We hope you enjoy using the Magic Breakfast website (the Website). Before you start using the Website, please read these terms and conditions carefully. By accessing the Website, you agree to be bound by these terms and conditions whenever you access the Website, on any device. Your continued use of the Website indicates your continued acceptance of these terms and conditions. If you do not agree to these terms and conditions, please refrain from using our Website.
• The Website www.magicbreakfast.com is operated and owned by Magic Breakfast (“Magic Breakfast”). Magic Breakfast is a Registered Charity (No. 1102510). ‘Magic Outcomes Ltd’ is our subsidiary under company number 04977015 and have our registered office at 190 High Holborn, London, WC1V 7BH
• Magic Breakfast reserves the right to modify or revise these terms and conditions at any time by posting changes on this page. You are expected to check this page from time to time to take notice of any updates we make, as they are legally binding on you.
Use of the Website
• You may access and use the Website without registering your details with us, however, as a registered user, you represent and warrant that the personal information you provide to us is complete and accurate to the best of your knowledge and that you will be responsible for maintaining the confidentiality of any user identification codes or password used as part of our security processes. You must not disclose these to any third party or assist anyone who is not a registered user to gain access to the Website. You agree to notify Magic Breakfast immediately if you become aware of or suspect any unauthorised use of your password or account by other third parties. Magic Breakfast reserves the right, in its sole discretion, to disable any user identification code or password, at any time, if in its opinion you have failed to comply with these terms and conditions.
• Whether you are a registered user or simply a visitor to the Website, you agree to only use the Website in accordance with all applicable laws and regulations and in a manner which does not infringe the rights of any other Website user, nor restrict or inhibit their use and enjoyment of the Website. Magic Breakfast reserves the right to restrict any access to the Website without prior notice.
Website and user-generated content
• We aim to update the Website regularly, and may change the content at any time. Magic Breakfast reserves the right to withdraw or amend any aspect, service or feature of the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period. Magic Breakfast may also restrict access to parts of or the entire Website to users who have registered with us.
• If you post or submit any user-generated content on the Website such as videos, photos, text, images, messages or other materials or participate in Magic Breakfast or associated discussion forums, e-bulletin boards, or other activities, events or interactive features on or in connection with the Website, you agree to abide by the following rules of conduct:
(a) You agree not to upload post or transmit any content that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice, is knowingly misleading or violates or infringes upon the rights of others, including any statements which may defame, harass, stalk or threaten others, or any offensive material including but not limited to obscene, pornographic, indecent or abusive material, expressions of bigotry, racism, or other discriminatory objectionable content.
(b) You agree not to upload post or transmit any content which is not your own original work or for which you have not obtained all necessary licences and/or third party consents.
(c) You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
(d) You will not transmit any material that encourages conduct constituting a criminal offence or giving rise to civil liability or support or provide instruction on illegal activity or discuss illegal activities with the intent to commit them.
(e) You agree not to interfere with any other user's right to privacy, including but not limited to the collection of personally-identifiable information about users of the Website or posting private information about a third party.
(f) You agree not to upload post or transmit any content, software or other materials which contain computer viruses, trojans, worms, logic bombs or corrupted data or other harmful or disruptive components which may interrupt, destroy or otherwise impair the operability of the Website or any related software or telecommunications equipment.
(g) You agree not to upload, post, e-mail or otherwise transmit any unauthorized advertising, promotional materials, or materials characterised as "junk mail," "spam," "chain letters," or "pyramid schemes," or similar material, or any other material containing advertising or any solicitation with respect to products or services.
(h) You must not post or transmit to the Website any other material that is or may be in breach of Magic Breakfast policies.
• Any messages or materials posted, submitted or otherwise made available to users of the Website or other content which does not originate from Magic Breakfast is the sole responsibility of the person who makes such content available on the Website. Magic Breakfast is not liable or responsible in any way for commentary or content generated by you or a third party using the Website.
• By submitting material you are granting Magic Breakfast a perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sublicense the material in whole or in part and in any form.
• If you do upload post or transmit any user-generated content in breach of the above rules of conduct Magic Breakfast reserves the right, in its sole discretion to remove or edit messages or any content submitted by you and, if you are a registered user, to disable or terminate your account for any reason.
• You agree to indemnify and hold Magic Breakfast, its affiliates and their respective directors, officers, employees and agents harmless from and against any claims, costs, expenses, liability or losses incurred by Magic Breakfast as a result of your use of the Website or, for registered users, the use of your Website account and any content that you upload or that is uploaded using your Website account.
• Magic Breakfast will not be liable for any loss or damage caused by technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any objectionable material posted on the Website, or on any third party website linked to it.
• If you have a complaint about any content on the Website, please notify us immediately by sending an email to the following address: [email protected]
, providing us with details of the exact content complained of.
Intellectual property rights
• All material on the Website is owned or licensed by Magic Breakfast or third party content suppliers. You acknowledge that Magic Breakfast is the owner or the licensee of all copyright, design rights, trade marks and other intellectual property rights in the Website, and all images, text, photographs, designs, software, data and other material published on it. All such rights are reserved.
• You agree that you will not copy, reproduce, republish, upload, post, download or otherwise use any Website content protected by copyright, design rights, trade marks, trade secrets, rights of publicity or other proprietary rights without the express permission of Magic Breakfast or the relevant third party content supplier which owns such copyright, design rights, trade marks, trade secrets, rights of publicity or other proprietary rights. You shall be solely liable for any damage resulting from any infringement of these intellectual property rights or any other harm resulting from this. Any person determined by Magic Breakfast, in its sole discretion, to have violated the intellectual property or other rights of others shall be prevented from submitting any further material on the Website.
• You may print off and/or download extracts of any web page from the Website for your personal reference only and you may draw the attention of others within your organisation to material posted on the Website provided that:
(a) You acknowledge that any printed or downloaded extract, or work derived from content on the Website is for your non-commercial personal use only. The commercial use or publication of all or any item displayed on the Website is strictly prohibited unless expressly authorised by Magic Breakfast. Contact: [email protected]
(b) You acknowledge that the Website is the source of such material and specifically state that Magic Breakfast (and/or any third party contributors) are the authors of material on the Website.
(c) You do not modify or manipulate paper or digital copies of any materials you have printed off or downloaded from the Website, and you do not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or in any other publication without the express permission of Magic Breakfast.
(d) Any extract of a web page printed or downloaded shall not be used in a misleading context or in a derogatory manner which may damage the reputation of Magic Breakfast or otherwise be harmful to us.
• If you wish to make any use of material on our Website, other than as set out above, please address your request to [email protected]
No other use of material from the Website may be made without obtaining our written permission.
• If you print off, copy or download any part of the Website in breach of these terms and conditions, your right to use the Website will cease immediately and it is within our discretion to ask that you return or destroy any copies of the materials you have made.
• Magic Breakfast reserves any rights not expressly granted in these terms and conditions.
• Any material displayed on the Website is intended for general information only. It is provided without any guarantees, conditions or warranties as to its accuracy, veracity or completeness. Magic Breakfast and its third party contributors do not accept any liability for a Website user’s use or reliance on such material.
• You expressly agree that your use of the Website is at your own risk. Neither Magic Breakfast or any other of its affiliates, their respective employees, agents, third party providers or licensors warrant that the functions contained in the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server enabling the Website is free of viruses or represents the full functionality, accuracy, reliability or content of any materials, service or products provided through the Website. We will not be liable for any loss, disruption or damage to your data, you computer system or any other damages arising out of your use of the Website.
• Magic Breakfast will not be liable for any loss or damage which was not caused by or attributable to Magic Breakfast, its employees or its agents. For clarity, under no circumstances will Magic Breakfast be liable for any direct, indirect or consequential damages, including without limitation, damages for loss of use, data or profits arising out of your use or performance of the Website, the provision or failure to provide certain Website services, information, material, goods or services through the Website or otherwise arising out of your use of the Website.
• This does not affect Magic Breakfast’s liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter or other such liability for breach of a statutory duty under applicable law.
Uploading material to the Website
• Whenever you make use of a feature that allows you to upload material to the Website or to make contact with other users of the Website, you warrant that any such contribution complies with the standards required by the feature, and you indemnify us for any breach of that warranty.
• Magic Breakfast will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
• Magic Breakfast has the right to remove any material or posting you make on the Website if, in its opinion, such material does not comply with these terms and conditions.
Links to and from the Magic Breakfast Website
• Our Website may contain links to websites operated by third parties. These links are provided for your information and convenience only. Magic Breakfast does not endorse or control the content of those websites, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to or from the Website, you do so entirely at your own risk. Magic Breakfast cannot confirm the accuracy and completeness of the material provided on these websites or the value and standard of any goods or services offered on the websites.
• If you wish to create a link to the Website home page, you may do so only on the basis that you link to, but do not replicate the Website home page, that it is done in a fair and legal way which is not damaging to or takes advantage of our reputation, and that you do not establish a link that in any way implies any form of association, approval or endorsement on our part where none exists. Magic Breakfast reserves the right, in its complete discretion, to refuse or withdraw permission to use website links to the Website without notice.
• If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
• If you breach these Terms and Conditions and Magic Breakfast ignores this, Magic Breakfast will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
• A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.Jurisdiction and applicable law
• The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website.
• These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
If you have any concerns about material which appears on the Website, or any further questions relating to the Website, please contact [email protected]
We will collect and use individual user details only where we have a legitimate reason and are legally entitled to do so in accordance with data privacy laws including the UK Data Protection Act 1998 (the Act). For the purposes of the Act, the Data Controller for the Magic Breakfast website is Magic Breakfast, 190 High Holborn, London, WC1V 7BH. Magic Breakfast is a registered charity (Charity No: 1102510) and Magic Outcomes Ltd (Company number: 04977015).
What information will Magic Breakfast collect?
• We collect information through your use of the Magic Breakfast website www.magicbreakfast.com (the Magic Breakfast website) including when you register with the Magic Breakfast website, make a donation, complete an online application form, carry out a transaction using a Magic Breakfast commission code, sign up to a Magic Breakfast scheme, event or other online services such as our e-newsletter, Twitter feed, Instagram, Facebook or Youtube group, campaigns or competitions, or when you report a problem with the Magic Breakfast website.
• The information retained by us will usually be your name, contact details, date of birth, bank account details to process donations and whether or not you are a UK tax payer so that Magic Breakfast can claim gift aid. Where we request other sensitive personal data from you, we will provide you with clear notice of this and an explanation as to why the information is needed.
• Please be aware that if you contact us by telephone, letter, email or via a social media website (e.g. Facebook, Twitter, Instagram), we may keep a record of that correspondence.
• Please note, in order to monitor browsing activity and user patterns, we may also retain details of your visits to our site including traffic data, location data, web logs and other communication data and the resources that you access. We may also collect information about your computer, such as your IP address, which is a unique identification number allocated to each individual computer or other network device.
How will Magic Breakfast store my personal information?
• Magic Breakfast uses the information we collect about you in order to understand more about how our website is used, and to be able to send you communications that may be of interest to you.
• When you share your personal information on the Magic Breakfast website, you are sharing that information with Magic Breakfast alone
• All the information you provide to us will be stored on secure servers and any payment transactions will be encrypted. We will do our best to protect your personal data, however we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
• We will hold your personal information on our systems for as long as is necessary for the relevant activity, for example we will keep a record of donations for at least seven years.
How will Magic Breakfast use my personal information?
• Magic Breakfast will use your personal information in a number of ways including:
(a) To monitor and improve the services we offer on the Magic Breakfast website.
(b) To provide you with information, products or services that you request from us or which we feel may interest you, where you have agreed to receive it.
(c) To respond to any correspondence you have entered into with us whether by letter, email, social media or other means and contact you in relation to donations, application forms or other online content you have signed up for;
(d) To carry out our obligations arising from any contracts entered into between you and us.
(e) To invite you to participate in surveys, research or other interactive features.
(f) To notify you about any changes or updates to our service, that may affect you.
• Magic Breakfast may, from time to time, ask you to complete surveys that we use for research purposes, however you do not have to respond to these.
Will Magic Breakfast disclose my information to anyone?
• We will only use your personal information for the purposes for which it was obtained.
• We will keep your personal data confidential except where disclosure is required or permitted by law (for example to government bodies for tax purposes or law enforcement agencies for the prevention and detection of crime, subject to such bodies providing us with a relevant request in writing) or in order to enforce or apply our terms and conditions and other agreements, or to protect the rights, property, or safety of Magic Breakfast or our users.
• If you post or send offensive or defamatory content to or anywhere on the Magic Breakfast website, we may use your personal information to prevent such behaviour. Where Magic Breakfast reasonably believes that you are or may be in breach of any of laws, we may use your personal information to inform relevant third parties such as your internet provider or a law enforcement agencies about the content.
• In order to provide you with a good service, Magic Breakfast reserves the right to disclose your personal information to other group companies, including its subsidiary Magic Outcomes in accordance with section 1159 of the UK Companies Act 2006.
Access to information
The Data Protection Act 1998 gives you the right to access information held about you.
Legal information and contacting us