Validation Disclaimer

3.1 Disclaimer (Terms and Conditions) for the Validation Service

YOUTH MATTER! VALIDATION

YouthMatter! is a voluntary, non-governmental, non-profit organisation dedicated to aiding and supporting voluntary youth organisations in the Warrington area. Our validation service (the "Service") assesses whether member and prospective member organisations comply with certain criteria set by YouthMatter! (the "Validation Criteria"). The following terms apply, to the exclusion of all others, if you use the Service, claim you are validated by YouthMatter! and/or rely on any validation awarded and are accepted by you by virtue of such use, claim or reliance.

  • Validation Criteria: The Validation Criteria are set by YouthMatter! in its absolute discretion and may be changed by YouthMatter! at any time although a change in the Validation Criteria will not affect existing validations.
  • Validation Process: Validation assessments are carried out by a team of trained volunteers. The decision to give or withhold validation is at the absolute discretion of YouthMatter! and its volunteers, neither of which will have any liability to any organisation in respect of any decision to give or withhold validation. If there is a dispute as to whether validation should be given or withheld, the decision of YouthMatter! is final.
  • Information: Organisations are assessed and, where the Validation Criteria are satisfied validated, on the basis of information provided by the organisation. We will use reasonable endeavours to satisfy ourselves as to the completeness and accuracy of the information provided but do not accept any responsibility or liability for the accuracy or completeness of information provided by an organisation. It is each organisation's responsibility to ensure that: (i) the information it provides is complete, accurate and not misleading; and (ii) it promptly notifies us of any change in circumstance which affects or may affect its compliance with the Validation Criteria. Any organisation in breach of this obligation shall indemnify and hold YouthMatter! harmless against loss, liability, damage, cost and expense suffered or incurred by YouthMatter! as a result.
  • Duration: Subject to the provisions for withdrawal set out below and, provided that the organisation continues to comply with the Validation Criteria (failing which the validation will terminate automatically and without notice), validations continue for a period of three years from the date of issue, at the end of which time they will expire automatically.
  • Withdrawal: We reserve the right, at any time upon written notice, to withdraw a validation without penalty or liability if we discover (whether due to an interim validation assessment or otherwise) that an organisation is not compliant, has undergone (or is about to undergo) a material change or is in breach of its obligations in connection with the Service.
  • Suspension. We reserve the right to suspend an organisation's validation without penalty or liability if we have reasonable grounds for believing that it is not compliant with the Validation Criteria, has undergone or is about to undergo a material change or has failed to comply with its obligations in connection with the Service.
  • Reliance: YouthMatter! validation does not constitute a promise, representation or guarantee by YouthMatter! that, at any time after the award of validation, the validated organisation continues to comply with the Validation Criteria. We reserve the right to undertake interim validation assessments to ensure that organisations are still compliant but are not obliged to do so and have no responsibility or liability for any organisation's continued compliance with the Validation Criteria or failure to do so. It is the responsibility of the person, business or organisation that joins or otherwise deals with a validated organisation to satisfy itself as to the suitability, reliability, trustworthiness and competence of the organisation. YouthMatter! validation is a starting point for further exploration and nothing more.
  • Proprietary Rights: The YouthMatter! name, the YouthMatter! validation process, the documentation and materials used in that process and the trade marks, copyright and other intellectual property rights therein are all the property of YouthMatter! and may not be used by any other person, organisation or business without our written consent. Validated organisations may use the YouthMatter! name and statement of validation on their website and other materials for so long as their validation is in effect provided that:
    1. they use them in the form from time to time specified by YouthMatter;
    2. they do not apply to register the YouthMatter! name or incorporate it in any domain name, business name or trading name;
    3. they do not use any confusingly similar name; and
    4. they do not make any statement about their validation or its effect which is inconsistent with these terms.
    Any organisation in breach of this obligation shall indemnify and hold YouthMatter! harmless against loss, liability, damage, cost and expense suffered or incurred by YouthMatter! as a result.
  • Non Validated Organisations: An organisation that has not been validated by YouthMatter! or whose validation has expired or been terminated or suspended must not represent or claim that it is validated. Any person or organisation in breach of this obligation shall indemnify and hold YouthMatter! harmless against loss, liability, damage, cost and expense suffered or incurred by YouthMatter! as a result.
  • Transfer: YouthMatter! validation is personal to the organisation to which it is awarded and may not be assigned, transferred or relied upon by any other person or organisation.
  • Liability: YouthMatter! will use reasonable care and skill in assessing organisations and in awarding, withholding, withdrawing and suspending validations but excludes all promises, obligations and warranties that may be implied by law to the fullest extent permitted. (With the exception of liability for fraudulent misrepresentation, death or personal injury caused by negligence and wilful misconduct (in respect of which the liability of YouthMatter! is unlimited)) YouthMatter! shall not have any liability (in negligence or otherwise) to any person, organisation or business who uses or relies upon the Service or any validation granted for any indirect, incidental or consequential loss, or for loss of profit, business, reputation or management time, and the liability of YouthMatter! shall be limited in respect of each claim or series of related claims.
  • General: These terms may be varied by YouthMatter! at any time without notice. If any part of these terms is unenforceable it shall be deemed severed and the remainder will stay in force. Any delay by YouthMatter! in exercising its rights or remedies will not act as a waiver of those or any other rights or remedies. These terms are governed by English law and the English courts have exclusive jurisdiction over disputes arising hereunder.