M&S Community Fund T&Cs
1. Applying for Marks and Spencer Community Funding
1.1. By completing an Application, you are applying for Marks and Spencer Community Funding and you have read and accepted these terms and conditions. You also accept that you may not succeed in your application, and our decision is final.
1.2. If we need more information from you, we will contact you by email or using other contact details you provide.
1.3. After reviewing the applications received, we will decide which Projects to support and notify you of our decision. We cannot provide feedback on your Application.
1.4. We may display details of successful Projects on our website.
2. Who Can Apply
2.1. You must complete the information in detail in our Application form online. This can be found at https://www.marksandspencerguernsey.com
2.2. Only one Application per cause or organisation will be considered. Duplicated or multiple applications will not be considered and may disqualify your request for Funding. Applications of the following type will not be considered:
2.2.1. Promoting political activities or religious beliefs or similar causes unless proven to wholly benefit the community;
2.2.2. Used to pay salaries, expenses or running costs;
2.2.3. Make grants or offer funding to any other persons or organisations, whether worthy or otherwise;
2.2.4. Projects started before we decide to fund them;
2.2.5. Projects for which public authorities are responsible;
2.2.6. Sponsored events;
2.2.7. Projects not wholly within the Channel Islands;
2.2.8. Projects which, at our sole discretion, could harm the reputation of Marks and Spencer.
2.3. By completing an Application, you agree that any funding you receive is subject to these terms and conditions.
3. Definitions
3.1. In these terms and conditions:
3.1.1. “Application” means the form you completed requesting Funding;
3.1.2. “Fund or Funding” means the Marks and Spencer Community Funding we give you for the Project;
3.1.3. “Project” means the project you described in detail on Your Application;
3.1.4. “We”, “us”, “our”, and “Marks and Spencer” means Marks and Spencer Limited and any affiliates or associate entities, including our employees.
3.1.5. “You”, or “Your” means the person, charity or organisation named in the Application.
4. Our Contract with You
4.1. By making an Application and accepting the Funding, you also accept your obligations arising from these terms and conditions.
4.2. We will confirm whether you are successful in four Application for funding by writing to you at the e-mail or other address you entered on the Application.
5. Your Obligations
5.1. You will act in good faith when administering and carrying out the Project. You will not give us false, inaccurate or misleading information about your Project or use the fund for anything other than the Project set out within Your Application and agreed with Marks and Spencer.
5.2. You can only spend the Funding to carry out the Project described within the Application.
5.3. When completing your Project, you agree and confirm you shall:
5.3.1. Acquire all the necessary permissions before commencing your Project, keeping them current and complying with all obligations arising from them;
5.3.2. Maintain clear and accurate records of how you spend the funding;
5.3.3. Immediately share the project records with us if we ask you to.
6. Report of Project Progress
6.1. We may make reasonable requests for you to report on the benefits achieved by the Project. You agree to report to us promptly and in the detail we request. If we ask to meet with your officers or agents, they must do so with reasonable notice.
6.2. You must provide us with additional information or documents we ask for to verify that you only used your funding for the Project in accordance with these terms and conditions.
6.3. We may use your reports or some of its content to publicise the Marks and Spencer Community Fund.
6.4. When the Project is complete or otherwise terminated, we may ask you to submit a post-project report in the form we request. We may also ask for updates after the Project is completed.
7. Publicity and Marketing
7.1. You agree we may use information, including images provided by you, for publicity or marketing purposes. We may publicise details of Projects online and elsewhere without notice to promote the Marks and Spencer Community Fund. You agree we may edit or change the wording of any content You give to us.
7.2. You agree to follow any brand guidelines we give you when you mention the Marks and Spencer Community Fund in your publicity or marketing. It is your responsibility to promote your cause or Project.
7.3. If you supply us with any photographs, logos, trademarks or other intellectual property rights, you grant us a worldwide and irrevocable license to use, publish, and reproduce them in any media, wherever and whenever we so choose. Marks and Spencer shall have no obligation to inform you of its publicity and marketing initiatives.
7.4. Any photos, logos, trademarks or other intellectual property rights you give us, You warrant and confirm you have:
7.4.1. Ownership of them;
7.4.2. The right to give us the license to use them as described in clause 7.3 above;
7.4.3. Permission of anyone who appears in a photo so that we can use it;
7.4.4. Their parent or legal guardian’s permission that we may use it for any person in a photo under the age of 18;
7.4.5. Confirmed they don’t infringe on anyone else’s intellectual property rights.
8. Return of Funding
8.1. We have the right to ask you to return all or any part of your funding if we have good reason to believe you used it or any part of it:
8.1.1. On anything other than the Project agreed;
8.1.2. In a manner that, at the sole discretion of Marks and Spencer, goes against the purpose of the Marks and Spencer Community Fund or otherwise in breach of these terms and conditions.
9. Termination of the Contract
9.1. Our contract with you will continue until you have spent all the funding given to you for the Project and we have finished marketing it.
9.2. We may choose not to pay you any or all of the Funding and/or end the contract with You immediately if you:
9.2.1. Fail to comply with any of these terms and conditions;
9.2.2. Cause serious damage to our brand, our reputation or goodwill, whether in connection with the Project or otherwise;
9.2.3. Unable to comply with these terms and conditions or maintain or complete the Project.
10. Your Data
10.1. Information and data you give us about the Project (including personal data defined by the General Data Protection Regulations 2018 in the UK) will still belong to you. Still, you agree with our agents, and we have the right to use it however we choose (for example, statistical analysis, market research, marketing and publicity, or auditing).
10.2. Before you pass data on to us, you need to tell whoever the data is about that we (and anyone working for us) can see it, use it, and get their consent.
11. Obligations of Marks and Spencer
Act responsibly and comply with all relevant laws and regulations, including those relating to funding community projects and data protection.
12. Your Obligations
12.1. You agree not to transfer any part of the Funding out of the Channel Islands or any of your rights under it to any other organisation or person unless you have prior written authority to work with them from Marks and Spencer to carry out the Project.
12.2. We will not accept changes to these terms and conditions unless we agree to them in writing.
12.3. When we communicate with you by post, we shall assume you received it after three full working days. If we write to you by email, we will assume you received it the next working day so long as it is not returned to us.
13. Contact and General Details
13.1. You can write to the Marks and Spencer Community Team at [email address].
13.2. We will write to You at the email address on your Application.
13.3. These terms and conditions and the documents included in them, such as the Application, contain everything we agreed to about the fund.
13.4. These terms and conditions, your fund, and any disputes or claims in connection with them shall be governed by the laws of Guernsey. The courts of Guernsey shall have non-exclusive jurisdiction.
13.5. If a court decides any part of these terms and conditions are not enforceable at law, then all remaining terms and conditions shall remain in full force and effect.
13.6. We can change or vary these terms and conditions by giving you reasonable notice of the change or variation.