Terms & Conditions and Privacy Policies

The Grant Agreement is made between us and you. By accepting the Grant, you agree to the following:

1. Interpretation

1.1 The definitions and rules of interpretation in this clause 1 will apply to these General Conditions.

"Application" means your application to us for a grant;

"Application Form" means the application form provided by you to us including any supplemental documents and information for the purposes of the Application;

"Approval Letter" means the determination letter sent by us confirming that we have approved your Application;

"General Conditions" means the general conditions of grant set out in this document;

"Grant" means the grant sum (or any part of it) to be paid under the Grant Agreement;

"Grant Agreement" means the grant agreement between you and us comprising the Application Form, the Approval Letter, these Conditions and the Special Conditions;

"Special Conditions" means the special conditions (if any) on which we approve your Application as notified to you in our Approval Letter or elsewhere in writing;

"we", "our" and "us" refer to The William Leech Charity, a registered charity (charity no. 265491];

"you" and "your" refer to the individual and organisation who signed to the Application Form;

1.2 References to clauses are to the clauses in these General Conditions.

1.3 Words in the singular include the plural and in the plural include the singular.

1.4 A reference to "writing" or "written" includes faxes, email and other electronic methods of communication

2. Purposes of the Grant

2.1 The Grant will only be used for the purpose or purposes set out in the Application Form or for incidental purposes ("Stated Purposes") and in accordance with the Grant Agreement.

2.2 If you no longer need any part of the Grant for the Stated Purposes, you must notify us as soon as possible.

3. Payment

3.1 Once we send an Approval Letter, our intention is to pay the Grant. However, you accept that we can only pay the Grant if we have sufficient funds. We are therefore under no obligation to pay the Grant even if we approve an Application.

3.2 No Grant will be paid unless we are satisfied that it will further our charitable objects and be used properly in accordance with the Grant Agreement.

3.3 We may pay grants in pre-determined tranches (subject to clause 7)

3.4 You will promptly repay to us any money which is incorrectly paid to you as a result of an administrative error or otherwise.

4. Monitoring

4.1 You will at our reasonable request provide us with such further information, explanations and documents as we may reasonably require in order for it to establish that the Grant (or any asset purchased by the Grant) has been used properly in accordance with the Grant Agreement.

4.2 You will at our reasonable request provide a written declaration signed by you that the Grant was used properly in accordance with the Grant Agreement.

5. Publicity

5.1 From time to time we organise publicity and promotional activities. It is always our intention to be sensitive to any beneficiary's personal and medical circumstances.

5.2 We may contact you from time to time for fundraising or promotional purposes.

5.3 Subject to clause 5.1, you agree to participate and co-operate with our promotional activities at our reasonable request where possible.

6. Data Protection

6.1 We will comply with our obligations under the Data Protection Act 20188 as amended.

6.2 By accepting the Grant, you warrant and represent to us that you were authorised to provide the personal information in the Application Form and agree that we may process the personal information in accordance with the Grant Agreement.

6.3 We may use the personal information provided in the Application Form for grant administration and monitoring purposes.

6.4 We may retain and use your personal information for ongoing analysis of our charitable activities.

6.5 We may also disclose any personal information to a third party where required to do so by law.

7. Suspension, Withholding or Repayment of the Grant

7.1 Without prejudice to our other rights and remedies, we may in our absolute discretion withhold or suspend payment of the Grant and/or require repayment of all or part of the Grant if:

7.1.1 you use the Grant (or any asset purchased by the Grant) for purposes other than the Stated Purposes;

7.1.2 you receive duplicate funding from a third party for the Stated Purposes;

7.1.3 you provide us with any materially misleading or inaccurate information;

7.1.4 take any actions which, in our reasonable opinion, bring or are likely to bring our name or reputation into disrepute;

7.1.5 you are declared bankrupt; go into liquidation; or

7.1.6 you fail to comply with any of these General Conditions or any other provision of the Grant Agreement and fail to rectify any such failure within 14 days of receiving written notice detailing the failure.

7.2 Where any sum is payable by you to us under the Grant Agreement or otherwise, you will pay any such sum without any deduction (whether by way of set-off, counterclaim, discount, abatement or otherwise).

8. Indemnity and Limited Liability

8.1 You will indemnify us and our trustees, officers and employees (Protected Parties) in relation to all claims, demands, actions, costs, expenses, damages, losses (whether direct or indirect) and all other liabilities incurred by any Indemnified Party arising from any breach by you of any provision of the Grant Agreement.

8.2 Subject to clause 8.3, our liability under the Grant Agreement for any claims, demands, actions, costs, expenses, damages, losses (whether direct or indirect) and all other liabilities incurred by you arising from our performance or non-performance of the Grant Agreement or our negligence is limited to the amount of the Grant and every other Protected Party shall have no liability whatsoever.

8.3 Nothing in the Grant Agreement limits or excludes liability for:

8.3.1 any damage or loss resulting from fraud or fraudulent misrepresentation;

8.3.2 death or personal injury resulting from negligence; or

8.3.3 any other liability which cannot lawfully be excluded or limited.

9. Termination

9.1 We may terminate the Grant Agreement immediately by giving written notice to you if at any time financial constraints prevent us from being able to make the Grant or for any other reason whatsoever.

9.2 In particular, we may terminate the Grant Agreement immediately by giving written notice to you if at any time we are entitled to suspend or withhold the Grant under clause 7.

10. General

10.1 You will not be entitled to assign the Grant Agreement or any part of it without our express prior written consent.

10.2 You warrant and represent to us that all the information and documents provided to us in the Application Form or for the purposes of the Grant Agreement are true and accurate. You are deemed to repeat this warranty and representation every time new information or documents are provided to us for the purposes of the Grant Agreement.

10.3 Failure or delay by us in enforcing or partially enforcing any provision of the Grant Agreement will not be construed as a waiver of any of our rights under the Grant Agreement.

10.4 Neither we nor you intend that any provision of the Grant Agreement (excluding clause 8) will be enforceable by any person that is not a party to it.

10.5 The Grant Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with English law. The parties submit to the jurisdiction of the English courts.