Website Terms

Welcome to www.the-98-percent.com (also referred to herein as the “website”).

These Website Terms should be read before you use the website as they form a legally binding agreement between you and The 98% CIC (also referred to herein as “we,” “us,” “our,” or “The 98%”), and govern the relationship between you and us regarding your use of the website, your communications and interactions with us, and any donations you make to us. These terms apply in addition to any other terms, conditions, policies or notices we may publish regarding your use of the website, including but not limited to, our Privacy Notice and any terms or conditions governing the purchase of any goods or services we offer you through the website.

By using and accessing this website, you agree to be bound by these terms in full. If you do not wish to be bound by these terms, you should immediately cease using and accessing the website.

From time to time, it may be necessary for us to amend these terms. Should we make any changes, we will publish the amended terms on the website. We recommend you check the website regularly to ensure you are informed of any amendments we make. By continuing to use the website, you will be deemed to have accepted the amended terms. If you do not agree to the amended terms, you should immediately cease using and accessing the website.

For the avoidance of doubt, these terms do not apply to or govern any relationship you have with a third party who we use to deliver the website or any content to you, or to any third party website or service we may link to through the website and/or social media. If you are planning to enter into an agreement or contract with any party, you should always read the terms of that agreement carefully and in full, consulting with a licensed legal professional where appropriate.

1. Who we are

The 98% CIC is a community interest company founded to support and empower actors, and work towards industry change in regards to handling malpractice and abuse of power. We also produce and publish The 98% podcast.

The 98% CIC is registered in England and Wales with company number 16521251. Our registered office is Unit 11, Glebe Farm, Brackley, NN13 6DN, United Kingdom.

2. Contacting us

If you have any questions or enquiries relating to these Terms, you can contact The 98% CIC by emailing info@the-98-percent.com

In addition to using the contact forms available on our website, you can also contact us through our official social media channels or other methods we publish from time to time.

3. Privacy Notice and cookies

In addition to these terms, by using and accessing this website, you are deemed to have read and accepted our Privacy Notice and Cookies Policy.

4. Your use of the website

You are not permitted to use the website for any purpose for which it is unintended to be used, or for any purpose which is improper, unlawful or in breach of any license, legislation or regulation that may apply to you.

When using the website, you must not:

Interfere with or disrupt the website or any services, servers or networks connected to it. This includes but is not limited to the transmission of viruses, spyware, malware and any other programs or codes of a destructive, disruptive or malicious nature.
Make any attempt to interrupt or disrupt any live broadcast.
Make any attempt to restrict access to the website or any function of the website, or encourage or facilitate any breach of these terms by another user of the website.
Publish, post, upload, store, distribute or disseminate any material which is unlawful, defamatory, obscene, harmful, infringing, hateful or confidential, or any material or information which is otherwise illegal or which may constitute a criminal offensive or give reason to any party to launch a civil course of action against another party.
Upload or attempt to upload any material or data which infringes upon the intellectual property rights of any party.

By using this website, you agree to comply with any and all reasonable instructions we may give you regarding its use.

You are responsible for obtaining (at your own cost) any equipment necessary in order to access and use the website. You are also solely responsible for ensuring no third party uses your equipment to access and use the website without your consent, and you agree you will be liable for any charges, costs, liabilities or damages incurred by any third party using your equipment, whether or not they have your consent to do so.

Should you breach any of these terms, or any other policy or notice referred to herein, we have the right to terminate your access and use of the website without notice or liability to you. We additionally reserve the right to terminate your access and use of the website at our sole discretion for any reason and at any time. Should we choose to terminate your access and use of the website, you must immediately cease any and all access and use.

Your access to the website is provided on a temporary basis, and we reserve the right to suspend, withdraw, discontinue or change any part of the website or the services and functions offered through it, including the availability of any content, without prior notice or liability to you.

You must be aged eighteen or older to make use of the website and any services offered through it, unless under the supervision of a legal parent or guardian aged eighteen or over. You must observe and comply with any age restrictions on content, whether advisory or enforced.

5. Intellectual property

The website contains intellectual property (including, but not limited to, registered and unregistered trademarks, designs, documents, logos, images, podcasts, sound, text, software, and moral rights) protected under the intellectual property laws of the United Kingdom and other countries and territories.

By using the website, you agree to respect the intellectual property rights and copyright of the relevant rights holders in all jurisdictions worldwide.

In certain cases, you may be able to view, download, or print specific materials and content from this website that contain protected intellectual property. Your use and access to such materials and content are subject to the following conditions:

We must have expressly permitted the downloading of such material or content.
Your use of any such material or content must be for personal, non-commercial purposes only.
You must not reproduce, redistribute, or republish any material or content, in whole or in part, in any form or medium, without the prior written consent of the relevant rights holders, unless otherwise permitted below.
You must not distribute or make available any material or content to third parties by any means.
You must not remove or alter any copyright, legal, or other proprietary notices contained within the material or content.

Your use of this website, and any products or services offered or purchased through it, does not grant you any rights or license in relation to the intellectual property featured on, or made available through, this website.

We encourage you to share content belonging to The 98% CIC if you believe such content is valuable to other parties, provide that:

The content is shared accurately and in full context.
Clear and appropriate attribution is given to The 98% CIC and the original author.
You provide a link to the original content.
The sharing is non-commercial and does not suggest any form of endorsement or affiliation.

Any further use of our intellectual property requires prior written permission in all circumstances.

6. Translations

The website is written and provided in English (UK). If translations are available in other languages, these translations are automatically generated using a third-party service and may not be fully accurate. These translations are offered for convenience only and are provided on an “as is” basis, without any guarantee of quality or accuracy.

If there is any difference in meaning between the English text and a translated version, the English version will take precedence. You should not rely on automatic translations when making decisions or entering information on the website.

7. Contributor and guest content

Any views or opinions expressed by contributors to the website, guests on our podcast or any third party through this website or associated media are the views and opinions of that individual and do not necessarily reflect the views or positions of The 98% CIC.

While it is our aim to feature and platform accurate and respectful content, we do not endorse or take responsibility for any statements, opinions or advice provided by contributors or guests. You should always exercise your own judgment and, where appropriate, seek independent professional advice before acting on any information presented by contributors, guests or other third parties.

8. Not formal advice

Information provided on the website is intended for general information purposes only and should not be considered formal legal, financial, medical or other professional advice, nor treated as such. You should not rely upon information provided on the website as a substitute for seeking independent professional advice. If you require any advice or guidance specific to your own situation and circumstances, you should consult a qualified and licensed professional.

9. Unsolicited ideas

We do not accept any unsolicited ideas and you should not send us any unsolicited idea or submission in any form. Should you choose to submit an idea anyway, you agree regardless of the wording in any such submission:

We will automatically own your submission and the contents of your submission, without any compensation to you now or in the future.
We may make use of your submission and the contents of your submission for any purpose and in any form, and in any territory.
We are under no obligation to keep your submission and the contents of your submission confidential, and we may redistribute any part of it to any party at any time.
We are under no obligation to review or respond to any submission you send to us.
You confirm that you own all rights to your submission and agree to fully indemnify us against any third party claim which may arise from our use of your submission under these terms.
Your submission may be similar to another submission we have received or a project or idea we already have in development. You agree we will not be liable to you for any losses or required to pay to you any compensation either now or in future, if we develop, either alone or in partnership with a third party, any idea which is similar in nature to your own.

10. Content suitability

Content on our website and within our podcast may discuss sensitive or potentially distressing topics, including but not limited to abuse, sexual assault, discrimination, and other difficult experiences within the entertainment industry.

We aim to provide clear content warnings where possible; however, due to the nature of our discussions and human error, some warnings may occasionally be missed. Viewer and listener discretion is advised at all times.

Contributors and guests participate voluntarily and with their informed consent, and may share personal experiences that reflect their own views and perspectives. Such contributions are always handled with care and sensitivity.

In some cases, our content may refer to individuals or situations involving allegations or matters of public interest. The inclusion of such material is editorially justified, meaning it is included only where there is a clear and fair reason to do so and where it serves a legitimate public interest.

While we are not required to comply with broadcast or press regulations, we voluntarily follow the principles of the Independent Press Standards Organisation (IPSO) Editors’ Code of Practice and aim to uphold the highest standards of fairness, accuracy, and sensitivity in all our work. However, The 98% CIC is not a member of IPSO and is not regulated by IPSO. Complaints regarding our content cannot be submitted to IPSO.

11. Donations

Any donation you make to The 98% CIC is subject to the following provisions:

You are deemed to have read, understood and agreed to be bound by these terms at the point you make your donation.
Where we use a third party service provider to process your donation, any terms, conditions, privacy notices or other policies published by that third party apply in addition to our own terms.
Unless you explicitly request or set up a recurring donation, any donation you make will be considered and treated as a one-off contribution, and we will not take any further payment from you without additional consent in the form of a new donation.
Unless accepted for a specific purpose, any donation you make may be used by us for any purpose at our discretion. Donations will always be used to further our aims and objectives. On occasion, donations may be used (in part or full) to cover our administration and other ongoing costs, or to help fund any project or event we launch or produce, whether on our own or with a third party, where the aim of that project or event is in furtherance of our own aims and objectives.
When you make a donation, we and/or the third party service provider processing your donation, require certain personal information from you. By making a donation, you agree we and they may process your personal information in accordance with our respective Privacy Notices, and warrant that any information you have provided to us is accurate.
The 98% CIC is a registered not-for-profit community interest group but not a charity. Donations made to us are not tax deductible in any territory and we are not able to claim Gift Aid on donations made by UK taxpayers.
If you choose to make a recurring donation, you agree these terms will apply to all donations made as part of that recurring donation. You can adjust and manage recurring donations by contacting the third party service provider processing your donations directly.
We reserve the right to refuse and return any donation for any reason. Where we exercise this right, we will not be required to provide any reason for doing so. Donations from certain sources and high-value donations will be subject to additional checks, and we may refer the decision to accept or reject the donation to our board.
If you require a receipt for your donation and were not provided with one at the time of donating, you should email info@the-98-percent.com with details of your donation. Any receipt we provide will list the donation in the currency and at the value we receive it. This may not be the same currency in which you made your donation, and due to exchange rate fluctuations, the value of the donation may be listed as more or less than the original donation value.
When you make a donation, you agree your donation is final and non-refundable, except where required by law or rejected in accordance with these terms. If you make a mistake while donating (e.g. you donate £100.00 instead of £10.00), we may refund you the excess amount provided you notify us by email (info@the-98-percent.com) within 24 hours of making the donation. If you notify us after this period, we will not consider any refund request. For security reasons, where we agree to a refund, we will only issue that refund to the account the donation was made from. We also reserve the right not to refund a donation until after the donation has fully cleared in our own account. Donations will be refunded in the currency and at the value we receive them. This may not be the same currency in which you made your donation, and due to exchange rate fluctuations, the value of the refund may be more or less than the original donation value.
For security reasons, we may impose minimum donation amounts. The minimum donation amount may vary between donation methods and payment processors.
Should you initiate a chargeback against us to recover any donation you have made, we reserve the right to recover all costs of defending such action from you.
If you become aware of any donation which has been made through fraudulent use of your bank account or card, you should notify your financial institution and/or card provider immediately. We also ask that you notify us so we can assist with any refund required and provide assistance as needed.

12. Warranties and disclaimers

While we make every effort to provide accurate and up-to-date information, material, and content, the fast-changing nature of our work, the situations we cover, and the possibility of human or technical error mean that we cannot guarantee the accuracy, completeness, currency, or reliability of any material or content provided through the website.

All information, material, and content on the website is provided on an "as is" basis, without any warranty of any kind, whether expressed, implied, or otherwise, including but not limited to warranties of accuracy, completeness, or reliability. To the fullest extent permitted by law, we shall not be liable for any loss or damage arising from your use of, or reliance on, any information or material available on this website.

You are advised to independently check and review any information, material, or content accessed through this website. Any reliance on such information is at your own risk.

This website contains links to other websites, microsites, and services operated by third parties, which are not under our control. These links are provided for convenience only. We make no representations or warranties regarding the content, accuracy, legality, or reliability of any third-party websites, microsites, or services, or the products or services they provide. Accessing third-party websites, microsites, or services is at your own risk, and you are responsible for complying with their terms of use, privacy notices, and cookie policies.

We are not responsible for the content published or views expressed by our partners, employees, third-party service providers, or any individual or group featured or mentioned on this website, or for any content made available on or through this website.

13. Liability and indemnity

By using this website, you agree that we shall not be liable for any loss, whether direct, indirect, consequential, or otherwise, arising from your use of this website, any services provided on or through it, or any activity connected to such use. This includes, but is not limited to:

Any claim, damage, or loss, including punitive, special, incidental, or consequential damages of any kind.
Loss or corruption of data.
Loss of income or profit, whether direct or indirect, and whether based in contract, tort (including negligence), or otherwise.
Failure of any part of this website or any service provided on or through it, including unavailability of any products, services, or information offered, irrespective of duration.
Any reliance on the accuracy, completeness, currency, or reliability of information, material, or content provided through this website or any service.
Any damage caused by viruses, spyware, malware, or other harmful code that may affect your computer equipment or other property when using this website or any service provided on or through it. You acknowledge that downloading or acquiring any information, material, or content is done at your own risk.

In no case, except where required by law, will we be liable to you, even if you have forewarned us of the possibility that you may suffer any loss or damage through your use of this website, any service provided on or through it, or any activity connected to such use.

Due to the nature of the internet, we shall not be liable to you for any damage to, or any virus, spyware, malware, or any other program or code of a destructive, disruptive, or malicious nature that may infect your computer equipment or any other property through your use of this website or any service provided on or through it, or any activity connected to such use. By using the website, you agree that the downloading or acquisition of any information, material, or content through this website or any service provided on or through it is done solely at your own discretion and risk, and that you are solely responsible for any damage or loss that may result from such downloading or acquisition.

By using this website, you agree to fully defend, indemnify, and hold harmless us, our officers, directors, employees, partners, agents, and third parties we work with, and to fully reimburse us for any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses, including legal fees, arising out of or in connection with any of the following: your breach of these terms of use or any other terms, conditions, notices, or policies we publish on this website or make available to you when you make any purchase or use any service made available on or through this website; your violation of any third-party rights, including intellectual property, publicity, confidentiality, property, or privacy rights, or any agreement or terms with a third party to which you are bound; your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; and any misrepresentation made by you. You also agree to cooperate fully as required by us in the defence of any claim. We shall have the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you may not settle any claim without our prior written consent.

To the fullest extent permitted by law, in no event will we be liable to you for any loss or damages of any kind, including, without limitation, under any theory of tort, contract, strict liability, or other legal or equitable theory, for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages, lost profits, lost data, lost opportunities, or costs, that are directly or indirectly related to these terms of use and any contract formed by them between you and us.

Nothing in these terms of use limits or excludes our liability to you for fraud or any case of fraudulent misrepresentation, wrongful death or personal injury caused by our negligence, or any other liability which cannot be limited or excluded under applicable law.

We are not responsible for delays, damages, or losses arising once your order has been transferred to our third-party fulfilment partner, Printful, for production and shipment. Any delivery issues should be reported to us promptly so we can liaise with Printful on your behalf.

14. Products and Orders

Merchandise available through our website is printed and fulfilled by Printful, our trusted third-party production partner. Each item is made to order and shipped directly from Printful’s facilities.

By placing an order, you acknowledge and agree that:

Your order information (name, postal address, and contact details) will be shared with Printful to fulfil and deliver your order.
Printful acts as a data processor on behalf of The 98% CIC in compliance with data protection laws.
Shipping times and costs vary depending on location and will be displayed at checkout.
Because items are made to order, we cannot accept returns or exchanges due to incorrect sizing, colour choice, or change of mind - except where required by law (for example, if an item is faulty, damaged, or not as described).
If your item arrives damaged, defective, or incorrect, please contact us at info@the-98-percent.com within 14 days of receiving it, including your order number and photographs of the issue. We will work with Printful to arrange a replacement or refund in line with consumer rights legislation.

For further details on Printful’s fulfilment and shipping processes, visit: https://www.printful.com/policies

Prices and Taxes
All prices are listed in GBP (£) and include VAT where applicable. Prices may vary depending on product, size, and fulfilment location. We reserve the right to change prices at any time without prior notice.

Returns and Refunds
Our Returns & Refunds Policy forms part of these Terms and outlines your rights and responsibilities when making a purchase. Please review it before ordering.

Payments
Payments for products and donations are processed securely via third-party payment providers such as Squarespace Payments, Stripe, or Ko-fi. The 98% CIC does not store or have access to your full payment details. Use of these services is governed by their own terms and privacy policies.

15. Waiver

Should we decide not to enforce or otherwise fail to enforce any part of these terms, this will not constitute a waiver of our right to do so, and we reserve such right in all future instances.

16. Severability

Should these terms be withdrawn or any contract formed by them terminated, all provisions which by their nature should survive such withdrawal or termination shall be deemed to do so.

Should any section of these terms be found unlawful, void or for any reason unenforceable, that provision shall be deemed severable from these terms as a whole and will not affect the validity or enforceability of any remaining provisions.

17. Force majeure

For the purpose of these terms, “force majeure” shall refer to any circumstance outside the control of The 98% CIC, including but not limited to, acts of God, war, insurrection, riot, civil disturbances, terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments, or any other unforeseen circumstance or circumstance which we could not reasonably defend or mitigate against. Under no circumstance shall we be liable to you for any loss, consequential or otherwise, you may suffer as a result of us being unable to provide or deliver the website or any service or product where such failure is the result of force majeure.

18. Third party rights

Under these terms, any rights and responsibilities held by The 98% CIC may be transferred by us to a third party without your agreement. You are not permitted to transfer your own rights or responsibilities provided by these terms.

19. Entire agreement

Unless we have entered into a separate agreement with you, these terms, along with any other terms, conditions, policies or notices we may publish regarding your use of the website, including but not limited to, our Privacy Notice and any terms or conditions governing the purchase of any goods or services we offer you through the website, constitute the entire agreement between you and The 98% CIC regarding your use of the website and any services offered on or through it.

20. Changes to these terms

21. Jurisdiction

These terms shall be covered by the laws of England and Wales and the sole jurisdiction to resolve disputes arising from them shall be held by the courts of England.