Cause Terms and Conditions Updates

On the 31^stDecember 2021, we’re updating our Cause Terms and Conditions.

This summary is designed to help you understand some of the updates we’ve made to the Cause Terms. This is designed as a useful guide, but please find the new Terms below the summary in full.

SECTION D: PAYMENT OF DONATIONS

We’ve revised and reorganised some of the content in this section to make it easier to understand and provide explicit detail on what happens to donations when they cannot be distributed.

Sometimes we have occasions we are unable to pay Donations to the nominated Good Cause because, for example, they do not cash our cheque or provide up-to-date payment details (even after we remind them on at least four occasions over a 12 month period). We are changing clauses 20, 23, 24, 25 and 26 to clarify how we deal with a number of situations where we are unable to pay Donations to the nominated Good Cause.

We’ve also added a new clause, 21, to explain how we link donations and a supporter’s transactions to the funds received by the retailer when a purchase is made and what happens when the technology that links this process, fails.

Please see the new Cause Terms below (effective from 31^st December 2021):

Cause terms and conditions

We are Easyfundraising Limited, a company registered in England and Wales with a company number of 04764164 and a registered office at St Chad’s House, Suite 6, Cross Keys, Lichfield, WS13 6DN (hereafter ‘Easyfundraising’, ‘we’ or ‘us’). These are our ‘Good Cause Terms’ which govern the relationship between Easyfundraising and users registered on our website as good causes, such as charities, schools, sports clubs or community groups (hereafter, ‘Good Causes’).

SECTION A: OVERVIEW

1. How the Website works: We are a for profit, private limited company which operates a website at easyfundraising.org.uk (the ‘Website’). The Website is a donation platform enabling members of the public who are registered with the Website ( ‘Supporters’) to raise money for Good Causes in different ways as follows:

a) Shopping: Supporters are able to raise these monies as Easyfundraising has arrangements with certain retailers either directly or through affiliate networks (both retailers and affiliate networks being defined here as ‘Retailers’). Under these arrangements if Supporters do certain things (‘Actions’) Retailers pay monies to Easyfundraising as commission and Easyfundraising will then pay such agreed proportion of these monies to the nominated Good Causes (a ‘Donation’) subject to these Terms.

b) Donations: Supporters are able to make a direct ‘Donation’ to a good cause through a credit or debit card transaction. The sums donated by the Supporter are then passed directly to the cause. A Supporter will be required to provide easyfundraising with information regarding their credit or debit card ( “Payment Method”). There is a minimum donation of £1.00 but the Supporter is able to choose an amount they want to donate above that. In addition the Supporter can choose to process a ‘one-off’ donation or a monthly ‘recurring’ donation. (More information can be found in our Supporter Terms.) We use third-party payment processing partners to process donations through a debit or credit card. The third-party payment service provider will also process the payments to the Cause’s bank account (see Section: Donation Payments for more information).

c) Fundraising: Supporters can set up their own fundraising pages to support a Good Cause. They can then ask for Donations from friends and family and the sums raised are passed directly to the cause that the fundraiser is supporting. Supporters are able to fundraise through events or appeals that are set up by the Good Cause (‘Organised Events’), fundraise in memory of someone or do their own thing to fundraise. In the same way as Donations, we use a third-party payment services provider to process payments to the Good Cause.

2. This is a Binding Contract: By registering as a good cause, the Good Cause agrees to be bound by these Good Cause Terms which constitute a binding contract between the Good Cause and Easyfundraising. By agreeing to these Good Cause Terms, the Good Cause is also agreeing to be bound to the following terms:

2.1. the ‘ Website Terms‘ , which relate to what Good Causes, all other Supporters and visitors to the Website may and may not do in relation to the Website and its content;

2.2. our ‘ Privacy Policy‘ and ‘ Cookies Policy‘ which relate to the ways in which we collect and use information about the visitors to the Website, Supporters, and Good Causes;

2.3. any ‘End User Software Licence’ which relates to Good Causes’ use of Easyfundraising Materials as some of these have their own end user licences; and

2.4. any special terms which apply to competitions and promotions which Easyfundraising may offer from time to time ( ‘Promotion Terms’ ).

SECTION B: REGISTERING AS A GOOD CAUSE

3. Good Cause Administrator: In order to register as a Good Cause, a person duly authorised to act on behalf of the Good Cause (a ‘Good Cause Administrator’) must complete our registration form on behalf of the Good Cause and the Good Cause’s application must be accepted by us. It is acknowledged by Easyfundraising that Good Cause Administrators may be required to act on behalf of the Good Cause from time to time. By completing a registration form and by acting as a Good Cause Administrator, the Good Cause Administrator promises that he or she:

3.1. is aged 16 or over in order to make use of the Website. Where the Good Cause Administrator is under 18 years of age details of a parent or guardian are provided when requested;

3.2. resides permanently in the United Kingdom;

3.3. has provided Easyfundraising with information on the Good Cause that is true, accurate and up-to-date, including the legal name of the Good Cause, the Good Cause Administrator’s name and email address;

3.4. has the authorisation and authority to act on behalf of the Good Cause, is only seeking to become a Good Cause Administrator on its own account with respect to that Good Cause (being the Good Cause whose details are provided in the registration form) and is empowered to enter into this agreement with Easyfundraising on behalf of the Good Cause. Easyfundraising shall have no liability for any claims, losses or damage suffered by a Good Cause as a result of breach of this sub-paragraph.

4. Good Cause Administrators are also Supporters: Whilst a Good Cause Administrator will be able to use their account to administer their Good Cause’s fundraising activities, a Good Cause Administrator’s account can also be used in the same way as a Supporter’s Account. To the extent that a Good Cause Administrator uses its account as a Supporter, the  Supporter Terms shall apply and the Good Cause Administrator agrees to comply with the Supporter Terms.

5. Good Cause requirements: By accepting these Good Cause Terms, the Good Cause promises that it:

5.1. is based in the United Kingdom;

5.2. only has one account registered on Easyfundraising;

5.3. has not previously had an account with Easyfundraising terminated under paragraph 24 below;

5.4. has a UK bank account active in its own name for the purpose of receiving Donations. Where the Good Cause is registered with the Charities Commission, HMRC as a CASC, CIC or CIO then the bank account should be owned by the Good Cause/organisation. On occasion Easyfundraising may seek confirmation of the authenticity of the bank account details provided and the Good Cause Administrator agrees to provide information when prompted to do so;

5.5. has provided accurate details of the reason the Good Cause was established (the ‘Purpose’), the name of the Good Cause, the Good Cause’s geographical location and address and details of the Good Cause’s registration as a charity, company or other corporate body (as applicable);

5.6. has a Purpose which is ‘unselfish’, which does not violate any applicable law and/or which is not otherwise: obscene, fraudulent or misleading, offensive, hateful, discriminatory, inflammatory or a promoter of violence, gambling or sexually explicit material. The Website is a fundraising tool and is not intended to be used for private, personal or commercial gain. Easyfundraising reserves the right, at its absolute discretion, to decide whether it considers a Good Cause’s Purpose to be ‘unselfish’; and

5.7. shall comply with these Good Cause Terms and the  Website Terms (and the  Supporter Terms, if applicable).

5.8. agrees that Easyfundraising may establish a Stripe Connect Account on your behalf in order to process Donations as part of the Website registration process and warrants that the Good Cause Administrator is authorised to register for the Website as per section 3.4 above. In doing so the Good Cause agrees to be bound by Stripe Terms if applicable and accepts the Fees that apply to processing such donations (see Donation Payments section)

5.9. shall provide information and/or documentation when requested by Easyfundraising through the Website to maintain access to Donation capability and understands that Easyfundraising reserves the right to limit access to the Donation capability via the Good Cause page on the Website.

5.10. will only post text and/or images (“Content”) to the activity feed of the Easyfundraising mobile app that complies with the rules set out below (“Content Rules”):

Content Rules:

• Content must:

be accurate (where it states facts);
be genuinely held (where it states opinions); and
comply with the law applicable in England and Wales and in any country from which it is posted.

• Content must not:

include graphic medical or treatment-focussed material;
include frequent or intense contests;
include profanity or crude or offensive humour;
include horror or fear themed content;
provide unrestricted internet access (such as an embedded web browser);
be defamatory of any person;
be obscene, offensive, hateful or inflammatory;
bully, insult, intimidate or humiliate;
promote or include sexually explicit material or nudity;
include adult or suggestive material;
include child sexual abuse material;
promote or include gambling (whether real or simulated);
promote or depict violence (whether real, realistic, simulated, cartoon or fantasy);
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal content or activity;
be in contempt of court;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
impersonate any person or misrepresent the Good Cause’s identity or affiliation with any person;
give the impression that the Content emanates from Easyfundraising;
advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
contain a statement which the Good Cause knows or believes, or has reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
contain any advertising or promote any services or web links to other sites.

Breach of Content Rules:

When Easyfundraising considers that a breach of the Content Rules has occurred, it may take such action as is deems appropriate, including (but not limited to) removal of the relevant Content.
Failure to comply with the Content Rules constitutes a material breach of these Good Cause Terms, and may result in Easyfundraising taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of the Good Cause’s right to use the Mobile App and/or the Website.
Immediate, temporary or permanent removal of any Content uploaded by the Good Cause via the Mobile App.
Issue of a warning to the Good Cause.
Legal proceedings against the Good Cause for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against the Good Cause.
Disclosure of such information to law enforcement authorities as Easyfundraising reasonably feels is necessary or as required by law.

Easyfundraising excludes its liability for all action it may take in response to breaches of the Content Rules. The actions Easyfundraising may take are not limited to those described above, and it may take any other action it reasonably deems appropriate.

6. Changes to the Good Cause and protecting the Good Cause account:

6.1. It is the Good Cause’s responsibility to inform us of any changes to its information (including if the Good Cause Administrator changes). You can do this using the “My Account” section of the Website.

6.2. It is the Good Cause’s responsibility to keep its log-in account details secure. Any such details must be treated as confidential and not disclosed to any third party. We have the right to disable any account at any time if in our reasonable opinion a Good Cause has failed to comply with this paragraph. If a Good Cause knows or suspects that any third party knows its user ID or password then it must change it immediately or promptly notify us by sending an email to  us@easyfundraising.org.uk . We will have no liability to a Good Cause for any claims, losses or damage caused to a Good Cause as a result of a Good Cause’s breach of this paragraph 6.

7. Investigation: Although Easyfundraising shall use its reasonable endeavours to ensure that the Good Cause complies with its obligations under this Section B, Easyfundraising has no duty or responsibility to investigate or ascertain whether the Good Cause complies with such requirements. Easyfundraising shall have the right to request any such documentation as it deems relevant to confirm the status of the Good Cause (including that of the Good Cause Administrator) or to confirm the compliance by the Good Cause with these Good Cause Terms. If the Good Cause or Good Cause Administrator does not provide such information Easyfundraising may, if the Good Cause already has an account, suspend access to such account until such information is provided or, alternatively, terminate the account and, if the Good Cause does not have an account, refuse the registration application as a result.

8. Acceptance by Easyfundraising as a Good Cause: Easyfundraising is under no obligation to accept any application to become a Good Cause. Please note that Easyfundraising may reject a Good Cause’s application at its absolute discretion. Easyfundraising is under no obligation to disclose the basis upon which any decision to refuse registration of a Good Cause was made. If the Good Cause’s application for registration is accepted we shall send the Good Cause Administrator an email to confirm registration (containing a link to these Good Cause Terms).

SECTION C: GOOD CAUSES’ USE OF THE WEBSITE

9. Access and use of the Website: Subject to these Good Cause Terms, Easyfundraising shall use its reasonable skill and care in making the Website and its features available to Good Causes and Supporters. Full details of the Donations to Good Causes which may be triggered as a result of Supporters’ Actions are available on the Website. A Good Cause’s continued use of the Website is subject to compliance with the  Website Terms.

10. Easyfundraising Materials: Easyfundraising provides a range of additional tools, documents and software for Good Causes to use under the licence described in the  Website Terms, many of these are contained in the ‘Raise More’ section of the Website (the “Easyfundraising Materials”). Your continued use of the Easyfundraising Materials is subject to your compliance with any End User Software Licences governing their use, or, where there is not a specific End User Software Licence, with the licence in section 6 of the Website Terms.

11. Activation of Good Causes’ use of the Website: Supporters may begin raising Donations for the Good Cause 24 hours after receipt of the notification that the Good Cause has been accepted by Easyfundraising. Full details of the Donations to Good Causes which may be triggered as a result of Supporters’ Actions are available on the Website. Once the Good Cause is registered Supporters may raise Donations for Good Causes in a number of ways which are further described in the  Supporter Terms.

12. Donations using Easysearch: Good Causes may also receive Donations in respect of the use of Easyfundraising’s  ‘Easysearch’ feature . Good Causes should note that visitors to Easysearch do not need to be Supporters for Donations to accrue to the Good Cause. Visitors to Easysearch need only select the Good Cause before they undertake a search. Use of Easysearch is subject to the  Easysearch Terms.

13. Use of cookies and other technologies: Please note that in order to facilitate the making of Donations (and the operation of the Website more generally) Easyfundraising uses cookies (and other technologies). The way in which cookies (and the other technologies) collect information from Supporters, visitors and Good Causes is described in the  Privacy Policy and  Cookies Policy which should be read as being incorporated into these Good Cause Terms and forming part of these Good Cause Terms under paragraph 2.2. Please note we are not liable for any failure of any cookies (and other technologies) to record Supporters’ transactions and thus generate Donations for Good Causes.

14. Retailers: We use our reasonable endeavours to ensure that all of the Retailers providing offers to Supporters are reputable, Easyfundraising does not want to work with any Retailer which Easyfundraising feels does not meet such criteria and so we would remove them from the Website. However, Easyfundraising gives no warranty or undertaking as to the veracity of Retailers or the activities and conduct of Retailers. Easyfundraising is not responsible if the Retailer does not report Supporters’ Actions to us, or if the Retailer does not pay the Donations payable as a result of Supporters’ Actions.

SECTION D: PAYMENT OF DONATIONS

15. Payment of Donations: We split the year into four quarters and at the end of each quarter we add up the total amount of Donations which each Good Cause is eligible to receive. Subject to clauses 16 to 25 (inclusive), if a Good Cause has raised more than £15 in Donations within the quarter, we shall make a payment to the Good Cause within 90 days after the end of the quarter provided, we have received any corresponding payments from any relevant third party. If a Good Cause has raised less than £15 in Donations, we shall carry this balance forward to the next quarter until the Good Cause has raised £15 in Donations. Each Good Cause can elect to be paid by BACS or Cheque. The Good Cause shall ensure that all its payment details are accurate prior to any payments being made by Easyfundraising. Easyfundraising accepts no liability in respect of payments made incorrectly where the Good Cause provides incorrect BACS details or other incorrect payment information.

16. Commission payments: Monies raised from actions, such as Donations, are held by the Retailer and then paid to Easyfundraising as commission. Easyfundraising shall have no obligation to pay any proportion of the commission to a Supporter and, once paid to Easyfundraising, the Commission shall be retained by Easyfundraising to distribute the agreed proportion to Good Causes in accordance with these Terms.

17. Quarters: The quarters are as follows:

17.1. Q1 is from 1 January – 31 March (paid at the end of June)

17.2. Q2 is from 1 April – 30 June (paid at the end of September)

17.3. Q3 is from 1 July – 30 September (paid at the end of December)

17.4. Q4 is from 1 October – 31 December (paid at the end of March)

Easyfundraising will endeavour to make payments within the timescales listed above but may delay payments where it considers unusual activity to have taken place within a Good Cause’s account or if it requires additional information from the Good Cause in order to ensure that payments are made correctly.

18. Deductions from Donations: We reserve the right to make deductions or withhold payments in respect of any Donations which are payable by Easyfundraising to a Good Cause in any circumstances where:

18.1. a Supporter has not completed an Action;

18.2. the Action giving rise to the Donation is subsequently cancelled or charged back to the Retailer;

18.3. a Retailer does not pay the Donation to Easyfundraising. We shall use our reasonable endeavours to recover Donations from Retailers but we do not warrant that we are always able to recover all Donations. If the Donation is paid at a later date, then we shall only endeavour to pay on the relevant Donation to the Good Cause if it remains registered on the Website;

18.4. a Retailer becomes insolvent or ceases to continue to trade; or

18.5. Easyfundraising reasonably believes that such Donation has been accrued as the result of any breach of these Good Cause Terms, and in particular any act of fraud.

19. Payment of Donations through the Stripe Connect Account:

19.1. If a Good Cause registers for Donations on the Website, Easyfundraising establishes a Stripe Connect Account on behalf of the Good Cause to enable the collection of donations through debit or credit cards as described above.

19.2. In order to offer this facility, the Good Cause accepts that certain fees will apply:

19.3 ‘Website’ fees: the type of Good Cause registering for the Website determines the application fees that will apply to each donation transaction completed through the Website:

19.3.1. Formal Good Causes: where the Good Cause is registered with the Charities Commission and/or HMRC as a CASC, CIC or CIO then a 0% ‘Application’ Fee applies.

19.3.2. Informal and/or Individual Good Causes: where the Good Cause is not registered with the Charities Commission and/or HMRC as a CASC, CIC or CIO then a 0% ‘Application’ fee applies to Donations made to your Good Cause.

19.4. ‘Processor’ fees: the third-party payment provider, Stripe, will deduct a processing fee from the amounts donated to your Good Cause. The fee is 1.4% + 20p per card transaction managed through the Donation process. The processor fee applies to all Donations processed regardless of the type of Good Causes registered with the Website.

19.5. Payment Frequency: Debit or credit card Donations made through the Website will be paid into your Good Cause bank account within 7 days of the transaction taking place so long as the Good Cause has provided all information required to enable Donations as set out in section 5.9 above.

20. Uncashed Cheques: Easyfundraising shall use its reasonable endeavours to contact Good Causes (using the information provided by such Good Cause) to prompt Good Causes to cash cheques which have been sent to Good Causes by Easyfundraising but have not been presented for payment. If, despite such endeavours, a cheque that has been sent by Easyfundraising to a Good Cause has not been cashed within twelve months of the cheque being sent to such Good Cause, then Easyfundraising may cancel the Donation and cheque, and re-appropriate the relevant funds. In this clause 20, “re-appropriate” has the meaning set out in clause 25. Easyfundraising may (if subsequently contacted by the Good Cause) agree to issue a replacement cheque as a gesture of goodwill but shall be under no obligation to do so.

21. Orphan Donations: As set out in clause 13, Easyfundraising is reliant on cookies and other technologies to identify Donations by linking Supporters’ transactions to the funds received from Retailers. Occasionally, such technologies fail to create the necessary links and Easyfundraising has no way of identifying the relevant Supporter or Good Cause in relation to a sum received from a Retailer. When a Supporter’s transaction has been successfully matched, the Donation to the Supporter’s nominated Good Cause will appear in the Supporter’s account on the Website, and it is the Supporter’s responsibility to check this. If the Supporter believes a Donation to be missing, the Supporter must make a missing Donation claim via the process on the Website. If a Supporter does not raise a successful missing donation claim within 45 days of making a transaction, the transaction shall be deemed not to have generated a Donation. In such event, any sum generated by such transaction and received by Easyfundraising shall be deemed not to be a donation and Easyfundraising may re-appropriate the relevant funds. In this clause 21, “re-appropriate” has the meaning set out in clause 25.

22. Distribution of Donations: Easyfundraising will endeavour to distribute Donations to causes via the Payment Method opted for by the relevant Good Cause Administrator. Should circumstances arise where funds have not or cannot be distributed for any reason, Easyfundraising will contact the cause no less than 4 times over a 12-month period:

23. Invalid Payment Details: Where invalid payment details or no payment details have been supplied by a Good Cause, and no acceptable payment details are provided by the Good Cause within 18 months of Easyfundraising first requesting such details (despite Easyfundraising contacting the Good Cause over that period, as detailed above), Easyfundraising may cancel the Donations and re-appropriate the relevant funds. In this clause 23, “re-appropriate” has the meaning set out in clause 25.

24. Inactivity: In the event that a Good Cause has raised less than £15 in total Donations (being the minimum amount for payment) and a period of at least 18 months has passed during which there is no activity on the relevant Good Cause’s account, Easyfundraising may cancel the Donations and re-appropriate the relevant funds. In this clause 24, “re-appropriate” has the meaning set out in clause25.

25. Interpretation: For the purposes of this Section D, the right to ”re-appropriate funds” shall mean the right for Easyfundraising to use or apply the relevant monies as Easyfundraising determines in its sole discretion including, without limitation, making donations to other Good Causes, funding prizes, enhancing other Donations, undertaking marketing or promotional activities, or for its internal business purposes (including retaining the funds).

26. Effect of Termination or Suspension: The Good Cause shall remain entitled to receive Donations received by Easyfundraising accruing from the Donations received, including those corresponding payments received from any third party, up to the date of termination or the date of suspension under paragraph 23. In the event of suspension which results in the reinstatement of the service the Good Cause shall be entitled to receive Donations received by Easyfundraising accruing from the Donations from the date on which the Good Cause’s account was reinstated. In the event of a termination, all licences for the Good Cause to use the Easyfundraising Materials shall come to an end and the Good Cause shall (and shall procure that its Supporters shall) destroy or delete any Easyfundraising Materials. In the event of a termination or account closure request, if (i) a Good Cause has not reached the £15 threshold in respect of the total donations at the point the Good Cause’s account is terminated; or (ii) if any Donations or corresponding payments are received after the date on which the account is terminated, then Easyfundraising may re-appropriate the relevant funds. The termination or suspension of these Cause Terms and Conditions shall not affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such expiry or termination.

27. VAT: For the avoidance of doubt, no VAT is payable on Donations, nor are Donations payable by Retailers in respect of VAT which they have been paid.

SECTION E: PUBLICITY

27. The Good Cause grants Easyfundraising a royalty-free licence to use any of the Good Cause’s trade marks (whether registered or unregistered) or Content which the Good Cause has uploaded to the Website, throughout the world, for the sole purpose of issuing publicity in respect of Easyfundraising’s provision of services to the Good Cause and to promote the Website and Easyfundraising. Easyfundraising shall immediately withdraw any such publicity upon written notice of the Good Cause.

SECTION F: CLOSING GOOD CAUSE’S ACCOUNTS, TERMINATION OR SUSPENSION OF GOOD CAUSE’S ACCOUNT

28. Closing a Good Cause account: Good Causes may close their account with Easyfundraising at any time by emailing Easyfundraising at  us@easyfundraising.org.uk. We use our reasonable endeavours to close the Good Cause’s account within two weeks of receipt of the Good Cause’s email.

29. Suspension of Good Cause account: Easyfundraising may, at our sole discretion, without liability, or prejudice to our other rights, suspend the Good Cause’s use of the Website (in whole or in part) if: (a)in Easyfundraising’s reasonable opinion, the Good Cause has breached (or Easyfundraising suspects the Good Cause may have breached) the provisions of these Good Cause Terms, in particular in relation to the obligations set out in paragraph 5.6; (b) a Good Cause’s Account has been inactive for more than 6 months; or (c) Easyfundraising is carrying out maintenance of the Website. Suspension is not a waiver of any right of termination which Easyfundraising may have under these Good Cause Terms.

30. Terminating Good Causes’ accounts: Easyfundraising may terminate Good Causes’ accounts without liability:

30.1. immediately upon providing written notice if, in Easyfundraising’s reasonable opinion, the Good Cause has breached (or Easyfundraising suspects the Good Cause may have breached) the provisions of these Good Cause Terms;

30.2. immediately upon providing written notice if the Good Cause’s account has been inactive for more than 12 months (in which case the Good Cause shall lose any information or Content within the account); or

30.3. upon providing one week’s written notice, at Easyfundraising’s absolute discretion.

31. Suspicious Transactions: Easyfundraising reserves the right, at its absolute discretion and at any time, to suspend or withhold payment of Donations to Good Causes in respect of a single or multiple transaction if Easyfundraising suspects (or has actual knowledge) that there has been a breach of these Good Cause Terms and specifically if it believes or suspects that fraudulent activity has taken place in relation to any transaction by a Good Cause, Supporter or Retailer.

SECTION G: LIMITATIONS AND EXCLUSIONS OF LIABILTY

32. Restriction on Limitations and Exclusions: Notwithstanding the other provisions in these Good Cause Terms, none of the exclusions or limitations in these Good Cause Terms shall exclude or restrict our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation or for any other liability that Easyfundraising cannot exclude or limit under any applicable law.

33. Exclusions of Liability: Easyfundraising excludes its liability to the Good Cause (and Good Cause Administrator) for any amount or kind of loss or damage including any direct, indirect, or consequential loss or damages (whether in tort, contract, or otherwise) including any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and that may result to Good Causes or a third party arising out of or in connection with:

33.1. Good Causes’ use of the Website and any content on the Website (including actions or omissions of the Good Cause Administrator);

33.2. viruses that may infect Good Causes’ computer equipment, software, data, or other property on account of Good Causes’ (including the Good Cause Administrator’s) access to, use of, or browsing the Website or Good Causes (including the Good Cause Administrator’s) downloading of any material or tools from the Website;

33.3. any error or omission (whether human or manmade) in the provision of the Website or in the operation of the Website (including any typographical or programming mistakes or errors);

33.4. Good Causes use of Easyfundraising Materials which may be downloaded from the Website. Easyfundraising is merely providing these Easyfundraising Materials and, once downloaded, Good Causes are responsible for their use and compliance with the provisions of the Website Terms;

33.5. breach of paragraph 6.2; and

33.6. any other loss or damage which these Good Cause Terms (or the Website Terms) otherwise state that, in respect of which, Easyfundraising has excluded or limited its liability for.

34. Limitation of Liability: Easyfundraising’s total aggregate liability to each Good Cause (and each Good Cause Administrator) is limited to the greater of: (a) the total amount of Donations Easyfundraising has paid to that Good Cause on behalf of its Supporters in the 12 months prior to the action giving rise to liability; and (b) £50.

35. Force Majeure: Easyfundraising shall not be responsible for any breach of these Good Cause Terms caused by circumstances beyond its reasonable control.

36. No Implied Terms: Easyfundraising excludes, to the fullest extent permitted by law, any conditions, warranties, terms and undertakings which would otherwise be implied into any contract (whether by statute or otherwise) relating to the Website.

37. No Warranties: Good Causes acknowledge that, whilst Easyfundraising will try to ensure that the information on the Website is relevant, accurate, complete and up to date, Easyfundraising gives no other warranties of any kind in relation to the accuracy, completeness, currency or reliability of any of the materials or listings on the Website, no endorsement of quality or of the products or services provided by Retailers or the financial stability of Retailers, or as to the performance of the Website. In particular, Easyfundraising gives no warranty as to how much money Good Causes will raise using the Website.

SECTION H: GENERAL

38. General: (a) No contact with Retailers: Good Causes (including the Good Cause Administrator) may not communicate directly or indirectly with any Retailer (or intermediary of Retailers) concerning the content or nature of any agreement or arrangement between Easyfundraising and such a Retailer. Any attempt to do so will be a breach of these Good Cause Terms; (b)  Changes to these Good Cause Terms: We may update these Good Cause Terms from time to time for legal or regulatory reasons or to allow the proper operation of the Website. Any changes will be notified via a suitable announcement on the Website. The changes will apply to the use of the Website after we have given notice. If a Good Cause does not wish to accept the new Good Cause Terms it should not continue to use the Website and should close its account under paragraph 22. If the Good Cause does not close its account after the date on which the change comes into effect, the use of the Website shall be deemed to indicate the Good Cause’s agreement to be bound by the updated Good Cause Terms; (c)  Dealing in rights and obligations: Good Causes may not transfer any of their rights or obligations under these Good Cause Terms to any other person. Easyfundraising reserves the right to transfer or assign its rights and obligations, in whole or in part, to any person (without Good Causes’ consent); (d)  No Waiver: If Easyfundraising decides not to exercise or enforce any right that it has against a Good Cause at a particular time, this does not prevent Easyfundraising from later deciding to exercise or enforce that right; (e)  Third Party Rights: For the purposes of the Contracts (Rights of Third Parties) Act 1999 these Good Cause Terms are not intended to, and do not, give any person who is not a party to them any right to enforce any of its provisions except for any subsidiary, holding company or other group company of Easyfundraising; (f)  Severability: If any part of these Good Cause Terms is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of these Good Cause Terms and shall not affect the validity and enforceability of the remaining provisions of these Good Cause Terms. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with applicable law to reflect, as closely as possible, our original intent; (g)  Interpretation: references to “including” or “includes” shall be deemed to have the words ‘without limitation’ inserted after them; and (h)  Entire Agreement:  These Good Cause Terms (and such documents referred to herein as forming part of these Good Cause Terms including the Website Terms, Privacy Policy, Cookies Policy and any End User Licence) shall apply between us in respect of the matters described herein to the exclusion of all other terms (including any terms and conditions that Good Causes purport to apply). A Good Cause shall not be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in these Good Cause Terms.

39. Governing Law and Jurisdiction: These Good Cause Terms and any dispute arising out of or in connection with these Good Cause Terms and the Good Cause’s use of the Website shall be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If a Good Cause is not happy with the way we deal with any disagreement and wants to commence court proceedings, the Good Cause must do so in the courts of England and Wales.