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 Harmony House, 34 High Street, Aldridge, Walsall, West Midlands, WS9 8LZ (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. 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 which are held by Easyfundraising as the Supporters’ agent before being paid to Good Causes (a ‘Donation’). Easyfundraising retains part of the monies paid to it by Retailers before passing on 100% of the advertised Donation to a Supporter’s Good Cause. The amount paid to a Supporter’s Good Cause is always equal or more than the gross sum retained by Easyfundraising. Supporters may request that such Donations are paid to themselves as ‘cash back’ instead of Good Causes (in accordance with paragraph 9 of the Supporter Terms). Supporters may also be able to make a Gift Aid Declaration in respect of Donations.
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 relate 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;
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 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 bank account active in its own name for the purpose of receiving Donations;
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).
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 making Donations to 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. If a Good Cause has raised more than £15 in Donations within the quarter, we shall make a payment to the Good Cause within 60 days after the end of the quarter. 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. Quarters: The quarters are as follows:
16.1 Q1 is from 1 January – 31 March (paid at the end of May)
16.2 Q2 is from 1 April – 30 June (paid at the end of August)
16.3 Q3 is from 1 July – 30 September (paid at the end of November)
16.4 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.
17. 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:
17.1 a Supporter has not completed an Action;
17.2 the Action giving rise to the Donation is subsequently cancelled or charged back to the Retailer;
17.3 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 pay on the relevant Donation to the Good Cause providing it remains registered on the Website;
17.4 a Retailer becomes insolvent or ceases to continue to trade; or
17.5 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.
18. Gift Aid: If a Good Cause’s Supporter has made a Gift Aid declaration we shall provide the Good Cause with information at the end of each quarter as to how the Good Cause may claim Gift Aid from HM Revenue & Customers.
19. Uncashed Cheques: Easyfundraising shall use its reasonable endeavours to contact Good Causes (using the information provided by the Good Cause) to prompt Good Causes to cash cheques which have been sent to Good Causes by Easyfundraising. If a cheque has been sent by Easyfundraising to a Good Cause and the cheque has not been cashed within twelve months of the cheque being sent to the Good Cause then Easyfundraising may cancel the cheque and such monies shall be paid to other Good Causes (at Easyfundraising’s discretion).
20. 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
21. 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
22. 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.
23. 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.
24. Terminating Good Causes’ accounts: Easyfundraising may terminate Good Causes’ accounts without liability:
24.1 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;
24.2 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
24.3 upon providing one week’s written notice, at Easyfundraising’s absolute discretion.
25. Effect of Termination or Suspension: The Good Cause shall remain entitled to receive Donations received by Easyfundraising accruing from the Donations received 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. If a Good Cause has not reached the £15 threshold for donations at the point the Good Cause’s account is terminated, Easyfundraising shall allocate such monies as have been raised to other Good Causes (at Easyfundraising’s discretion). The termination or suspension of these Good Cause Terms 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.
26. 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
27. 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.
28. 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:
28.1 Good Causes’ use of the Website and any content on the Website (including actions or omissions of the Good Cause Administrator);
28.2 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;
28.3 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);
28.4 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;
28.5 breach of paragraph 6.2; and
28.6 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
29. 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.
30. Force Majeure: Easyfundraising shall not be responsible for any breach of these Good Cause Terms caused by circumstances beyond its reasonable control.
31. 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.
32. 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
33. 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 continues to use the Website 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.
34. 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.
If Good Causes have any questions in respect of these Good Cause Terms, the Good Cause Administrator should contact us@easyfundraising.org.uk
Supporter 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 Harmony House, 34 High Street, Aldridge, Walsall, West Midlands, WS9 8LZ (hereafter ‘Easyfundraising, ‘we’ or ‘us’). These are our ‘ Supporter Terms ‘ which govern the relationship between Easyfundraising and the registered users of our website (hereafter ‘Supporters ‘ or ‘ you ‘) whose use of our website raises money for Good Causes (as defined below).
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 Supporters to raise money for charities, schools, sports clubs, community groups and other good causes (‘Good Causes’). 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 you do certain things (‘Actions ‘) Retailers pay monies to Easyfundraising which are held by Easyfundraising as your agent before being paid to your Good Cause (a ‘Donation’). Easyfundraising retains part of the monies paid to it by Retailers before passing on 100% of the advertised Donation to your Good Cause. The amount paid to your Good Cause is always equal or more than the gross sum retained by Easyfundraising. You may, of course, change your mind and decide that any monies held on your behalf are paid to you as ‘cash back’ (if so please do let us know in accordance with paragraph 9 below). You may also be able to make a Gift Aid Declaration in respect of Donations.
2. This is a Binding Contract: By registering as a Supporter you agree to be bound by these Supporter Terms which constitute a binding contract between you and Easyfundraising. By agreeing to these Supporter Terms, you are also agreeing to be bound to the following terms:
2.1 the Website Terms, which relate to your use of 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 you;
2.3 any End User Software Licence which relate to your 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 SUPPORTER
3. Registration Form: In order to register as a Supporter you must complete and submit our registration form indicating your agreement to these Supporter Terms through ticking the box on the registration page. By doing so you promise that:
3.1 you are aged 16 years or older;
3.2 you reside permanently in the United Kingdom;
3.3 all the information you provide to Easyfundraising (including your name and email address) is accurate and up-to-date;
3.4 you have only registered one account as a Supporter with the Website;
3.5 you are only seeking to become a Supporter on your own account, and for one person (being the person whose details are provided in your registration form);
3.6 you have not previously had an account with Easyfundraising terminated under paragraph 26 below; and
3.7 you shall comply with all of the terms of these Supporter Terms and the Website Terms.
4. Confirmation Email: Once your registration is complete we shall send you an email to confirm your registration.
5. Changes to your details and Keeping your details safe:
5.1 It is your responsibility to inform us of any changes to the information which you have provided us with. You can do this using the “My Account” section of the Website.
5.2 It is your responsibility to keep your log-in account details secure. Your password 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 you have failed to comply with this paragraph. If you know or suspect that anyone other than you knows your password then you must change it immediately or promptly send an email to us@easyfundraising.org.uk. We will have no liability to you for any claims, losses or damage caused to you as a result of your breach of this paragraph 5.
SECTION C: SUPPORTER’S USE OF THE WEBSITE
6. Access and use of the Website: Subject to these Supporter Terms, Easyfundraising shall use its reasonable skill and care in making the Website and its features available to you and Good Causes. Full details of the Donations to Good Causes which may be triggered as a result of your Actions are available on the Website. Your continued use of the Website is subject to your compliance with the Website Terms.
7. Easyfundraising Materials: Easyfundraising provides a range of additional tools, documents and software you may download and use (the “Easyfundraising Materials”). Many of these are located and may be accessed from the ‘ Raise More’ section of the Website. 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.
8. Making Donations to Good Causes: Once you are registered as a Supporter you may raise Donations for Good Causes in a number of ways, including:
8.1 on the Website, each Retailer has a dedicated page which describes the deals offered by that Retailer and the Actions the Supporter may undertake in order to raise a Donation for their Good Cause;
8.2 on the Website, specific deals offered by Retailers are identified and you can click through to perform the Actions which may be undertaken to raise a Donation for your Good Cause;
8.3 downloading and installing Easyfundraising’s Donation Reminder toolbar on your browser (which is subject to the Donation Reminder Toolbar’s End User Software Licence). Once installed the Donation Reminder Toolbar operates on your browser and provides reminders and prompts you of Actions which you may undertake in order to raise a Donation for Good Causes in respect of specific Retailers. Please note that the proposed Actions displayed on the Donation Reminder Toolbar may not always be applicable to the purchase being made from that Retailer. For the full description of the deals available from any particular Retailer you should refer to the Retailer’s page on the Website;
8.4 Through the “Tell a Friend”, “Tell a Good Cause” or “Reward Card Linking Scheme” schemes described in paragraphs 16 to 19 below; or
8.5 Easyfundraising is constantly creating new and innovative ways for Good Causes (and Supporters) to increase the number of Supporters for their Good Cause. Many of these are available in the Raise More section of the Website. We may provide additional guidance on the Website as to how these different schemes and tools work. Some may be subject to special Promotion Terms, but all are subject to these Supporter Terms and the spirit and intention of the Website.
9. Receiving cash back instead of making a Donation: Monies raised from actions are held by the Retailer and then by Easyfundraising as your agent. These monies remain yours up until the point when they become payable to Good Causes at the end of each Quarter (being 31 March, 30 June, 30 September and 31 December). If, instead of these monies being paid to Good Causes, you wish to receive the monies for that Quarter as ‘cash back’ please email us at support@easyfundraising.org.uk with the subject “CASH BACK” and we shall make arrangements for such monies (not yet payable to Good Causes as Donations) to be paid to you – such emails must be received by us before the end of the relevant quarter. Any monies which have already been paid to a Good Cause cannot be paid to you. Please note that if regular requests are made by you to receive cash back we reserve the right to subject payments to a minimum payment of £15.
10. Printable and Online Vouchers: On the Website, some Retailers provide online and printable vouchers containing offers which you may use. Such vouchers are unrelated to making Donations to Good Causes. You acknowledge that such vouchers are subject to any terms and conditions imposed by the Retailer. Easyfundraising is not responsible for the validity of the voucher, for any loss of Donations, or loss of any other benefit which might otherwise have been gained had a voucher not been used.
11. Relationship between you and Retailers: You acknowledge that if you decide to buy goods or services from Retailers that this is a private agreement between you and the Retailer. Any issue, defect or fault with goods or services you buy from a Retailer is the sole responsibility of the Retailer from whom you bought the goods or services. Easyfundraising shall have no responsibility or liability of any sort in respect of goods or services. Easyfundraising gives no warranty as to performance by Retailers. Retailers may increase or decrease the Donations made in respect of specific Actions, from time to time.
12. Use of cookies and other technologies: In order to facilitate the making of Donations under paragraph 8 above (and the operation of the Website more generally) Easyfundraising uses cookies (and other technologies). The ways in which cookies (and other technologies) collect information from you is described in the Privacy Policy and in the Cookies Policy which should be read as being incorporated into these Supporter Terms and forming part of these Supporter Terms under paragraph 2.2. Please note we are not liable for any failure of any cookies (and other technologies) to record your transactions and thus generate Donations for your Good Cause.
13. Effectiveness of Easyfundraising’s cookies: Our cookies (and other technologies) allow your Actions to be recorded and reported by Retailers to us. However, such cookies may not be effective if, for example, you have not gone directly from the Website to the Retailer’s site to complete an Action, if you are using other similar platforms as Easyfundraising which also place cookies, or if you have a toolbar or similar technology from other similar providers of cash back services. This may be for a number of reasons, for example, another cookie may have overridden Easyfundraising’s cookies, or the Retailer may have a specific policy when several cookies relating to similar services are placed on your device. Easyfundraising is not responsible for Retailers’ policies, if a Retailer does not report your Action, or if a Retailer does not pay the Donation which you believe is payable.
14. Good Causes: As part of the process of registering on the Website, you shall be asked to select a Good Cause to which Donations you raise through Actions shall be paid. You may change from one Good Cause to another using the “My Account” section of the Website. Easyfundraising subjects all Good Causes to a checking process in an attempt to ensure that only bona fide causes are registered as Good Causes on the Website. You acknowledge that whilst Good Causes are subject to the Good Cause Terms and checks, Easyfundraising gives no warranty as to the veracity of Good Causes, the activities Good Causes undertake, or how Good Causes spend any Donations. Please note that the payment of Donations to Good Causes is subject to the terms in Section D of the Good Cause Terms.
15. Retailers: We use our reasonable endeavours to ensure that all of the Retailers providing offers to Supporters are reputable. Easyfundraising would not work with any Retailer which Easyfundraising felt to be in bad taste and if anything contentious came to light about any of our Retailers, 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 also not responsible if a Retailer does not report your Action to us or if the Retailer does not pay the Donation payable as a result of your Action.
16. “Tell a Friend” scheme: Your Good Cause may be entitled to receive a £1.00 Donation (each a “Supporter Bounty”) for each new Supporter you introduce to Easyfundraising. However:
o for your Good Cause to be eligible to receive the Supporter Bounty: (i) you must share a link generated in the “Tell a Friend” section of the Website Referrals on Facebook, via Twitter or by Email; (ii) your friends must click through the link provided by you and create an account on the Website; and (iii) your friend must then generate a confirmed Donation from Retailers using their new account on the Website within 12 months of registering, this excludes any Donations from Easysearch, free donations and any other Supporter Bounties;
o Good Cause Administrators are not eligible to receive Supporter Bounties; and
o Easyfundraising may withhold, cancel or recover the payment of the Supporter Bounty for any reason, at its absolute discretion, including if; (i) any transaction which led to the award of the Supporter Bounty is subsequently cancelled or otherwise set aside; or (ii) if we suspect any fraudulent activity, including the registration of multiple accounts by the same Supporter.
17. “Tell a Friend” scheme – Good Cause Administrators: For a limited time only, your Good Cause may be entitled to receive a £0.50p Donation (each a “Supporter Bounty”) for each new Supporter you introduce to Easyfundraising. However:
o for your Good Cause to be eligible to receive the Supporter Bounty: (i) you must share a link generated in the “Tell a Friend” section of the Website Referrals on Facebook, via Twitter or by Email; (ii) your friends must click through the link provided by you and create an account between Thursday 8th December 2016 and midnight Thursday 15th December 2016 on the Website; and (iii) your friend must then generate a confirmed Donation from Retailers using their new account on the Website before midnight 31st December 2016, this excludes any Donations from Easysearch, free donations and any other Supporter Bounties;
o this promotion is only available to Good Cause Administrators; and
o Easyfundraising may withhold, cancel or recover the payment of the Supporter Bounty for any reason, at its absolute discretion, including if; (i) any transaction which led to the award of the Supporter Bounty is subsequently cancelled or otherwise set aside; or (ii) if we suspect any fraudulent activity, including the registration of multiple accounts by the same Supporter.
18. “Tell a Good Cause” scheme: Your Good Cause may be entitled to receive a Donation equivalent to 20% of the amount each new Good Cause you introduce raises in the twelve months following its registration of an account (each a “Good Cause Bounty”) from you for each new Supporter you introduce to Easyfundraising. However:
o for your Good Cause to be eligible to receive the Good Cause Bounty: (i) you must share a link generated in the “Tell a Good Cause” section of the Website Referrals on Facebook, via Twitter or by Email; (ii) a Good Cause must click through the link provided by you; and (iii) then a Good Cause must have received Donations during the 12 months after its registration; and
o Easyfundraising may withhold, cancel or recover the payment of the Good Cause Bounty for any reason, at its absolute discretion, including if; (i) any transactions which led to the award of the Good Cause Bounty are subsequently cancelled or otherwise set aside; or (ii) if we suspect any fraudulent activity, including the registration of multiple accounts by the same Supporter.
19. “Reward Card Linking scheme”: You may also be able to raise monies for your Good Cause through our partner ‘Reward’ (the trading name of Sports Loyalty Card Limited a company registered in England whose registered number is 4158111 and whose registered office is at Lion House, Red Lion Street, London, W1D 4NS). Reward is a trusted partner of Easyfundraising and is a Tier 1 PCI DSS compliant organisation, which is the highest standard available in relation to data security. Reward offer a service which allows you to raise monies for Good Causes using your debit or credit card. First, you must register your card with Reward, through the portal on the Website https://www.easyfundraising.org.uk/account/card-settings/. Second, you must visit the store of a retailer which is participating in the Reward Card Linking Scheme (each a ‘Reward Retailer’), details of Reward Retailers and the offers available with Reward Retailers (‘Reward Offers’) are described here on the Website https://www.easyfundraising.org.uk/raisemore/in-store-donations/. Third, you must make an in-store purchase with a Reward Retailer. Provided the terms of the Reward Offer has been met, Reward shall arrange for monies described in the Reward Offer to be paid to your Good Cause through Easyfundraising. The Reward Card Linking Scheme is operated by Reward and is subject to Reward’s terms and conditions and Reward’s privacy policy. Easyfundraising is not liable and has no responsibility in respect of the non-payment by Reward of any monies under a Reward Offer or in respect of any transaction, goods or services between Reward, Reward Retailers or you. Should you have any queries or complaints in relation to the Reward Card Linking Scheme please email: support@rewardinsight.com.
20. “Ctrlio Mobile Deals Tool”: You may also be able to raise monies for your Good Cause through our partner Ctrlio (the trading name of Greydog Ventures Limited a company registered in England whose registered number is 7915868 and whose offices are at 20 Ropemaker Street, London, EC2Y 9AR). Ctrlio is a trusted partner of Easyfundraising. Ctrlio offer a service which allows you to raise monies for Good Causes using Ctrlio’s mobile deals tool to help you change mobile network operator. The Ctrlio Mobile Deals Tool is operated by Ctrlio and is subject to Ctrlio’s terms and conditions and Ctrlio’s privacy policy. Ctrlio is solely responsible for managing the Ctrlio Mobile Deals Tool and the processing of your personal data in the form of your email address. Easyfundraising is not liable and has no responsibility in respect of any recommendations by Ctrlio or in respect of any transaction, or any supply of goods or services between Ctrlio or mobile network operators and you. Should you have any queries or complaints in relation to the Ctrlio Mobile Deals Tool please contact Ctrlio in the first instance, but do please let us know if you are not satisfied as a result of this.
21. “Recombu Broadband Deals Tool”: You may also be able to raise monies for your Good Cause through our partner Recombu (the trading name of Recombu Limited, a company registered in England whose registered number is 8136574 and whose offices are at Unit 8 The Fairground Industrial Estate, Weyhill, Hampshire SP11 0QN). Recombu is a trusted partner of Easyfundraising. Recombu offer a service which allows you to raise monies for Good Causes using Recombu’s broadband deals tool to help you change broadband provider. The Recombu Broadband Deals Tool is operated by Recombu and is subject to Recombu’s terms and conditions and Recombu’s privacy policy. Telephone calls in relation to these Recombu services are handled by Simplify Digital Limited (a company registered in England with company number 6095563 and whose registered office is at 1 Portal Way, London W3 6RS). Recombu is solely responsible for managing the Recombu Broadband Deals Tool and Recombu and Simplify Digital are together responsible for the processing of your personal data in the form of your email address. Easyfundraising is not liable and has no responsibility in respect of any recommendations by Recombu or in respect of any transaction, or any supply of goods or services between Recombu or broadband operators and you. Should you have any queries or complaints in relation to Recombu or Simplify Digital, please contact Recombu in the first instance, but do please let us know if you are not satisfied as a result of this.
SECTION D: GIFT AID
22. Supporters have the option of making a Gift Aid Declaration in accordance with this Section D. A Gift Aid Declaration allows your Good Cause to claim back tax you have already paid from the HM Revenue & Customs via the Gift Aid scheme – provided the Good Cause is eligible for this scheme. Supporters can make a Gift Aid Declaration by ticking the relevant box on the “My Account” section of the Website. Good Causes may be able to claim Gift Aid as the monies which are paid as a Donation to Good Causes are earned from and held by Retailers and then by Easyfundraising as your agent – after you have paid monies for your purchases to the Retailer. You are liable for information you provide to HMRC in relation to the Gift Aid Declaration.
23. The terms of the Gift Aid scheme state that to be eligible for Gift Aid you must meet the following criteria:
23.1 you must be a UK tax payer, paying an amount of income tax and/or capital gains tax at least equal to the tax that all charities reclaim on your donations in the appropriate tax year (this was 25p for every £1.00 at the date of the creation of these Supporter Terms). Please Note: Council Tax and VAT do not qualify as taxes for Gift Aid;
23.2 such donations made by individual donors must be from their own money, an individual cannot make a donation under Gift Aid using someone else’s money;
23.3 the information provided in relation to a Gift Aid Declaration is confidential and will only be passed onto Good Causes if they are eligible. Good Causes may then pass such information onto HMRC;
23.4 if you have previously donated monies under a Gift Aid Declaration elsewhere, you can still donate as many times as you like as long as you have paid Income Tax equal to, or more than, the tax being reclaimed by the Good Cause; and
23.5 if any of the criteria at paragraphs 23.1 to 23.4 above are not met you cannot consent to the Good Cause claiming Gift Aid upon your donation.
SECTION E: CLOSING YOUR ACCOUNT, TERMINATION OR SUSPENSION OF YOUR ACCOUNT
24. Closing Your Account: You may close your account with Easyfundraising at any time by emailing Easyfundraising at the address us@easyfundraising.org.uk. We shall use our reasonable endeavours to close your account within two weeks of receipt of your email.
25. Suspension of Supporter account: Easyfundraising may, at its sole discretion, without liability, suspend any Supporter’s account and/or use of the Website (in whole or in part) if: (a) in Easyfundraising’s reasonable opinion, the Supporter has breached (or Easyfundraising suspects the Supporter may have breached) the provisions of these Supporter Terms; (b) your account has been inactive for more than 12 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 Supporter Terms.
26. Terminating Supporter’s accounts: Easyfundraising may terminate Supporter’s accounts without liability:
26.1 immediately upon providing written notice if, in Easyfundraising’s reasonable opinion, the Supporter has breached (or Easyfundraising suspects the Supporter may have breached) the provisions of these Supporter Terms;
26.2 immediately upon providing written notice if your account has been inactive for more than 12 months (in which case you will lose any information or Content within your account); or
26.3 upon providing one week’s written notice, at Easyfundraising’s absolute discretion.
27. Continuation in force: The termination or suspension of these Supporter Terms 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.
28. Suspicious Transactions: Easyfundraising reserves our rights, at our absolute discretion (to be exercised reasonably) and at any time, to suspend or withhold payment of Donations to Good Causes in respect of any transaction if Easyfundraising suspects (or has actual knowledge) that you have breached these Supporter Terms and specifically if we believe or suspect that fraudulent activity has taken place in relation to any transaction by you, a Good Cause or a Retailer.
SECTION F: LIMITATIONS AND EXCLUSIONS OF LIABILITY
29. Restriction on Limitations and Exclusions: Notwithstanding the other provisions in these Supporter Terms, none of the exclusions or limitations in these Supporter 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.
30. Exclusions of Liability: Easyfundraising excludes its liability to Supporters 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 Supporters or third parties arising out of or in connection with:
30.1 Supporters’ use of the Website and any content on the Website;
30.2 viruses that may infect Supporters’ computer equipment, software, data, or other property on account of Supporters’ access to, use of, or browsing the Website or Supporters’ downloading of any material or tools from the Website;
30.3 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;
30.4 Supporters’ use of Easyfundraising Materials which may be downloaded from the Website. Easyfundraising is merely providing these Easyfundraising Materials and once downloaded Supporters are responsible for their use and compliance with the provisions of the Website Terms;
30.5 breach of paragraph 5.2; and
30.6 any other loss or damage which these Supporter Terms (or the Website Terms) otherwise state that Easyfundraising has excluded or limited its liability for.
31 Limitation of Liability: Easyfundraising’s total aggregate liability to each Supporter is limited to the higher of: (a) the total amount of Donations Easyfundraising has paid to Good Causes on behalf of that Supporter in the 12 months prior to the action giving rise to liability; and (b) £50.
32 Force Majeure: Easyfundraising shall not be responsible for any breach of these Supporter Terms caused by circumstances beyond its reasonable control.
33 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 are hereby excluded to the fullest extent permitted by law.
34 No Warranties: You 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, whether the Retailers products or services will meet your requirements, or as to the performance of the Website.
SECTION G: PUBLICITY
35 Each Supporter grants Easyfundraising a royalty-free licence to use the Supporter’s user name and image, and any Content which the Supporter 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 Supporter’s Good Cause and to promote the Website and Easyfundraising. Easyfundraising shall immediately withdraw any such publicity upon written notice from the Supporter which should be sent to support@easyfundraising.org.uk.
SECTION H: GENERAL
36 (a) No contact with Retailers: You 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 Supporter Terms; (b) Changes to these Supporter Terms: We may update these Supporter 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 you do not wish to accept the new Supporter Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the updated Supporter Terms; (c) Dealing in rights and obligations: You may not transfer any of your rights or obligations under these Supporter 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 your consent); (d) No Waiver: If Easyfundraising decides not to exercise or enforce any right that it has against you 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 Supporter 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 Supporter Terms is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of these Supporter Terms and shall not affect the validity and enforceability of the remaining provisions of these Supporter 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; (h) Entire Agreement: These Supporter Terms (and such documents referred to herein as forming part of these Supporter Terms including the Website Terms, Cookies Policy, Privacy 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 you purport to apply). You shall not be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in these Supporter Terms.
37 Governing Law and Jurisdiction: These Supporter Terms and any dispute arising out of or in connection with these Supporter Terms and your 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 you are not happy with the way we deal with any disagreement and you want to commence court proceedings, you must do so in the courts of England and Wales.
If you have any questions in respect of these Supporter Terms, please contact us@easyfundraising.org.uk