Good 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. These Good Cause Terms govern the relationship between Easyfundraising and Good Causes that are registered on our Website.

Some expressions in the these Good Cause Terms have particular meanings. These are set out in the Glossary in Section J.

SECTION A: OVERVIEW

1. The aim of these terms and conditions: The aim of these terms and conditions (which form the written contract between Good Causes and Easyfundraising) is to facilitate the generation of Donations to Good Causes through Supporters’ Donations and online purchases of goods and services from Retailers, which generate Commission payable to Easyfundraising that is then shared with the relevant Supporter’s nominated Good Cause. The parties intend to achieve these aims by performing their respective obligations under these terms and conditions.

2. Expectations: The Good Cause’s and Easyfundraising’s expectations in relation to the activities to be carried out under these terms and conditions, such as payments, resources, timings and the possible outcomes are set out in these terms and conditions, including (but not limited to):

2.1 Section B (Easyfundraising’s commitments);

2.2 Section C (Registering as a Good Cause);

2.3 Section D (Good Causes’ use of the Website);

2.4 Section E (Payment of Donations);

2.5 Clauses 5 to 11 (inclusive) (protection of vulnerable people, compliance with laws relating to Charities, monitoring, access to records and policies, etc).

3. How the Website works: We are a for profit, private limited company which operates the Website. The Website is a donation platform enabling Supporters to raise money for Good Causes in different ways as follows:

3.1 Shopping: Supporters are able to raise these monies as Easyfundraising has arrangements with certain Retailers. Under these arrangements if Supporters complete Actions Retailers pay Commission and Easyfundraising will then pay such agreed proportion of the Commission to the nominated Good Causes as Donations, subject to these Terms.

3.2 Donations: Supporters are also 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. 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.

3.3 Fundraising via JustGiving: At its option (and subject to the relevant provisions of these Cause Terms), Easyfundraising may make available to the Good Cause its integration with JustGiving, through which Supporters can facilitate the generation of Donations for the Good Cause from the use of the Website by their family, friends, colleagues and other contacts when initiated via the link from that Supporter’s JustGiving page (JustGiving Integration). Relevant Supporters can set up their own JustGiving fundraising pages to support a Good Cause (subject to Easyfundraising having made this integration available to that Good Cause, as set out in clause 24).

4. 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:

4.1 the Website Terms [https://www.easyfundraising.org.uk/terms/website/], 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;

4.2 our Privacy Policy [https://www.easyfundraising.org.uk/privacy/] and Cookies Policy [https://www.easyfundraising.org.uk/terms/cookies/] which relate to the ways in which we collect and use information about the visitors to the Website, Supporters, and Good Causes;

4.3 the End User Licence; and

4.4 any special terms which apply to competitions and promotions which Easyfundraising may offer from time to time.

SECTION B: EASYFUNDRAISING’S COMMITMENTS

5. Where applicable, Easyfundraising shall protect vulnerable people and other members of the public from:

5.1 Unreasonable intrusion into privacy;

5.2 Unreasonable persistent approaches to solicit money; and

5.3 Placing undue pressure on people to give money,

and, in collaboration with the Good Cause where requested to do so, agree a monitoring programme to ensure compliance with this clause 5.

6. Easyfundraising is a Professional Fundraiser.

7. Easyfundraising shall comply with the requirements of the Charities Act 1992 as they relate to a Professional Fundraiser, other relevant legislation and regulations, and the Code of Fundraising Practice.

8. Easyfundraising shall immediately notify the Good Cause if it becomes aware of a breach of this Section B.

9. Easyfundraising shall on request and at all reasonable times provide the Good Cause with access to:

9.1 any books, documents or other records relating to the fundraising activities undertaken by Easyfundrasing under these terms and conditions (however they are kept) in a legible form; and

9.2 any policies and procedures relevant to protecting the public (such as policies on handling complaints and whistleblowing, relevant training material and staff code of conduct).

10. Easyfundraising shall comply with any additional monitoring requirements reasonably requested by the Good Cause in relation to its monitoring obligations under the Charities Act 1992 and the Charitable Institutions (Fund–Raising) Regulations 1994 (SI 1994/3024) as amended by the Charitable Institutions (Fund-Raising) (Amendment) Regulations 2009 (SI 2009/1060 and the Fundraising Regulator’s Code of Fundraising Practice and any relevant guidance issued by the Chartered Institute of Fundraising (or such successor body) and the Fundraising Regulator.

11. Easyfundraising will set out and fees in relation to using its services and in relation to donations in the ‘Our fees explain’ section of the website [https://www.easyfundraising.org.uk/our-fees-explained/].

SECTION C: REGISTERING AS A GOOD CAUSE

Important notice:

Easyfundraising's Website is available to:

  • Charities; and
  • Unregistered Good Causes.

When working with Charities, Easyfundraising is required to comply with Fundraising Rules. The Fundraising Rules protect Charities and those who support them, by setting out rules that Easyfundraising (and other similar businesses) must comply with when helping Charities to raise money.

Although the Fundraising Rules only apply in relation to Charities, Easyfundraising applies them to both Charities and Unregistered Good Causes. This means that Easyfundraising Unregistered Good Causes benefit from the same high standards as Charities.

12. Good Cause Administrator: In order to register as a Good Cause, 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:

12.1 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;

12.2 resides permanently in the United Kingdom;

12.3 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; and

12.4 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-clause.

13. 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.

14. Good Cause requirements: By accepting these Good Cause Terms, the Good Cause warrants, represents and undertakes that it:

14.1 is based in, and has its registered office or principle place of business, in the United Kingdom;

14.2 only has one account registered on Easyfundraising;

14.3 has not previously had an account with Easyfundraising terminated under clause 51 below;

14.4 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 in the registered name of the Good Cause/organisation (if it is incorporated) or in the names of its officers acting on behalf of the Good Cause/organisation (if it is unincorporated). 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;

14.5 has provided accurate details of the reason the Good Cause was established (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);

14.6 has a Purpose that we consider to be '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';

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

14.8 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 clause 12.4 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;

14.9 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; and

14.10 will only post Content to the activity feed of the Easyfundraising mobile app that complies with the Content Rules.

15. Content Rules. Content posted by the Good Cause shall comply with these Content Rules.

15.1 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.

15.2 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.

16. Breach of Content Rules. If Content posted by the Good Cause breaches the Content Rules, this clause will apply.

16.1 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.

16.2 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.

16.3 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.

17. Changes to the Good Cause; protecting the Good Cause account; protecting each other’s confidential information:

17.1 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.

17.2 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 clause. 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 clause 17.2.

17.3 Easyfundraising and the Good Cause each undertakes to the other that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, supporters, donors, clients or suppliers of the other party or of any member of the group to which the other party belongs (Confidential Information), except as permitted by clause 17.4. For the purposes of this clause 17.3, “group” means, in relation to a party, that party, any subsidiary or holding company from time to time of that party, and any subsidiary from time to time of a holding company of that party.

17.4 Each party may disclose the other party's Confidential Information: (i) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's Confidential Information comply with clauses 17.3, 17.4 and 17.5; and (ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

17.5 Neither party shall use any other party's Confidential Information for any purpose other than to perform its obligations under the contract between the parties under these Good Cause Terms.

18. Investigation. Although Easyfundraising shall use its reasonable endeavours to ensure that the Good Cause complies with its obligations under this Section C, 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.

19. 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 D: GOOD CAUSES' USE OF THE WEBSITE

20. 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.

21. 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, and many of these are contained in the 'Raise More' section of the Website. Your continued use of the Easyfundraising Materials is subject to your compliance with any End User Licences governing their use, or, where there is not a specific End User Licence, with the licence in section 6 of the Website Terms.

22. 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.

23. 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.

24. JustGiving Integration. The terms set out in this clause 24 apply where Easyfundraising agrees to make the JustGiving Integration available to a Good Cause (which Easyfundraising shall in its sole discretion decide). Where Easyfundraising agrees to make available the JustGiving Integration, the Good Cause agrees that:

24.1 it shall promptly register with JustGiving (if it has not already done so) and shall thereafter maintain such registration for so long as the JustGiving Integration is provided by Easyfundraising;

24.2 Easyfundraising may establish a link from a relevant Supporter’s JustGiving page relating to the Good Cause that opens Easyfundraising’s relevant smartphone app or Website, so that the Supporter’s friends, family, colleagues and other contacts can register with Easyfundraising as a Supporter and thereafter use the app or Website to generate Donations that will be attributed to such JustGiving page;

24.3 Easyfundraising may share with JustGiving such information about the Good Cause as is required by JustGiving in order to: (a) pay the Donations attributed to each relevant Supporter’s JustGiving page to JustGiving for onward payment to the Good Cause; and (b) (where the Good Cause has opted-in to such service from JustGiving) process Gift Aid claims in relation to relevant Donations on behalf of the Good Cause; and

24.4 JustGiving shall, prior to payment to the Good Cause, deduct from the Donations the fees due to JustGiving.

25. Use of cookies and other technologies:

25.1 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.

25.2 Cookies may not be effective for various reasons, including where Supporters do not proceed directly from the Website to the Retailer's site to complete an Action, or if Supporters are using other platforms similar to the Website which also place cookies, or if Supporters have toolbars or similar technologies from other 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 a Supporter’s device. Easyfundraising is not responsible for Retailers' policies, if a Retailer does not report an Action, or if a Retailer does not pay a payment that would be used to fund a Donation.

25.3 Easyfundraising is not liable for any failure of any cookies (and other technologies) to record Supporters' transactions or for any consequential failure generate Donations for Good Causes.

26. Retailers. We use our reasonable endeavours to ensure that all of the Retailers providing offers to Supporters are reputable, but 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 payments used to fund the Donations payable as a result of Supporters' Actions, and Easyfundraising shall not be liable to the Good Cause in respect thereof.

27. No guarantee of Donations. Easyfundraising gives no warranty, guarantee or other assurance to the Good Cause as to:

27.1 the number of Supporters;

27.2 the number or value of shopping transactions that may be made by Supporters through the Website; or

27.3 the number or value of Donations for the Good Cause that may be generated by Supporters’ shopping transactions through the Website.

SECTION E: COMMISSION AND PAYMENT OF DONATIONS

28. Commission payments and the funding of Donations. Easyfundraising uses the Commission that it receives from Retailers to fund Donations. Accordingly, Easyfundraising shall have no obligation to pay any proportion of the Commission to the relevant Supporter and, once received by Easyfundraising, the Commission shall be retained by Easyfundraising and a proportion of such Commission (at the rate specified to the Supporter at the time they complete the Action, which, with the exception of eBay, shall be at least 50% of the Commission amount) shall be paid to the Good Cause as a Donation in accordance with these Terms. As eBay has many different commission rates (which vary by product and category type) and these are too numerous and complex to manage and apply individually, we calculate the Donation based on the basket value of eBay purchases made through Easyfundraising, with the aim of the Donation being as close to 50% of the Commission as is reasonably possible.

29. 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, generated by payments received by us from Retailers, which the Good Cause is eligible to receive. Subject to clause 28 and clauses 30 to 40 (inclusive), if a Good Cause has raised more than £15 in Donations within that quarter, we shall make a payment to the Good Cause in accordance with the payment dates set out in clause 30.  If a Good Cause has raised less than £15 in Donations, we shall carry this balance forward to the next quarter, and each subsequent quarter, until such time as the balance of the Donations to which the Good Cause is entitled is at least £15.  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. Where Easyfundraising makes the JustGiving Integration available to a Good Cause, the Good Cause agrees that:

29.1 Donations generated via such integration shall be paid by Easyfundraising to JustGiving on a quarterly basis and the Good Cause acknowledges that receipt thereof by JustGiving shall, as between the Good Cause and Easyfundraising, constitute payment by Easyfundraising to the Good Cause;

29.2 In the event that Donations paid by Easyfundraising to JustGiving cannot be paid by JustGiving to the Good Cause (regardless of the reason), the Good Cause acknowledges and agrees that JustGiving shall have the right to instead pay the Donations to a charity selected by Easyfundraising or JustGiving; and

29.3 The provisions of clauses 33 and 34 of these Good Cause Terms shall not apply in respect of Donations generated via the JustGiving Integration.

30. Payment dates. The quarterly payments are as follows:

30.1 Payment 1 – by end of February – Donations received by us between 1 November and the 31 January;

30.2 Payment 2 – by end of May – Donations received by us between 1 February and the 30 April;

30.3 Payment 3 – by end of August – Donations received by us between 1 May and the 31 July;

30.4 Payment 4 – by end of November – Donations received by us between 1 August and the 31 October,

and 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.

31. Exceptions relating to Donations. The Good Cause acknowledges and agrees that Commission received from Retailers in the following circumstances does not constitute a Donation:

31.1 a Supporter has not completed an Action;

31.2 the Action giving rise to Commission (and, therefore, the Donation) is subsequently cancelled or charged back to the Retailer, such that the Commission is either not received by Easyfundraising at all or is refunded by Easyfundraising to the Retailer;

31.3 a Retailer does not pay to Easyfundraising the Commission from which the Donation will be funded (we shall use our reasonable endeavours to recover from Retailers Commission from which Donations will be funded but we do not warrant that we will be able to do so and shall have no liability to the Good Cause if we do not). If the Commission from which a Donation will be funded is paid at a later date, then we shall endeavour to pay the relevant Donation to the Good Cause if it remains registered on the Website;

31.4 a Retailer becomes insolvent or ceases to continue to trade; or

31.5 Easyfundraising reasonably believes that a Donation has been accrued as the result of any breach of these Good Cause Terms, the Supporter Terms or any act of fraud.

32. For the purposes of regulation 6 of the Charitable Institutions (Fund-Raising) Regulations 1994, the Good Cause (if it is a Charity) acknowledges its agreement to the payment provisions set out in this Section E.

33. Payment of Donations through the Stripe Connect Account:

33.1 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.

33.2 In order to offer this facility, the Good Cause accepts that the third-party payment provider, Stripe, will deduct a processing fee from the amounts donated to the 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.

33.3 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 clause 14.9 above.

34. 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 been uncashed for a period of at least twelve months, from the cheque being sent to such Good Cause, then Easyfundraising may cancel the Donation and cheque, and Redistribute the relevant funds. Easyfundraising may (if subsequently contacted by the Good Cause) in its sole discretion agree to issue a replacement cheque as a gesture of goodwill but shall be under no obligation to do so.

35. Orphan Donations. Donations are generated by payments received from Retailers being linked to Actions completed by Supporters and, as set out in clause 25, Easyfundraising is reliant on cookies and other technologies to link funds received from Retailers to such Actions. The Good Cause acknowledges and agrees that:

35.1 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; and

35.2 a Donation is only generated where a sum received from a Retailer is successfully linked to an Action completed by a Supporter and that, in the absence of such link, no Donation is generated.

36. 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. Following such a claim, Easyfundraising shall use all reasonable endeavours to match a payment received from a Retailer to an Action that matches the information provided by the Supporter so that a Donation is generated, but if this is not possible or if a Supporter does not raise a successful missing donation claim within 45 days of making a transaction, Easyfundraising will Redistribute the relevant funds.

37. Distribution of Donations. Easyfundraising will endeavour to distribute Donations to causes via the payment method opted for by the relevant Good Cause Administrator (or, where Easyfundraising makes the JustGiving Integration available to a Good Cause, to JustGiving). Should circumstances arise where funds have not or cannot be distributed for any reason, Easyfundraising will endeavour to contact the Good Cause, but we cannot be held responsible if the Good Cause is uncontactable, declines to respond, or responds but declines to provide the relevant details.

38. 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 Redistribute the relevant funds.

39. 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 Redistribute the relevant funds.

40. 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 relevant date of termination or the date of suspension (as the case may be) under clauses 18, 47, 48, 49 and 50. 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 will Redistribute the relevant funds. The termination or suspension of these Good 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.

41. VAT. For the avoidance of doubt, no VAT is payable by Good Causes in respect of Donations.

SECTION F: INTELLECTUAL PROPERTY RIGHTS; USE OF GOOD CAUSE’S MATERIALS; PUBLICITY

42. Easyfundraising and its licensors shall retain ownership of all Easyfundraising IPRs.

43. The Good Cause grants Easyfundraising a fully paid-up, royalty-free, worldwide, non-exclusive licence to copy and use any of the Good Cause's trade marks and/or logos (whether registered or unregistered) and any Content which the Good Cause uploads to the Website or otherwise provides to Easyfundraising (Good Cause Materials) for the purposes of operating the Website, providing services to the Good Cause, and marketing and promoting the Website and Easyfundraising.

44. The Good Cause shall indemnify Easyfundraising in full against any sums awarded by a court against Easyfundraising arising of or in connection with any claim brought against Easyfundraising for infringement of a third party's rights (including any intellectual property rights) arising out of, or in connection with, the receipt or use of the Good Cause Materials by Easyfundraising.

45. The Good Cause and its licensors shall retain ownership of all Intellectual Property Rights in the Good Cause Materials.

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

46. Term. The agreement between the Good Cause and Easyfundraising (which is made on the basis of these terms and conditions) shall continue in force until such time as it is terminated in accordance with these terms.

47. 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.

48. 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 clause 14.6; (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.

49. Terminating Good Causes' accounts. Easyfundraising may terminate Good Causes' accounts without liability:

49.1 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;

49.2 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

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

50. 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 H: LIMITATIONS AND EXCLUSIONS OF LIABILTY

51. 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.

52. 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:

52.1 Good Causes' use of the Website and any content on the Website (including actions or omissions of the Good Cause Administrator);

52.2 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;

52.3 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);

52.4 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;

52.5 breach of clause 17.2; and

52.6 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.

53. 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.

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

55. 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.

56. 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 I: GENERAL

57. 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.

58. Changes to these Good Cause Terms. We may update and vary these Good Cause Terms from time to time to reflect changes in best practice or changes in the law, or for other legal or regulatory reasons, or to deal with additional features of the Website, or to allow the proper operation of the Website. Any changes will be notified in advance via email and also 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 clause 49. 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.

59. 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).

60. 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.

61. 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.

62. 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.

63. Interpretation. References to including, includes, for example or any similar expression shall be deemed to have the words without limitation inserted after them.

64. Entire Agreement.  All contracts made in accordance 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) are made within the jurisdiction of England and Wales and 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.

65. 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.

SECTION J: GLOSSARY

Action: the buying of products or services from Retailers' websites by clicking-through to those websites from the Website, Easyfundraising's mobile app or Easyfundraising's web browser plug-in/extension.

Charities: registered charities and other formally registered charity bodies, such as Community Armature Sports Clubs and Charitable Incorporated Organisations.

Commission: the payment that Easyfundraising receives from Retailers as a result of Actions completed by Supporters, a proportion of which is used by Easyfundraising to fund Donations.

Confidential Information: has the meaning set out in clause 17.3.

Content: text and/or images (whether still or moving).

Content Rules: the rules set out in clause 15 of the Good Cause Terms.

Cookies Policy: Easyfundraising's Cookie policy at [https://www.easyfundraising.org.uk/terms/cookies/].

Donation:

In the case of Commission received from Retailers as a result of Actions completed by Supporters, the percentage of the amount spent by the Supporter or the amount per Action (as specified to the Supporter at the time the Action is completed) that is payable by Easyfundraising to the relevant Supporter's nominated Good Cause.

In the case of direct donations made to Good Causes by Supporters and donations raised via JustGiving, as set out in clauses 3.2 and 3.3 respectively.

Easyfundraising: 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 (also referred to as we, us and our).

Easyfundraising IPRs: all Intellectual Property Rights subsisting in the Website and the Easyfundraising Materials, excluding any Good Cause Materials incorporated in them.

Easyfundraising Materials: the materials referred to in clause 21 and all other documents, products and materials developed by Easyfundraising or its agents, subcontractors and personnel as part of or in relation to the Services in any form, including without limitation computer programs, data, databases, reports and specifications (including drafts).

Easysearch: the 'Easysearch' feature of the Website, which is accessible via the link from the homepage or directly via [https://www.easysearch.org.uk/].

Easysearch Terms: the terms relating to use of Easysearch at [https://www.easysearch.org.uk/tos/].

End User Licence: the specific licence terms stated to apply to the relevant Easyfundraising Materials or, if none, the licence terms set out in section 6 of the Website Terms.

Fundraising Rules: the rules that apply to “Professional Fundraisers” under the Charity Acts, the Charitable Institutions (Fund Raising) Regulations 1994 (as amended), and the Code of Fundraising Practice.

Good Cause Administrator: a person duly authorised by a Good Cause to act on its behalf.

Good Cause Materials: has the meaning set out in clause 43.

Good Cause Terms: these terms and conditions.

Good Causes: the good causes (such as charities, schools, sports clubs or community groups, etc) that register on our website.

Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software and mobile application software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

JustGiving Integration: has the meaning set out in clause 3.3.

Privacy Policy: Easyfundraising's privacy policy at [https://www.easyfundraising.org.uk/privacy/ ].

Professional Fundraiser: a 'professional fundraiser' as defined in section 58 of the Charities Act 1992.

Purpose: has the meaning set out in clause 14.5.

Redistribute: the redistribution and payment of the relevant monies to one or more Charities or Unregistered Good Causes that are registered on the platform, in such manner as Easyfundraising determines in its sole discretion (for example, by making donations to them, funding prizes or other promotions that benefit them, or enhancing other Donations).

Retailers: the retailers with which Easyfundraising has arrangements to receive Commission in relation to Actions completed by Supporters. Such arrangements may be directly with the retailer or via affiliate networks, and this definition shall be construed to include both.

Supporters: members of the public who are registered with the Website to raise money for Good Causes in various ways.

Unregistered Good Causes: other good causes that are not registered charities or registered charity bodies, such as schools, sports clubs and community groups.

Website: Easyfundraising's website at easyfundraising.org.uk.

Website Terms: the website terms and conditions at [https://www.easyfundraising.org.uk/terms/website/].