We are Easyfundraising Limited, a company registered in England and Wales with a company number of 04764164 and a registered office at St Chad’s House, Suite 6, Cross Keys, Lichfield WS13 6DN (hereafter 'Easyfundraising, ‘we’ or ‘us’). These are our '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.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;
2.3. 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 email@example.com. 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 firstname.lastname@example.org 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.
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:
16.1. 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 friend 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;
16.2. Good Cause Administrators are not eligible to receive Supporter Bounties; and
16.3. 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 "Good Cause Bounty") for each new Supporter you introduce to Easyfundraising. However:
17.1. 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 friend must click through the link provided by you and create an account between 25th April 2017 and midnight 30th November 2017 on the Website; and (iii) your friend must then generate a confirmed Donation from Retailers using their new account, this excludes any Donations from Easysearch, free donations and any other Supporter Bounties (iv) any Donation your friend generates must be confirmed within 30 days of registering their new account;
17.2. This promotion is only available to Good Cause Administrators.
17.3. Easyfundraising may withhold, cancel or recover the payment of the Supporter Bounty for any reason, at its absolute discretion, including but not limited to; (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.
17.4. Payment of the "good cause bounty" Easyfundraising will add the donation to your account by the next eligible payment run.
17.5. This promotion cannot be used in conjunction with any other "Tell a Friend" scheme available to Good Cause Administrators.
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:
18.1. 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
18.2. 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.
SECTION D: GIFT AID
21. 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.
22. The terms of the Gift Aid scheme state that to be eligible for Gift Aid you must meet the following criteria:
22.1. 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;
22.2. 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;
22.3. 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;
22.4. 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
22.5. 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.
By completing a Gift Aid Declaration you give your consent to us providing to HMRC such information as it shall require in relation to any Gift Aid claim that a Good Cause makes in your name. You may withdraw that consent at any time but your donations may cease to benefit from Gift Aid as a result.
SECTION E: CLOSING YOUR ACCOUNT, TERMINATION OR SUSPENSION OF YOUR ACCOUNT
24. 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.
25. Terminating Supporter's accounts: Easyfundraising may terminate Supporter's accounts without liability:
25.1. 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;
25.2. 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
25.3. upon providing one week's written notice, at Easyfundraising's absolute discretion.
26.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.
27. 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
28. 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.
29. 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:
29.1. Supporters' use of the Website and any content on the Website;
29.2. 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;
29.3. 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;
29.4. 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;
29.5. breach of paragraph 5.2; and
29.6. any other loss or damage which these Supporter Terms (or the Website Terms) otherwise state that Easyfundraising has excluded or limited its liability for.
30. Limitation of Liability: Easyfundraising 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.
31. Force Majeure: Easyfundraising shall not be responsible for any breach of these Supporter Terms caused by circumstances beyond its reasonable control.
32. 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.
33. 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
34. If you expressly consent in writing (whether by ticking a check-box on our registration form or otherwise) to us so doing, we will use your user name and image, and any Content which you have 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. We shall immediately cease to use any such publicity upon written notice from the Supporter which should be sent to email@example.com.
SECTION H: GENERAL
36. 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 firstname.lastname@example.org