Terms BenevolentGiver (Crowdfunding)

BenevolentGiver’s aim is to provide the best platform and the best of crowdfunding opportunity and possibilities to charities, individuals and organizations who wish to raise fund to realise/crowdfund various good causes or charity projects through our crowdfunding website. Our terms of service describe what BenevolentGiver will offer you, your charity organization, aim and other good causes you support, highlighting your duties and responsibilities as a user of our website.

The BenevolentGiver operate in a number of countries around the world, we lay emphasises on helping local charities in the developing nations of the world such as Africa and Asia where charities are really struggling to fund their monumental activities aimed at touching lives.

The core terms of service remain identical and applicable in each. Nevertheless, some country-specific terms may also apply. Please click here for your relevant country-specific terms of service in Nigeria,  Africa or the United Kingdom.

Please click here for additional terms that apply to BenevolentGiver Crowdfunding.

The key points to note:

  • BenevolentGiver (Crowdfunding) – we run and maintain a website that processes donations on behalf of the charities and other good causes featured on it. For this service, and the support we provide to them and their supporters, charities and other good causes, we charge a transaction fee of up to 5% on the donation.
  • DONOR’S Refund request – All monies donated to charities and other good causes are promptly paid out to them without delay, therefore, any reclamation or refund request by the donor can only be attended to in exceptional circumstances, as described below.
  • Data Protection – Your privacy is paramount to us. Our Privacy Policy shows you how we protect it.
  • User Conduct – If you create a BenevolentGiver page or use any of our other services, please remember BenevolentGiver is for everyone. We’ll remove offensive, obscene or racist content posted on our website, thereafter; we may terminate such user’s membership in the process.
  • CONTENT UPLOAD: Please NOTE that it is absolutely your sole responsibility to ensure that you have rights to use content such as pictures and videos you upload to the BenevolentGiver site does not infringe another person’s copyright.

That’s it. If you want the full, extended version, here it is:

BenevolentGiver is a trading name of the local BenevolentGiver Foundation entity as identified in the country-specific terms of service. BenevolentGiver operates www.BenevolentGiver.com (the “Website”) and its associated services. These core terms of service (and the relevant country-specific terms) (together the “Terms of Service”) govern your use of the Website and its associated services. Please read these Terms of Service carefully. If you do not wish to be bound by these Terms of Service, you should not continue to use or access the Website or its associated services.

Our Terms of Service may change or be updated from time to time without prior notice. We, therefore, advice user accessing our website to regularly check to make sure these Terms of Service are complied with at all time as the currently updated version will affect any future usage of the Website and its associated services.

About the charities, good causes and organisations featured on the Website

The Website and its associated services allows you to donate to, and raise funds for, any of the causes listed on the Website (“Causes”) which could include charities, certain non-charitable good causes referred to on the Website as BenevolentGiver Crowdfunding (“BenevolentGiver Crowdfunding”) and other listed organisations. Every Cause featured has a contractual agreement with BenevolentGiver authorising BenevolentGiver to collect donations on its behalf. Causes are listed on this Website at BenevolentGiver’s discretion, however we cannot accept responsibility for the activities of the Causes. A charity must have the appropriate authorisation, permit or licence to operate as a charity, as required by the local laws of the territory in which it operates. You should note that BenevolentGiver Crowdfunding pages are not intended to raise money for charities, so you should read the description of them carefully and be happy that they are genuine and suitable to receive your donation. Different charities, terms used on BenevolentGiver Crowdfunding pages and other organisations can have similar names: it is your responsibility to check that you are donating to the Cause you intended.

Donations

Subject to the requirements of applicable local laws, and what we say below in relation to BenevolentGiver Crowdfunding, once your donation is made, it will only be refunded to you with the prior written consent of the Cause to whom it has been made, regardless of whether or not the donation had been paid to the Cause by BenevolentGiver. You should therefore get in touch with the charity or other good cause first. Before a donation is refunded, the relevant Cause must agree that BenevolentGiver may, subject to local applicable laws, deduct the amount to be refunded from subsequent payments to be made by BenevolentGiver to the Cause. Where no further payments are due to be made to such Cause within one (1) week of the refund being made to you, BenevolentGiver reserves the right to invoice the Cause for the amount of the refund and the Cause must agree to settle that invoice within one (1) month of the date of the invoice.

In relation to BenevolentGiver Crowdfunding, BenevolentGiver will charge your donation to your payment card account (or other payment methods available on the Website) at the time of donating. For donations made to BenevolentGiver Crowdfunding, no refunds will be provided, subject to applicable local laws. If you do not agree to this you should not use the Website to make donations to BenevolentGiver Crowdfunding pages. Occasionally, the person who created the page you have donated to does not pass identity verification or other necessary checks, or there is some other reason that we can’t transfer the funds to them. If this happens to a page you have donated to, we’ll email you to let you know that your donation will be sent to another good cause instead, subject to the deduction our usual transaction and payment processing fees (as described below). We appreciate that you may prefer to get your money back, so if you request a refund within seven (7) days of receiving this email, we will refund your donation to your payment method (normally within a few working days).

Use of your donation

BenevolentGiver does not warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding the recipient Cause’s use of any donation you may make through the Website or its associated services or websites powered by us or for any misuse or non-use of such donations by the recipient Cause. After donations are made, all further dealings are solely between the donor and such recipient organisation.

Please note that recipient organisations (excluding BenevolentGiver Crowdfunding page creators) reserve the right to use your donation for their general purposes. They will use your donation for any purpose in accordance with their own rules. BenevolentGiver cannot guarantee that funds will be earmarked for a particular appeal. If you want your donation to be used for a specific purpose or for a particular appeal you should contact the organisation and make your donation directly to them.

BenevolentGiver (or any payments platform we work with) will verify the identity of a BenevolentGiver Crowdfunding page creator and undertake any other necessary checks before any funds raised are transferred to the page creator. BenevolentGiver shall have no liability to donors whatsoever for any use or misuse of donations made to the BenevolentGiver Crowdfunding page. The BenevolentGiver Crowdfunding page may state that they will use donations only for specific purposes, but BenevolentGiver cannot guarantee that they will use it for such purpose. If you have any doubts as to how the money will be spent then you should contact the BenevolentGiver Crowdfunding page owner directly to seek reassurance. It is your sole responsibility, as a user of the Website, to ensure that the cause stated to be supported on a relevant BenevolentGiver Crowdfunding page is one that you wish to support.

BenevolentGiver fees

BenevolentGiver charges a small transaction fee on every donation made on the Website or its associated services. The fee is currently up to 5% of the gross donation. Donations are also subject to third party payment processing fees. Subscription fees also apply to member charities in the UK for additional services. For full details please visit www.BenevolentGiver.com/charities.

Unauthorised donations

When you make a donation the transaction is final and not disputable unless unauthorised use of your payment card or other payment method is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules. Similarly, if you experience any issues of this nature when using another payment method, such as PayPal, you should contact the provider of that payment method for assistance.

BenevolentGiver will never email or phone you and ask you to provide all of your payment details.

Protecting your password

When you register with BenevolentGiver and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your password, we recommend that you change your password immediately or call our helpdesk on the telephone number set out on the Contact Us page.

Information

BenevolentGiver is not an accounting, taxation or financial advisor, and you should not rely on information given on the Website or its associated services to determine the accounting, tax or financial consequences of making a donation to a Cause. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.

Privacy

BenevolentGiver’s Privacy Policy forms part of these Terms of Service. By agreeing to these Terms of Service you also give your consent to the way we may handle your personal information under that Policy. Read our Privacy Policy here.

User conduct

You must at all times use the Website and its associated services in a responsible and legal manner and ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party. In particular, but not exclusively:

  • You must not upload offensive, obscene, racist, defamatory, misleading or deceptive content, including photographs, on to the Website or its associated services. BenevolentGiver does not actively edit the Website but reserves the right to remove or edit any content posted on the Website or its associated services at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene, racist, defamatory, misleading, deceptive or otherwise inappropriate. If you notice any such content, please email us at help@BenevolentGiver.com.
  • If you build a fundraising page on BenevolentGiver, you must ensure that any information you provide to the public is accurate and not misleading. It is your responsibility to ensure that the content you are uploading on your page, in particular the picture(s), photograph(s) and any video(s), is not copyright-protected. If it is, you must obtain the copyright owner’s written consent to use it. BenevolentGiver reserves the right to remove any pictures, photographs, videos or copy from personal fundraising or BenevolentGiver Crowdfunding pages, at its sole discretion and without notice if their copyright status is in any doubt. If you suspect a breach of copyright on the Website, please email us at  help@BenevolentGiver.com.
  • Other than in relation to your own BenevolentGiver fundraising page or BenevolentGiver Crowdfunding page, you may not remove or change anything on the Website.

In addition, you as a user must not:

  • misrepresent your identity or affiliation with any other person or organisation;
  • use the Website to send junk email or ‘spam’ to people who do not wish to receive email from you;
  • use the Website to conduct, display or forward surveys, pyramid schemes or chain letters;
  • use the Website to conduct, display or forward raffles, lotteries or contests, unless you have obtained any necessary licence or permission and you comply with all applicable laws;
  • interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the BenevolentGiver systems; or
  • disclose any information relating to any donor except with the consent of the donor or as permitted by applicable local laws.

BenevolentGiver reserves the right to cancel your membership and delete any BenevolentGiver page without notice in the event of a breach of the above rules. BenevolentGiver may also suspend or delete a BenevolentGiver page if the relevant charity is no longer receiving donations via BenevolentGiver.

Building a BenevolentGiver page in aid of a Cause in no way implies BenevolentGiver’s or the Cause’s endorsement of your fundraising activity. Many Causes disapprove of, and do not wish to be involved in, dangerous sports or unusual challenges. It is your responsibility to check with the Cause first that your chosen activity does not contravene the Cause’s policies. BenevolentGiver reserves the right, at its absolute discretion and without notice, to cancel your personal fundraising page at the request of the Cause, in the event that the Cause, in its absolute discretion, deems your fundraising activity inappropriate or unnecessarily dangerous.

Links

The Website and its associated services contain links to other websites, including the websites of Causes. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any transactions with other people or organisations through their websites or otherwise are your own responsibility.

Partner Services

BenevolentGiver may from time to time select partners offering relevant information and services that we believe will enhance our provision for visitors to the Website. Whilst we will do our best to select partners of the highest integrity, we are not responsible for any aspect of the information or services offered by them, and if you choose to use their services you do so at your own risk.

Trademarks

The names BenevolentGiver, BenevolentGiver Crowdfunding and BenevolentGiver.com, the BenevolentGiver logo and any other product and service names that we may present on the Website or its associated services from time to time may not be used in connection with any product or service that is not BenevolentGiver’s, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit BenevolentGiver. Other trademarks, service marks or logos that appear on the Website or its associated services, in particular (but not exclusively) those of member charities, BenevolentGiver Crowdfunding pages or other organisations, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both BenevolentGiver and the trademark owner.

Copyright

All content on the Website and its associated services is owned by BenevolentGiver, our member charities, BenevolentGiver Crowdfunding page creators or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark or other proprietary notice, and that your usage complies with any requests you may receive from any person with rights in that content. No other use of the Website’s and its associated services’ content is permitted without the express prior permission of BenevolentGiver, and, where applicable, the copyright holder.

By visiting or using the Website or any of its associated services, you agree not to (and not to use any tool, program, script, browser extension or other technique, including bots, robots, spiders and scrapers and any similar tools or methods, in order to): (i) copy (except as authorised by these Terms of Service), mirror, frame, index, scrape, mine or otherwise gather or extract any of the content or data from the Website or its associated services; or (ii) sell or distribute any data which is gathered or extracted in breach of these terms, or which is based on or derived from any such data. BenevolentGiver may take any measures it sees fit to block access to the Website and its associated services where it believes that these terms have been or will be breached. You agree that you will not take any steps to try to circumvent these measures and that you will not take any steps to mask your IP address. You acknowledge and agree that where there is any actual or threatened breach of these terms, damages may be an inadequate remedy and BenevolentGiver shall be entitled, without prejudice to any other rights and remedies it may have, to seek an injunction or any other equitable relief for such breach. BenevolentGiver may also request that you destroy any data you have gathered or extracted in breach of these terms and you agree that you will comply with such request promptly and certify the same.

Inquiries and permission requests may be sent to help@BenevolentGiver.com.

Changes to the service

BenevolentGiver will make every effort to ensure that the Website and other services are available continuously but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms of Service. BenevolentGiver reserves its right to remove inactive fundraising or crowdfunding pages from the Website and other services.

Failure to comply with these Terms of Service

In the event that you commit a breach of these Terms of Service BenevolentGiver reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services.

Termination

You may discontinue use of the Website and associated services at any time. These Terms of Service will continue to apply to past use by you.

Disclaimer and Limitation of Liability

BenevolentGiver does not, and nothing in these Terms of Service shall act to, exclude or limit BenevolentGiver’s liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. You agree that your use of the Website and its associated services is on an “as is” and “as available” basis and that your use of the Website and its associated services is at your sole risk. BenevolentGiver does not guarantee continuous uninterrupted or secure access to our services and operation of the Website and associated services may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms of Service and except for the rights, guarantees and remedies which cannot be excluded, BenevolentGiver does not provide other conditions, guarantees, warranties or terms in relation to the Website or its associated services, to the extent permissible by law. BenevolentGiver shall undertake general maintenance and upkeep of the Website, usually at the times set out in the applicable country-specific terms, from time to time. During these periods, the Website and its associated services may not be available for use. In exceptional circumstances, the Website and associated services may also become unavailable at other times.

BenevolentGiver shall only be liable under these Terms of Service for losses which are reasonably foreseeable and caused by BenevolentGiver’s breach of these Terms of Service or BenevolentGiver’s negligence. BenevolentGiver’s total liability to you arising under or in connection with these Terms of Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the donations you have made using the Website in the preceding 12 month period, ending on the date the circumstances giving rise to BenevolentGiver’s liability arose.

Any liability BenevolentGiver may have to you shall not include losses relating to any business of yours or your own losses such as lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or a waste of management or other staff time.

BenevolentGiver may change the format and content of the Website and its associated services from time to time. You should refresh your browser each time you visit the Website to ensure that you are looking at the most up to date version of the Website, including the latest version of these Terms of Service.

Nothing in these Terms of Service excludes any statutory rights which may apply to your use of the Website and associated services which cannot be excluded, restricted or modified by contract.

Governing law

These Terms of Service and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by the law, and subject to the jurisdiction of the courts of, the country set out in the country-specific terms.

Third-party rights

The right to enforce these Terms of Service does not in any way extend to a person who is not a party to them.

SPECIFIC TERMS OF SERVICE FOR NIGERIA

These additional terms apply and will prevail where you access the Website or associated services in Nigeria.

The local BenevolentGiver entity and the company who provides the service to you in Nigeria is BenevolentGiver Nigeria Limited, 10, Akin Ogunlewe Str. Ikorodu, Lagos, Nigeria.

BenevolentGiver fees – All payments referred to in these Terms of Service are exclusive of GST (Goods & Services Tax)

Disclaimer and Limitation of Liability – If you live in Nigeria, the Competition and Consumer Act 2010 (Cth) may confer rights, guarantees and remedies on you in relation to the provision by BenevolentGiver of services on the Website, which cannot be excluded, restricted or modified. BenevolentGiver does not exclude, restrict or modify those rights.

To the fullest extent permitted by law, BenevolentGiver’s liability for breach of any consumer guarantee, which cannot be excluded, is limited at the option of BenevolentGiver to, in the case of services supplied or offered by BenevolentGiver which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (i) the supply of the services again; or (ii) the payment of the cost of having services supplied again.

The times at which BenevolentGiver shall undertake general maintenance and upkeep of the Website will usually be between 12.00 am and 08.00 hours (GMT) at the weekends.

Governing law – These Terms of Service and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by the law of Lagos State, Nigeria and are subject to the non-exclusive jurisdiction of the courts of Lagos State, Nigeria

SPECIFIC TERMS OF SERVICE FOR THE UNITED KINGDOM AND ALL COUNTRIES OTHER THAN NIGERIA (SAVE WHERE INDICATED OTHERWISE).

These additional terms apply and will prevail where you access the Website or associated services in the United Kingdom or any other part of the world (other than Nigeria).

The local BenevolentGiver entity and the company who provides the service to you is SALAAM Television & Magazine Limited (registration no. 09207149 ), whose registered office is at 53, Brookstone Court, Peckham Rye, London, SE15 3UW, United Kingdom. BenevolentGiver.com has registered a representative office in Lagos, Nigeria

Gift Aid and tax (this section is applicable to UK Tax Payers only)

When you donate to a charity and certain Community Amateur Sports Clubs (“CASC’s”) on the Website or its associated services and confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme as they apply from time to time, BenevolentGiver reclaims Gift Aid on behalf of the charity or CASC under the UK government’s Gift Aid scheme.

Every charity or CASC that is a member of BenevolentGiver has a contractual agreement with BenevolentGiver authorising it to reclaim Gift Aid on its behalf. Charities and CASC’s must be registered with the Charity Commission or exempt from registration for BenevolentGiver to reclaim Gift Aid on their behalf. BenevolentGiver also features certain not-for-profit and other organisations, which are not eligible for Gift Aid reclaim. Such organisations are clearly listed on the Website as not eligible for Gift Aid reclaim. In addition, donations to BenevolentGiver Crowdfunding pages, including those that have a charitable purpose, are not eligible for Gift Aid. Donations to any of these Causes are not tax-deductible.

When a donation is eligible for Gift Aid reclaim, the fee BenevolentGiver charges is up to 5% of the gross donation, which is the donation plus any Gift Aid reclaimed. When a donation is not eligible for Gift Aid reclaim, the up to 5% fee applies to the donation alone.

Non-member charities (applies to the UK only)

BenevolentGiver also runs a “non-member charity” service. This means BenevolentGiver may also feature on our Website most of the charities registered with the Charity Commission for England and Wales, even if they are not one of our member charities. We have made arrangements to allow donations to be made to non-member charities through the BenevolentGiver Foundation, who will collect Gift Aid on their behalf. The BenevolentGiver Foundation provides a purely administrative role in collecting donations and reclaiming Gift Aid on behalf of the non-member charities.

When BenevolentGiver sends a donation to a non-member charity, BenevolentGiver will send the non-member charity a cheque for the donation plus the Gift Aid, minus BenevolentGiver ‘s standard 5% fee (see the “Gift Aid and tax” section above). If the non-member charity accepts the donation by cashing the cheque an agreement will be formed with BenevolentGiver. If they do not accept the cheque they will not enter into any agreement with BenevolentGiver and the donation will not be processed. It may take up to six months from when BenevolentGiver passes your donation on to the charity to confirm that the donation will not be processed as cheques are valid for this period. If the non-member charity sends the cheque back to BenevolentGiver earlier, BenevolentGiver is unable to make payment or doesn’t feel it is appropriate to pass on a donation (for example, if a charity has been de-registered by the Charity Commission or has a sanction listed against them) then BenevolentGiver will contact you so as to return the donation to you. If BenevolentGiver is unable to contact you then BenevolentGiver will select an appropriate alternative charity to pass the donation to.

BenevolentGiver (applies to the UK only)

BenevolentGiver is one of SALAAM Television & Magazine LTD’s associated services. It is a text giving service that processes donations and BenevolentGiver reclaims Gift Aid on behalf of the charities featured on it. BenevolentGiver does not currently charge charities or donors for this service, although BenevolentGiver reserves the right to charge the transaction fee in the future. If BenevolentGiver does decide to charge for the service, BenevolentGiver will tell you in advance.

Text donations may be refunded in certain circumstances (such as where the donation was sent from your mobile phone by mistake or without your permission) at the absolute discretion of your mobile phone operator. If you wish to request a refund you should contact your mobile phone operator to discuss this with them. There is no obligation for your mobile phone operator to provide a refund and they may choose to refund only part of the donation if they wish. Because BenevolentGiver pays donations made via text to charities regularly, we regret that we can only refund a text donation if the charity expressly requests it, and they can pay us back. Please get in touch with the charity first.

Your mobile operator will pass 100% of the text donation onto BenevolentGiver. The minimum text donation is GBP £1 and all donations must be in whole pounds sterling. The maximum text donation allowed is GBP £10 for all mobile operators. Donations sent via text will usually incur your standard text message fee. Please refer to your tariff for details of your standard text message fee.

After you send a donation via text, BenevolentGiver will send you a text message in response, confirming your donation and providing you with the opportunity to add Gift Aid to your donation. BenevolentGiver will include a link to a Gift Aid page where you can provide your details to enable BenevolentGiver to collect Gift Aid on your behalf. Alternatively, BenevolentGiver may send you a text message asking if you would like to add Gift Aid to your donation and to reply to this text message giving your name, address and postcode. For each reply you send to BenevolentGiver text messages regarding Gift Aid your mobile operator will charge you one standard text message fee.

User conduct – you, as a user of the Website, must not provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by the donor unless you have obtained any necessary licence or permission, you comply with all applicable laws, and your fundraising page makes clear to donors that they cannot claim Gift Aid on their donation as it is in return for something.

BenevolentGiver fees – All payments referred to in these Terms of Service are exclusive of Value Added Tax, where applicable.

Disclaimer and Limitation of Liability – The times at which BenevolentGiver shall undertake general maintenance and upkeep of the Website will usually be between 12.00 am and 08.00 hours (GMT) at the weekends.

Governing law – These Terms of Service and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by English law and are subject to the non-exclusive jurisdiction of the English courts.

ADDITIONAL TERMS FOR BENEVOLENTGIVER CROWDFUNDING PAGE CREATORS (APPLIES TO THE UK ONLY)

If you create a BenevolentGiver Crowdfunding page on the Website the following additional terms will apply to your dealings with BenevolentGiver in relation to the relevant BenevolentGiver Crowdfunding page and your use of the Website and associated services. To the extent there is any conflict between these additional terms and the core Terms of Service, these additional terms will prevail.

Donations and bank Trust Funds Accounts

BenevolentGiver will:

  • Maintain Trust Funds Accounts at Barclays Bank PLC in London in relation to donations made to your BenevolentGiver Crowdfunding page. These are bank accounts in which monies (other than the interest accruing on such monies) are held on trust for BenevolentGiver Crowdfunding page creators and other Causes and do not belong to BenevolentGiver;
  • Operate the Website so that donors can make online donations by credit or debit card, or by another payment method available on the Website, through your BenevolentGiver Crowdfunding page;
  • • Set up arrangements to ensure that all donations received by BenevolentGiver (after deduction of payment processing charges, BenevolentGiver’s transaction fees as set out below and applicable sales taxes) are:
    • Paid into the Trust Funds Accounts and are held on trust for your BenevolentGiver Crowdfunding; and
    • Paid out from the Trust Funds Accounts by bank transfer to your bank account, or by any other payment method that you have selected via the Website (for example, payment to a PayPal account that you have connected to your BenevolentGiver Crowdfunding Page). Such payments will normally be made no later than 10 business days after the end of the funding period for the BenevolentGiver Crowdfunding page, provided that you have passed identity verification and other necessary checks. If you do not pass these checks by the end of the funding period, BenevolentGiver will normally notify you of this and give you a further period of time (usually five (5) months) to pass the checks. Towards the end of this period, you will receive a final reminder by email letting you know that you have seven (7) days left to pass. If you take no action or still do not pass by the end of these 7 days, BenevolentGiver shall apply the donations made to your BenevolentGiver Crowdfunding page to another Cause instead (or refund the donors if they prefer); and
  • Provide information systems design, testing and verification standards and requirements in accordance with good industry practice to ensure that donors’ credit cards, debit cards and other payment types are debited and the Trust Funds Account is credited in a secure manner.

Support and Donation Acknowledgements

BenevolentGiver will: 

  • Send prompt email acknowledgements to donors in respect of each donation made to the BenevolentGiver Crowdfunding page via the Website; and
  • Respond, either by email or telephone as appropriate, on your behalf to donors’ account enquiries received by BenevolentGiver, in accordance with the Contact Us page on the Website.

Personal Information

BenevolentGiver will: 

  • Capture personal information including but not limited to the donor’s name, title, address and email address (“Personal Information”) at all times in accordance with the Data Protection Act 1998 and related legislation, regulatory requirements and guidance as updated and amended from time to time (“Privacy Laws”) and protect and secure such information. For the avoidance of doubt this paragraph does not imply that BenevolentGiver will share such information with you and/or the BenevolentGiver Crowdfunding page;
  • Not sell, trade or rent Personal Information to third parties.

Compliance

  • BenevolentGiver will comply at all times with all applicable laws relevant to fund-raising and any authority, licence, permit or registration requirements, as amended from time to time; and
  • BenevolentGiver may, at its sole discretion, evaluate your BenevolentGiver Crowdfunding page and/or the underlying project or cause and decide whether or not to host it on the Website.

Intermediary

BenevolentGiver, as the operator of the Website and associated services, acts as an intermediary between you and the individual users of the Website and associated services and, whilst your and/or the BenevolentGiver Crowdfunding page and the individual user information resides on the Website or associated services, BenevolentGiver does not check or exercise any editorial control over the content of such information, save as required by applicable laws. In the event that BenevolentGiver is made aware of or has knowledge of any unlawful activity or information on the Website or associated services, BenevolentGiver shall act to remove or disable access to the information. BenevolentGiver shall not be liable to you or the BenevolentGiver Crowdfunding page as a result of its role as intermediary.

BenevolentGiver Crowdfunding creator obligations

You agree that:

  • Where applicable, you shall ensure that any person or organisation for which you have created a BenevolentGiver Crowdfunding page agrees to you raising funding on its behalf for the purposes set out on your BenevolentGiver Crowdfunding page;
  • If your use of the Website and/or associated services results in access to any Personal Information you shall: (i) at all times assist with the responsibilities of BenevolentGiver, as a data controller responsible for determining how the Personal Information is processed under the provisions of the Privacy Laws; (ii) not do, or cause or permit to be done, anything which may result in a breach by BenevolentGiver of the Privacy Laws and comply with all reasonable instructions from BenevolentGiver relating to the processing by you and/or the BenevolentGiver Crowdfunding page of such Personal Information; (iii) comply with the Privacy Laws in respect of your and/or the BenevolentGiver Crowdfunding page’s collection, use, disclosure or processing of the Personal Information; (iv) abide by the lawful instructions of all data subjects in respect of the Personal Information and not do anything to compromise the security of such information; (v) not sell, trade or rent Personal Information to third parties; (vi) hold the Personal Information securely and not disclose it to anyone other than BenevolentGiver, as agreed to by the data subject and/or as permitted by Privacy Laws; (vii) implement adequate security, technical and organisational measures against all unauthorised, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with Privacy Laws, and abide by BenevolentGiver’s reasonable requirements to ensure the security of the Personal Information as notified to you from time to time; (viii) use Personal Information appropriately and only for the specific purposes as notified to you from time to time, including by way of the applicable privacy policy available on BenevolentGiver’s Website; (ix) only communicate with donors where they have agreed to receive further communications from you and/or the BenevolentGiver Crowdfunding page, and only to the extent that they have indicated their preference to do so (for example in relation to communications for a specific fundraising event only); (x) not retain any Personal Information for longer than is necessary; and (xi) to the extent legally permissible, you shall indemnify and hold harmless BenevolentGiver, its successors and assigns, from and against all losses, costs and other damage caused by your and/or the BenevolentGiver Crowdfunding page’s breach of this paragraph; and
  • You shall maintain any necessary authority, permit, licence, consent, approval and registration for you to fundraise (and, where applicable, for BenevolentGiver to fundraise on your behalf) in accordance with applicable laws and if BenevolentGiver needs any such authority, permit, licence, consent, approval or registration for it to fundraise on behalf of the BenevolentGiver Crowdfunding page then you will, at no cost to BenevolentGiver, provide all such assistance as BenevolentGiver reasonably requires to assist BenevolentGiver with the same. You agree that you shall inform BenevolentGiver immediately if, for any reason, you and/or the BenevolentGiver Crowdfunding page cease(s) to maintain the necessary authority, permit, licence, consent, approval and/or registration to operate the fundraising activities in relation to the BenevolentGiver Crowdfunding page in accordance with applicable local laws.
  • By building a BenevolentGiver Crowdfunding page you represent, warrant and undertake to BenevolentGiver and the users of the Website that:
    • you are 18 years of age or over;
    • you are a UK resident;
    • each time you use the Website or associated services, and in particular when you create a BenevolentGiver Crowdfunding page, you will comply with BenevolentGiver’s guidelines that apply to BenevolentGiver Crowdfunding pages at that time (currently available here);
    • you will provide feedback via your BenevolentGiver Crowdfunding page on the Website, including at the end of the fundraising period to explain what outcome has been or will be achieved as a result (including how any funds raised in excess of your target will be used); and
    • that all donations provided to the BenevolentGiver Crowdfunding page will be used for the purposes set out on your BenevolentGiver Crowdfunding page. You further represent, warrant and undertake that no fraudulent, criminal or otherwise improper uses will be made of donations made via your BenevolentGiver Crowdfunding page.

The licence of Trademark and Copyrighted Material

You hereby grant to BenevolentGiver, its affiliates and its partners a non-exclusive licence to use any of your BenevolentGiver Crowdfunding page’s trademarks and any copyrighted material on your page (including images and videos or any link to the same) solely in connection with the Website and associated services and its operation and promotion and for no other purpose whatsoever.

The licence shall terminate automatically on expiry or termination of these Terms of Service or the removal of your BenevolentGiver Crowdfunding page from the Website in accordance with these Terms of Service.

Fees

In consideration of using the Website and associated services, you shall pay a transaction fee to BenevolentGiver of 5% of the gross amount of every donation.

BenevolentGiver is, subject to applicable laws, hereby authorised to deduct the transaction fee together with applicable taxes and payment processing charges from the donations provided to you under these Terms of Service.

Disclaimer and Limitation of Liability

Notwithstanding the provisions of the “Disclaimer and Limitation of Liability” section of the core Terms of Service, BenevolentGiver’s total liability to you arising under or in connection with these Terms of Service, so far as such liability arises out of or relates to your creation and/or use of a BenevolentGiver Crowdfunding page, shall be limited to the total fees paid by you to BenevolentGiver under these Terms of Service for your use of the Website and associated services during the preceding 12 month period ending on the date the circumstances giving rise to the liability arose.

Confidential Information 

During the funding period of your BenevolentGiver Crowdfunding page and for a period of seven (7) years thereafter, the parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of the Website and associated services and which is not in the public domain. No party shall use or disclose to any third party such information belonging to the other party without that party’s prior written consent, except where required to do so by applicable law, including, without limitation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, or regulatory or governmental body. This paragraph shall survive termination of these Terms of Service.

Termination

BenevolentGiver reserves the right, at its sole discretion, to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services, including for example by removing any BenevolentGiver Crowdfunding page from the Website. BenevolentGiver will only exercise this right where there is a breach or suspected breach by you of these Terms of Service (including where there is any actual or suspected fraudulent, criminal or improper use of the Website or associated services) or where BenevolentGiver has any other legitimate reason to do so. These Terms of Service shall terminate automatically upon the removal by you or BenevolentGiver of your BenevolentGiver Crowdfunding page from the Website. These Terms of Service will continue to apply to past use by you.

Upon termination or suspension or denial of access to the Website and associated services, funds already received on your behalf by BenevolentGiver will be handled in accordance with the provisions above, provided that any potential payment (where applicable) may be delayed where BenevolentGiver conducts an investigation regarding your use of the Website and associated services and BenevolentGiver may decide to refuse to pay funds across to you where you have breached these Terms of Service or your BenevolentGiver Crowdfunding page has been removed. In such circumstances, BenevolentGiver may authorise a refund of donations to donors.

Last updated: 23 June 2020