Charity Giving Terms & Conditions
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Charity Giving’s Obligations
Donations and Bank Accounts
1.1. Charity Giving will maintain bank accounts for donations made to causes, Charity Giving Crowdfunding and Charity fundraising pages. These are bank accounts in which monies (other than the interest accruing on such monies) are held separately for the sole purpose collecting monies on behalf and for the benefit of Charity Giving fundraising beneficiaries (charities and/or crowdfunding page beneficiaries). For the avoidance of doubt, these monies are kept separate from any Charity Giving operational funds and are not used to support Charity Giving company activities in any way.
1.2. Charity Giving will operate the Charity Giving Services so that donors can make online donations by credit or debit card, or by any other payment method made available by Charity Giving, through a Fundraising Page set up for the Charity or on the Charity's area on the Charity Giving website. Use of the Charity Giving Services is on an “as is” and “as available” basis.
Charity’s Obligations – General
1. The Charity will ensure that all content (including text and images) it supplies to Charity Giving for display on the Charity Giving Services or that it posts on any of the Charity Giving Services (including, in each case, links to any third party sites or content) will not violate any law or regulation or be defamatory, misleading, obscene or breach any intellectual property rights of a third party or breach any right of or duty owed to a third party.
2. The Charity will provide written confirmation to Charity Giving of any donations that it permits Charity Giving to reimburse to the donor. Charity Giving will not permit refunds without prior written consent from the Charity, unless required by applicable local laws.
3. Subject to local applicable laws, the Charity will permit Charity Giving to deduct such refunds, and any chargebacks arising, from subsequent donations payable to the Charity. Should no donations arise within one (1) week of the refund or chargeback Charity Giving reserves the right to direct debit the Charity’s bank account, or invoice the Charity for the refunds and chargebacks, and the Charity agrees to settle that invoice within one (1) week of the invoice date. The Charity agrees that donations received will not be paid out to the Charity until all charges for refunds and chargebacks are settled.
4. The Charity will maintain the necessary authority, permit, license, consent, approval and registration for it to fundraise (and, where applicable, for Charity Giving to fundraise on its behalf) in accordance with applicable local laws and if Charity Giving needs any such authority, permit, license, consent, approval or registration for it to fundraise on behalf of the Charity then the Charity will, at no cost to Charity Giving, provide all such assistance as Charity Giving reasonably requires to assist Charity Giving with the same.
5. The Charity will inform Charity Giving immediately if, for any reason, it:
a. ceases to carry on operating for charitable purposes;
b. is found to be engaged in any corrupt or immoral practices;
c. is subject to any investigation or inquiry which could result in the necessary authority, permit, license, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws being suspended, revoked or withdrawn; or
d. ceases to have the necessary authority, permit, license, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws.
e. The Charity will promptly provide any information reasonably requested by Charity Giving in order for Charity Giving to be able to provide the Charity Giving Services to the Charity effectively.
f. The Charity will ensure that, in each case where a donor is advised that his/her donation will be used for a specific purpose, appeal or outcome (including but not limited to all Charity Giving Campaign pages), the donation is used only for that specific purpose, appeal or outcome.
g. The Charity will comply with all applicable laws and regulations in its use of the Charity Giving Services.
h. The Charity will maintain the security and confidentiality of any passwords provided by Charity Giving for the purpose of accessing the Charity Account and shall not share these passwords with any third party. Charity Giving shall not be liable for and accepts no responsibility for misuse of any Charity Account.
6. The Charity represents, warrants and undertakes to Charity Giving that:
a. these Terms and Conditions have been accepted and agreed to by a sufficient number of its duly authorized representatives; and
b. any documents provided to Charity Giving as part of the Charity’s application for registration or maintenance of such registration) have been or shall be executed by a sufficient number of its duly authorized representatives.
Charity’s Obligations – Data Protection and Direct Marketing
1. Charity Giving is a data controller under applicable Global Privacy Laws with respect to all Personal Information collected in connection with the Charity Giving Services. If Charity Giving makes available any Personal Information to the Charity, the Charity becomes a data controller with respect to such Personal Information, subject to these Terms and Conditions. To the extent that the Charity’s use of the Charity Giving services results in access to any Personal Information, the Charity will:
a. at all times assist with the responsibilities of Charity Giving, as a data controller responsible for determining how the Personal Information is processed under the provisions of the Global Privacy Laws;
b. not do, or cause or permit to be done, anything which may result in a breach by Charity Giving of the Global Privacy Laws and comply with all reasonable instructions from Charity Giving relating to the processing by the Charity of such Personal Information;
c. comply with the Local Privacy Laws in respect of the Charity's collection, use, disclosure or processing of the Personal Information;
d. 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;
e. not sell, trade or rent Personal Information to third parties;
f. hold the Personal Information securely and not disclose it to anyone other than Charity Giving, as agreed to by the data subject and/or as permitted by Global Privacy Laws;
g. implement adequate security, technical and organizational measures against all unauthorized, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with Global Privacy Laws, and abide by Charity Giving's reasonable requirements to ensure the security of the Personal Information as notified to the Charity from time to time; and
h. use Personal Information appropriately.
2. In addition to its obligations under Section 3.1 above, if the Charity’s use of the Charity Giving Services results in access to any Personal Information and the fundraiser or donor has agreed to receive marketing communications from the Charity (as will be reflected in the Charity Account), the Charity, in compliance with Global Privacy Laws, will only send marketing communications to the fundraiser or donor to the extent that the fundraiser or donor:
a. has indicated their preference to receive such communications; and
b. has not indicated a preference or otherwise asked to stop receiving such communications. This includes the fundraiser or donor clicking an unsubscribe link or registering with any applicable preference service (which the Charity agrees it shall, to the extent it is required to do so, check before sending any communications).
Where use of the Charity Giving services results in access to any Personal Information relating to a fundraiser but that fundraiser has not agreed to receive marketing communications from the Charity, as will be reflected in the Charity Account, the Charity shall only communicate with that fundraiser in relation to their specific fundraising page and shall not (unless separate consent is obtained by the Charity) communicate with that person for any other purpose (including marketing).
Intellectual Property Rights
1. Trademarks and Service Marks
a. Certain trademarks are the service marks and trademarks of Charity Giving. All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Charity Giving. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from these Website without the prior written authorization of Charity Giving or their respective owners.
a. Except as otherwise expressly stated, all Content appearing on the Website – including all scripts, videos and similar materials, is the copyrighted work of either Charity Giving or third-party partners and suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Charity Giving, and is protected by U.S., and international copyright laws. Except as otherwise expressly stated herein or as expressly permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Charity Giving, or any applicable third-party suppliers or authorized users. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Charity Giving. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Charity Giving does not warrant nor represent that your use of any Content or materials displayed on the Website will not infringe rights of third parties.
You can make an online donation to Charity Giving. Charity Giving has engaged the services of third-party payment service provider(s) to process all donation/payment transactions. Charity Giving is not affiliated with any such third-party payment service provider(s), and neither is the agent or employee of the other, and Charity Giving is not responsible in any way for the actions or performance (or lack thereof) of such third-party payment service provider(s). Accordingly, Charity Giving expressly disclaims responsibility and liability for all payment processor services, and you hereby agree that Charity Giving shall not be responsible for any loss or damage of any sort incurred as a result of such services. Additionally, since such third-party payment service provider(s) will have access to the information you provide to them when donating, you should not donate if you are not comfortable with sharing your information with these third parties.
1.3. The Charity agrees that the Charity Giving Services are provided on an "as is" and "as available" basis and that its use of the Charity Giving Services is at the Charity's sole risk. Charity Giving does not guarantee continuous, uninterrupted, error or virus free or secure access to the Services and operation of the Charity Giving Services may be interfered with by numerous factors outside of Charity Giving’s control. Except as expressly set out in these Terms and Conditions, CHARITY GIVING DOES NOT ENTER INTO CONDITIONS, WARRANTIES OR OTHER TERMS IN RELATION TO THE CHARITY GIVING SERVICES, AND THEY ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
1.4. Charity Giving may change the format and content of the Charity Giving Services from time to time. In particular, the Charity should refresh its browser each time it visits the Website to ensure that the Charity downloads the most up to date version of the Website, including the latest version of these Terms and Conditions.
Suspension of Charity Giving Services
Charity Giving may, in its sole discretion, without liability to the Charity, suspend the operation of any of the Charity Giving Services in full or in part at any time, for example but without limitation for repair or maintenance work or in order to update or upgrade the contents or functionality of the Charity Giving Services from time to time.