Giving Back Ltd – Terms and Conditions

Welcome to our website.  By continuing to browse it, or by applying for a Registration, paying an Event Fee,  registering for an Event, or donating Sponsorship (all as defined below), you are agreeing to these Terms and Conditions.  Accordingly, please read them carefully.  If there is anything which you are not willing to accept, or which you do not understand, please stop using the Site until you have contacted us and we have resolved your concerns.

1.    Definitions

a.    Charitable Organisation – means an organisation which is either:
i.    registered as a Charity with the Charity Commission for England and Wales, the Office of the Scottish Charity Regulator, or Her Majesty’s Revenue & Customs (‘HMRC’), or
ii.    treated as a charity by HMRC for tax purposes without the need to register as such.

b.    Charity – means a Charitable Organisation which has completed Registration and has not been De-Registered.

c.    Charity Account – means a secure area of the Site, accessible by GBL and the relevant Charity, containing a record of all Funds received on behalf of, and Commission charged and payments made to, the Charity.

d.    Charity Page – means a page on the Site which is created by a Charity using one of GBL’s charity page templates, for the purpose of describing the nature, objectives and achievements of the associated Charity, its plans for the future and ways in which Fundraisers and Supporters can support it.

e.    Commission – means the sums to be deducted by GBL before Funds are paid to the relevant Charity.  This falls into 2 separate categories:

i.    A flat rate commission of 3% (plus VAT at the then current rate) charged by GBL for providing the Site and processing the Funds.   
ii.    Debit and Credit card charges, equivalent to 2% (plus VAT at the then current rate) of the Funds.

f.    Data – means text, images, graphics, media or other content which is uploaded to the Site by a User.

g.    De-Registration – of a User means cancelling the User’s user name and password and removing that User’s Pages from public display.    ‘De-Register’ and ‘De-Registered’ should be interpreted accordingly.

h.    End Date – means the last date on which Sponsorship for that Event or Personal Challenge can be accepted, as displayed on the Event Pages or Fundraiser Page concerned.

i.    Event – means a fundraising event run by a Charity.

j.    Event Fee – means the fee charged by a Charity to attend or take part in the relevant Event.

k.    Event Page - means a page on the Site which is created by a Charity using one of GBL’s event page templates, for the purpose of promoting the Event and facilitating the collection of Funds.

l.    Fundraiser – means:
i.    any individual who uses the Site to register to attend or take part in an Event; and
ii.    any individual or group of individuals who are participating in an Event or undertaking a Personal Challenge and wish to create a page on the Site for the purpose of encouraging Supporters to give them Sponsorship.

m.    Fundraiser Page – means a page on the Site which is created using one of GBL’s fundraiser page templates, and is devoted solely to describing the nature of the Event or Personal Challenge which the Fundraiser is taking part in, and ways in which Supporters can provide Sponsorship.

n.    Funds – means Event Fees and Sponsorship.

o.    GBL- means Giving Back Ltd (Company Registration Number: 07828375), whose registered office is at The Gables, Bishop Meadow Road, Loughborough, Leicestershire LE11 5RQ.

p.    Net Funds – means Funds less Commission.

q.    Pages – means Charity Pages, Event Pages and Fundraiser Pages.

r.    Personal Challenge – means any personal challenge by a Fundraiser (including participation in an Event) for the purpose of raising Sponsorship.

s.    Registration – means registration of a User with the Site, which is at GBL’s absolute discretion and is subject to the User submitting the relevant application form via the Site and, in the case of a Charitable Organisation, paying to GBL the relevant registration fee.

t.    Site – means both in its current form and as amended by GBL at any time in the future in accordance with these Terms and Conditions.

u.    Supporter – means any organisation or individual who wishes to provide Sponsorship for a Charity via the Site, either directly or through a Fundraiser.

v.    Sponsorship – means the on-line payment through the Site, via accepted debit or credit cards, of donations to  a Charity either (a) selected by the Supporter or (b) associated with the relevant Event or Personal Challenge.

w.    User – a Charity, Fundraiser or Supporter
(All definitions may also be used in the plural, in which case, they should be interpreted accordingly.)

2.    Charities

a.    GBL will open a Charity Account for each Charity and provide it with a user name and password enabling it to access the Site and create up to 5 Charity Pages.

b.    Charities will also be able to create up to 5 Event Pages for each Event they wish to promote via the Site.

c.    Once GBL has both created the relevant Charity Account and updated the Site to show the Charity as capable of receiving Funds – something which GBL will aim to do as soon as is reasonably practical – the Charity will be able to collect  on-line payment of Funds through the Site, via accepted debit or credit cards.  These will be processed by GBL and paid to the relevant Charity in accordance with Section 9 below.

d.    GBL will be entitled to retain any interest earned on Funds and Gift Aid during the period between receipt and payment to the relevant Charity.

e.    Any chargebacks or other amounts rejected by the merchant acquiring banks for whatever reason will be referred back to the Charity concerned.  Any amounts due in respect of chargebacks will be deducted from payments made to the relevant Charity and, where there are insufficient funds in the Charity’s Charity Account to cover the chargeback, the Charity agrees to refund GBL with the outstanding sum upon demand.

f.    For environmental reasons, paper statements will not be provided.  However, details of all Funds, Commissions and payments - both made and due to the Charity, - will be available to Charities via their Charity Account.

g.    Following De-Registration, GBL’s only obligation will be to account to the Charity for any Net Funds due and payable to it, less any chargebacks or other sums due to GBL.  The Charity will be responsible for notifying Fundraisers and Supporters that it will no longer accept Funds through GBL.

3.    Gift Aid

a.    Where a Charity has provided GBL with the requisite authority and evidence of eligibility (completed and signed as required by HMRC,) GBL will make applications for, and receive payments of, Gift Aid on the Charity’s behalf.   Note: Applications for Gift Aid will be made monthly, but GBL has no control over the length of time HMRC takes to make the relevant payment.

b.    Gift Aid can only be claimed on Net Funds, and only where the Fundraiser or Supporter (as appropriate) is eligible and has completely and accurately completed the Gift Aid Declaration when making the payment.

c.    It will be the Charity’s obligation to deal with any queries raised by HMRC in relation to such applications and payments to the extent that GBL is unable to do so from information in its possession at the time.

d.    GBL will not be liable for any failure to secure any payment of Gift Aid on behalf of the Charity except to the extent that this results exclusively from the negligence of GBL, and then only to the extent of any payment which is neither recovered nor recoverable.

e.    All Gift Aid received by GBL on behalf of a Charity will be held, processed and paid to the relevant Charity in the same manner as Net Funds.

4.    Fundraisers

a.    Fundraisers may pay Event Fees via the Site, via accepted debit or credit cards, without completing Registration.

b.    Following successful application for Registration, a Fundraiser will be able, via their user name and password, to access the Site and create a Fundraiser Page for each Event or Personal Challenge they have chosen to collect Sponsorship for.

5.    Events

a.    By paying an Event Fee, the Fundraiser enters into a direct contract with the Charity which is organising the Event concerned.  GBL merely facilitates the two parties in entering into that contract via the Site, and has no control over the quality, safety or any other aspect of any Event.  GBL is not a party to any such contract and the publication of an Event Page on the Site is not an indication that GBL endorses that Event.  Fundraisers are strongly advised to read the terms and conditions associated with any Event they wish to take part in before paying the Event Fee.

b.    By registering for an Event, Fundraisers accept any and all risks associated with taking part in that Event.

c.    Charities must:
i.    make the Terms and Conditions of participation in their Event available on their Event Pages, including (but not limited to) their refund policy in respect of an Event Feepaid for an Event which is cancelled or in which the Fundraiser is ultimately unable or unwilling to take part for any reason;
ii.    take all reasonable steps to ensure the health and safety of the Fundraisers who participate in their Events; and
iii.    act in good faith to Fundraisers and Supporters.

d.    Because GBL is not itself involved in running Events, and is not a party to any contract with the Fundraiser in relation to his or her participation in any Event, GBL will only be liable to Users in very limited circumstances.  (Please see Section 14 below.)

6.    Personal Challenge

Personal Challenges are a great way for Fundraisers to encourage Sponsorship for their favourite Charity or Charities.  However, Fundraisers are responsible for ensuring that their activities do not place themselves or others (or the property of themselves or others) in danger.  The publication of a Fundraiser Page on the Site which relates to a Personal Challenge, is not an indication that either GBL or the associated Charity endorses the Personal Challenge involved.

7.    Supporters

a.    Supporters may use the Site and give Sponsorship to a Charity – via any Charity Page, Event Page or Fundraiser Page associated with that Charity.

b.    GBL makes reasonable checks to verify the identity and banking details of Charities registered on the Site.  However, Supporters are recommended to contact the Charity directly to establish their credentials, before giving Sponsorship to an organisation of which they have no previous knowledge.

8.    User’s Promises

Each User promises that:

a.    All Data which the User uploads to the Site (including all information in any application for Registration and any current Pages on the Site) will:
i.    be owned by the User or licensed to the User ( without imposing any obligation on the part of GBL,) for that purpose;
ii.    be accurate and complete and not liable to result in injury or loss to GBL or any third party;
iii.    be regularly kept up to date to avoid GBL and any other User from being misled;
iv.    not be (and will not contain any links to other websites which may be) offensive, obscene, defamatory, illegal, in breach of any rights (including the right to confidentiality) of any third party, harmful, threatening, abusive or otherwise capable of bringing GSL or any User into disrepute.

b.    The User will:
i.    not, and will not allow anyone else, to make any changes to the Site other than those permitted in relation to its own Pages.
ii.    indemnify GBL against all losses, damages, claims, expenses and other losses GBL suffers to the extent that this is as a result of the User’s negligence or breach of these Terms and Conditions.
iii.    not offer goods or services (except tickets for or the right to participate in Events,) for sale directly via the Site, or use the Site to promote any form of gambling.
iv.    not use the Site to send junk email or ‘spam’ to anyone, to impersonate, harass or otherwise cause distress to anyone, or to upload any virus or other malicious code.
v.    take all reasonable precautions to prevent the loss or mis-use of the user name and password used to obtain access to the Site and to create or edit Pages or give Sponsorship.  GBL will not be responsible for the consequences of the unauthorised use of inadequately protected user names and passwords.

9.    Funds

a.    It is the Charity’s responsibility to ensure that the Net Funds it receives are used in accordance with its stated objectives. GBL has no influence over the Net Funds once they are paid over to the Charity concerned and Supporters should be aware that Charities reserve the right to use Net Funds for any of their authorised purposes.

b.    Funds can only be paid in pounds Sterling and Net Funds will be paid to the relevant Charity in the same currency by bank transfer.

c.    GBL reserves the right to refuse to process any transaction where it has reasonable grounds to suspect that fraudulent activity of any kind may be involved.

d.    The Net Funds received for each Charity will be held by GBL in a business account along with the Net Funds received for other Charities.  They will then be paid to the relevant Charities, within a month of the date on which they were received.

e.    As GBL passes all Net Funds to the relevant Charity, it is unable to refund Funds to any individual Fundraiser or Supporter.  Refunds will be dealt with by the relevant Charity in accordance with their own refund policy, and enquiries regarding refunds should therefore be addressed directly to them.

10.    Data Protection and Privacy

a.    GBL will only use the information which Users provide to it in connection with fulfilling its obligations under these Terms and Conditions. Please see GBL’s Privacy and Cookies Policy  for more information.

b.    Users are advised to protect their own sensitive information and to consider carefully before including any personal information on their Pages.  GBL has no control over how such information may be used by other Users or the public at large.

c.    Charities promise that any personal data they receive will only be used for the purposes for which the User consented.  Further, where a User subsequently withdraws any consent previously given, GBL will update the User’s details, and the Charity promises to cease using that information immediately and to delete the User’s details from its records at the earliest opportunity.  However, please note that GBL accepts no liability for any failure of a Charity to adhere to the promises it gives to other Users under this provision.

d.    Users promise to comply with the Data Protection Act 1998 and not to process or use Data which is collected by or obtained from the Site for any purpose in contravention of that Act.

11.    Pages

a.    It is the User’s obligation to ensure that they have the necessary computer functionality and personnel to enable them to create and maintain any Pages they create.  GBL does not have the manpower available to assist with this.

b.    Users are not entitled to alter the fundamental structure of their Pages and agree not to make any attempt to do so without GBL’s prior written consent.

c.    Users acknowledge that GBL does not (and has no liability to) pre-screen uploaded Data before publication.

d.    GBL reserves the right to remove Data or Pages which do not comply with these Terms and Conditions and, in the event of a serious breach or repeated breaches, to suspend or permanently De-Register the relevant User.

GBL reserves the right to remove any Event Pages and Fundraiser Pages without notice, at any time after any associated End Date or, if no such date is given, 3 months after the date or conclusion of the associated End Date or Personal Challenge.

12.    De-Registration

a.    Any User will be entitled to apply for De-Registration at any time.

b.    GBL will be entitled, without notice, to temporarily or permanently De-Register any User who,
i.    breaches these Terms and Conditions,
ii.    in the case of a Charity, loses its charitable status or has received no Funds via the Site during the previous two years.

When a User is De-Registered, GBL reserves the right to remove its Pages (and, in the case of a Charity, any associated Fundraiser Pages,) without notice.

13.    Intellectual Property Rights

a.    The design, layout, look, appearance, text, trademarks and graphics comprising the main part of the Site (ie those pages other than the Pages), the templates for the Pages, and the rights in the databases underpinning the operation of the Site each belongs to, or is licenced to, GBL.  No User has any right to use or reproduce them (either in whole or in part) except as permitted by these Terms and Conditions.  However, Charities and Fundraisers are granted a non-exclusive worldwide licence of the Giving Back logo for use in accordance with the Giving Back Brand Guidelines, for the sole purpose of informing potential Supporters that Sponsorship can be made via GBL.  GBL is entitled to terminate this licence at any time.

b.    Data remains the property of its owner(s) and must not be used or reproduced by any User without the owner(s) express consent. However, each User grants GBL a non-exclusive licence to use such Data for the purposes of operating the Site and other connected commercial or charitable activities.

c.    Copyright in any changes to the structure of any part of the Site made by any User – either with or without GBL’s consent - will be owned by GBL.

14.    Exclusions of Liability

a.    The Site exists to facilitate Users in raising money for Charities via a fee and commission-based fund-raising Internet portal.  Users therefore agree that GBL will not be held responsible for any errors or omissions in Data uploaded by other Users, or for the errors, activities or failings of any User.

b.    The publication of a Page does not imply that GBL endorses the User who created the Page or the User, Event or Personal Challenge referred to on the Page or the content of any websites which are linked to it.  

c.    Except as specifically set out in these Terms and Conditions, and to the extent permitted by English Law, GBL excludes all liability to the Users arising in any way from the publication of the Site, including (but not limited to) any loss or damage suffered by any User as a result of browsing the Site; completing a Registration; or organising, taking part in, failing to take part in, or sponsoring someone else to take part in, any Event or Personal Challenge.  (To avoid any doubt, GBL (by law) is not permitted to exclude liability for death or personal injury caused by its negligence, or for any fraudulent misrepresentation.)

d.    GBL will use all reasonable endeavours to keep the Site up and running at all times.  However, technology glitches and matters beyond the reasonable control of GBL can happen, and routine maintenance of the Site will require downtime.  Accordingly, Users access the Site at their own risk as GBL does not guarantee its continuous, uninterrupted, secure or error-free operation.   To the maximum extent permitted by English Law, GBL therefore excludes all warranties relating to its provision of the Site and the services provided via it.

15.    General Provisions

a.    No failure or delay by GBL in enforcing of any of these Terms and Conditions will prevent it from enforcing the same or any other provision at a later date.

b.    GBL cannot be held responsible for anything which is outside of its reasonable control.

c.    All of the Users are independent and GBL is not an agent for any of them.

d.    These Terms and Conditions are the entire basis of GBL’s contract with each User.  Accordingly, the content of any prior discussions, emails or other communications shall not – to the extent permitted by English Law – form part of the contract between GBL and the relevant User.

e.    GBL is entitled to modify, suspend or discontinue all or any part of the services provided via the Site at any time without notice or liability, provided that all sums accrued due to the Charities are paid in full (less any sums due to GBL from the relevant User) in accordance with these Terms and Conditions.

f.    GBL reserves the right to modify the content of the Site, or these Terms and Conditions, or both, at any time.  However, changes to these Terms and Conditions will not take effect until two months after notice of the changes was first published on the Site.  Users who do not advise GBL within that two month period that they do not accept the changes will be deemed to have accepted them.  Users who advise GBL that they are unable to accept the changes will be De-Registered by GBL when the changes come into effect.

g.    Users are advised to refresh their browser each time they visit the Site to ensure that they download the most up to date version of the Site and its Terms and Conditions.

h.    A person who is not a User has no rights under the Contracts (Rights of Third Parties) Act 1999.  However, all Users agree that all other Users have the right to enforce the provisions of these Terms and Conditions against one another.

i.    If any provision in these Terms and Conditions is illegal or unenforceable, then it will be automatically replaced with an alternative provision which is both legal and enforceable and achieves, to the extent possible, the intended effect of the original provision.

j.    These Terms and Conditions are intended to be interpreted in accordance with English Law, and only the English Courts shall be entitled to hear any disputes arising from them.

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