1We 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 'Good Cause Terms' which govern the relationship between Easyfundraising and users registered on our website as good causes, such as charities, schools, sports clubs or community groups (hereafter, 'Good Causes').
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 members of the public who are registered with the Website ('Supporters') to raise money for 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 Supporters do certain things ('Actions') Retailers pay monies to Easyfundraising as commission and Easyfundraising will pay such agreed proportion of these monies to the nominated Good Causes (a 'Donation') subject to these Terms. Easyfundraising retains part of the monies paid to it by Retailers before passing on any Donation to a Supporter’s Good Cause.
2. This is a Binding Contract: By registering as a good cause, the Good Cause agrees to be bound by these Good Cause Terms which constitute a binding contract between the Good Cause and Easyfundraising. By agreeing to these Good Cause Terms, the Good Cause is also agreeing to be bound to the following terms:
2.1. the ' Website Terms' , which relate to what Good Causes, all other Supporters and visitors to the Website may and may not do in relation to the Website and its content;
2.3. any 'End User Software Licence' which relate to Good Causes' 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 GOOD CAUSE
3. Good Cause Administrator: In order to register as a Good Cause, a person duly authorised to act on behalf of the Good Cause (a 'Good Cause Administrator') must complete our registration form on behalf of the Good Cause and the Good Cause's application must be accepted by us. It is acknowledged by Easyfundraising that Good Cause Administrators may be required to act on behalf of the Good Cause from time to time. By completing a registration form and by acting as a Good Cause Administrator, the Good Cause Administrator promises that he or she:
3.1. is aged 16 or over;
3.2. resides permanently in the United Kingdom;
3.3. has provided Easyfundraising with information on the Good Cause that is true, accurate and up-to-date, including the legal name of the Good Cause, the Good Cause Administrator's name and email address;
3.4. has the authorisation and authority to act on behalf of the Good Cause, is only seeking to become a Good Cause Administrator on its own account with respect to that Good Cause (being the Good Cause whose details are provided in the registration form) and is empowered to enter into this agreement with Easyfundraising on behalf of the Good Cause. Easyfundraising shall have no liability for any claims, losses or damage suffered by a Good Cause as a result of breach of this sub-paragraph.
4. Good Cause Administrators are also Supporters: Whilst a Good Cause Administrator will be able to use their account to administer their Good Cause’s fundraising activities, a Good Cause Administrator's account can also be used in the same way as a Supporter's Account. To the extent that a Good Cause Administrator uses its account as a Supporter, the Supporter Terms shall apply and the Good Cause Administrator agrees to comply with the Supporter Terms.
5. Good Cause requirements: By accepting these Good Cause Terms, the Good Cause promises that it:
5.1. is based in the United Kingdom;
5.2. only has one account registered on Easyfundraising;
5.3. has not previously had an account with Easyfundraising terminated under paragraph 24 below;
5.4. has a bank account active in its own name for the purpose of receiving Donations;
5.5. has provided accurate details of the reason the Good Cause was established (the 'Purpose'), the name of the Good Cause, the Good Cause's geographical location and address and details of the Good Cause's registration as a charity, company or other corporate body (as applicable);
5.6. has a Purpose which is 'unselfish', which does not violate any applicable law and/or which is not otherwise: obscene, fraudulent or misleading, offensive, hateful, discriminatory, inflammatory or a promoter of violence, gambling or sexually explicit material. The Website is a fundraising tool and is not intended to be used for private, personal or commercial gain. Easyfundraising reserves the right, at its absolute discretion, to decide whether it considers a Good Cause's Purpose to be 'unselfish'; and
6. Changes to the Good Cause and protecting the Good Cause account:
6.1. It is the Good Cause's responsibility to inform us of any changes to its information (including if the Good Cause Administrator changes). You can do this using the “My Account” section of the Website.
6.2. It is the Good Cause’s responsibility to keep its log-in account details secure. Any such details must be treated as confidential and not disclosed to any third party. We have the right to disable any account at any time if in our reasonable opinion a Good Cause has failed to comply with this paragraph. If a Good Cause knows or suspects that any third party knows its user ID or password then it must change it immediately or promptly notify us by sending an email to firstname.lastname@example.org . We will have no liability to a Good Cause for any claims, losses or damage caused to a Good Cause as a result of a Good Cause’s breach of this paragraph 6.
7. Investigation: Although Easyfundraising shall use its reasonable endeavours to ensure that the Good Cause complies with its obligations under this Section B, Easyfundraising has no duty or responsibility to investigate or ascertain whether the Good Cause complies with such requirements. Easyfundraising shall have the right to request any such documentation as it deems relevant to confirm the status of the Good Cause (including that of the Good Cause Administrator) or to confirm the compliance by the Good Cause with these Good Cause Terms. If the Good Cause or Good Cause Administrator does not provide such information Easyfundraising may, if the Good Cause already has an account, suspend access to such account until such information is provided or, alternatively, terminate the account and, if the Good Cause does not have an account, refuse the registration application as a result.
8. Acceptance by Easyfundraising as a Good Cause: Easyfundraising is under no obligation to accept any application to become a Good Cause. Please note that Easyfundraising may reject a Good Cause's application at its absolute discretion. Easyfundraising is under no obligation to disclose the basis upon which any decision to refuse registration of a Good Cause was made. If the Good Cause's application for registration is accepted we shall send the Good Cause Administrator an email to confirm registration (containing a link to these Good Cause Terms).
SECTION C: GOOD CAUSES' USE OF THE WEBSITE
9. Access and use of the Website: Subject to these Good Cause Terms, Easyfundraising shall use its reasonable skill and care in making the Website and its features available to Good Causes and Supporters. Full details of the Donations to Good Causes which may be triggered as a result of Supporters' Actions are available on the Website. A Good Cause’s continued use of the Website is subject to compliance with the Website Terms.
10. Easyfundraising Materials: Easyfundraising provides a range of additional tools, documents and software for Good Causes to use under the licence described in the Website Terms, many of these are contained in the 'Raise More' section of the Website (the “Easyfundraising Materials”). 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.
11. Activation of Good Causes' use of the Website: Supporters may begin raising Donations for the Good Cause 24 hours after receipt of the notification that the Good Cause has been accepted by Easyfundraising. Full details of the Donations to Good Causes which may be triggered as a result of Supporters' Actions are available on the Website. Once the Good Cause is registered Supporters may raise Donations for Good Causes in a number of ways which are further described in the Supporter Terms.
12. Donations using Easysearch: Good Causes may also receive Donations in respect of the use of Easyfundraising's 'Easysearch' feature . Good Causes should note that visitors to Easysearch do not need to be Supporters for Donations to accrue to the Good Cause. Visitors to Easysearch need only select the Good Cause before they undertake a search. Use of Easysearch is subject to the Easysearch Terms.
14. Retailers: We use our reasonable endeavours to ensure that all of the Retailers providing offers to Supporters are reputable, Easyfundraising does not want to work with any Retailer which Easyfundraising feels does not meet such criteria and so 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 not responsible if the Retailer does not report Supporters' Actions to us, or if the Retailer does not pay the Donations payable as a result of Supporters' Actions.
SECTION D: PAYMENT OF DONATIONS
15. Payment of Donations: We split the year into four quarters and at the end of each quarter we add up the total amount of Donations which each Good Cause is eligible to receive. If a Good Cause has raised more than £15 in Donations within the quarter, we shall make a payment to the Good Cause within 90 days after the end of the quarter. If a Good Cause has raised less than £15 in Donations we shall carry this balance forward to the next quarter until the Good Cause has raised £15 in Donations. Each Good Cause can elect to be paid by BACS or Cheque. The Good Cause shall ensure that all its payment details are accurate prior to any payments being made by Easyfundraising. Easyfundraising accepts no liability in respect of payments made incorrectly where the Good Cause provides incorrect BACS details or other incorrect payment information.
16. Quarters: The quarters are as follows:
16.1. Q1 is from 1 January - 31 March (paid at the end of June)
16.2. Q2 is from 1 April - 30 June (paid at the end of September)
16.3. Q3 is from 1 July - 30 September (paid at the end of December)
16.4. Q4 is from 1 October - 31 December (paid at the end of March)
Easyfundraising will endeavour to make payments within the timescales listed above, but may delay payments where it considers unusual activity to have taken place within a Good Cause’s account or if it requires additional information from the Good Cause in order to ensure that payments are made correctly.
17. Deductions from Donations: We reserve the right to make deductions or withhold payments in respect of any Donations which are payable by Easyfundraising to a Good Cause in any circumstances where:
17.1. a Supporter has not completed an Action;
17.2. the Action giving rise to the Donation is subsequently cancelled or charged back to the Retailer;
17.3. a Retailer does not pay the Donation to Easyfundraising. We shall use our reasonable endeavours to recover Donations from Retailers but we do not warrant that we are always able to recover all Donations. If the Donation is paid at a later date then we shall only endeavour to pay on the relevant Donation to the Good Cause if it remains registered on the Website;
17.4. a Retailer becomes insolvent or ceases to continue to trade; or
17.5. Easyfundraising reasonably believes that such Donation has been accrued as the result of any breach of these Good Cause Terms, and in particular any act of fraud.
19. Uncashed Cheques: Easyfundraising shall use its reasonable endeavours to contact Good Causes (using the information provided by the Good Cause) to prompt Good Causes to cash cheques which have been sent to Good Causes by Easyfundraising. If a cheque has been sent by Easyfundraising to a Good Cause and the cheque has not been cashed within twelve months of the cheque being sent to the Good Cause then Easyfundraising may cancel the cheque and such monies shall be paid to other Good Causes (at Easyfundraising's discretion).
20. VAT: For the avoidance of doubt, no VAT is payable on Donations, nor are Donations payable by Retailers in respect of VAT which they have been paid.
SECTION E: PUBLICITY
21. The Good Cause grants Easyfundraising a royalty-free licence to use any of the Good Cause's trade marks (whether registered or unregistered) or Content which the Good Cause has uploaded to the Website, throughout the world, for the sole purpose of issuing publicity in respect of Easyfundraising's provision of services to the Good Cause and to promote the Website and Easyfundraising. Easyfundraising shall immediately withdraw any such publicity upon written notice of the Good Cause.
SECTION F: CLOSING GOOD CAUSE'S ACCOUNTS, TERMINATION OR SUSPENSION OF GOOD CAUSE’S ACCOUNT
22. Closing a Good Cause account: Good Causes may close their account with Easyfundraising at any time by emailing Easyfundraising at email@example.com. We use our reasonable endeavours to close the Good Cause’s account within two weeks of receipt of the Good Cause's email.
23. Suspension of Good Cause account: Easyfundraising may, at our sole discretion, without liability, or prejudice to our other rights, suspend the Good Cause's use of the Website (in whole or in part) if: (a)in Easyfundraising's reasonable opinion, the Good Cause has breached (or Easyfundraising suspects the Good Cause may have breached) the provisions of these Good Cause Terms, in particular in relation to the obligations set out in paragraph 5.6; (b) a Good Cause's Account has been inactive for more than 6 months; or (c) Easyfundraising is carrying out maintenance of the Website. Suspension is not a waiver of any right of termination which Easyfundraising may have under these Good Cause Terms.
24. Terminating Good Causes' accounts: Easyfundraising may terminate Good Causes' accounts without liability:
24.1. immediately upon providing written notice if, in Easyfundraising’s reasonable opinion, the Good Cause has breached (or Easyfundraising suspects the Good Cause may have breached) the provisions of these Good Cause Terms;
24.2. immediately upon providing written notice if the Good Cause's account has been inactive for more than 12 months (in which case the Good Cause shall lose any information or Content within the account); or
24.3. upon providing one week’s written notice, at Easyfundraising's absolute discretion.
25. Effect of Termination or Suspension: The Good Cause shall remain entitled to receive Donations received by Easyfundraising accruing from the Donations received up to the date of termination or the date of suspension under paragraph 23. In the event of suspension which results in the reinstatement of the service the Good Cause shall be entitled to receive Donations received by Easyfundraising accruing from the Donations from the date on which the Good Cause’s account was reinstated. In the event of a termination, all licences for the Good Cause to use the Easyfundraising Materials shall come to an end and the Good Cause shall (and shall procure that its Supporters shall) destroy or delete any Easyfundraising Materials. If a Good Cause has not reached the £15 threshold for donations at the point the Good Cause's account is terminated, Easyfundraising shall allocate such monies as have been raised to other Good Causes (at Easyfundraising's discretion). The termination or suspension of these Good Cause 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.
26. Suspicious Transactions: Easyfundraising reserves the right, at its absolute discretion and at any time, to suspend or withhold payment of Donations to Good Causes in respect of a single or multiple transaction if Easyfundraising suspects (or has actual knowledge) that there has been a breach of these Good Cause Terms and specifically if it believes or suspects that fraudulent activity has taken place in relation to any transaction by a Good Cause, Supporter or Retailer.
SECTION G: LIMITATIONS AND EXCLUSIONS OF LIABILTY
27. Restriction on Limitations and Exclusions: Notwithstanding the other provisions in these Good Cause Terms, none of the exclusions or limitations in these Good Cause Terms shall exclude or restrict our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation or for any other liability that Easyfundraising cannot exclude or limit under any applicable law.
28. Exclusions of Liability: Easyfundraising excludes its liability to the Good Cause (and Good Cause Administrator) for any amount or kind of loss or damage including any direct, indirect, or consequential loss or damages (whether in tort, contract, or otherwise) including any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and that may result to Good Causes or a third party arising out of or in connection with:
28.1. Good Causes' use of the Website and any content on the Website (including actions or omissions of the Good Cause Administrator);
28.2. viruses that may infect Good Causes' computer equipment, software, data, or other property on account of Good Causes' (including the Good Cause Administrator’s) access to, use of, or browsing the Website or Good Causes (including the Good Cause Administrator’s) downloading of any material or tools from the Website;
28.3. 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);
28.4. Good Causes use of Easyfundraising Materials which may be downloaded from the Website. Easyfundraising is merely providing these Easyfundraising Materials and, once downloaded, Good Causes are responsible for their use and compliance with the provisions of the Website Terms;
28.5. breach of paragraph 6.2; and
28.6. any other loss or damage which these Good Cause Terms (or the Website Terms) otherwise state that, in respect of which, Easyfundraising has excluded or limited its liability for.
29. Limitation of Liability: Easyfundraising's total aggregate liability to each Good Cause (and each Good Cause Administrator) is limited to the greater of: (a) the total amount of Donations Easyfundraising has paid to that Good Cause on behalf of its Supporters in the 12 months prior to the action giving rise to liability; and (b) £50.
30. Force Majeure: Easyfundraising shall not be responsible for any breach of these Good Cause Terms caused by circumstances beyond its reasonable control.
31. 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.
32.No Warranties: Good Causes acknowledge that, whilst Easyfundraising will try to ensure that the information on the Website is relevant, accurate, complete and up to date, Easyfundraising gives no other warranties of any kind in relation to the accuracy, completeness, currency or reliability of any of the materials or listings on the Website, no endorsement of quality or of the products or services provided by Retailers or the financial stability of Retailers, or as to the performance of the Website. In particular, Easyfundraising gives no warranty as to how much money Good Causes will raise using the Website.
SECTION H: GENERAL
34. Governing Law and Jurisdiction: These Good Cause Terms and any dispute arising out of or in connection with these Good Cause Terms and the Good Cause's use of the Website shall be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If a Good Cause is not happy with the way we deal with any disagreement and wants to commence court proceedings, the Good Cause must do so in the courts of England and Wales.
If Good Causes have any questions in respect of these Good Cause Terms, the Good Cause Administrator should contact firstname.lastname@example.org