GivePenny is a fundraising website. In return for operating a website that allows Fundraisers to manage fundraising activities in exciting ways, we charge a small fee to charities of 5% of every donation, plus 5% of any Gift Aid we may reclaim on their behalf.
The GivePenny website attracts visits from people of all ages, sex, gender, race and religion. Please remember this when you upload content or post comments. If we find any offensive material, we will remove it and may terminate the user account of the person responsible. We remind all Fundraisers not to upload any third party content which they do not have permission to use (copyright material).
Hopefully we have covered the main points of how GivePenny works above. Inevitably there is more in our full terms and conditions and these are set out below.
In this document the following words shall have the following meaning:
|“Application”||means the GivePenny Fundraiser Application Form set out in Schedule 2.|
|“Dashboard Area”||means the page of the Website that provides a summary of profile details, profile settings, a summary of fundraising challenges (drafted, published and archived) and a fundraising summary.|
|“Donor”||means any individual or company who donates money to your chosen charity/ good cause.|
|“GivePenny”||means GivePenny Limited. Full details of GivePenny are given in Schedule 1. The references to “us” “our” and “we” all refer to GivePenny.|
|“GivePenny Cause Member”||means any charity/good cause which has accepted Givepenny’s terms and conditions|
|“GivePenny Fee”||means the amount equal to 5% of any donation (or other contribution) made through the website together with 5% of any Gift Aid reclaimed.|
|“Fundraiser”||means any event organiser. Full details of the Fundraiser are given in Schedule 2. The references to “You”, “your” and “yours” all refer to the Fundraiser.|
|“Services”||means the services which GivePenny gives to Fundraisers as described in this document.|
|“Website”||means the GivePenny website. Full details of the website are given in Schedule 1.|
A. HOW TO GET STARTED?
You do this by:
- Providing your contact details and clicking on the “Agree to our terms and conditions” button at the end of this Application. We strongly advise you to download and keep a copy of our terms and conditions for your records.
- Please note GivePenny reserves the right to ask you for further information, should the information provided by you in your Application be incomplete or ambiguous.
- GivePenny reserves the right without giving any notice or reason to decline your Application (see section 1 below).
- Once GivePenny is satisfied with your Application, you will be notified by e-mail that your Application has been successful. This e-mail will contain an activation link, which you will need to click in order to complete the registration process.
- If you have chosen to register with GivePenny using a third-party application (e.g. Facebook), your account will activate once we have received authorisation from that third-party (this normally occurs immediately).
B. WHAT WILL IT COST YOU?
- Nothing. Setting up an account on our Website is completely free.
C. WHEN CAN YOU SET UP A FUNDRAISING PAGE?
- Once GivePenny has accepted your Application you will be entitled to create a fundraising page on the Website.
D. WHAT ARE YOUR OBLIGATIONS TO GIVEPENNY?
- When you register with GivePenny you agree to all of our terms and conditions. You must abide by these at all times.
- In particular, your fundraising page on the Website must comply with these terms and conditions (see section 4 below). If at any time it fails to do so, GivePenny reserves the right to disable your fundraising page.
E. WHAT ARE YOU ALLOWED TO DO ON THE GIVEPENNY WEBSITE?
- Full details of GivePenny’s acceptable use policy can be found in Schedule 3. You must abide by that policy at all times.
F. HOW CAN DONORS USE GIVEPENNY TO DONATE?
- GivePenny will only accept donations through Stripe, PayPal or GoCardless. Stripe, PayPal and GoCardless charge transaction fees. For details of these charges, click here: www.givepenny.com/about
- Under no circumstances will GivePenny accept or handle payments made by cheque or in cash.
G. WHAT IS GIVEPENNY’S FEE?
- For every donation (or other contribution) GivePenny receives on your behalf, it will deduct a small fee, an amount equal to 5% of the aggregate of that donation and 5% of any applicable Gift Aid (or other contribution) (“GivePenny Fee”).
- GivePenny will offer all Donors who appear to GivePenny to qualify the opportunity to donate so that Gift Aid may be reclaimed by your charity/good cause.
H. WHAT HAPPENS TO DONATIONS?
- GivePenny will credit all donations made (minus the applicable GivePenny Fee) into its trustee account established with Barclays Bank for the benefit of charities and other good causes.
- GivePenny will then aggregate all donations (minus the GivePenny Fee) made through the Website and will transfer the net amount onto the relevant charities on a monthly basis.
I. HOW LONG WILL YOUR FUNDRAISING PAGE REMAIN ACTIVE FOR ON THE GIVEPENNY WEBSITE?
- Your web page will automatically remain active on the Website for a period of 6 months after your event has taken place. Please note you will still be able to attract donations during this period. Alternatively, you may decide to delete or archive your fundraising page manually at an earlier date. Details of how you can do this can be found on the Website on your profile’s Dashboard.
J. WHAT SHOULD YOU DO IF YOU ARE NOT HAPPY WITH OUR SERVICE?
- Maintaining a positive relationship with our Fundraisers is very important to us. If you have any concern about any aspects of our service, please contact us straight away so that together we can resolve any issue you might have. Email us at: email@example.com.If your issue cannot be dealt with within 3 business days we shall contact you to let you know. We shall aim to resolve all complaints within 14 business days. If this is not possible we will keep you informed of progress. If once we have dealt with your complaint you are unhappy then you may contact the Fundraising regulator https://www.fundraisingregulator.org.uk/
- Donations make their way to charities promptly through GivePenny, so we can only refund donations with the charity’s permission and then only if we have not paid the donation over to the charity. If you would like to organise a refund, please contact us directly. We will then liaise with your relevant charity to ascertain if a refund can be made. Full details of these provisions can be found in section 3.3-3.10 below.
L. HOW DO YOU TERMINATE THIS AGREEMENT WITH GIVEPENNY?
- You can do this at any time, by logging into your account and clicking on the ‘Delete Account’ option found under the settings tab. If you delete your account, we will endeavour to delete all personal data that GivePenny holds in relation to you.
FURTHER TERMS AND CONDITIONS
- 1.1 For you to be applicable to create a web page on our Website you must:
- (a) be 18 years of age or over;
- (b) be a UK resident, and
- (c) your good cause/charity must be based in the UK.
- 1.2 Before accepting your Application GivePenny reserves the right to ask you for further information, should the information provided by you in your Application be incomplete or ambiguous.
- 1.3 By providing information of any sort to GivePenny whether in your Application or otherwise you are warranting that the information is true, complete and not misleading.
2. OTHER TERMINATION RIGHTS
- 2.1 GivePenny may terminate this agreement with immediate effect if:-
- (a) You (or anyone who accesses the Website through your internet connection) breach any of these terms and conditions;
- (b) it has a concern that you are abusing its Acceptable Use Policy (found at below in schedule 3);
- (c) it receives a complaint about the content of your fundraising page;
- (d) it does not believe your stated fund raising intentions are legitimate, for whatever reason.
- 2.2 Fundraisers may terminate this agreement with immediate effect by logging into their account and clicking on the ‘Delete Account’ button located in the Dashboard area of the Website. The web page will then be automatically archived on our system and we will endeavour to delete all your personal data held by us.
- 2.3 Upon termination of this agreement by either party, GivePenny will archive your fundraising pages as soon as practicably possible.
- 2.4 If GivePenny holds any money in its trustee account that has been donated through your fundraising page (for your chosen charity/ good cause), GivePenny will pay that money to your chosen charity/ good cause in line with our normal processes.
3. DONOR PAYMENTS:
- 3.1 Although Donors may tell us they can make donations for which Gift Aid may be reclaimed, this may not always be correct. GivePenny is not responsible for enquiring in to validity of any such statement or information provided by any Donor.
- 3.2 GivePenny will make monthly payments to your chosen charity/ good cause of the aggregate donations they have received through your fundraising page minus the GivePenny Fee and third party transaction fee. Transaction fees are also paid at the time of processing a donation, the amounts for which are dependent on the merchant being used (PayPal or GoCardless). For more information on transaction fees, click here: www.givepenny.com/about
- 3.3 GivePenny may from time to time receive requests for monies donated through its Website to be refunded. This could be for a number of reasons. Whether GivePenny holds that money in its trustee account or whether the money has been paid over to your GivePenny Cause Member, the following procedure will be implemented:
- 3.4 GivePenny will direct the requestor to contact the GivePenny Cause Member in writing, stating the full reasons as to why a refund is being sought.
- 3.5 Upon receiving such notice, the GivePenny Cause Member will assess the validity of any such refund request within 14 days of receiving such notice.
- 3.6 After assessing the refund request, the GivePenny Cause Member should write to both the requestor and GivePenny within 7 days of making its assessment, setting out its decision.
- 3.7 If the GivePenny Cause Member decides a refund is justified and GivePenny holds the money in its trustee account, it will make a refund of the net donation (it received by the Donor) to the requestor within 14 days’ from receiving notice by the GivePenny Cause Member. GivePenny will not be liable to refund any transaction fee that has been incurred by the donor through their chosen method of payment.
- 4.1 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
- 4.2 You are responsible for making all arrangements necessary and having all the necessary equipment for you to have access to our Website and your webpage on our Website.
- 4.4 Our Website is directed to people residing in the United Kingdom. We do not represent that content available on or through our Website is appropriate or available in other locations. We may limit the availability of our Website or any service or product described on our Website to any person or geographic area at any time. If you choose to access our Website from outside the United Kingdom, you do so at your own risk.
- 4.5 You will be provided with, one or more user identification codes, and/or passwords and/or any other pieces of information as part of our security procedures. You must treat such information as confidential and must not disclose it to any third party, if you do you will be liable for what that third party does.
- 4.6 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions relating to our Website.
- 4.7 If you know or suspect that anyone other than you knows your user identification code or password and you cannot login to change your credentials, you must promptly notify us at firstname.lastname@example.org.
- 4.8 GivePenny is the owner or the licensee of all intellectual property rights in our Website, and in the material published on it (apart from anything which you place on your dedicated webpage or that other Fundraisers or charities have placed on their webpages on the Website). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- 4.9 You must not use any part of the content on our Website for commercial purposes without obtaining a licence from us to do so, or from our licensors.
- 4.10 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- 4.11 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
- 4.13 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
- 4.14 Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our Acceptable Use Policy.
- 4.15 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
- 4.16 Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in clause 6 (Rights you licence). You are solely responsible for securing and backing up your content.
- 4.17 We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
- 4.18 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website.
- 4.19 We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
- 4.20 The views expressed by other Fundraisers, charities, registered recipients, donors or other users on our Website do not represent our views or values.
5. VIRUSES AND LINKS
- 5.1 We do not guarantee that our Website will be secure or free from viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
- 5.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
- 5.3 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
- 5.4 You may establish a link to our home page, provided you do so in a way that is fair and legal and does not damage our brand, our reputation or take advantage of either. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- 5.5 You must not establish a link to our Website in any website that is not owned by you.
- 5.6 Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than our home page or your dedicated web page.
- 5.7 The website in which you are establishing a link must comply in all respects with the content standards set out in our Acceptable Use Policy. We reserve the right to withdraw linking permission without notice.
- 5.8 If you wish to make use of any content on our Website other than that set out above, please contact email@example.com for approval first.
6. RIGHTS YOU LICENCE
- 6.1 You grant to GivePenny a non-exclusive royalty free licence to use the content of your webpage and/or the images and text thereon and any trade marks you place there in connection with GivePenny’s operations and commercial activities.
- 6.2 You indemnify and will keep indemnified GivePenny against all and any losses, costs, expenses (including legal expenses on a full indemnity basis) and claims it may suffer or incur as result of any of the content of your webpage on the Website.
7. LIMITATION OF LIABILITY
- 7.1 Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
- 7.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
- 7.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- (a) use of, or inability to use, our Website; or
- (b) use of or reliance on any content displayed on our Website.
- 7.4 If you are a business user, please note that in particular, we will not be liable for:
- (a) loss of profits, sales, business, or revenue;
- (b) business interruption;
- (c) loss of anticipated savings;
- (d) loss of business opportunity, goodwill or reputation; or
- (e) any special indirect or consequential loss or damage whatsoever.
- 7.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
- 7.6 We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- 7.7 We accept no liability for any acts or omissions of Fundraisers.
- 7.8 We accept no liability for any content placed on a Fundraiser’s fundraising page by a donor or third party.
8. DATA PROTECTION
9. ASSIGNMENT AND OTHER DEALINGS
This agreement is personal to you and you shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this agreement.
10. ENTIRE AGREEMENT
- 10.1 This agreement constitutes the entire agreement between you and GivePenny. It supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- 10.2 Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
- 10.3 Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
- 10.4 Nothing in this clause shall limit or exclude any liability for fraud.
No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
12. NO PARTNERSHIP OR AGENCY
- 12.1 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
- 12.2 Each party confirms it is acting on its own behalf and not for the benefit of any other person.
13. THIRD PARTY RIGHTS
No one other than a party to this agreement, their successors and permitted assignees, shall have any right to enforce any of its terms.
- 14.1 Any notice or other communication given to a party under or in connection with this contract shall be in writing and shall be:
- (a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
- (b) sent by email to:
- (i) The email address provided by the user during the registration process
- (ii) GivePenny email address: firstname.lastname@example.org.
- 14.2 Any notice or communication shall be deemed to have been received:
- (a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
- (b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service.
- (c) if sent by email at 9.00 am on the day following the day of transmission.
- 14.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
16. RIGHTS AND REMEDIES
Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
- 17.1 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
- 17.2 If one party gives notice to the other of the possibility that any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
18. GOVERNING LAW
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
DETAILS FOR GIVEPENNY:
|Registered address:||Suite 115, Albert Wing, The Argent Centre, 60 Frederick Street Birmingham West Midlands England B1 3HS.|
|Correspondence address:||S1 The Arch, 48-52 Floodgate Street, Birmingham, West Midlands, B5 5SL|
|Telephone number:||0121 271 0303|
ACCEPTABLE USE POLICY
- This acceptable use policy sets out the terms between you and us under which you may access our Website. This acceptable use policy applies to all users of, and visitors to, our site.
- Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions.
- PROHIBITED USES
You may use our site only for lawful purposes. You may not use our site:
- i. In any way that breaches any applicable local, national or international law or regulation.
- ii. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- iii. For the purpose of harming or attempting to harm minors in any way.
- iv. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards
- v. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- vi. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- YOU ALSO AGREE:
- i. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use
- ii. Not to access without authority, interfere with, damage or disrupt:
- a. any part of our site;
- b. any equipment or network on which our site is stored;
- c. any software used in the provision of our site; or
- d. any equipment or network or software owned or used by any third party.
- CONTENT STANDARDS
- i. These content standards apply to any and all material which you contribute to our site ("contributions"), and to any interactive services associated with it.
- ii. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.Contributions must:
- a. Be accurate (where they state facts).
- b. Be genuinely held (where they state opinions).
- c. Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- a. Contain any material which is defamatory of any person.
- b. Contain any material which is obscene, offensive, hateful or inflammatory.
- c. Promote sexually explicit material.
- d. Promote violence.
- e. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- f. Infringe any copyright, database right or trade mark of any other person.
- g. Be likely to deceive any person.
- h. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- i. Promote any illegal activity.
- j. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- k. Be likely to harass, upset, embarrass, alarm or annoy any other person.
- l. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- m. Give the impression that they emanate from us, if this is not the case.
- n. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- SUSPENSION AND TERMINATION
- i. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- a. Immediate, temporary or permanent withdrawal of your right to use our site.
- b. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- c. Issue of a warning to you.
- d. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- e. Further legal action against you.
- f. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- iii. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
- CHANGES TO THE ACCEPTABLE USE POLICY
- i. We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site. Any such revision is binding on you.