Refund and other terms and conditions of the CharitySaver website.
Note: for the purposes of this document, both Charities and Community Interest Companies shall be referred to simply as “Charity” “Charity’s” or “Charities”
Subject to the requirements of applicable local laws, and what we say below in relation to CharitySaver, once your donation is made it will only be refunded to you with the prior written consent of the Charity to whom it has been directed. In the event all funds have been paid out and there are no funds available for refund, CharitySaver reserves the right to invoice or direct debit the Charity for the amount of the refund and the Charity must agree to settle that invoice within one (1) month of the date of the invoice.
For CharitySaver, CharitySaver will process your donation via the payment method used at the time of donating. NOTE: no donations will be refunded for any reason, subject to applicable local laws. If we are unable to transfer the funds to the Charity to which you donated, we will return your donation via the payment method from which you made the donation. If we are unable to return your donation via the payment method you used, your donation will be transferred to our charitable grants funds, used to support charities in need.
Use of your donation
CharitySaver does not represent or warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding a Charity’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 a Charity. After donations are made, all further dealings are solely between you and the Charity to which you donated. If you want a donation to be used for a specific purpose or for a particular appeal, contact the organisation and make your donation directly to them.
CharitySaver shall have no liability to donors whatsoever for any use or misuse of donations made to a Charity via the CharitySaver website. If you have any doubts as to how the money will be spent you should contact the Charity directly to seek reassurance. It is your sole responsibility, as a user of the Website, to ensure that the Charity stated is one that you wish to support.
CharitySaver does not charge any fees on donations outside of the card merchant account fee stated on the site
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.
CharitySaver will never email or phone you and ask you to provide all of your payment details.
Protecting your account
When you register with CharitySaver and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password to prevent others gaining access to your personal information. This includes any taxpayer details you may have saved under your profile in order to claim tax or tax deductions in accordance with applicable laws and regulations. Claiming tax or tax deductions using someone else’s taxpayer information is against the law. If you become aware of any unauthorised use of your account, we recommend that you change your password immediately and call our helpdesk on the telephone number set out on the Contact Us page.
CharitySaver 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 any consequences of making a donation to a Charity.
- 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.
- You must not upload offensive, obscene, racist, defamatory, misleading or deceptive content, including photographs, on to the Website or its associated services. CharitySaver 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 email@example.com
- You must not misrepresent your identity or affiliation with any other person or organization.
- You must not use the Website to send junk email or “spam” to people who do not wish to receive email from you.
- You must not use the Website to conduct, display or forward surveys, pyramid schemes or chain letters.
- You must not use the Website to conduct, display or forward raffles, lotteries or contests.
- You must not 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 CharitySaver systems.
- You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the site or any other web site.
- You must not attempt to bypass the network firewall.
- You must not use any party of the site which you are not authorized to use or devise ways to circumvent security in order to access part of the site which you are not authorized to access (includes scanning networks with intent to breach and/or evaluate security, whether or not the intrusion results in access).
- You must not use or attempt to use the site for any unlawful, criminal, or negligent purposes (includes password cracking, social engineering, denial-of-service attacks, harmful and malicious destruction of data, and intentional invasion of privacy).
- You must not disclose any information relating to any donor except with the consent of the donor or as permitted by applicable local laws.
CharitySaver reserves the right to cancel your access and delete any account without notice in the event you fail to follow any of the above rules. CharitySaver may also suspend or delete a Charity’s account if the relevant Charity is no longer active.
The Website and its associated services contain links to other websites. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any direct transactions with other people or organisations are your own responsibility.
CharitySaver may from time to time select partners offering relevant information and services that we believe will enhance the Website. Whilst we will do our best to select reputable partners of, we are not responsible for any of the information or services offered by them, and if you choose to use their services, you do so at your own risk.
The names CharitySaver and i-Giver, the CharitySaver 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 owned or explicitly authorised by CharitySaver, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit CharitySaver. Other trademarks, service marks or logos that appear on the Website or its associated services, in particular (but not exclusively) those of member charities, 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 CharitySaver and the trademark owner.
All content on the Website and its associated services is owned by i-Giver Ltd, our member charities, 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, trade mark 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 CharitySaver, and, where applicable, the copyright holder.
Prohibition on data extraction and distribution
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), 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. CharitySaver 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 CharitySaver 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. CharitySaver 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.
Changes to the service
CharitySaver reserves the right to modify, suspend or discontinue all or any part of the Website and its associated services at any time with or without notice. All new features, services or software applications shall be subject to these Terms.
Failure to comply with these Terms
In the event that you fail to comply with these Terms, CharitySaver 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.
You may discontinue use of the Website and associated services at any time. These Terms will continue to apply to your past use.
Disclaimer and Limitation of Liability
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. CharitySaver does not warrant or 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 and except for the rights, guarantees and remedies which cannot be excluded, CharitySaver does not provide other conditions, guarantees, warranties or terms in relation to the Website or its associated services, to the extent permissible by law. CharitySaver shall undertake general maintenance and upkeep of the Website 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.
If found liable, CharitySaver shall only be liable under these Terms for direct losses which are reasonably foreseeable and caused by CharitySaver’s uncured material breach of these Terms or CharitySaver’s negligence. CharitySaver‘s total liability to you arising under or in connection with these Terms, 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 CharitySaver‘s liability arose.
In no event shall CharitySaver be liable for losses relating to any business of yours or 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 waste of management or other staff time, even if CharitySaver has been advised of the possibility of such damages. YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.
Nothing in these Terms 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.
Third party rights
A person who is not a party to these Terms has no right to enforce any term of these Terms.
TERMS FOR USERS IN ALL COUNTRIES OTHER THAN AUSTRALIA AND THE UNITED STATES
These additional terms apply and will prevail where you access the Website or associated services in anywhere in the world (other than Australia and the United States), except where expressly indicated otherwise.
UK Tax Payers only: Gift Aid and tax
When you (i) donate to a charity and certain Community Amateur Sports Clubs (“CASCs”) on the Website or its associated services, (ii) confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme as they apply from time to time and (iii) elect to have CharitySaver reclaim Gift Aid on behalf of the charity or CASC under the UK government’s Gift Aid scheme, CharitySaver will reclaim GiftAid.
Every charity or CASC that is a member of CharitySaver has an agreement with CharitySaver authorising it to reclaim Gift Aid on its behalf. Charities and CASCs must be registered with the Charity Commission or exempt from registration for CharitySaver to reclaim Gift Aid on their behalf. CharitySaver 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 CharitySaver pages, including those that have a charitable purpose, are not eligible for Gift Aid. Donations to any of these Charity’s are not tax deductible.
In consideration of using the Website and associated services, we do accept a voluntary gratuity from the donor. All Donations are also subject to third party payment processing fees. Fees may also apply to member charities in the UK requiring additional services.
Governing law; Dispute resolution
These Terms 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.
The parties agree to submit all unresolved disputes between them to arbitration administered by the International Centre for Dispute Resolution (“ICDR”) and governed by the ICDR Arbitration Rules (“ICDR Rules”) then in effect, except that either party may seek injunctive relief for infringement of intellectual property rights or other proprietary rights in court. For all arbitrated matters, one (1) arbitrator will be appointed under the ICDR Rules, and the locale of arbitration will be London, England, unless the parties mutually agree to another locale before appointment of the arbitrator.
TERMS FOR USERS IN AUSTRALIA
These additional terms apply and will prevail where you access the Website or associated services in Australia.
The CharitySaver entity and the company who provides the service to you is i-Giver Ltd
The times at which CharitySaver shall undertake general maintenance and upkeep of the Website will usually be between 12.00am and 08.00 hours (GMT) at the weekends.
These Terms and any dispute arising out of or in connection with your use of the Website or the associated services are governed by the law of New South Wales, Australia.
The parties agree to submit all unresolved disputes between them to arbitration administered by the International Centre for Dispute Resolution (“ICDR”) and governed by the ICDR Arbitration Rules (“ICDR Rules”) then in effect, except that either party may seek injunctive relief for infringement of intellectual property rights or other proprietary rights in court. For all arbitrated matters, one (1) arbitrator will be appointed under the ICDR Rules, and the locale of arbitration will be Sydney, Australia, unless the parties mutually agree to another locale before appointment of the arbitrator.
TERMS FOR USERS IN THE UNITED STATES
These additional terms apply and will prevail where you access the Website or associated services in the United States, or you are donating to a campaign that benefits a U.S. 501(c)(3) tax-exempt charity.
When you make a donation to support a Charity which has registered with CharitySaver and set up a BBMS, you are making a complete and final charitable donation directly to the charity you selected. In rare instances, i-Giver and/or CharitySaver may determine that it would be inappropriate or improper to disburse the funds designated for a Charity because, for example, the Charity is no longer recognized as a public charity, or is no longer in good standing with state or federal regulations, in which case, JustGive and/or CharitySaver may, in its sole discretion, disburse the donation to our charitable grants fund, to support struggling charities
In some cases, in consideration of using the Website and associated services, we accept voluntary gratuities from donors for our services.
Intellectual Property Complaints
CharitySaver respects the intellectual property rights of others and requires those that visit the Website do the same. If you believe that your work has been used on the Platform in any manner that constitutes infringement, please notify us at firstname.lastname@example.org. The notice should include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the work you claim has been infringed, including a copy of the work or the web page address where the work may be found;
- Identification of the location on the Website of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the owner, the agent of the owner or the law; and
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the owner of the material allegedly infringed or authorized to act on the owner’s behalf.
No Class Action
YOU AND CHARITYSAVER AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR CHARITYSAVER WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR CHARITYSAVER ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND CHARITYSAVER FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, CHARITYSAVER, AND ALL PARTIES TO ANY SUCH PROCEEDING.
These Terms and any dispute arising out of or in connection with your use of the Website or the associated services are governed by, and shall be construed in accordance with, the laws of the State of New York, without giving effect to its conflicts of laws provisions.
Users under 18
It is a condition of use of the Website that fundraising may only be conducted by users over the age of 18. Persons under the age of 18 may use our Website only with parental consent and supervision. The supervision requirements are as follows:
– Children under the age of 18 using CharitySaver services must do so under the direct supervision of an adult.
– If you have any concerns whatsoever about a child’s use of our services, please notify us immediately by emailing us at help@CharitySaver.com.