IT IS IMPORTANT THAT FUNDRAISERS AND DONORS READ THESE TERMS AND CONDITIONS CAREFULLY. THIS DOCUMENT SETS OUT THE WAY IN WHICH BMYCHARITY OPERATES ITS WEBSITE, AND HOW IT PROVIDES ITS SERVICES TO FUNDRAISERS AND DONORS.
By using this Website, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, please refrain from using the Website
This Website is operated by Bmycharity (a trading name of Bmyhero Limited) known in this contract as “Bmycharity”, "we" or "us". We are registered in England and Wales under company number 07192143 and have our registered office at Unit 14 Parker's Close, Downton Business Centre, Downton, Salisbury, Wiltshire SP5 3RB.
These Terms and Conditions set out terms on we provide the Services and are divided into three sections – Section A containing terms that apply to the person who is raising funds known in this contract as "the Fundraiser"; Section B containing terms that apply to the giver of the donation, known in this contract as "the Donor", and Section C being general terms which apply to Fundraisers, Donors and all visitors to the Website
Definitions of key terms are provided at the end of this document
A. FUNDRAISER TERMS
The terms in this Section A will apply to you if you are a Fundraiser, referred to as “you” for the purposes of this Section A
Setting up the Fundraising page
- 1.1. We will make space available on our Website for you to set up Fundraising Page(s). We will provide you with the facility to use a unique Fundraiser password, which will give you unlimited access to update and amend data on your Fundraising Page(s).
- 1.2. You must treat your Fundraiser password as confidential, and you must not disclose it to any third party. 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 opinion you have failed to comply with any of the provisions of these Terms and Conditions.
- 1.3. In order to take up this space you must complete the on-line Registration Form in full. We will then make space available for you to create you Fundraising Page, which will then be activated and will enable Donors to make Donations.
- 1.4. You must ensure that any Fundraising Page is at all times accurate, up-to-date and complete, and that it includes nothing that goes against our WebPage Content Rules
- 1.5. You must keep up-to-date the contact details submitted on the Registration Form and notify us immediately of any changes to those details so that we can contact you at all times.
Suspension of Service and Removal of a Fundraising Page
2.1. We reserve the right at any time to suspend provision of any Service without advance notice:-
- (a) if we believe or suspect that a Fundraiser's Page or any part of it infringes the copyright, trade mark or any other right of any third party, or is in any way unlawful or breaches our Web Content Rules, or
- (b) is likely to lead to any third party instituting or threatening legal proceedings against you or us, or
- (c) if you are in breach of your obligations under these Terms and Conditions, or
- (d) if we believe of suspect that the Website or any Fundraising Page is being used for any illegal or unlawful purpose, or
- (e) if any Fundraising Page has received no online donations 3 months after creation and the page has exceeded its expiry date;
- 2.2. If we discover that any Fundraising Page is in breach of clause 2.1 above we will remove it immediately without notice and this contract will be terminated with immediate effect.
- 2.3. If any Fundraising Page is set up for a specific Charity or Charities and any of those Charities is unhappy with the content of that Fundraising Page or your fundraising activities, we reserve the right to remove your Fundraising Page if requested to do so by the relevant Charity.
- 2.1. We reserve the right at any time to suspend provision of any Service without advance notice:-
Intellectual Property Rights
- 3.1. We own or are the licensees of all the intellectual property rights in the Website and its content, including (but not limited to) our corporate logo, trading name and brand identity (“Bmycharity IPR”). Such rights are protected by copyrights laws and all such rights are reserved.
- 3.2. You will remain the owner or licensee of any intellectual property rights of the material on your Fundraising Page(s) other than Bmycharity IPR.
- 3.4. We reserve the right to disclose your identity to any third party who is claiming that any material posted or uploaded on your Fundraising Page(s) constitutes a violation of their intellectual property rights, or of their right to privacy.
- 3.5. You should ensure that you keep back-ups of your material, and you accept that you will be responsible for the restoration of any of that material which is lost or spoiled.
- 4.1. You warrant to us that none of the information, software or materials supplied by you to us or uploaded onto your Fundraising Page(s) will infringe the intellectual property rights of any third party;
- 4.2. You warrant to us that you have the right to disclose to us and/or upload and/or use any information, software and materials that you provides to us or which you upload to a Fundraising Page. . Without prejudice to the above, you also warrants that you have obtained the consent of any individual whose personal data you disclose to us.
- 4.3. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you on your Fundraising Page(s) and you will indemnify us and keep us indemnified against all costs, claims, demands, expenses and liabilities that we may incur as a result of your breach of any of these Terms and Conditions.
B. DONER TERMS
The terms in this Section B will apply to you if you are a Donor, referred to as “you” for the purposes of this Section B
Making Donations Through Fundraising page
- 5.1. Once we have activated the Fundraising Page on behalf of the Fundraiser, you may visit the Fundraising Page and make a Donation through the Website.
- 5.2. Payment may only be made through debit or credit facilities paid through a secure internet facility. Cash, cheques or other forms of payment will not be accepted.
- 5.3. On receipt of the money in cleared funds, we will send you a confirmation e-mail confirming that the payment has been made, and the Fundraiser's Page will be credited with a pending payment.
- 5.4. The e-mail sent under clause 6.3 will mark the beginning of the cooling-off period for the purpose of statute, and you will then have a period of seven (7) days to cancel his/her payment. Once the cooling-off period has passed then the Donation will be credited to the Fundraiser's nominated Charity’s account less any bank charges which the Charity has authorised us to deduct on their behalf.
- 5.5. Although the Fundraising Page may indicate that the Fundraiser is collecting towards a specific fundraising target, you hereby acknowledges that the Fundraiser is entitled to change his/her mind and use the Donation towards a different purpose without requiring your permission or consent.
Contributions to Fundraising Pages
You must ensure that any message or other contribution that you make to a Fundraising Page does not contain anything that breaches the WebPage Content Rules. We do not monitor or review content of Fundraising Pages but if it comes to our attention that any content is in breach of the WebPage Content Rules, then we reserve the right to remove the offending material without notice.
Gift Aid Status
In order for Charities to claim Gift Aid on Donations, you must be a UK tax payer. By ticking the appropriate box on the donation page, you are warranting that your Donation satisfies the Gift Aid rules. If you are not sure what these are or whether your Donation will qualify you should seek independent advice from an appropriately qualified person.
C. GENERAL TERMS
These terms apply to all users of the Website, whether Fundraisers, Donors or visitors.
Use of Donations
We do not control or monitor how Charities use Donations. If Fundraisers and Donors are concerned as to how Donations made through a Fundraising Page are used, they should make enquiries with the relevant Charity or check the relevant Charity’s website.
WebPage Content Rules
- 9.1. These content rules apply to any and all material which you include in your Fundraising Page or otherwise contribute to the Website (“contribution”). You must comply with the spirit of the following standards as well as the letter.
- 9.2. The rules apply to each part of any contribution as well as to its whole.
9.3. Any contribution must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material or violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Access to Website
- 10.1. We do not warrant or represent that access to the Website or a Fundraising Page will be available at any time.
- 10.2. We reserve the right at any time to suspend provision of the Website and/or a Fundraising Page for the purposes of repair, maintenance or support without notice and for any reason.
- 10.3. Access may also not be possible or may be delayed due to excessive use or demand, technical or other reasons.
THE FOLLOWING CLAUSE STATES OUR ENTIRE LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR IN ANY OTHER WAY, FOR ALL AND ANY DEFECTS, DEFICIENCIES AND ERRORS IN THE SERVICE PROVIDED UNDER THIS AGREEMENT.
- 11.1. Nothing in this clause 12 affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
- 11.2. To the extent permitted by law, we (and our agents, employees and sub-contractors) will not be liable to you or to any third party for any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to and any materials posted on it including without limitation: (a) loss of profit, (b) loss of data, (c) loss of business, profits or contracts; d) loss of goodwill (e) any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs or data whether caused by tort (including negligence), breach of contract or otherwise even if such a loss was reasonably foreseeable or you had advised us of the possibility of your incurring such loss.
- 11.3. Subject to this Clause 11, our total liability under this Agreement to a Fundraiser or a Donor will be limited to the value of the Donations collected by the relevant Fundraiser in relation to whose fundraising activity the liability arises.
- 11.4. We do not check the contents of Fundraising Pages which are the responsibility of the relevant Fundraiser and therefore the material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy and we do not accept responsibility for the contents of any Fundraising Page other than responsibility for BmyCharity IPR.
- 11.5. Subject to the terms of this clause 11, we exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- 12.1. You may use the Website only for lawful purposes. You may not use the Website: (a) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. (b) For the purpose of harming or attempting to harm minors in any way. (c) 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.
- 12.2. You may not reproduce duplicate, copy or re-sell any part of Our IPR
- 12.3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
- 13.1. A party will be entitled to terminate this Agreement on immediate notice if:- (a) the other is in breach of this Agreement to a material extent and fails to repair the breach within 14 days of being notified of the breach (if it is capable of being repaired); or (b) the other party is bankrupt, in voluntary arrangement, in liquidation or receivership or has ceased business or threatened to cease business.
- 13.2. We will be entitled to terminate with immediate effect by giving you written notice if you are in breach of Clause 2.2.
- 13.3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
Privacy and Data Protection
If we choose not to take up any right of action at any time then this will not prevent us from taking action on the same or similar point at another time.
This Agreement is personal to you and you are not entitled to assign, or pass this agreement to a third party without our prior written permission which will not be withheld unreasonably.
Events beyond our control
No party will be regarded as in breach of these terms and conditions if the failure is as a result of a circumstance beyond that party's reasonable control (Force Majeure). If the Force Majeure continues for a period of one week or more both parties will discuss ways in which to alleviate the situation which will include the possibility of approaching a third party during the period that the Force Majeure exists or if this is not possible to terminate the contract, without either party sustaining any financial liability.
Linking to our site
You may (a) if you are a Fundraiser, establish a link to your Fundraising Page from any other website without our consent; and (b) for all other users, only link to our Website by a link to our home page, provided in both (a) and (b) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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
Links from our site
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Law and Jurisdiction
- 20.1. This Agreement will be governed by and subject to English Law and will come under the exclusive jurisdiction of the English Courts.
- 20.2. It is understood by any party accessing this Website that certain jurisdictions do not permit access to such sites and no representation or warranty is made as to whether this Website complies with the legal requirements of any country in particular.
- 21.1. Any legal notices must be given in writing either by hand, by first class post, or by facsimile transmission provided that there is a transmission sheet showing that the transmission was properly transmitted to the correct number. Post will be judged to have arrived 2 days from date of posting. Notices sent by other means will be received immediately.
- 21.2. Any other notice may also be sent by e-mail. E-mails will be deemed to have been received within 60 minutes of having been sent, provided that no error message is received by the sender.
- 22.1. We may amend these Terms at any time, by posting the amended Terms on the Website. You are expected to check this page from time to time to take notice of any changes we make.
- 22.2. Any amended Terms will govern new user registrations from the date that they are posted on the Site. Existing users will be bound by the amended Terms after the expiry of 30 days following the date of such notice. No other amendment to these Terms will be effective.
Unless the context requires otherwise:
“Charities” means the charities on whose behalf of whom Fundraisers are raising money and to which Donors give money.
“Donations” means the money given by Donors to Charities via the Website or a Fundraising Page.
"Fundraising Page" means the page on the website where the Fundraiser may promote his/her fund-raising activity;
“Intellectual Property Rights”
"Registration Form" means the form to be filled in by the Fundraiser and which may be found on the Website;
"Service" means the service provided by us under this Agreement, namely to provide space on the Website to Fundraisers and the tools to allow Fundraisers to build Fundraising Pages; to enable Donors to make Donations for their selected Fundraiser and to collect and transmit Donations to the Charities ;
."Terms and Conditions" means the terms and conditions published on our website as amended from time to time (and provided you are notified of any amendments to such terms). In the event of any dispute between these terms and those of the Website Terms and Conditions then the website Terms and Conditions will take precedence.
“WebPage Content Rules” means the conditions applying to material that can be uploaded to the Website or a Fundraising Page as set out in clause 2 above.
"Website" means the website owned by us at www.bmycharity.com