Terms and Conditions of Bmycharity

IT IS IMPORTANT THAT FUNDRAISERS AND DONORS READ THESE TERMS AND CONDITIONS CAREFULLY. THIS DOCUMENT SETS OUT THE WAY IN WHICH BMYCHARITY OPERATES ITS SERVICE WITH THE FUNDRAISER AND THE DONOR.

  1. These terms and conditions apply to the giver of the donation, known in this contract as "the Donor", the Fundraiser, known in this contract as "the Fundraiser", and Bmycharity, (a trading name of BMY Limited) known in this contract as “Bmycharity”, "we" or "us".

A. FUNDRAISER TERMS

  1. 2. Setting up the Fundraising page
    1. We will make space available on our Website for the Fundraiser to set up Fundraising pages. We will provide the Fundraiser with the facility to use a unique Fundraiser password, which will give the Fundraiser unlimited access to update and amend data.
    2. In order to take up this space the Fundraiser must complete the on-line Registration Form in full. We will then make space available for the Fundraiser to create Fundraising pages, which will then be activated and Donors may begin to make donations.
    3. We do not accept responsibility for the contents of any Fundraising page. We do not check the contents of Fundraising pages and our acceptance of the Registration Form does not signify acceptance of the contents. The Fundraiser will 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.
    4. The Fundraiser will keep up-to-date the contact details submitted on the Registration Form and will immediately notify us of any changes to those details so that Fundraiser may be contacted at all times.
  2. 3. Access to Website
    1. We do not warrant or represent that access to the Website will be available at any time. We reserve the right at any time to suspend provision of any Service for the purposes of repair, maintenance or support without notice and for any reason. The Fundraiser acknowledges and accepts that access may not be possible or may be delayed due to excessive use or demand, technical or other reasons.
    2. We reserve the right at any time to suspend provision of any Service without advance notice :-
      1. i. if we believe or suspect that the Fundraiser's material infringes the copyright, trade mark or any other right of any third party, or is in any way unlawful, or
      2. is likely to lead to any third party instituting or threatening legal proceedings against the Fundraiser or us, or
      3. that the Fundraiser is in breach of his/her obligations, or
      4. that the Website is being used for any illegal or unlawful purpose.
    3. If we discover that any Fundraising page is in breach of Clauses 3.2 above we will remove it immediately without notice and this contract will be terminated with immediate effect.
  3. 4. Intellectual Property Rights
    1. We own all the intellectual property rights in respect of the Website, together with our corporate logo, trading name and brand identity.
    2. The Fundraiser will remain the owner of any intellectual property rights existing in the description on the Fundraising page and any photographic images inrespect of material submitted for the Fundraising page. The Fundraiser grants to us, our sub-licensees, customers and other users of the Website a royalty-free perpetual, non-exclusive licence to reproduce, adapt, publish, translate and distribute his/her material in whole or in part worldwide, subject to our obligations under the Data Protection Acts.
    3. The Fundraiser will make and keep back-ups of his/her material, and the Fundraiser accepts that he/she is responsible for the restoration of any of that material which is lost or spoiled.
  4. Fundraiser's Liability
    1. The Fundraiser warrants to us that none of the information, software or materials supplied by him/her to us will infringe the Intellectual Property Rights of any third party;
    2. The Fundraiser warrants to us that he/she has the right to disclose to us any information, software and materials that he/she provides to us and that we are entitled to retain, disclose and amend that information, software and materials for the purpose of fulfilling our obligations. Without prejudice to the above, the Fundraiser also warrants that he/she has obtained the consent of any individual whose personal data is disclosed to us. 5.3 The Fundraiser will indemnify us and keep us indemnified against all costs, claims, demands, expenses and liabilities that we may incur as a result of his/her breach of any of these terms and conditions.

    B. DONOR TERMS

    1. Making Donations Through Fundraising page
      1. Once we have activated the Fundraising page on behalf of the Fundraiser, the Donor may visit the Fundraising page and make a Donation through the Website. 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.
      2. On receipt of the money in cleared funds, we will send the Donor a confirmation e-mail confirming that the payment has been made, and the Fundraiser's page will be credited with a pending payment.
      3. The e-mail will mark the beginning of the cooling-off period for the purpose of statute, and the Donor 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. 6.4 Although the Fundraising page may indicate that the Fundraiser is collecting towards a specific Fundraising Target, the Donor hereby acknowledges that the Fundraiser is entitled to change his/her mind and use the Donation towards a different purpose without requiring the permission or acknowledgement of the Donor.

    C. GENERAL TERMS

    1. Our Liability
      1. 7.1 UNLESS PROHIBITED BY LAW 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.
      2. 7.2 We will indemnify you against any liability for the death or personal injury arising out of our negligence or that of our employees or sub-contractors.
      3. We will not be liable to you for any acts and/or omissions including those of our employees or sub-contractors for any special indirect or consequential loss, damage to, injury, costs or expenses of any kind including without limitation loss of profit even if such a loss was reasonably foreseeable or you had advised us of the possibility of your incurring such loss.
      4. Subject to this Clause 7, our total liability under this Agreement will be limited to the value of the Donations collected through the Fundraising page.
      5. We will in any event not be liable to you or any third party for any loss, claims or damages that may arise howsoever caused.
    2. Termination
      1. A party will be entitled to terminate this Agreement on immediate notice if:-
        1. 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
        2. The other party is bankrupt, in voluntary arrangement, in liquidation or receivership or has ceased business or threatened to cease business.
        3. We will be entitled to terminate with immediate effect by giving you written notice if you are in breach of Clause 3.2.
    3. Privacy and Data Protection
      1. Please read our Website Privacy Policy, which sets out in full our policy on Privacy and Data Protection.
    4. Nature of the Agreement
      1. 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.
      2. 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.
      3. 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.
    5. Law and Jurisdiction
      • This Agreement will be governed by and subject to English Law and will come under the exclusive jurisdiction of the English Courts. 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.
    6. Notices
      • 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.
        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.
    7. Definitions
      • Unless the context requires otherwise:
        1. "Registration Form" means the form to be filled in by the Fundraiser and which may be found on the Website;
        2. "Fundraising Page" means the page on the website where the Fundraiser may promote his/her fund-raising activity;
        3. "Service" means the service provided by us under this Agreement;
        4. "WebPage Content Rules" means that information published on a Fundraising page must not be pornographic, obscene, offensive, indecent, abusive, menacing, unlawful, blasphemous, an invasion of privacy, an infringement of Intellectual Property Rights or of any Data Protection legislation or principle, defamatory, a malicious falsehood or seditious libel, a contempt of court, or anything which is likely to incite or capable of inciting violence, racial hatred, sadism, cruelty, or which encourages any unlawful or illegal act or omission, or which is misleading, or cause annoyance, inconvenience or needless anxiety, or which is potentially damaging or harmful.
        5. "Website" means the website owned by us where the Fundraiser will be allocated space to promote the Fundraising page strictly on the terms and conditions set out in this Agreement, and our standard Website Terms and Conditions.
        6. "Website 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.
    8. Changes
      • We may amend these Terms and Conditions at any time, giving you notice by posting the amended Terms and Conditions on the Website. Any amended Terms and Conditions will govern new user registrations from the date that they are posted on the Site. Existing users will be bound by the amended Terms and Conditions after the expiry of 30 days following the date of such notice. No other amendment to these Terms and Conditions will be effective.