General Terms & Conditions of use for campaigns and promotions including Match Funds and fundraising
These Terms and Conditions govern your use of the Localgiving.com website at www.Localgiving.com (‘Localgiving.com’) and your relationship with Localgiving.com Limited (company registration number 7111208). Please read them carefully as they affect your rights and liabilities under the law.
If you do not agree to these Terms and Conditions, please do not register for or use Localgiving.com. If you have any questions on the Terms and Conditions, please contact email@example.com
Section 1: Definitions and Interpretation
Section 2: Terms of business
Section 3: Current campaign terms
Section 4: Creating your charity webpage
Section 5: Donations and fees
Section 6: Information, security and privacy
Section 7: Intellectual property
Section 8: Your use of the Localgiving.com website
Section 9: Availability of Localgiving.com
Section 10: Suspension or termination
Section 11: Disclaimer and limitation of liability
Section 12: Amendments
Section 13: Third party websites
Section 14: Advertisement and sponsorship
Section 15: Applicable law
Section 16: International use
Section 17: Miscellaneous
1.1 ‘Foundation’ means a ‘Community Foundation’ the ‘Community Foundation Network’ or ‘UK Community Foundations’ or the ‘Localgiving Foundation’ (formerly the Ardbrack Foundation). ‘CF’ means a local ‘Community Foundation’.
1.2 ‘Charity’ or ‘Charities’ means charities and community groups and includes social enterprises, not-for-profits, companies, partnerships and any unincorporated organisations that undertake charitable activities.
1.3 ‘Donor’ means the supporter(s) who come to Localgiving.com to find and donate funds to a charity.
1.4 ‘Charity webpages’ means the webpage or webpages a Charity may create within Localgiving.com.
1.5 ‘Localgiving.com’ means the website and webpages hosted under the parent domain www.localgiving.com.
1.6 ‘Localgiving.com Ltd’ refers to Localgiving.com Limited (company registration number 711208).
2.1 Localgiving.com is provided in order to promote, increase awareness of and raise funds for Charities and their charitable activities. Localgiving.com allows supporters to find, donate to and raise funds for any of the Charities shown on the Localgiving.com website via their local CF / Localgiving Foundation / Localgiving.com.
2.2 In order to appear on Localgiving.com all Charities must be validated by their local CF /Localgiving Foundation / Localgiving.com. A charge may be made for this vetting service. Once vetted, a Charity may register to use Localgiving.com subject to these Terms and Conditions and create its own Charity Pages. Neither the CFs / Localgiving Foundation nor Localgiving.com accept any liability for the content of Charity Pages.
2.3 All donations, including where applicable Gift Aid, are made to the local CF / Localgiving Foundation / Localgiving.com and then distributed by the CF /Localgiving Foundation / Localgiving.com to the local Charities identified by donors. While the CF / Localgiving Foundation / Localgiving.com will take account of the donor’s wishes and will make every effort to forward the funds to the donor’s designated Charity, it will have absolute discretion over the making of such donations so as to ensure appropriate donation handling and legal compliance. In the circumstances set out in clause 5.2 below a donation requested to be distributed to you may be redirected to another charity with similar purposes.
2.4 Certain fees and charges are deducted from the donation made by Donors to designated Charities as explained on the Localgiving.com website and in clause 5 below. In addition a subscription fee is payable. See Clause 5.5 below.
3.1 The purpose of the match fund campaigns are to incentivise individuals to support local charities by donating online, by either making a one-off donation, setting up a monthly Direct Debit donation, or by setting up a fundraising page and obtaining sponsorship donations.
3.2 Localgiving.com will match up to a certain value, which will be displayed on the campaign page, of each single donation. Monthly donations will be matched up to a certain value a month for the first six months, provided a Direct Debit is active throughout the six months. A supporter may only set up one regular Direct Debit per charity. A supporter may set up Direct Debits with many different charities. All Direct Debit instructions set up during the campaign will be matched for six months provided the Direct Debit is active throughout the six months. Localgiving.com does not guarantee the availability of matched funding.
3.3 All donations must be made through the Localgiving.com online platform in order to be eligible for matched funding. Subject to Localgiving.com’s “general discretion”, all donations will be matched as they are received by Localgiving.com in accordance with these terms and conditions until the match fund is exhausted or the “match limit” for a charity is reached.
3.4 Supporters wishing the Gift Aid scheme to apply to their donation(s) must make a valid Gift Aid declaration at the time of their donation(s) *See http://localgiving.com/howitworks/giftaid. Localgiving.com is unable to process Gift Aid claims in respect of donations made by one person on behalf of another person. Localgiving.com retains absolute discretion to decline to process any Gift Aid claim.
3.5 Each Localgiving.com Match Fund is a standalone promotion and cannot be used in conjunction with any other promotion.
3.6 If a supporter would like to cancel an existing regular monthly donation, s/he should log in to his/her Localgiving.com supporter account via the Localgiving.com website or contact his/her bank. If you require further assistance please contact our Help Desk team at firstname.lastname@example.org or 0300 111 2340.
3.7 In order to avoid any one charity taking the majority of the Match Fund pot in one area Localgiving.com may limit the amount of match funding that each charity is able to receive. These limits will displayed on the How it Works Match Fund page. Once a charity has reached any limit set by Localgiving.com it will be clearly stated on their webpage. Supporters may continue to donate on an unmatched basis to charities that have exceeded the match limit.
3.8 This campaign is designed to build the sustainability of participating local charities. Only charities with paid Localgiving.com membership will be eligible to benefit and continue to benefit from matched funding.
3.9 In the case of a charity membership becoming overdue, Localgiving.com reserves the right to release matched funding back into the Match Fund pot. The donor may receive an alert regarding the situation if we have not heard from the charity after 10 working days. If a charity is taken off the Localgiving.com platform for any reason, then the matched funding and regular donations reserved for that charity may be held or redirected. see ‘Donations payment processing journey’ in Charity Terms & Conditions
3.10 Charities must notify Localgiving.com in writing as soon as possible of any change to their objects, contact details or account details, or if they become aware that they no longer meet Localgiving.com’s eligibility criteria (see https://localgiving.com/registercharity/registration). Charities that cease to comply with Localgiving.com’s eligibility criteria may be removed from the Localgiving.com platform and will not be entitled to a refund of subscription monies already paid. Charities must respond to correspondence from Localgiving.com and from supporters in a timely fashion.
3.11 Localgiving.com retains absolute discretion to determine and to vary the eligibility criteria for charities that seek to participate in a campaign and the match funding available to any participating charity, to match or refuse to match donations and to otherwise limit or terminate the campaign. Localgiving.com reserves the right, in its absolute discretion, to vary these terms and conditions from time to time. Localgiving.com may remove any charity that fails to comply with the letter and spirit of these terms and conditions from the Localgiving.com platform.
3.12 Participating charities are not permitted to process donations on behalf of their supporters or to make donations to themselves.
4.1 You must ensure that the details provided by you (on registration or at any time subsequently) are correct and complete. We are not liable to you or any third party under any circumstances for data entered incorrectly by you.
4.2 You must inform us immediately of any changes to the information that you provided when registering. In particular you must keep your contact details up to date.
4.3 You must ensure the content of your Charity web Page reflects the charitable activities that you undertake, is not misleading and that it remains up to date, complete and accurate in all material respects. Content on your Charity web Page is entirely your responsibility and you must ensure it is truthful, honest and legal. Any use of copyright material must have the consent of the copyright owner. If your graphics include children or vulnerable adults, you must ensure you have the appropriate written permissions for such material to be used.
4.4 Charities should follow the guidance set out on Localgiving.com in establishing their Charity webpages.
4.5 Your submission of content to your Charity webpages is accepted on the basis that you have complied with the provisions of this clause, that any applicable legal compliance issues pertaining to your Charity webpages have been satisfied (such as ensuring the appropriate permissions have been given by people who appear in images you want to use) and that we are authorised to post such material on Localgiving.com without infringing third party rights or relevant law or regulations.
4.6 Each time you submit information onto Localgiving.com or make a change to your Charity webpages, you must click on the Submit for Approval button. Either Localgiving.com or your CF will review each submission before making them available to the general public and we may correct typographical and grammatical errors and make minor adjustments to the content you submit.
4.7 You may be asked to send additional documentation from time to time to confirm your charitable status and financial details.
5.1 Donations are currently processed and fees charged as below. We reserve the right to change these processes and fees at our discretion, but will inform all charities in advance of any changes.
5.1.1 Every donation is subject to a standard handling fee applied by the payment handler (e.g. PayPal), typically of 1.2% + 20p. Click here for more information. This may be amended by the payment handler from time to time.
5.1.2 Where requested by the Donor, the donation will be processed for Gift Aid. In such cases Donors must confirm they satisfy the necessary HMRC conditions. Click here for more information.
5.1.3 All donations will be also subject to a payment processing fee of 3% of the donation amount, plus a 2% charitable donation to the CF/Localgiving Foundation in addition to deduction of the handling fee referred to in 5.1.1 above. The donation amount is calculated to include Gift Aid where Gift Aid is claimed. The fee shall be deducted from the donation as follows:
a. If Gift Aid is being reclaimed, the CF / Localgiving Foundation will make payment of the donation to the designated Charity and the fee will be deducted from the Gift Aid reclaim when it is received. The balance of the Gift Aid shall be forwarded to the Charity as soon as reasonably possible thereafter.
b. If no Gift Aid is being reclaimed, the fee shall be deducted from the initial donation amount.
5.1.4 All donations made via Localgiving.com are made to the CF / Localgiving Foundation and sent to the local CF / Localgiving Foundation bank account for onward transmission to designated Charities.
5.2 The CF / Localgiving Foundation will have absolute discretion over the onward transmission of donations and may decide not to forward payment to a designated Charity if in the CF / Localgiving Foundation’s reasonable opinion that Charity is no longer operating; indicates it has no need of additional funding; has requested its pages(es) be taken offline; is not undertaking its specified charitable objectives; is affected by a change in its CF / Localgiving Foundation vetting status; or for any other reason in the CF / Localgiving Foundation’s reasonable discretion. On such rare occasions, the CF / Localgiving Foundation will forward these funds to an alternative Charity and will make reasonable efforts to ensure that the alternative Charity closely matches the initial Donor criteria. Localgiving.com will inform registered Donors that the funds have been sent to the alternative recipient.
5.3 You undertake that donations made to you by the CF / Localgiving Foundation will only be used in accordance with your charitable purposes, the statements made on your Charity webpage and in compliance with law.
5.4 There is a £1,000 single transaction limit on donations made through Localgiving.com.
5.5 Webpages and services are subject to an annual subscription charge, currently £60 plus VAT. Localgving.com reserves the right to vary the subscription charge or payment terms, and offer promotions including free trial periods to certain groups at their sole discretion.
This subscription fee enables you to continue to appear on the Localgiving.com website. You will receive advance notice of the payment terms and be sent an invoice. Your Charity webpage may be taken offline if no payment is received within 30 days after the invoice has been issued. Localgiving.com offers no guarantee that the Charity webpages will generate any donations for you.
6.1 When you register to use Localgiving.com, you will be given login details that you can change. In order to prevent fraud, you must keep these login details confidential and must not disclose them or share them with anyone. If you know or suspect that someone else knows your login details, you should notify us by contacting email@example.com.
6.2 If Localgiving.com has reason to believe that there is likely to be a breach of security or misuse of Localgiving.com or any Charity webpage, you may be required to change your login details. Your account may also be suspended.
7.1 Your Charity webpage content is yours and we encourage you to develop it as a marketing platform and to use the webpage as part of your marketing.
7.2 All other content on Localgiving.com is owned by Localgiving.com (or in the case of other Charity webpages those Charities) and is protected by copyright, trademarks, database and other intellectual property rights. You may not otherwise reproduce, modify, copy or distribute, or use for commercial purposes, any of the materials or content on Localgiving.com (not contained within your Charity webpages) without written permission from Localgiving.com and, where applicable, the copyright holder.
8.1 You may not use Localgiving.com for any of the following purposes:
8.1.1 dissemination of anything unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or use of any material that could result in any of these;
8.1.2 transmission of any material that encourages conduct constituting a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
8.1.3 interfering with any other’s use or enjoyment of Localgiving.com;
8.1.4 making, transmitting or storing electronic copies of materials protected by another’s intellectual property rights without the permission of the owner;
8.1.5 any other purpose which is unlawful or likely to harm or bring the Localgiving.com website into disrepute.
9.1 Localgiving.com shall take reasonable efforts to ensure a continuous service for its users, but reserves the right to modify, suspend or cease all or any part of the website at any time without any prior notice. If a fault occurs with Localgiving.com or the Charity webpage, you should report it to firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
9.2 Access to the Localgiving.com website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
9.3 If Localgiving.com is informed of any inaccuracies in the material on Localgiving.com it shall attempt to correct the inaccuracies within a reasonable timeframe.
10.1 By notifying us at email@example.com, you may at any time request your Charity webpages be taken offline. You may also request that all your details be deleted from our databases. Any request to remove your data from our systems will be expedited as soon as practically possible, however some removed and deleted information may persist in backup copies for so long as is required to comply with laws and regulations and to facilitate, in rare instances, the refunding of donations. No information in backup copies is publically visible. These Terms and Conditions will continue to apply to past use of Localgiving.com by you.
10.2 We or your local CF / Localgiving Foundation may immediately, at our reasonable discretion, and without liability, suspend (including restricting your ability to receive donations) or terminate your Charity webpages if you breach any of your obligations under these Terms and Conditions.
10.3 You may discontinue use of Localgiving.com and terminate its services at any time by writing to us at firstname.lastname@example.org.
10.4 We may terminate the agreement between you and us immediately if you are in breach of any of the provisions of these Terms and Conditions. Localgiving.com shall be under no obligations to renew a Charity’s subscription on expiry.
10.5 In certain circumstances it may prove commercially unfeasible to provide the services which are the subject to these Terms and Conditions, in which case Localgiving.com shall ensure you are refunded your subscription fee on a pro rata basis to the period which it has to run. Any donations received by the relevant CF / Localgiving Foundation in such circumstances will be applied in accordance with these terms and conditions. Where donations have not yet been received by the CF / Localgiving Foundation these would be refunded to the Donors.
11.1 Nothing in these Terms and Conditions shall exclude liability for death or personal injury resulting from Localgiving.com’s or the CF / Localgiving Foundation’s negligence, fraud or any other liability that cannot be excluded or limited by law.
11.2 Except in relation to clause 10.1 above, Localgiving.com’s and the CF / Localgiving Foundation’s liability in respect of your use of Localgiving.com shall not in any event include any form of special, indirect or consequential losses, business losses such as lost data, damage to goodwill or reputation, lost profits or business interruption. Neither Localgiving.com nor the CF / Localgiving Foundation warrant that Localgiving.com or the Charity webpages will generate any donations for you.
11.3 Except in relation to clause 10.1 above, Localgiving.com’s and the CF / Localgiving.com’s total liability to you under these Terms and Conditions shall be limited to the higher of, the amount of the donations made by all Donors specifically identifying you as the intended recipient in any one subscription period, or twice the subscription fee paid in respect of the current period.
Localgiving.com may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of Localgiving.com. Any changes we may make to these will be posted on this page.
Localgiving.com includes links to other pages on the worldwide web. Inclusion of a link to another website does not imply endorsement of its content or opinions. Localgiving.com does not make any warranty or guarantee in relation to the content on other such websites.
Part of Localgiving.com may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Localgiving.com complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
These Terms and Conditions shall be governed by the law of England and Wales and are subject to the exclusive jurisdiction of the English Courts.
Localgiving makes no promise that materials on Localgiving.com are appropriate or available for use in locations outside the United Kingdom, and accessing Localgiving.com from territories where its contents are illegal or unlawful is prohibited. If you choose to access this website from locations outside the United Kingdom, you do so at your own risk and are responsible for compliance with local laws.
17.1 You may not transfer your rights under these Terms and Conditions to any other person or organisation. We may however transfer our rights under these to another business where we feel your rights will not be adversely affected.
17.2 Localgiving.com shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
17.3 Localgiving.com is owned and operated by
39 BERWYN ROAD
Company No. 7111208
If you have any queries please contact email@example.com.