General Terms & Conditions of use for charities and community organisations

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 help@localgiving.com

1. Definitions and Interpretation

1.1 'CF' means a Community Foundation. 'CFN' means the Community Foundation Network

1.2 'Charity' or 'Charities' means charities and community groups and includes 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' refers to Localgiving.com Limited (company registration number 711208)

1.7 'You' or 'you' means the Charity acting by its management committee by whatever name called

2. Our terms of business - please read carefully

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 Site via the local CF / CFN.

2.2 In order to appear on Localgiving.com all Charities must be vetted by their local CF / CFN. 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 / CFN 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 / CFN and then distributed by the CF / CFN to the local Charities identified by donors. While the CF / CFN 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 4.2 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 4 below. In addition a subscription fee is payable. See Clause 4.6 below.

3. Creating your Charity Web Page

3.1 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.

3.2 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.

3.3 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.

3.4 Charities should follow the guidance set out on Localgiving.com in establishing their Charity Webpages.

3.5 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.

3.6 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. Both Localgiving.com and 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.

3.7 The CF / CFN will determine the length of time that your Charity Webpages are approved for and the date by which you should next update your Charity Webpages. These dates will be sent to you via email (to the contact address that you provide us as part of your Localgiving.com Site registration) when your Charity Webpages are first approved by the CF or Localgiving.com.

3.8 You may be asked to send additional documentation from time to time to confirm your charitable status and financial details.

4. Donations and Fees

4.1 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.

• 4.1.1 Every donation is subject to a standard handling fee applied by the payment handler (e.g. PayPal), currently of 1.4% plus 20p. Click here for more information. This may be amended by the payment handler from time to time.
• 4.1.2 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.
• 4.1.3 All donations will be also subject to a payment processing fee of 3% of the donation amount, plus a 3% charitable donation to the CF/CFN in addition to deduction of the handling fee referred to in 4.1.1 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 / CFN 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.
• 4.1.4 All donations made via Localgiving.com are made to the CF / CFN and sent to the local CF / CFN bank account for onward transmission to designated Charities.

4.2 The CF / CFN 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 / CFN'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 / CFN vetting status; or for any other reason in the CF / CFN's reasonable discretion. On such rare occasions, the CF / CFN 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.

4.3 You undertake that donations made to you by the CF / CFN will only be used in accordance with your charitable purposes, the statements made on your Charity Webpage and in compliance with law. At least every 6 months, using the online forms available at Localgiving.com, you agree to provide details of how the funds raised via Localgiving.com have been applied.

4.4 There is a £1,000 single transaction limit on donations made through Localgiving.com. If donors wish to make a donation of more than £1,000 to a designated Charity, we will seek to refer them to your local CF for a personalised fund donation service.

4.5 You may be subject to additional daily or annual donation limits that are defined by the local CF / CFN in order to ensure donations can be effectively applied for the purposes for which they are given. These limits will be sent to you via email (to the contact address that you provide us as part of your Localgiving.com registration) when your Charity Webpages are approved.

4.6 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 site. 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.

5. Information, security and privacy

5.1 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 help@localgiving.com

5.2 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.

5.3 We will process personal data that you provide to us for the purposes set out on Localgiving.com, in strict accordance with our Privacy Policy and in compliance with prevailing UK data protection law and regulation.

6. Intellectual property

6.1 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.

6.2 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 retrieve and display the content of Localgiving.com on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided all copyright and proprietary notices are abided by. 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.

7. Your use of the Localgiving.com site

7.1 You may not use Localgiving.com for any of the following purposes:

• 7.1.1 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;
• 7.1.2 transmission of any material that encourages conduct constituting a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
• 7.1.3 interfering with any other’s use or enjoyment of Localgiving.com;
• 7.1.4 making, transmitting or storing electronic copies of materials protected by another’s intellectual property rights without the permission of the owner;
• 7.1.5 any other purpose which is unlawful or likely to harm or bring the Localgiving.com Site into disrepute.

8. Availability of Localgiving.com

8.1 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 help@localgiving.com and we will attempt to correct the fault as soon as we reasonably can.

8.2 Access to the Localgiving.com Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.

8.3 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.

9. Suspension or termination

9.1 By notifying us at help@localgiving.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

9.2 We or your local CF / CFN 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.

9.3 You may discontinue use of Localgiving.com and terminate its services at any time by writing to us at help@localgiving.com

9.4 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.

9.5 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 / CFN in such circumstances will be applied in accordance with these terms and conditions. Where donations have not yet been received by the CF / CFN these would be refunded to the Donors.

10. Disclaimer and Limitation of Liability

10.1 Nothing in these Terms and Conditions shall exclude liability for death or personal injury resulting from Localgiving.com's or the CF / CFN's negligence, fraud or any other liability that cannot be excluded or limited by law.

10.2 Except in relation to clause 10.1 above, Localgiving.com's and the CF / CFN'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 / CFN warrant that Localgiving.com or the Charity Webpages will generate any donations for you.

10.3 Except in relation to clause 10.1 above, Localgiving.com's and the CF / CFN'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.

11. Amendments

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.

12. Third Party Websites

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.

13. Advertising and Sponsorship

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.

14. Applicable Law

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.

15. International Use

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 site from locations outside the United Kingdom, you do so at your own risk and are responsible for compliance with local laws.

16. Miscellaneous

16.1 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.

16.2 Localgiving.com shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.

16.3 Localgiving.com is owned and operated by

LOCALGIVING.COM LIMITED
Registered Office:

39 BERWYN ROAD
RICHMOND
SURREY
TW10 5BU
Company No. 7111208

If you have any queries please contact help@localgiving.com.