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General Terms & Conditions of use for Charities

and Community Organisations

These General Terms & 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) (Localgiving) in relation to your use of Localgiving.com.

Please read these General Terms & Conditions carefully as they affect your rights and liabilities under the law. By registering with Localgiving.com you are agreeing to these General Terms & Conditions. We amend these General Terms & Conditions from time to time and it remains your responsibility to check these General Terms & Conditions when you access Localgiving.com. These General Terms & Conditions were most recently amended on 13/06/2014.

If you have any questions on these General Terms & Conditions, please contact help@localgiving.com

These General Terms & Conditions are divided into three Sections:

Section 1 - Registering With Localgiving.com - sets out the provisions relevant to registering with Localgiving.com, including benefits and fees.
Section 2 - Donations Processing - sets out the provisions relevant to the donation payment services and fees.
Section 3 - General Provisions - sets out the general provisions relevant to the provisions set out in Sections 1 and 2.

Section 1 - Registering With Localgiving.com

What is Localgiving.com?

Localgiving.com is a resource to promote, increase awareness of and facilitate the raising of funds for charities, community groups and their charitable activities. Localgiving.com also allows the public to find, donate to, and raise funds for, any of the charities or community groups that are registered with Localgiving.com.

The services provided on Localgiving.com include validation of charities wishing to register on Localgiving.com, dealing with donations, managing the collection of Gift Aid from HMRC and the transfer of funds to your designated bank account.

Eligibility criteria, registration and charity validation process

Localgiving.com welcomes a wide range of charities and community groups, both registered and unregistered, including registered charities, community interest companies (CICs), companies, partnerships and any unincorporated organisations that undertake charitable activities in the United Kingdom and that meet our eligibility criteria for registration with Localgiving.com (each of these groups referred to in these General Terms & Conditions as charities).

If you wish to register with Localgiving.com you should consult our charity eligibility criteria found here and, if you meet the eligibility criteria, you should apply for registration with Localgiving.com. This application process involves you providing information in relation to your webpages, our donation services and our charity validation process. You are then asked to post the required documents to Localgiving at the address notified to you during the application process. You are responsible for ensuring that all of the details provided to Localgiving by or on behalf of you (including, but not limited to, information in respect of your charitable status) is kept accurate and up-to-date.

After you make an application, we will undertake a charity validation process to confirm whether or not you meet our eligibility criteria and, on successful completion of the charity validation process, we will confirm your validation. Our charity validation service is currently free of charge to you. It is designed to reassure the public, prospective donors and donors (our supporters) that all of the charities registered with Localgiving.com have charitable purposes or aims and that when supporters donate through Localgiving.com, their donations will be spent locally for the benefit of local people in the United Kingdom. Find out more.

You acknowledge and agree that, upon successful completion of our charity validation service, Localgiving.com shall process all donations, including where applicable Gift Aid, made through Localgiving.com in accordance with these General Terms & Conditions.

N.B. Localgiving reserves the right to decline any registration application without any explanation and to subsequently revoke registration (i) if the charity is no longer undertaking its specified charitable objectives, (ii) if the charity's validation status has changed such that it no longer meets our registration eligibility criteria or (iii) for any other reason in Localgiving's reasonable discretion.

If your charitable status changes, (e.g. you become liable for registration with a legislative or regulatory body or authority) it is your responsibility to update Localgiving.com and the relevant legislative or regulatory body or authority for the part of the United Kingdom where you are located. Localgiving will revoke applications for groups that should have registered with appropriate body.

Localgiving provides a platform to raise voluntary income (freely given donations), not income from trading activities or investment (e.g. not a forum for selling goods and services). It is considered misuse of the website to promote appeal for anything other than raising voluntary income.

Foundations

As part of the charity validation service, all charities registered with Localgiving.com are automatically allocated to a foundation, which will be either (i) their local Community Foundation or (ii) Localgiving Foundation (formerly the Ardbrack Foundation). Each of the Foundations is a registered charity and party to an agreement with Localgiving regarding its relationship with certain charities and has appointed Localgiving as its agent for dealing with donations, including where applicable Gift Aid, made through Localgiving.com.

All donations, including where applicable Gift Aid, made through Localgiving.com are made to the Foundation allocated to that charity, which will then usually make a donation to the charity designated by the supporter. While the Foundations will take account of the supporter's wishes and will make every effort to donate the funds to the supporter's designated charity, the Foundations will have absolute discretion over the making of such donations so as to ensure appropriate donation handling and legal compliance.

Localgiving Foundation is a registered charity (registered charity number 1132411 and with its address at 6th Floor, 233 High Holborn, London WC1V 7DN) and is 80% shareholder of Localgiving. Community Foundations are independent grant-making charities in the United Kingdom committed to supporting projects that engage local people in making communities and regions better places to live. UK Community Foundations is the national membership association for Community Foundations and is also 20% shareholder of Localgiving.

Registration activation

As soon as your registration application and our charity validation process are completed (including our receipt from you of all required documentation), we will send you an activation email to finalise your Localgiving.com registration. The email will provide details on accessing Localgiving.com and your webpages will then go live on Localgiving.com and our donation services will become available and a Donate button will be available on your webpages.

Annual membership fees

The annual membership fee for your use of Localgiving.com is £72 (£60+VAT), payable on the following basis:

- We accept payment by Direct Debit and full details of how to pay will be outlined during the registration process.

- Your annual membership will automatically renew on the anniversary of your start date provided your membership Direct Debit details are still valid.

- We will give you 10 days notice of collection of your membership renewal payment via Direct Debit.

Localgiving.com retains the right to suspend the charity’s use of the Website and associated services at any time should collection of this amount not be successful for any reason. In this situation, the charity may only be granted minimal access to the Website or associated services until receipt of any outstanding membership fees.

Section 2 - Donations Processing

Consent and execution

You acknowledge and agree that Localgiving.com will process all donations, including where applicable Gift Aid, made through Localgiving.com in accordance with these General Terms & Conditions.

Localgiving may refuse to process any transactions made through Localgiving.com if it is not reasonably satisfied that:

- such transactions are lawful and not related to fraudulent activities
- such transactions have been properly authorised by the relevant persons
- the information provided to us in respect of such transaction is true and correct

Donation services set-up

When you apply to register with Localgiving.com,you are required to notify us of your bank account details by providing an original bank statement showing the following details:

- Bank name (a recognised UK based financial institution)
- Account name and address (This should include the charity's name)
- 6-digit bank sort code
- 8-digit bank account number

If you do not provide such details to us, donation processing services will not be available to you and a 'Donate' button will not be shown on your webpages until we receive such details.

Localgiving directs all donation payment transfers to the latest bank account details you provide. You are responsible for keeping Localgiving informed of your correct and up-to-date bank account details. If you provide incorrect or out-of-date bank account details, we will not be responsible if a payment is delayed or made incorrectly.

Donations payment processing journey

A supporter may make a donation using the 'Donate button' on your webpage. The donation is made to the Foundation of that charity and any Gift Aid declared by the supporter is claimed automatically by Localgiving on behalf of the Foundation. Localgiving collects the donations from supporters, and Gift Aid from HMRC, on behalf of the Foundation and holds those funds for the Foundation.

After making deductions for certain fees and charges (as described below), Localgiving will consider making payment of the funds remaining after such deduction, including where applicable Gift Aid, as an unrestricted donation by the Foundation to the charity designated by the supporter.

The Foundations will have absolute discretion over the onward transmission of donations, including where applicable Gift Aid, made through Localgiving.com and may decide to refund donations to a supporter or not to forward payment to the supporter's designated charity if in Localgiving's reasonable opinion either (i) the charity is no longer operating, (ii) the charity has requested Localgiving to take its webpages offline, (iii) the charity is no longer undertaking its specified charitable objectives, (iv) the charity's validation status has changed such that it no longer meets our registration eligibility criteria, or (v) for any other reason in Localgiving's reasonable discretion. On such rare occasions, Localgiving may return the donation to the supporter or forward the funds to an alternative charity and will make reasonable efforts to ensure that the charitable purposes and location of such alternative charity closely matches the supporter's designated charity. Localgiving will inform registered supporters that the funds have been sent to the alternative charity.

Donations made via credit card, debit card or PayPal will typically take up to 12 business days to reach your bank account from the date of donation. Gift Aid claimed by Localgiving is typically received from the HMRC within 4-6 weeks from the date of donation. Gift Aid payments will typically take up to 7 weeks to reach your bank account from the date of donation. We are not responsible for any delayed or incorrect payments made as a result of acts or omission of the relevant financial institution or HMRC. Interest will not accrue or be payable on any donation, including where applicable Gift Aid, made through Localgiving.com.

Gift Aid

Each supporter is responsible at all times for making an accurate Gift Aid declaration when they make a donation through Localgiving.com. We are not responsible for any false or inaccurate Gift Aid declarations made by a supporter.

When supporters make a donation on Localgiving.com they are asked to confirm two statements in order to claim Gift Aid on their donation:

- I am a UK tax payer and I am donating my own money. The following types of donations would not be eligible for Gift Aid

- Cash collections donated through Localgiving.com
- Money donated on behalf of someone else, or a group of people
- Money donated by a company or other organisation

- I will not receive any benefit as a result of my gift (e.g. some types of membership). Examples where the supporter would be receiving a benefit include, but are not limited to:

- Some types of membership subscriptions
- Ticket sales
- Lotteries or raffles
- Any other trading, e.g. buying sports equipment
- Where a person connected with the supporter is receiving the benefit e.g. their child

The supporter also has to provide their full name and home address under HMRC rules, without this information Gift Aid cannot be claimed.

The charity or community group is also responsible at all times to ensure that no benefit is transferred to the supporter as a result of their donation in accordance with HMRC guidelines. For advice on what could constitute a benefit please refer directly to HMRC's website.

If the Gift Aid scheme is not being advertised properly by a charity then this counts a misuse of platform. Wherever possible Localgiving.com will communicate with the charity before taking an action, but repeated or serious misuse will lead to suspension or termination of the charity's account, including but not limited to, the removal of their webpage and donation functionality.

If HMRC rejects a Gift Aid declaration made by a supporter, no payments in respect of such Gift Aid will be made to you. If HMRC requests the Foundation to refund a previously paid Gift Aid claim, Localgiving will contact you, and may either invoice you for the Gift Aid refund amount and/or deduct the Gift Aid refund amount from future donations made to you.

If a Gift Aid claim is rejected immediately and the Gift Aid claimed is not transferred from HMRC to the Foundation, neither Localgiving nor the Foundation will receive any fees or charges in respect of such rejected Gift Aid claim. However, if HMRC requests the Foundation to refund a previously paid Gift Aid claim to HMRC, Localgiving will contact you, and may charge you any applicable fees and charges (as described below) in respect of such Gift Aid claim either by invoice or by deduction from future donations made by supporters through Localgiving.com where you are the supporter's designated charity.

The Gift Aid tax reclaim rate is 25p for every £1 donated. This is subject to change as per HMRC's guidelines.

Deductions from donations

Certain amounts will be deducted from all donations, including, where applicable Gift Aid, made through Localgiving.com:

a 2% charitable donation to the Foundation allocated to the charity. The supporter allocates 2% of their donation, including where applicable Gift Aid, to the Foundation as a donation. The Foundation uses these funds for the continued support of local charities and community organisations throughout the UK.

a 3% transaction processing fee to Localgiving. 3% of the supporter's donation, including where applicable Gift Aid is allocated to Locagiving.com by the Foundation as a transaction processing fee. This fee covers access to the secure and sustainable donation payment processing, including routing of the donation and Gift Aid payments to your bank account, provided by Localgiving.

The following amount is deducted from only the donation, excluding Gift Aid:

a 1% - 2% payment processing fee for the payment method provider (e.g. PayPal). This payment processing fee is deducted only from the donation amount (i.e. there is no payment processing fee on the Gift Aid payable to the payment method provider). The payment method provider may be subject to change. PayPal typically charges 1.2% + 20p for credit card, debit card and PayPal account transactions, but this amount is subject to change.

Campaigns, match funds and other promotions

From time to time, Localgiving.com will run campaigns or promotions such as a match fund. Localgiving.com is not obligated to run any promotions, but does so at the organisation's own discretion and/or as funding allows.

Charities may opt out of participating in a Localgiving.com promotion by submitting a request in writing. Where charities are notified of a promotion and included in a promotion by default, but subsequently submit written request to be excluded from a promotion, it may take Localgiving.com as many as fifteen working days from receipt to fulfil the written request.

Each individual promotion is subject to its own terms and conditions, which will be posted in this section of the Charity Terms and Conditions and emailed to each charity that is eligible for the promotion using each charity's registered contact email address. See below for the terms and conditions of the current Localgiving.com promotion(s), where applicable.

Read the current campaign terms & conditions here or contact our Help Desk on help@localgiving.com or 0300 111 2340

Currency

Donations are accepted only in pounds sterling and transfers to you will be made only in pounds sterling. Payments will only be made to and received from UK-based financial institutions. All fees and charges set out in these General Terms and Conditions are based on donations and payments being made only in pounds sterling, in the UK.

Use of donations made through Localgiving.com

You undertake that donations, including where applicable Gift Aid, received by you through Localgiving.com will only be used in accordance with your charitable purposes and the statements made on your webpage are in compliance with relevant laws.

Localgiving may ask you to substantiate the statements made on your webpages (and their compliance with relevant laws) as to your use of donations.

Localgiving accepts no responsibility for the manner in which you use your donations.

Refunds to supporters on donations

It is not Localgiving’s policy to provide refunds on donations, including where applicable Gift Aid, that have been made through Localgiving.com. Refunds in respect of donations will only be made where permitted by law. Where a refund of a donation is to be made, Localgiving will inform you that the refund will be made and will promptly refund the donation.

Transaction information

All information on the transactions that we process for you through Localgiving.com, and any deductions we have made in respect of such transactions, will be available through your Localgiving.com account (NB: paper statements will not be sent to you). If you are unable to access your transaction information through your Localgiving.com account, please contact the Localgiving helpdesk by emailing help@localgiving.com or telephone 0300 111 2340.

Section 3 - General Provisions

Warranties

You warrant that any content you supply to Localgiving for display on Localgiving.com shall:

- comply with any applicable law or regulation
- not be technically harmful
- not be threatening, defamatory, offensive, pornographic or discriminatory
- not breach any third party intellectual property rights, or any right or duty owed to a third party
- not be materially misleading, incomplete or inaccurate

You are responsible for ensuring that any content you supply for display on Localgiving.com, and any other information provided to Localgiving in relation to you and your charitable purposes and status (including details provided in your application for registration and any other information you provide during the charity validation process), is complete and accurate and is kept up-to-date in all material respects. If your charitable status changes, you undertake to update Localgiving.

Localgiving warrants that all rights in and to any content displayed on Localgiving.com (including text, images and intellectual property) are owned or licensed to Localgiving, so that Localgiving is permitted to use all such content.

Localgiving may include 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 does not make any warranty or guarantee in relation to the content of other websites.

Licences

You grant Localgiving a non-exclusive, royalty-free licence to use your trademarks and any other relevant intellectual property rights; and any and all content you supply to Localgiving for display on Localgiving.com, in connection with the activities of Localgiving.com. These activities include, without limitation, operating and publicising Localgiving.com (for example, through social media outlets).

All such licences shall terminate on the seventh day following expiry or termination of your agreement with Localgiving.

Limitation of Liability

You agree that your use of Localgiving.com is on an as is and as available basis and that your use of Localgiving.com is at your sole risk. To the fullest extent permitted by law, and except as expressly provided under these General Terms & Conditions, Localgiving excludes all representations, conditions, warranties and other terms in relation to Localgiving.com.

Localgiving excludes all liability or responsibility for any loss or damage that may result to you or any third party (including, but not limited to, any direct, indirect, or consequential loss or damage whether in tort, contract or otherwise), in connection with any content displayed on Localgiving.com or the use, or inability to use, Localgiving.com or any websites linked to Localgiving.com. Localgiving does not exclude or limit its liability for death or personal injury resulting from its negligence, fraud, fraudulent misrepresentation or any other liability that may not be excluded or limited.

Localgiving is under no obligation to accept any content supplied by you for display on Localgiving.com; or check or exercise editorial control over the content you supply but may, in its sole discretion, decide to remove, or refuse to upload, any of your content from Localgiving.com.

Localgiving does not accept any liability in respect of any content generated by you or information provided by you (including, but not limited to, information relating to your charitable status) displayed on Localgiving.com.

Localgiving will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these General Terms and Conditions that is caused by any act or event beyond Localgiving's reasonable control. If such an act or event takes place that affects the performance of Localgiving's obligations under these General Terms and Conditions (i) Localgiving will contact you as soon as reasonably possible to notify you; and (ii) Localgiving's obligations under these General Terms and Conditions will be suspended and the time for performance of Localgiving's obligations will be extended for the duration of the relevant act of event.

Information, security and privacy

You are responsible for your own internal password security control, and for all use of your Localgiving.com account. If you know or suspect that someone else knows your login details, you must notify Localgiving as soon as possible by contacting help@localgiving.com.

If Localgiving has reason to believe that there is likely to be a breach of security or misuse of Localgiving.com, Localgiving may require you to change your login details. In extreme circumstances, your Localgiving.com account may also be suspended.

During the term of your agreement with Localgiving under these General Terms and Conditions and for a period of seven (7) years thereafter, Localgiving and you shall treat as strictly confidential all information about the other which they have acquired as a result of the use of Localgiving.com or other services provided by Localgiving that is not in the public domain. Neither party shall use or disclose to any third party any such information without the other's prior written consent, except where required to do so by applicable law or regulation.

Localgiving will capture, process, protect and secure personal data that you and any supporters provide to you for the purposes set out on Localgiving.com, in accordance with the Privacy Policy and in compliance with the Data Protection Act 1998. You will at all times comply with all applicable data protection legislation and guidelines (including, but not limited to, the Data Protection Act 1998). Where a supporter has chosen to allow Localgiving to pass its personal data to you, you will be obliged to only use that data strictly for the purposes and in the manner consented to by the supporter.

Availability of Localgiving.com

Localgiving will take reasonable efforts to ensure a continuous service on Localgiving.com for its users, but reserves the right to suspend or cease operation of all or any part of Localgiving.com at any time without any prior notice.

Suspension or termination

You may, at any time, terminate your agreement with Localgiving under these General Terms and Conditions, and may request that content you supplied for display on Localgiving.com be taken offline, by submitting a request to help@localgiving.com. You may also request that all of your details be deleted from Localgiving.com's databases. Any such request will be actioned by Localgiving within seven days following such request. Some information may persist in backup copies for as long as is required to comply with laws and regulations and to facilitate, in rare instances, the refunding of donations.

Localgiving will not refund subscription fees if you decide to terminate your agreement with Localgiving under these General Terms and Conditions before the end of the then current subscription period.

Localgiving may without giving you warning, in its reasonable discretion, and without liability, suspend (including, but not limited to, by restricting your ability to receive donations) or terminate the particular webpages displaying content you supplied for display on Localgiving.com and/ or its agreement with you under these General Terms & Conditions if you breach any of your obligations under these General Terms & Conditions.

Localgiving.com is not obligated to renew your subscription period when any existing subscription period ends.Webpages displaying content you supplied may be taken offline if you do not renew your subscription.

Applicable Law

The agreement between us, including these General Terms & Conditions, and any non-contractual obligations arising out of or in connection to them, will be governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the English Courts.

Notices

Notices must be in writing and, in the case of notices from you to Localgiving, may be sent to the street address or email address below, and in the case of notice given by Localgiving to you, may be sent by post or email, using the most recent contact details provided to Localgiving.

Miscellaneous

Localgiving may amend these General Terms & Conditions from time to time. You are responsible for reviewing the latest version of these General Terms & Conditions when you access Localgiving.com. The latest version of these General Terms & Conditions will govern any future usage by you of Localgiving.com. Copies of these General Terms & Conditions will be available upon request.

You may not transfer your rights or obligations under these General Terms & Conditions to any other person or organisation. Localgiving may transfer its rights and obligations to another person or organisation without prior notice to, or consent from, you.

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.