General Terms & Conditions of use for donors

These Terms and Conditions govern the use of the Localgiving website (Localgiving Site) by you (whether or not you choose to register with us) 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 & Conditions, please do not register for or use the Localgiving Site. If you have any questions on the Terms & Conditions, please contact help@localgiving.com

1. Definitions and Interpretation

1.1 'CF' means a Community Foundation

1.2 'Charity' or 'Charities' means charities and community groups and includes companies, partnerships and any unincorporated organisations that undertake charitable activities

1.3 'Charity Website' means the webpages a Charity may create within the Localgiving Site

1.4 'Localgiving Site' means the webpages housed under the parent domain www.localgiving.com

1.5 'You' or 'you' means the individual using the Localgiving Site to donate or support designated Charities through their local CF.

2. Our terms of business – please read carefully

2.1 The Localgiving Site is provided in order to promote, increase awareness of and raise funds for Charities and their charitable activities. The Localgiving Site allows you to donate to and raise funds for any of the Charities shown on the Localgiving Site via the local CF.

2.2 In order to appear on the Localgiving Site all Charities have had to be vetted by their local CF. All CFs that work with Localgiving follow quality standards endorsed by the Charity Commission or have been separately approved by the Community Foundation Network. However, neither Community Foundation Network, the CFs nor Localgiving can accept any liability in respect of information provided by the Charities on the site or for the activities they undertake.

2.3 You may choose to remain anonymous or register with us. While you may not have registered with us we reserve the right to contact you through the payment processor (eg Paypal) which retains certain information relating to you or from the information you have provided to us for the purposes of making a Gift Aid reclaim, if, for example, there are any problems associated with the receipt or handling of your donation and/or for other operational reasons or so as to comply with law.

2.4 Certain fees and charges are deducted from your donation as explained on the Localgiving Website and in clause 3 below.

2.5 All donations, including where applicable Gift Aid, are made to the local CF and then distributed by the CF to the local Charities identified by Donors. While the CF will take account of your wishes and will make every effort to forward the funds to your designated Charity, it will have absolute discretion over the making of such donations so as to ensure it complies with law. In the circumstances set out in clause 3.3 your donation may be directed to a different charity.

2.6 Localgiving is not responsible for any of the financial consequences of your making a donation on the Localgiving Site.

3. Donations and fees

3.1 Donations shall be processed in the following manner:

• 3.1.1 Every donation is subject to a small 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.
• 3.1.2 Where requested by you, the donation will be processed for Gift Aid. In such cases you must confirm that you satisfy the necessary HMRC conditions. Click here for more information.
• 3.1.3 All donations will be subject to a payment processing fee of 6% of the donation amount, in addition to deduction of the handling fee referred to in 3.1.1 above. The donation amount is calculated to include Gift Aid where Gift Aid is reclaimed. The fee shall be deducted from the donation as follows:
  • a. If Gift Aid is being reclaimed, the CF 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.
• 3.1.4 All donations made via the Localgiving Site are made to the CF and sent to the local CF bank account for onward transmission to designated Charities.

3.2 Where donations are payable to a designated Charity, subject to clause 3.3, the CF will use its reasonable efforts to see that the donation reaches the Charity’s bank account within 10 working days.

3.3 The CF 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's reasonable opinion that Charity is no longer operating; indicates it has no need of additional funding; has requested its site be taken offline; is not undertaking its specified charitable objectives; is affected by a change in its CF vetting status; or for any other reason in the CF's reasonable discretion. On such rare occasions, the CF 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. The Localgiving Site will inform registered Donors that the funds have been sent to the alternative recipient.

3.4 Only where it is not possible to forward a donation to a Charity or a suitable alternative charity, will the donation be refunded. The Donor shall not be entitled to request a refund of their donation in any other circumstances.

3.5 The recipient Charity reserves the right to use any Localgiving donation for its general purposes and nothing in the Charity's Website shall be considered as indicating the donation will be used for a specific purpose. Localgiving encourages Charities to report on the use of donations, but is not responsible for the content, if any, of such reports.

3.6 There is a £1,000 single transaction limit on donations made through the Localgiving Site. If you wish to make a donation of more than £1,000 to a designated Charity, please notify us and we will refer you to your local CF who can provide you with a personalised donation management service.

3.7 Charities may be subject to additional daily or annual donation limits that are defined by the local CF in order to ensure donations can be effectively applied for the purposes for which they are given.

4. Information security and privacy

4.1 Where you have registered with us and we have given you, or you have chosen login details, enabling you to access certain parts of the Localgiving Site, you are responsible for keeping this information confidential.

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

5. Intellectual property

All Localgiving Site content (including, for the avoidance of doubt, Charity Website content) is owned by Localgiving, the Charity and any other providers and is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Localgiving Site 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 personal, non-commercial use, provided copyright and proprietary notices are abided by. You may not otherwise reproduce, modify, copy or distribute any of the other materials or content on the Localgiving Site without written permission from Localgiving and, where applicable, the copyright holder.

6. Your use of the Localgiving Site

6.1 You may not use the Localgiving Site for any of the following purposes:

• 6.1.1 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;
• 6.1.2 transmission of any material that encourages conduct constituting a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
• 6.1.3 interfering with any other's use or enjoyment of the Localgiving Site;
• 6.1.4 making, transmitting or storing electronic copies of materials protected by another's intellectual property rights without the permission of the owner; or
• 6.1.5 any other purpose which is unlawful or likely to harm or bring the Localgiving Site into disrepute.

7. Availability of the Localgiving Site

7.1 Localgiving 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 the Localgiving Site or the Charity Website, you should report it to help@localgiving.com and we will attempt to correct the fault as soon as we reasonably can.

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

7.3 If Localgiving is informed of any inaccuracies in the material on the Localgiving Site it shall attempt to correct the inaccuracies within a reasonable timeframe.

8. Termination

8.1 Where you have chosen to register with us you may discontinue use of the Localgiving Site at any time by writing to us via e-mail to help@localgiving.com. 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 & Conditions will continue to apply to past use of the Localgiving Site by you.

8.2 If at any time, there is any breach of these Terms & Conditions, Localgiving reserves the right to immediately terminate your use of the Localgiving Site.

9. Disclaimer and Limitation of Liability

9.1 Nothing in these Terms & Conditions shall exclude liability for death or personal injury resulting from Localgiving's, Community Foundation Network's or the CF's negligence, fraud or any other liability that cannot be excluded or limited by law.

9.2 Except in relation to clause 9.1 above, Localgiving's Community Foundation Network's or the CF's liability in respect of your use of this Site 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 and shall be limited to the amount of your Donation.

10. Amendments

Localgiving may update these Terms & Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Localgiving Site. Any changes we may make to these will be posted on this page.

11. Third Party Websites

The Localgiving Site 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 does not make any warranty or guarantee in relation to the content on other such websites.

12. Advertising and Sponsorship

Part of the Localgiving Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Localgiving Site complies with relevant laws and codes. Localgiving shall not be responsible for any error or inaccuracy in advertising and sponsorship material.

13. 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.

14. International Use

Localgiving makes no promise that materials on the Localgiving Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Localgiving Site 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.

15. Miscellaneous

15.1 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.

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

15.3 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.