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General Terms & Conditions of use for Supporters

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 01/04/2014.

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

What is Localgiving.com?

Localgiving.com is a service that collates trusted, validated local charities and community groups (charities) and provides a secure donation payment platform.

In order for a charity to appear on Localgiving.com, the charity has been validated by Localgiving (or the Foundation) to reassure the public, prospective donors and donors (our supporters) that when supporters donate through Localgiving.com, their donations will be used for charitable activities and spent locally for the benefit of local people in the United Kingdom. Click here to learn more about eligibility. However, neither Localgiving nor the Foundations can accept any liability in respect of information provided by a charity on Localgving.com or for the activities they undertake.

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.

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.

Donations payment processing journey

When you may make a donation using the Donate button on a charity's webpage, the donation is made to the Foundation of that charity and any Gift Aid you declare 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.

In normal circumstances, Localgiving will make payment of the funds remaining after the deductions (described below), including where applicable Gift Aid, as a donation by the Foundation to the charity designated by the supporter. The Foundation will take account of the supporter's wishes and will make every effort to donate the funds to the supporter's designated charity, however, the Foundation will have absolute discretion over the making of such donations so as to ensure appropriate donation handling and legal compliance. The Foundations may decide not to forward payment to the supporter's designated charity for any reason in the Foundation's reasonable discretion (for example, where (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 no longer meets our registration eligibility criteria). On such rare occasions, the Foundations may forward the funds to an alternative charity and will make reasonable efforts to ensure that the charitable activities 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.

Gift Aid

You are responsible at all times for making an accurate Gift Aid declaration when you make a donation through Localgiving.com. This includes (but not limited to) consideration of HMRC guidelines with regard UK taxpayer status, donating own money and not receiving any benefit as a result of the gift. We are not responsible for any false or inaccurate Gift Aid declarations made by a supporter. The Gift Aid tax reclaim rate is 25p for every £1 donated. This is subject to change as per HMRC's guidelines.

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.

Each individual promotion is subject to its own terms and conditions, which will be posted in this section of the Supporter Terms and Conditions. See below for the terms and conditions of the current Localgiving.com promotion(s), where applicable.

Click here for more information

or contact our Help Desk on help@localgiving.com or 0300 111 2340


1. Localgiving.com makes all decisions regarding promotions on the platform, entirely at its own discretion.

2. Localgiving.com has the right at its absolute discretion to block an individual from participating in any promotion, or match fund.

3. It is the responsibility of a charity to communicate to Localgiving.com if their objects change or other circumstances arise whereby they no longer meet the eligibility criteria for Localgiving.com.
Click here to learn more about eligibility

4. If the objects of a charity change or other circumstances arise whereby the charity no longer meets the eligibility criteria for Localgiving.com, Localgiving.com may, at its discretion, decide and communicate to a charity, that it is no longer entitled to participate on the Localgiving.com platform or campaigns on the platform, irrespective of its subscription status at Localgiving.com.

5. If an individual wishes the Gift Aid scheme to apply to his or her donation(s), it is the sole responsibility of that individual to make a valid Gift Aid declaration at the time of his or her donation(s).

6. Localgiving.com may decline to process a Gift Aid and tax repayment claim on behalf of a group or foundation in respect of a donation by a supporter at its discretion.

7. Localgiving.com is an online donations platform that allows individuals to donate with automatic Gift Aid processing. N.B. There is no online facility via Localgiving.com for donations to be made by one individual on behalf of others with Gift Aid reclaimed.
For reference to HMRC regulations click here

Deductions

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

  • 2% of the donation, including where applicable Gift Aid, will be retained by the Foundation for the continued support of local charities and community organisations throughout the UK.
  • 3% of the donation, including where applicable Gift Aid, will be paid to Localgiving 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 also deducted from only the donation, excluding Gift Aid:

  • a 1% - 2% payment processing fee for the payment method provider (e.g. PayPal). The payment method provider may be subject to change. PayPal typically charges 1.4%+20p for credit card, debit card and PayPal account transactions, but this amount is subject to change. The processing of donations by the payment method provided is subject to their terms and conditions and is outside the control of Localgiving.

Currency

Donations are accepted only in pounds sterling. 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.

Refunds of donations to supporters

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 your donation.

Use of Localgiving.com

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

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

The charity is responsible for ensuring that any content it displays on Localgiving.com, and any other information provided to Localgiving in relation to it and its charitable activities, is complete and accurate and is kept up-to-date in all material respects.

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.

Intellectual property

All content on Localgiving.com is owned by Localgiving, the charities and any other providers and is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content on 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 personal, non-commercial use, provided copyright and proprietary notices are abided by. Please contact marketing@localgiving.com if you would like to seek permission to use or display any Localgiving.com intellectual property. You may not otherwise reproduce, modify, copy or distribute any of the other materials or content on Localgiving.com without written permission from Localgiving and, where applicable, the copyright holder.

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 or any other liability that may not be excluded or limited.

Information, security and privacy

We ask you to set up a Localgiving.com account so that you can choose your favourite charities to support, see the impact you have made to your community and store that information for tax and legal purposes. Where you have a Localgiving.com account and login details, you are responsible for keeping this information confidential 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.

Localgiving will capture, process, protect and secure personal data that you provide to us for the purposes set out on Localgiving.com and in accordance with the Privacy Policy and in compliance with the Data Protection Act 1998. We will at all times comply with all applicable data protection legislation and guidelines (including, but not limited to, the Data Protection Act 1998). By creating your supporter account email and password, you are opting in to receive communications from Localgiving.com. Should you wish, at any time, to adjust your communications preferences (including donating anonymously, receiving information from Localgiving.com, Community Foundations and/or your favourite charities individually), you are able to do so by logging in to your supporter account and adjusting your settings. Where you have chosen to allow Localgiving to pass your personal data to a charity, a Foundation, or both, the charity will be obliged to only use that data strictly for the purposes and in the manner consented to you. We cannot be responsible for any misuse of that information by a charity.

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

Suspension or termination

You may discontinue your use of Localgiving.com at any time and where you have chosen to register with us you may inform us by writing to us via e-mail to help@localgiving.com. These General Terms & Conditions will continue to apply to your past use of the 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.

If at any time, there is any breach by you of these General Terms & Conditions, Localgiving reserves the right to immediately terminate your use of Localgiving.com.

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 may 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.

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.

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