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Terms & Conditions

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1.0 Welcome

1.1 Introduction

Welcome to the Give as you Live Donate terms and conditions, regarding use of our fundraising tools, donations tools, and website (donate.giveasyoulive.com). Give as you Live Donate is part of the Give as you Live online fundraising platform, operated by Give as you Live Limited.

We also have separate documents that cover:

If you use other products and services from Give as you Live Limited, additional policies may apply - you should check the relevant website(s) for those additional policies.

If you represent a charity, you should see our charity terms and conditions.

This policy was last updated on 5th November 2019.

1.2 Formal notices

Give as you Live Donate is a trading name of Give as you Live Limited ("we", "us" or "our"), a registered company in England & Wales (company number 5181419), with registered offices at Basepoint Business Centre, Crab Apple Way, Vale Business Park, Evesham, Worcestershire, WR11 1GP, United Kingdom.

By using our website, product or services, you are accepting our terms and conditions.

These terms and conditions may change or be updated from time to time. It remains your responsibility to access and check these terms and conditions when you use Give as you Live Donate. The latest version of these terms and conditions will govern any future usage by you of Give as you Live Donate.

2.0 About donations

2.1 Donations

Give as you Live Donate involves you making a donation out of your own funds. You can also request that Gift Aid be added to your donation. You can either make a donation direct to a charity, or via a fundraising page that has been created in aid of a charity.

Although you do not need a Give as you Live Donate account in order to make a donation, if you want a donation to be allocated to your account, you need to create an account and be logged in.

When making the donation, it is your responsibility to provide the correct payment card details (debit or credit card), the correct donation value, and to only make the intended number of donations. We can take no responsibility if a donation fails due to incorrect information being provided.

We only accept donations in pounds sterling - donations made in other currencies will be converted by your payment card provider in accordance with your agreement with them. Any bank fees generated by this conversion are outside of our control and do not affect the value of your donation.

Payment is taken by Give as you Live Limited (a registered in England & Wales with company number 5181419). It is their name which is stated on your bank statement and not that of the charity or fundraiser you are donating to. The donation is paid by Give as you Live Ltd to the charity, less any fees, in accordance with section 3.3 Payment methods and timings.

If you believe your payment card has been used to make an unauthorised donation, please contact us at your earliest convenience. You should also contact your bank or card provider in accordance with their reporting procedures.

If you mistakenly enter an incorrect donation amount or repeat a donation, it is your responsibility to inform us in a timely manner (contact us here). Once contacted, we will use our resonable efforts to achieve a refund however we cannot guarantee this and cannot be held liable for any bank fees you may be charged as a result of the donation(s).

When making a donation, you can optionally provide a comment. This will be displayed publicly and must not contain language that is illegal or which may be deemed offensive. We reserve the right to edit or remove comments.

All fundraising pages are listed in good faith. However we cannot guarantee that any actions or events described on these pages (for example that an individual will complete a marathon) will be carried out, or that funds will be used in any prescribed matter. If you believe that a fundraising page is displaying misleading information, please contact us.

2.2 Repeat donations

When making a donation, you have the option to make it a repeat donation. This option should only be used by people aged 18 and over.

Repeat donations will be processed automatically each month. When a payment fails, then the repeat donation will be cancelled. Repeat donations will also be cancelled once a card has reached its expiry date, if the charity the donation is made to stops being listed as an available charity on Give as you Live, or if you inform us that you wish to cancel it (this can be done via your account or by contacting us).

If your repeat donation is to a fundraising page, then the repeat donation will be cancelled once the fundraising page has closed. If the fundraising page is subsequently re-opened by its owner, then the repeat donation will not be restarted.

The payment of repeat donation will be delayed if a date does not exist. For example, if you selected 31st January as the date of the first payment, then the February payment will be delayed until 1st March and subsequent payments will happen on the 1st day of each month.

2.3 Gift Aid

If you choose to add Gift Aid to your donation, Gift Aid can be claimed by the charity on your behalf on the full payment value of your donation less any fees which are set out in section 3.3 Payment methods and timings.

You must only add Gift Aid is you are eligible to do so, and it is your responsibility to answer the Gift Aid eligibility questions correctly and to provide the correct contact details. Gift Aid can only be paid to the charity if they are approved by HMRC to receive Gift Aid. The approval of Gift Aid is at the sole discretion of HMRC and we can take no responsibility for the decisions they make. If we know that a charity or fundraising page is not eligible to receive Gift Aid, then the Gift Aid form will not be presented as part the donation process.

If you are unsure if you are eligible to add Gift Aid to your donation, you should seek advice from HMRC or your own adviser(s); we cannot provide financial or tax advice.

As explained in our privacy policy, if you choose to add Gift Aid then the information you submit will be passed to HMRC via the charity, so that they can verify whether your donation is eligible for Gift Aid. If your donation is made through UK Skydiving then the information is passed to HMRC via UK Skydiving.

If you have created a repeat donation and chosen to add Gift Aid, and you subsequently become no longer eligible to add Gift Aid, it is your responsibility to cancel the repeat donation (you may create a new one without Gift Aid).

2.4 Fundraising pages

You have the ability to create a fundraising page via your Give as you Live Donate account. This allows people to make a donation via your page to the charity you specify. By creating the page, you agree for the page and its content and images to be reproduced and made publicly available.

The fundraising page tool allows you to upload text and images. You must use this tool in a responsible and legal manner. For example, you must not upload any content that may be deemed offensive, or any content protected by copyright without permission. Further, you must not use fundraising pages to mispresent yourself or to mislead others.

When creating a page, unless your charity is ineligible to receive Gift Aid, you will be asked some questions to ascertain if Gift Aid can be applied to eligible donations made via your page. It is your responsibility to answer these questions truthfully You must not request users to add Gift Aid when they may be ineligible, for example when the donation is part of a raffle or when a product/service is given in exchange for the donation.

Any views expressed on fundraising pages are, unless specifically stated, not those of Give as you Live Donate and we are not responsible for those views.

You retain ownership of any content you add to your page. By adding images or video (or other content covered by intellectual property rights) to your page, you give Give as you Live permission to store, use and edit that content without charge. If you wish for us to stop using this content, you can remove such content from your page at any time, and you should contact us to inform us so that we can delete stored versions of your content. Please note that deleted content may persist in backup copies for a reasonable period of time.

When creating, maintaining and promoting your fundraising page, it is your responsibility to adhere to our best practices and the Fundraising Regulator's Code of Fundraising Practice and guidance notes.

2.5 Your account

You may create an account on our website. This account can be used across all Give as you Live products. You do not need an account in order to make a donation, but do need one in order to create a fundraising page.

You should not create an account if you are aged under 13. If you are aged between 13 and 18 then an account must only be created with the approval and supervision of a parent or guardian.

When creating your account, you may choose a password to protect your account or choose to log in with Facebook. It is your responsibility to keep your password safe.

If you wish to close your account, please contact us.

3.0 About charities and payments

3.1 Charities listed on Give as you Live Donate

We list charitable organisations who are fully registered with either the Charity Commission for England & Wales, the Office of the Scottish Charity Regulator, or the Charity Commission for Northern Island; or who are officially recognised by HM Revenue & Customs (HMRC) as a 'good cause'. We are also able to list Community & Amateur Sports Clubs (CASCs) and Community Interest Companies (CICs).

You may choose to support any charity we list. Some charities may have similar names, descriptions or logos - it is your responsibility to select the charity you intend to select.

If at any time you wish to change your selected charity, you may do so through your account. Changing your charity does not affect any previous generated donations. We can only change the benefitting charity of a donation in exceptional circumstances.

In cases where you do not choose a charity to support, or if donations can no longer be made to your originally selected charity (see section 3.4 De-registered Charities and failed payments), then we will choose the benefitting charity at our own discretion. Typically, this will be a charity chosen as our 'featured charity'.

3.2 Use of charity data

Charity data is often made publicly available. For example, the Charity Commission for England & Wales maintains a public database of registered charities and contact details. We uses this freely available data to create our list of supportable charities and store the information on our databases.

Subject to the terms of the data provider (e.g. the Charity Commission for England & Wales), we may also contact the charity using those contact details to make them aware of any funds that have been raised for them through our services, as well as any benefits, products and services that we make available to the charity sector in order to help them raise additional funds.

We only contact people on that database or those who have expressly given us permission to do so.

3.3 Payment methods and timings

Payments are made to charities by BACS, subject to our payment schedule and to any minimum payment thresholds. Direct donations are paid by Give as you Live Limited.

The charity agrees that Give as you Live Limited may establish a Stripe Connect account on your behalf in order to process donations as part of the website registration process and warrants that the charity administrator is authorised to register for the website. In doing so the charity agrees to be bound by Stripe terms if applicable and accepts the fees that apply to processing such donations.

A 4.8% fee applies to the donations made via Give as you Live Donate. This is to cover the administration costs and fees involved in taking the payment and then making the payment to the charity. When making a donation, donors are given the option to increase their payment in order to cover the value of the fees.

No fees apply to Gift Aid, which is paid subject to approval by HMRC. As per section 2.2, the approval of Gift Aid is at the sole discretion of HMRC and we can take no responsibility for the decisions they make.

Give as you Live Limited does offer additional products and in some cases fees or different payment timinings may apply, however these will only apply to the relevant portion of the payment.

In exceptional circumstances, payments may be made via cheque by us direct to the charity.

3.4 De-registered charities and failed payments

Payments can only be made if we or our payment partner have the required bank details of the charity. In cases where no bank details have previously been provided or if the a payment has failed due to incorrect details, we will endeavour to contact the charity however we cannot be held responsible if the charity is uncontactable, declines to respond, or responds but declines to provide the required bank details.

When this happens, we will continue to hold the funds at our discretion in case bank details are subsequently provided, however we reserve the right to make the donation to a different charity if we decide the bank details are not going to be forthcoming within a reasonable time.

In some cases, a charity may cease to be listed on our services - this may be because they have ceased to exist as a registered charity, or it may be at their request. Any outstanding donations will be paid to a charity of our choice.

3.5 Use of funds by charities

Each charity reserves the right to utilise the funds raised for any purpose as they see fit. The charity's decision regarding use of funds is final.

4.0 Further terms and conditions

4.1 Privacy policy

Our privacy policy explains how we handle your account information and the steps we take to ensure your privacy. We also have a cookie policy.

4.2 Trademarks

The names Give as you Live®, Give as you Live Donate™, donate.giveasyoulive.com, and the Give as you Live Donate™ logo are the property of Give as you Live Limited. These marks and URLs and any other product and service names that are displayed on www.giveasyoulive.com or donate.giveasyoulive.com may not be used in connection with any product or service that is not provided by Give as you Live Limited, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit these marks and specifically Give as you Live Donate.

Other trademarks, service marks or logos that appear on our services - including, but not limited to, those of our charity and merchants - are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both us and the trademark owner.

4.3 Copyright

All aspects of the Give as you Live Donate service are protected by copyright. All content is owned either by Give as you Live Limited, our supported charities, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws.

Give as you Live Donate, in whole or in part, is for your personal use only. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark or other proprietary notice. No other use of the website's content is permitted without the express prior permission of Give as you Live Limited, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to finance@giveasyoulive.com.

4.4 Changes to the service

Give as you Live Donate will make every effort to ensure that its services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms and Conditions.

4.5 Indemnification

You agree to indemnify Give as you Live Limited against any loss, liability, claim, demand, damage or expense (including legal fees) that may occur in connection with the use of this site. We take reasonable care and skill to ensure that the data provided on this site is accurate and up to date. However, we give no warranty or undertaking of the accuracy or completeness of any information on the site and do not accept liability for any errors or commissions, neither do we accept any liability for any resulting damage or loss howsoever arising.

4.6 Linking from external websites

Other websites may link to our websites (including donate.giveasyoulive.com); however, it is not permitted for pages to be loaded into frames on other third party sites, or for pages to be linked to from any websites that contain material which could be construed as offensive or illegal.

4.7 Links to external websites

Give as you Live Donate links to many other third party websites for information and as a service to our users. The external websites are not under our control and we are not responsible for the content of any linked site.

By listing or linking to another site, we are not making any kind of endorsement and we accept no liability in respect of the content. We do not guarantee that links will work all of the time and cannot control the availability of the linked pages.

If you deem any link inappropriate or offensive, or find any link does not work, then please let us know so that we may remove the link.

4.8 Unauthorised use of our website

If it is found that the Give as you Live Donate service is being interfered with in any way including modification of URLs, posting unauthorised URLs on public media, pages being spidered, automatic scripts or anything deemed by ourselves to be abnormal or improper use then we reserve the right to terminate your account and any donations may become voided.

To protect our retailers, any abuse of an offer may lead to transactions being revoked. Any transactions deemed to be of a suspicious nature may require verification by ourselves and/or the retailers involved, and further information on your transactions may be requested from yourself.

For this reason, we may pass on any details which you have provided in communications with the merchant and its agencies. Usernames should not be offensive nor used in any way which may represent any trademarks or brand names, be it owned by Give as you Live Donate or other entities. Where this is the case then you will be required to update this to a suitable name.

4.9 Virus disclaimer

We take all reasonable effort to test material before making publically available. In the very unlikely event of any loss, disruption or damage, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur whilst using Give as you Live Donate or any material derived from our service.

4.10 Disclaimer

The Give as you Live Donate service and Give as you Live website is provided 'as is', without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

We do not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials.

In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of Give as you Live Donate.

Use of Give as you Live Donate is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

4.11 Termination

You may discontinue use of Give as you Live Donate at any time. These terms and conditions will continue to apply to past use by you.

4.12 Modification of agreement

We may modify any of the terms and conditions contained in this agreement, at any time and at our sole discretion for any reason. We will post the revised agreement on this website.

4.13 Miscellaneous

Our failure to enforce your strict performance of any provision of this agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement.

4.14 Governing law

These terms and conditions shall be governed by the laws of England. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England. You hereby consent to the exclusive jurisdiction of the England courts in all disputes arising out of or relating to the use of Give as you Live Donate.

4.15 Third party rights

A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.