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Definitions

The definitions set out in the Schedule to these Terms and Conditions apply to all references to the terms defined in the schedule where they appear in the terms and conditions and throughout the rest of this guide.

Terms and Conditions of the Charities Trust Sponsor Me pages:

Charities Trust, a charity registered with the Charity Commission, (registration number 327489) and a company limited by guarantee registered in England, (company number 2142757) operates the website www.sponsorme.co.uk and other related systems and services. These are the Terms and Conditions which govern each use you make of the payment services provided through that website.

These Terms and Conditions apply separately to each single donation or event fee payment that you make. By confirming on the sponsor-me website that you wish to make a donation or event fee payment you agree to be bound by these Terms and Conditions for that transaction.

1. General Usage

Your use of our Internet sites or any of the products or services offered on those sites (collectively, the "Services") is subject to these Terms and Conditions (Terms). Charities Trust reserves the right to modify these Terms at any time without notice to you by posting revised Terms on our website. Your use of our website or Services constitutes your binding acceptance of these Terms, including any modifications that we make.

Some of our Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additionally posted conditions, the provisions of the additional conditions shall prevail.

Charities Trust has the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice

Restrict, suspend or terminate your access to all or any part of the Services.
Change, suspend or discontinue all or any part of the Services.
Refuse, move or remove any material that you submit to our sites for any reason.
Refuse, move or remove any content that is available on our sites.
Deactivate or delete your accounts and all related information and files in your account.
Establish general practices and limits concerning use of our sites.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our Services may include communications such as service announcements and administrative messages from us or our partners and that these communications are considered part of the Services.

You will not be able to opt-out of receiving these messages.

2. About Charities Trust and the charities you may donate to

Any donation which you make using the website will be made to Charities Trust itself. Charities Trust is a registered charity, so your donation may be eligible for Gift Aid (see below for more details).

Although your donation will be made to Charities Trust you can choose a charity from the list available on the website to which you would like Charities Trust to pass on your money. Charities Trust will usually pass on your donation to your chosen charity in accordance with your wishes, although they retain a final discretion over whether or not to do so.

Your donation will be allocated to the charity or charities nominated by the fundraiser, as soon as payment is made. There may be occasions where donations are held pending further investigations. Your donation plus Gift Aid less Charities Trust's fees will be passed to a charity and not applied to Charities Trust's own funds.

Charities Trust is not responsible for any dissatisfaction you may have about how your chosen charity uses any donation which you make through the website.

3. Making donations

You can make donations by following the instructions on the Sponsor Me website. Donations can be made by debit card or credit card (including American Express).

Any donations made in currencies other than GBP will be converted to Sterling and you may incur additional fees levied by your card provider for the transaction.

Once a donation is made using the website, the transaction is final and cannot be disputed or reversed unless it was made fraudulently. If you become aware of any fraudulent use of your debit card or credit card you should report this to your card operator in accordance with their reporting rules.

Not withstanding the above Charities Trust may at its absolute discretion agree to refund a donation made in error if the funds have not been passed to the nominated charity. Where this occurs an administration fee of £10 will be incurred.

When you make a donation, it may be necessary for us to verify your identity or the details which you have given to us. You agree that you will provide such information or documents as we may reasonably request from time to time to enable us to do this.

4. Gift Aid

When you make a donation using the website and confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme from time to time, Charities Trust will reclaim Gift Aid on your donation under the Gift Aid scheme and add this to your gift. Further details about this will be given when you use the website to make a donation. Please note that Charities Trust is not a financial, tax or accounting adviser and you should not rely on information on the website to determine the financial, tax or accounting treatment of any donation which you make using the website.

Further information about the Gift Aid scheme can be found on the HMRC website http://www.hmrc.gov.uk/individuals/giving/gift-aid.htm including details of how higher rate tax payers can reclaim additional tax relief on their donations.

5. Fees

If you do not have a Charities Trust My Giving Account a small fee of 4% will be deducted from the sum of your donation and any Gift Aid reclaimed, to cover our administrative costs. If you are a Charities Trust My Giving Account customer then the amount of the fee deducted will be in accordance with the existing terms of your Charities Trust My Giving Account.

If your donation is not eligible for Gift Aid the fee of 4% will be deducted from the donation alone.

6. Online Services

When registering to fundraise with Sponsor Me you will be asked to select a password to protect your account. (Users are not required to register unless setting up their own fundraising event - you do not need an account to make a donation). Charities Trust advises that you keep your password secret, and if you believe that you password may have become lost, stolen, misused, used without authorisation, or have become known to another person you must contact us to go through the process of resetting your password. If you become aware of any fraudulent card use or if it is lost or stolen you must contact your card provider.

The online services may become temporarily unavailable and although this mostly occurs through planned overnight maintenance. Charities Trust will endeavour to inform you of any planned downtime or account suspension through a general notice on our website.

Occasionally the payments service will be interrupted or caused to fail by unforeseen circumstances beyond the control of Charities Trust, or where we need to act to comply with the Law. We will not be responsible for the consequences of such events.

7. Site Usage

Charities Trust as the operator of the Sponsor Me website acts as an intermediary between the Charities and the individual or corporate users of our Services. If Charities Trust requests registration information from you, you will provide us with true, accurate, current and complete information. If you are issued with a password you may not reveal this password to anyone else and you may not use anyone else's password to access an account that is not your own. Charities Trust is not responsible for maintaining the confidentiality of your accounts and passwords beyond the agreed Privacy Statement. You agree to immediately notify us of any unauthorised use of your passwords or accounts or any other breach of security.

You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may occur if you fail to comply with these requirements.

The technology and the software underlying our sites and the Services is the property of Charities Trust, our affiliates and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer the any right to the technology or software underlying the site of the Services. You agree not to modify the software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified version of such software, including (without limitation) for the purpose of obtaining unauthorised access to our sites.

Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
Download any file that you know or reasonably should know cannot be legally obtained in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
Restrict or inhibit any other user from using and enjoying any public area within our sites;
Collect or store personal information about other end users;
Interfere with or disrupt our sites, servers, or networks;
Impersonate any person or entity, including, but not limited to, a Charities Trust representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
Engage in any illegal activities.

If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.

Unauthorised access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by Charities Trust for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.

8. Content

Our sites include a combination of content that we create, that our partners create, and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part.

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our sites ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

Our site contains content that we create as well as content provided by third parties. It also includes information about products and services offered by parties other than Charities Trust, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or the quality of the content on our sites, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of our sites.

You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

9. Your privacy

Your privacy is important to us. Please read our privacy policy to see how we may use your personal information.

10. Cookies

Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web Browser to enable our system to recognise your browser and to provide features such as online donations and accessing of account information. The help menu on the bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. However, cookies allow you to take full advantage of the website and we advise that you leave them switched on. Cookies allow our website to identify you when you visit the home page and if selected will log you in automatically. As such, take all required precautions to prevent other users from fraudulently logging on and using your account especially if using a shared computer/device. Charities Trust takes no responsibility for the fraudulent access of your account for this reason.

From any point after you have entered our website we may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users' browsing actions and patterns, and does not identify any individual. For the same reason, we may obtain information about your internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our website and to deliver a better and more personalised service. In summary, the cookies we use enable us:

To estimate our general audience size and how they use our site
To recognise you when you return to our site
To store information about your preferences to allow us to customise our site according to your individual interests
To speed up your searches

In summary, the cookies will enable us to:

Track the first and last pages you visit and your total number of visits to the website
Track how long you spend on any page existing within our website
Track how you have been visiting the website
Track how you came to access the website including any keyword searches, search engine information or referrer

To find out more on cookies generally and about how to restrict or block the cookies this site uses, please visit www.aboutcookies.org.

Please note that if you restrict or block cookies this website uses, this may reduce the performance and usability of the site.

11. Changes to our Privacy and Cookies Policy

Any changes we may make to our Privacy and Cookies Policy in the future will be posted on this page. Please check this page from time to time to ensure that you are aware of any changes to our Privacy and Cookies Policy. Your continued use of this website will be deemed to signify your acceptance to any changes to our Privacy and Cookies Policy.

12. Links

Charities Trust's website may contain links to websites of third parties. Charities Trust is not responsible for the privacy practices, the content or the product or service offerings of any third party website.

13. Failure to Comply with these Terms

If you break these Terms and Conditions we reserve the right at our sole discretion, with or without notice, to delete any content and to prohibit you from using all or part of the Services.

14. Trademarks

The names Sponsor Me, sponsorme.org, sponsorme.co.uk, Charities Trust, the Sponsor Me logo and any other products or Services that we may provide through our website are property of Charities Trust or our partners and affiliates. As such they may not be used in connection with any other product that is not Charities Trust's, nor in any manner that may present Charities Trust in a bad light, cause confusion or disparage or discredit Charities Trust. Other logos or trademarks that appear on the Sponsor Me website are normally (but not exclusively) owned by member Charities. They must not be used without explicit consent from both the Charity and Charities Trust.

15. Indemnification

You hereby agree to indemnify, defend and hold Charities Trust and all of our officers, directors, employees, agents, information providers, affiliates, partners and licensors (collectively, the "Charities Trust Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any Charities Trust party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity/or privacy, copyright infringement, or trademark infringement arising out of:

Your use of our sites;
Any use or alleged use of your accounts or your passwords by any person, whether or not authorised by you;
The content, the quality, or the performance of content that you submit to our sites;
Your connection to our sites;
Your violation of these Terms; or
Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.

16. Disclaimer

We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Governing law

These terms of service are governed by English law and are subject to the exclusive jurisdiction of the English courts.

Schedule of Terms

Agreement means these terms and conditions, the Application Form and the Fee Schedule which together represent the agreement between the Donor and Charities Trust.

Application Form means the form made available by Charities Trust from time to time in which a Donor can apply to open a My Giving Account.

Charitable Purpose(s) shall have the meaning given to it in English law as set out in section 2 of the Charities Act 2006 and subsequent amendments.

Charities Trust means Charities Trust, a registered charity (registered charity number 327489), and where applicable 'Charities Trust' shall mean the Trustees of the Charities Aid

Connected Person means a spouse, close relative or such other acquaintance as HMRC shall from time to time regard as connected to the Donor.

Donor means the person noted as such on the My Giving Account Application form.

Expression of Wishes means the form made available by Charities Trust from time to time in which a Donor can communicate any request to Charities Trust regarding distribution of the My Giving Account on their death for Charitable Purposes.

Fee Schedule means the schedule made available by Charities Trust from time to time in which the fees, costs, contributions or expenses applicable to a My Giving Account are set out.

Gift Aid means the amount equal to basic rate tax that Charities Trust can reclaim on a gift made to Charities Trust by a UK taxpayer who has paid more than the value of the amount being so reclaimed in income tax during the tax year in question, and who has made a declaration to this effect in the form required by HMRC from time to time.

Giving Request means a written, electronic or verbal request made to Charities Trust from time to time by a Donor regarding distribution of all or part of the My Giving Account for Charitable Purposes.

Guidance Notes means the additional information and explanatory notes relating to the operation of the My Giving Account, made available by Charities Trust from time to time.

HMRC means Her Majesty's Revenue and Customs

Initial Donation means the donation remitted to Charities Trust by the Donor with the Application Form.

Monies means all monies including cash, stocks, shares and/or non-cash assets given to Charities Trust by or on behalf of a donor for inclusion in the My Giving Account.

My Giving Account means the Initial Donation and any additional contributions or donations from the Donor or directed to Charities Trust to be held subject to terms and conditions and to the request of the Donor, in each case, to be applied for Charitable Purposes.

Trustees mean the Trustees from time to time of Charities Trust.