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.
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