PLEASE READ THESE TERMS CAREFULLY
- BY USING THIS SITE YOU AGREE TO THESE TERMS.
- IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SITE.
WHO WE ARE AND WHAT WE DO
- We are MAKE IT DONATE LIMITED a company incorporated and registered in England and Wales with company number 12203939 whose registered office is at 1 North Parade Passage, Bath, England, BA1 1NX (“we” “our” “us”).
- We operate an online platform at www.makeitdonate.com (the “Platform”), which enables account holders of the Platform (“you” “your”) to make donations via the Platform to chosen charities (“Charity/ Charities”) using specific identifying features as set up by you in your account (“Donation(s)”).
- You are required to set up an account to use the Platform and through which to make a Donation (“Account”).
- You will be required to register for an account to use the Platform, which will be governed by these Terms (as amended from time to time) (“Account”).
- Under your Account you will register, manage and be able to amend from time to time:
- the specific identifying features which will trigger a Donation including without limitation any linked device or service (including without limitation IFTTT), targets and trigger events (“Trigger(s)”); and
- The bank account and/or credit card and/or payment method from which the Donations and Transaction Fee (as defined below) shall be debited (“Relevant Bank Account”);
- Your maximum weekly level of Donations (“Weekly Limit”)
- You expressly understand and agree that the Platform uses an automated system which means that upon the Triggers being satisfied or achieved it will result in an automatic payment being taken from the Relevant Bank Account.
- You understand and accept that we shall use reasonable endeavours to ensure that your Weekly Limit is not exceeded. However in the event that your Weekly Limit is exceeded we shall use all reasonable endeavours to refund such Donations to your nominated account and such refund shall be your sole remedy in respect of any overpayment made via the Platform in excess of your Weekly Limit.
- It is your responsibility to keep your Account password and all other account details safe and confidential. You warrant and represent that you shall, keep confidential and not share with any third party your password or access details for your Account and/or the Platform.
- It is your responsibility to keep all devices linked to your Account safe.
- You acknowledge that if a third party uses a device linked to your Account and fulfils a Trigger then your Relevant Bank Account will be debited. This is entirely outside of our control and any Donations and/or Transaction Fees incurred by the use of your device or fulfilment of a Trigger (whether in your possession or not including without limitation any third party usage) will not be credited or refunded to you.
- You acknowledge that it may take up to seven (7) Business Days to initially set up your Account and that use of the Platform is at all times subject to your compliance with these terms and any requirements as communicated to you from time to time.
- By registering for an Account and when using the Platform, you agree at all times:
- To comply with all provisions of these terms;
- To comply with all applicable laws, rules, and regulations governing the Platform and your use of the Platform (or any part);
- Not to use the Platform (or permit the Platform to be used) in contravention of any applicable laws, rules or regulations;
- To be solely responsible for ensuring your use of the Platform complies with all laws and regulations;
- To act in good faith towards us.
- You may only register for an Account if you are:
- in the United Kingdom (“Territory”); and
- over the age of 18 years old
- We may suspend access to your Account and the Platform if:
- we suspect that there has been any misuse of the Platform or breach of these terms; or
- you fail to pay any sums due to us by the due date for payment.
- Where the reason for the suspension is suspected misuse of the Platform, we will take steps to investigate the issue and may restore or continue to suspend access in our discretion.
- We may terminate or suspend your Account at any time with or without notice
- We may terminate your Account immediately upon any material breach of these terms.
- You may terminate your Account for any reason on 30 days written notice.
PERMISSION OF BILL PAYER
- Before registering any bank or debit card or payment method on your Account or making any Donation you must have the express authorisation of the owner or bill payer of the Relevant Bank Account being used to make the Donation.
- By registering for an Account and upon making a Donation you warrant and undertake to us that you own the Relevant Bank Account or (where relevant) you have the permission of the owner and/or (where relevant) the bill payer to use the Relevant Bank Account to make Donations via the Platform.
- You will be charged a transaction fee by us of 4% of each Donation plus third party transaction fees for each Donation made by you via the Platform (“Transaction Fee(s)”).
- The Transaction Fees will be charged to you in addition to the Donation.
- We will automatically debit the Transaction Fees for each Donation made via the Platform from your Relevant Bank Account.
- We are currently receiving charitable donations on behalf of the Charities listed on the Platform
We do not receive a commission from the Charities but you will be required to pay a transaction fee to donate via our Platform as detailed in these terms.
- The Charities have permitted us to fundraise on their behalf and to collect Donations on their behalf via the Platform.
- We shall pay over to the Charity all Donations received via the Platform within 60 days of receipt from you.
- We do not endorse or approve any of the Charities. At all times you are solely responsible for making your own independent judgment about making a Donation via the Platform to a Charity. The Platform is solely an advertising and payment gateway platform which enables you to make donations to the charities listed on our Platform using the Triggers.
- You understand and agree that at all times the Charities are responsible for (and remain liable for) :
- all the information, materials, content, representations and statements made about the Charity which are displayed on our Platform and any representations made regarding the Charity itself, their fundraising, their purpose, objective or use of donations; and
- how it uses the Donations.
and you acknowledge that we are not responsible in respect of the same. In the event you have any concerns about any material displayed by us about a Charity irrespective of whether you have made a Donation or otherwise you must contact the relevant Charity directly and address all concerns to them. We can provide you with the relevant contact details.
- We are not responsible for monitoring how the Donations are spent by the Charities. We are a payment gateway to enable you to make Donations via the Platform as a result of you using Triggers as set up under your Account. In the event you have any concerns about how a Charity uses your Donation you must contact the relevant Charity directly and address all concerns to them. We can provide you with the relevant contact details.
- The Platform may be subject to delays, interruptions, errors or other problems resulting from use of the internet or public electronic communications networks used by us or third parties. You acknowledge that such risks are inherent in online services and that we shall have no liability for any such delays, interruptions, errors or other problems.
- We do not warrant or confirm that:
- the Platform will be uninterrupted or error-free;
- that the Platform will meet your requirements; or
- the Platform will be free from vulnerabilities;
- We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the you acknowledge that the Platform may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
- We are not responsible for the Triggers set up under your Account. You acknowledge that such Triggers once achieved will result in an automated debit from your Relevant Bank Account of the Donation and the Transaction Fee.
- Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Platform including without limitation any device linked to your Account may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
SUPPORT FOR THE PLATFORM AND HOW TO TELL US ABOUT PROBLEMS
- CONTACTING US (INCLUDING WITH COMPLAINTS). If you think the Platform is faulty or wish to contact us for any other reason please email our customer service team at email@example.com. More details about our complaints procedure can be found at https://makeitdonate.com/complaints-procedure.
- HOW WE WILL COMMUNICATE WITH YOU. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
HOW YOU MAY USE THE PLATFORM
- In return for your agreeing to comply with these terms you may use the Platform for your personal purposes only.
- If you use the Platform on any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
- If you link a phone or other device not owned by you to your Account, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device and acknowledge that such device may be a Trigger which once achieved will result in an automated debit of the Relevant Bank Account of the Donations and Transaction Fees.
YOU MUST BE 18 OR OVER TO ACCEPT THESE TERMS
- You must be 18 or over to accept these terms, register an Account and use the Platform.
CHANGES TO THESE TERMS
- We may need to change these terms from time to time which we will display on our Platform.
- If you do not accept the notified changes you will not be permitted to continue to use the Platform.
UPDATE TO THE PLATFORM AND CHANGES TO THE SERVICE
- From time to time we may automatically update the Platform and change the functionality and services we offer to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
- By using the Platform and registering for an Account (including without limitation any linked device to your Account) you agree to us collecting and using technical information about the devices you use with the Platform and related software, hardware and peripherals to improve our products and to provide any services to you.
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
- Certain services on our Platform may make use of location data sent from your devices linked to your Account. You can turn off this functionality at any time by turning off the location services settings on the device. If you use these services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data.
- You may stop us collecting such data at any time by turning off the location services settings.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES, APPS OR FUNCTIONALITIES THAT YOU LINK TO VIA THE PLATFORM
- The Platform may contain links to other independent websites which are not provided by us including without limitation Stripe which is used by the Platform as a third party payment provider for you to make Donations.
- In addition the Platform may incorporate or integrate or be accessed via third-party websites. Any incorporation, integration or access via third-party websites is done so solely at your own risk
- Further via your Account you may incorporate or integrate or allow access to third-party websites via the Platform. Any incorporation, integration or access via third-party websites is done so solely at your own risk.
- Such independent websites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
- We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party.
- You will need to make your own independent judgement about whether to use any such independent websites, including whether to buy any products or services offered by them.
- Any contract or agreement entered into and any transaction completed via any third-party website is between you and the relevant third party, and not with us.
- We do not endorse or approve any third-party website nor the content of any of the third-party website made available via the Platform.
- You agree that you will:
- not use the Platform except as part of the normal use of the Platform being to make Donations in accordance with the Triggers on your Account;
- not merge, adapt, vary, alter or modify, the whole or any part of the Platform nor permit the Platform or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be excluded.
ACCEPTABLE USE RESTRICTIONS
- You must:
- not use the Platform or any service on the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Platform;
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform;
- not use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any service on our Platform or our systems or attempt to decipher any transmissions to or from the servers running any service on our Platform.
INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights in the Platform, all content on the Platform and the services on the Platform throughout the world belong to us (or our licensors).
- You have no intellectual property rights in, or to, the Platform, all content on the Platform and the services on the Platform other than the right to use the Platform in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- To the maximum extent permitted by law we exclude any and all liability to you including without limitation any and all liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the agreement or in respect of the Platform or otherwise.
- We are responsible to you for foreseeable loss resulting from damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill , but we are not responsible for any loss or damage that is not foreseeable nor which is properly attributed to us. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. We have made it very clear in these terms that we are not liable if you fail to properly update your Account with correct Triggers and/or Relevant Bank Account details nor any Triggers which occur or debits from any Relevant Bank Account as a result of a third party using any device connected to your Account or any Trigger which occurs which is outside of your control. It is your responsibility to correctly program the Triggers.
- You understand and accept that the remedy under clause 7 is your sole remedy in respect of any overpayment in excess of the Weekly Limit made through the Platform.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
- To the maximum extent permitted by law we are not are liable for any damage to your property including without liability any damage caused to any device linked to your Account or any device through which you access the Platform.
- We are not liable for any business losses. The Platform is for domestic and private use. If you use the Platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Limitations to the Platform and the services on the Platform. The Platform and the services on the Platform are provided for general information and entertainment / philanthropy purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Platform or the service.
- No representations or warranties. Although we make reasonable efforts to update the information provided on the Platform and the service on the Platform, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We make no warranties or endorsement of any third parties including without limitation any of the Charities.
- Check that the Platform and the Services are suitable for you. The Platform and the services on the Platform have not been developed to meet your individual requirements. Please check that the facilities and functions of the Platform and the services offered on the Platform meet your requirements. This shall include without limitation setting the parameters used as Triggers and devices linked to your Account.
- We are not responsible for events outside our control. If our provision of the services on the Platform or your use of the Platform or support for the Platform is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. However, we will not be liable for delays caused by the event.
- We may end your rights to use the Platform or to have an Account at any time including without limitation if you break these terms
- If we end your rights to use the Platform:
- You must stop all activities on the Platform and your use of the Platform, your Account and any services on the Platform.
- You must delete or remove the Platform from all devices in your possession and immediately destroy all copies of the Platform which you have and confirm to us that you have done this.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
- We may transfer our rights and obligations under these terms to another organisation. We will not always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
- You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
- This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
- Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
- These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
- If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts.
- If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- DATE LAST MODIFIED : MAY 2020