Terms & Condition for Donors
- 1 Introduction
1.1 These terms and conditions of use (Website Terms) apply to your use of the website of Truefunder Limited (Truefunder), located at www.Truefunder.com (the Website) whose registered office is at c/o Wilkins Kennedy LLP, Bridge House, 4 Borough High Street, London, SE1 9QR (company number 09787662). These Website Terms do not alter in any way the terms or conditions of any other agreement you may have with Truefunder, or its subsidiaries or affiliates, for products, services or otherwise.
1.2 Where you are using the Website on behalf of an entity, you represent and warrant that you are authorised to accept these Website Terms on such entity's behalf, and that such entity agrees to indemnify you and Truefunder for any violations you may make of these Website Terms. Your failure to abide by these Website Terms may result in the suspension or termination of your account. If you do not wish to be bound by these Website Terms, you should not continue to use or access the Website or Services (as defined below).
1.3 To the full extent permitted by applicable law, Truefunder reserves the right to change or modify any of the terms and conditions contained in the Website Terms or any policy or guideline of the Website, at any time and at its sole discretion by providing notice that the Website Terms have been modified. Such notice may be provided by sending an email, by posting a notice on the Website, by posting the revised Website Terms on the Website and revising the date at the bottom of these Website Terms or by such other form of notice as determined by Truefunder. Your continued use of this Website following the posting of the revised Website Terms or other notice of such changes will constitute your acceptance of such changes or modifications. Otherwise, any changes or modification will be effective within thirty (30) days of the posting of the revisions on the Website unless you notify Truefunder within such thirty (30) days that you do not agree to the changes and stop using the Website. Therefore, you should review these Website Terms whenever you access the Website and at least every thirty (30) days to make sure that you understand the terms and conditions that will apply to your use of the Website.
1.4 Each of the obligations of Truefunder contained in these Website Terms is subject to the separate terms and conditions applying to each charity's use of the Website (Charity Terms) and in the event of conflict between these Website Terms and the Charity Terms, these Website Terms shall prevail.
1.5 All questions or comments about the Website or its contents should be directed to http://www.Truefunder.com/Home/JoinCause
- 2 What We Do
Truefunder is a Website that provides online fundraising platform and other tools (the Services) to individuals and not-for-profit organisations to raise money for charitable causes and projects (Beneficiary Organisation).
3.2 You should check the privacy provisions of the payment providers to understand how that company will collect, use or disclose your information.
- 4 Registering for an Account
By registering for an account you represent and warrant that, to the extent that it is applicable, you are authorised to do so by any entity you are acting on behalf of and are opening the account on behalf of the entity. As consideration for your use of the Website, you agree to:
(a) Provide accurate, current and complete information about you or the entity you are acting on behalf of as may be prompted by any registration forms on the Website (Registration Data);
(b) Maintain the security of your password and identification;
(c) Maintain and promptly update the Registration Data, and any other information you provide to Truefunder, to keep it accurate, current and complete; and
(d) Accept all risks of unauthorised access to the Registration Data and any other information you provide to Truefunder. You are responsible for all activities performed using your account on the Website or using the Services.
- 5 Donating to a Beneficiary Organisation
5.1 You agree that all donations you submit on the Website through the payment processor associated with the Beneficiary Organisation are given voluntarily by you.
5.2 You understand that while Truefunder does investigate Beneficiary Organisations from time to time, it does not verify all information published on any Beneficiary Organisations' page and cannot and does not represent or warrant the truthfulness of any statements made by any Beneficiary Organisation.
5.3 Truefunder does not verify whether any Beneficiary Organisation advertised as a charity actually has charitable status and it is your responsibility to check that you are donating to the cause you intended.
5.4 Donations are made through the third-party payment processor associated with each particular Beneficiary Organisation, and Truefunder may not refund your donation to a Beneficiary Organisation; however, if you contact us, we will put you in touch with the payment processor for the Beneficiary Organisation for which you seek a refund. Any refunds will be given in the third party payment processor’s discretion and in accordance with their terms of service. We encourage you to read the terms of service of the applicable payment processor regarding refunds before donating to a Beneficiary Organisation.
5.5 You are responsible for maintaining copies of documentation related to any donation you make for your own tax and other financial records.
5.6 Truefunder will send prompt email acknowledgements to you in respect of each donation you make via the Website.
- 6 Use of your Donation
6.1 Truefunder does not represent or warrant that your donations will be used in a particular way or for a particular purpose and cannot be held responsible for how donations are used by the Beneficiary Organisation. After donations are made, all further dealings are solely between the donor and the Beneficiary Organisation.
6.2 Any Beneficiary Organisation is entitled to use your donation in any way it is permitted to do so by its own rules. Where a Beneficiary Organisation states that a donation will be used for a certain purpose, Truefunder does not represent or warrant the truth or accuracy of such a statement.
6.3 In no way does Truefunder endorse, explicitly or implicitly, any of the Beneficial Organisations mentioned on the Website. Truefunder is not an accounting, taxation or financial advisor.
- 7 Truefunder administrative costs
Truefunder will charge an administrative fee for each donation made via the Website or its associated services. This fee will be 5% of the gross donation made by you.
- 8 User Content and Conduct
8.1 The Website may also include interactive areas or services (Interactive Areas), such as comment areas, message boards, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Website (User Content). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through any portion of the Website any of the following:
(a) User Content that is unlawful, defamatory, indecent, threatening, invasive of privacy or publicity rights, abusive, false, misleading, fraudulent or otherwise objectionable;
(b) User Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the Financial Conduct Authority;
(c) User Content that may infringe any patent, trademark, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
(d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
(e) Unsolicited promotions, advertising, solicitations or political campaigning;
(f) Offerings or promotion of raffles, lotteries, sweepstakes, contests or other games of chance – whether from the user or third-parties;
(g) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, National Insurance numbers and credit card numbers;
(h) Viruses, corrupted data or other harmful, disruptive or destructive files; and
(i) User Content that, in the sole judgment of Truefunder, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which may expose Truefunder or its users to any harm or liability of any type.
8.2 You further agree that you are solely responsible for your conduct while on the Website and using the Services, and you agree that you will not do any of the following in connection with the Website, the Services or its users:
(a) Use the Website or the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website or that could damage, disable, overburden or impair the functioning of the Website in any manner;
(b) Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity without authorisation;
(c) Send, distribute or post spam, unsolicited or bulk commercial or electronic communications;
(d) Harvest or otherwise collect information about users, including email addresses, without their consent;
(e) Use the Website or the Services for any illegal or unauthorised purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Website Terms; or
(f) Circumvent or attempt to circumvent any filtering, security measures or other features Truefunder may from time to time adopt to protect the Website, the Service, its users or third parties.
8.3 Truefunder takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is Truefunder liable for any mistakes, defamation, omissions, falsehoods or obscenities you may encounter. Your use of the Website, including any Interactive Areas, is at your own risk. Enforcement of the user content or conduct rules set forth in these Website Terms is solely at Truefunder’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Website will not contain any content that is prohibited by such rules. As a provider of interactive services, Truefunder is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.
8.4 Although Truefunder has no obligation to screen, edit or monitor any of the User Content on the Site, including in any Interactive Area, Truefunder reserves the right, and has sole discretion, to remove, screen or edit any User Content posted or stored on the Website at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense. Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Website Terms and may result in, among other things, termination or suspension of your rights to use the Services and/or the Website.
8.5 If you post User Content to the Website, unless we indicate otherwise, you grant Truefunder and its affiliates a non-exclusive, royalty-free, fully paid up, perpetual, irrevocable and fully transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media or in connection with the Website and the promotion thereof including without limitation the right to use your name or identity. You grant Truefunder and its affiliates the right to use the name that you submit in connection with such content, if we choose. You understand and agree that the use of your or other users’ name or identity in connection with various features on the Website does not imply any endorsement of such feature or of the Website of Truefunder unless explicitly stated otherwise.
8.6 You represent and warrant that:
(a) You own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Website;
(b) The User Content that you post or submit is accurate and not misleading; and
(c) Use and posting of the User Content you supply does not violate these Website Terms and will not violate any rights of or cause injury to any person or entity.
- 9 Copyright and Limited Licence
9.1 Unless otherwise indicated, the Website and all content and other materials on the Website, including, without limitation, the Truefunder logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the Website Materials) are the property of Truefunder or its licensors or users and are protected by UK and international copyright laws.
9.2 Other trademarks, designs or logos that appear on the Website may be the property of their respective owners and are likely to be protected information property with usage restrictions. They must not be used without the express permission of both Truefunder and the owner of the intellectual property.
9.3 You are granted a limited licence, which may not be sublicensed, to access and use the Website and electronically copy (except where prohibited without a licence) and print to hard copy portions of the Website Materials for your informational use only. Such licence is subject to these Website Terms and does not include:
(a) Any resale or commercial use of the Website or the Website Materials therein;
(b) The distribution, public performance or public display of any Website Materials;
(c) Modifying or otherwise making any derivative uses of the Website and the Website Materials, or any portion thereof;
(d) Use of any data mining, robots or similar data gathering or extraction methods;
(e) Downloading (other than the page caching) of any portion of the Website, the Website Materials or any information contained therein, except as expressly permitted on the Website; or
(f) Any use of the Website or the Website Materials other than for its intended purpose.
9.4 Any use of the Website or the Website Materials other than as specifically authorized herein, without the prior written permission of Truefunder, is strictly prohibited and will terminate the licence granted herein. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Website Terms shall be construed as conferring any licence to intellectual property rights, whether by estoppel, implication or otherwise. This licence is revocable at any time by Truefunder.
- 10 Intellectual Property
Truefunder and the Truefunder logos and any other Truefunder product or service name or slogan contained in the Website are the property of Truefunder, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Truefunder. You may not use any metatags or any other hidden text utilising Truefunder or any other name, trademark or product or service name of Truefunder without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark and/or trademark of Truefunder and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Truefunder names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
- 11 Hyperlinks
11.1 You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided such link does not portray Truefunder or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking Website does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Truefunder logo or other proprietary graphic of Truefunder to link to this Website without the express written permission of Truefunder. Further, you may not use, frame or utilize framing techniques to enclose any Truefunder trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without Truefunder's express written consent. Except as noted above, you are not conveyed any right or licence by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Truefunder or any third party.
11.2 Truefunder makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Website, or websites linking to the Website, including without limitation WePay.com or PayPal.com. Such sites are not under the control of Truefunder and Truefunder is not responsible for the contents of any linked website or any link contained in a linked site, or any review, changes or updates to such sites. Truefunder provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Truefunder of any website or any information contained therein. When you leave the Website, you should be aware that our terms and policies no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website.
- 12 Third Party Content
Truefunder may provide third party content on the Website and may provide links to webpages and content of third parties (Third Party Content) as a service to those interested in this information. Truefunder does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Truefunder is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
- 13 Advertisements and Promotions; Third-Party Products and Services
Truefunder may run advertisements and promotions from third parties on the Website or may otherwise provide information about or links to third-party products or services on the Website. Truefunder does not endorse or make any representations or warranties regarding any third party products, services, promotions or vendors. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Truefunder is not responsible or liable in any manner for any third party products or services, for any loss or damage of any sort incurred as the result of any products, services, dealings or promotions or as the result of the presence of such non-Truefunder advertisers or third party information on the Website.
- 14 Submissions
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Website, Truefunder or Truefunder's products or services that are provided by you in the form of email or other submissions to Truefunder, or any postings on the Website, are non-confidential and shall become the sole property of Truefunder. Truefunder shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- 15 Indemnification
You agree to indemnify Truefunder, its independent contractors, service providers and consultants, and their respective directors, employees and agents (Truefunder Indemnitees), from and against any claims, and to indemnify Truefunder and Truefunder Indemnitees against all damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Website or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against Truefunder and Truefunder Indemnitees, arising out of or relating to the User Content, your conduct, your violation of these Website Terms or your violation of the rights of any third party.
- 16 Disclaimer
16.1 Except as expressly provided to the contrary in writing by Truefunder or as required by law, the Website, the Website materials contained therein and the Services are provided as presented without warranties of any kind, either express or implied. Truefunder disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Website and the services, including the information, content and materials contained therein. Truefunder does not represent or warrant that materials in the Website or the services are accurate, complete, reliable, current or error-free. Truefunder does not represent or warrant that the Website or its servers are free of viruses or other harmful components
16.2 Truefunder is not responsible for typographical errors or omissions relating to donations, text or photography. While Truefunder attempts to make your access and use of the Website and the Services safe, Truefunder cannot and does not represent or warrant that the Website or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognised software to detect and disinfect viruses from any download.
16.3 Truefunder reserves the right to change any and all content contained in the Website and to modify, suspend or discontinue the Website or any Services offered through the Website or any features or functionality of the Website or the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Truefunder.
- 17 Limitation of Liability
17.1 To the fullest extent permitted by applicable law:
(a) In no event shall Truefunder, its directors, members, employees or agents be liable for any special, indirect or consequential damages, including but not limited to loss of use, loss of donations, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Website, the Services, the content or the materials contained in or accessed through the Website, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Truefunder, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to Truefunder's records, programs or services; and
(b) In no event shall the aggregate liability of Truefunder, whether in contract, warranty, tort (including negligence), product liability or strict liability, arising out of or relating to the use of or inability to use the Website or the Services or to these Website Terms exceed any compensation you pay, if any, to Truefunder for access to or use of the Website or the Services.
- 18 Applicable Law and Jurisdiction
These Website Terms and your use of the Website shall be governed by and construed in accordance with the laws of England and Wales. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the Courts of England and Wales regarding any action or proceedings arising out of these Website Terms.
- 19 Termination
19.1 You agree that Truefunder, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Website (or any part thereof) or the Services, at any time and without notice, and remove and delete any Beneficiary Organisation or User Content, for any reason, including, without limitation, if Truefunder believes that you have acted inconsistently with the letter or spirit of these Website Terms. Again, you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense.
19.2 Further, you agree that Truefunder shall not be liable to you or any third-party for any termination of your access to the Website or the Services. You may also terminate your account at any time, by contacting us at Boundary House, 7-17 Jewry Street, London EC3N 2EX,United Kingdom. The following sections will survive the termination of your account: Sections 3, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19 and 21.
- 20 Third Party Rights
A person who is not a party to the Website Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Website Terms.
- 21 Severability
If any provision of these Website Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Website Terms and shall not affect the validity and enforceability of any remaining provisions.