Terms & Condition for Charity
- 1 Introduction
1.1 These terms and conditions of use (Terms) apply to your use, as the beneficiary organisation (Beneficiary Organisation), of the website and associated services, including, but not limited to, fundraising, sponsorship and direct donation services (Services) 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 Terms do not alter in any way the terms or conditions of any other agreement the Beneficiary Organisation may have with Truefunder, or its subsidiaries or affiliates, for products, services or otherwise. If the Beneficiary Organisation does not wish to be bound by these Terms and Conditions, the Beneficiary Organisation should not continue to use or access the Website or Services.
1.2 Individuals accessing the Website or using the Services on behalf of the Beneficiary Organisation represent and warrant that they are authorised to accept these Terms on the Beneficiary Organisation's behalf, and that the Beneficiary Organisation indemnifies the individual and Truefunder for any violations you may make of these Terms. By filling in the subscription form and returning it to Truefunder, the Beneficiary Organisation is agreeing to these Terms. Any failure to abide by these Terms may result in the suspension or termination of the Beneficiary Organisation's account.
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 Terms or any policy or guideline of the Website, at any time and at its sole discretion by providing notice that the Terms have been modified. Such notice may be provided by sending an email, by posting a notice on the Website, by posting the revised Terms on the Website and revising the date at the bottom of these Terms or by such other form of notice as determined by Truefunder. The Beneficiary Organisation's continued use of this Website following the posting of the revised Terms or other notice of such changes will constitute its 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 the Beneficiary Organisation notifies Truefunder within such thirty (30) days that it does not agree to the changes and stops using the Website. Therefore, the Beneficiary Organisation should review these Terms whenever its representatives access the Website and at least every thirty (30) days to make sure that those representatives understand the terms and conditions that will apply to their use of the Website.
1.4 Each of the obligations of Truefunder contained in these Terms is subject to the separate terms and conditions applying to each donor's use of the Website (Donor Terms) and in the event of conflict between these Terms and the Donor Terms, the Donor 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 to individuals and not-for-profit organisations to raise money for charitable causes and projects.
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 Term
For the purposes of these Terms, "Commencement Date" shall mean the date from which the Beneficiary Organisation is notified that the Beneficiary Organisation has been set up on the Website.
- 5 Membership
5.1 Membership is for a minimum period of one (1) month and thereafter from month to month until terminated by written notice by either party to the other, in accordance with Section 14 below.
5.2 Truefunder agrees that it will:
(a) Maintain an account with Paypal (Paypal Account). This is an account in which monies are held for the Beneficiary Organisation and do not belong to Truefunder (other than Truefunder's administration fees as set out in Section 8);
(b) Operate the Website so that donors can make online donations by credit or debit card, or by any other payment method available on the Website, through a fundraising page or on the Beneficiary Organisation's area on the Website;
(c) Set up arrangements to ensure that all donations are paid into the Paypal Account and are held for the benefit of the Beneficiary Organisation;
(d) Provide information systems design, testing and verification standards and requirements in accordance with good industry practice to ensure that donors' credit cards and debit cards are debited and the Paypal Account is credited in a secure manner;
(e) Send prompt e‑mail acknowledgements to donors in respect of each donation made to the Beneficiary Organisation via the Website;
(f) Respond, either by email or telephone as appropriate, on behalf of the Beneficiary Organisation to fundraisers' and donors' account enquiries received by Truefunder;
(g) Keep proper records of all donations and income received and expenses incurred for such period as may from time to time be required by the applicable local governmental revenue body, and maintain records which relate to the Beneficiary Organisation and the performance of the obligations hereunder;
(h) Keep proper records of all tax reclaims for the relevant period.
- 6 Intermediary
6.1 Truefunder, as operator of the Website and Services, acts as an intermediary between the Beneficiary Organisation and the individual users of the Website and Services and whilst the Beneficiary Organisation and the users' information resides on the Website or Services, Truefunder does not check or exercise any editorial control over the content of such information, save as required by law. In the event that Truefunder is made aware of or has knowledge of any unlawful activity or information on the Website or Services, Truefunder shall act to remove or disable access to the information. Truefunder shall not be liable to the Beneficiary Organisation as a result of its role as intermediary.
6.2 The Beneficiary Organisation agrees that it shall:
(a) Ensure that the content supplied by it to Truefunder for display on the Website will not be in violation of any law or regulation or be defamatory, obscene or breach any intellectual property rights of a third party or breach any right or duty owed to a third party;
(b) Provide written confirmation to Truefunder of any donations that it permits Truefunder to reimburse to the donor. Truefunder will not permit refunds without prior written consent from the Beneficiary Organisation, unless required by law;
(c) If its use of the Truefunder platform results in access to any identifiable personal information (Personal Information):
(i) At all times assist with the responsibilities of Truefunder, as a data controller responsible for determining how the Personal Information is processed under the applicable data protection legislation;
(iii) Comply with all applicable laws in respect of the Beneficiary Organisation's collection, use, disclosure or processing of the Personal Information;
(iv) Abide by the lawful instructions of all data subjects in respect of the Personal Information and not do anything to compromise the security of such information;
(v) Not sell, trade or rent Personal Information to third parties;
(vi) Hold the Personal Information securely and not disclose it to anyone other than Truefunder, as agreed to by the data subject and/or as permitted by law;
(vii) Implement adequate security, technical and organisational measures against all unauthorised, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with all applicable laws, and abide by Truefunder's reasonable requirements to ensure the security of the Personal Information as notified to the Beneficiary Organisation from time to time;
(ix) Only communicate with fundraisers and donors where they have agreed to receive further communications from the Beneficiary Organisation, and only to the extent that they have indicated their preference to do so (for example in relation to communications for the specific fundraising event only);
(x) Not retain any Personal Information for longer than is necessary; and
(xi) To the extent legally permissible, the Beneficiary Organisation shall indemnify and hold harmless Truefunder, its successors and assigns, from and against all losses, costs and other damage caused by the Beneficiary Organisation's breach of this Section 6.2.
(d) Maintain the necessary authority, permit, licence, consent, approval and registration for it to fundraise (and, where applicable, for Truefunder to fundraise on its behalf) in accordance with applicable laws and if Truefunder needs any such authority, permit, licence, consent, approval or registration for it to fundraise on behalf of the Beneficiary Organisation then the Beneficiary Organisation will, at no cost to Truefunder, provide all such assistance as Truefunder reasonably requires to assist Truefunder with the same. The Beneficiary Organisation agrees that it shall inform Truefunder immediately if, for any reason, it ceases to maintain the necessary authority, permit, licence, consent, approval and/or registration for it to operate as a Beneficiary Organisation in accordance with applicable laws.
- 7 Copyright and Limited Licence
7.1 All intellectual property rights in any material (including text, photographs and other images, trademarks and logos) contained in the Website is either owned by Truefunder or has been licensed to Truefunder by the rights' owner(s) so that Truefunder can use this material as part of its Website and Services.
7.2 The Beneficiary Organisation hereby grants to Truefunder, its affiliates and its partners a non‑exclusive licence to use its Trademark solely in connection with the Website and Services and its operation and promotion and for no other purpose whatsoever.
7.3 The licence shall terminate automatically on expiry or termination of the terms of the Beneficiary Organisation's membership.
- 8 Truefunder administrative fee
8.1 Truefunder will charge an administrative fee for each donation made via the Website or through its Services. This fee will be 5% of the gross donation made by the donor.
8.2 Truefunder is, subject to local applicable laws, hereby authorised by the Beneficiary Organisation to deduct the administrative fee together with applicable taxes and bank processing charges from the donation.
- 9 Submissions
Each Beneficiary Organisation acknowledges and agrees 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 the respective Beneficiary Organisation 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 any Beneficiary Organisation.
- 10 Disclaimer
10.1 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.
10.2 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.
10.3 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.
- 11 Limitation of Liability
11.1 Truefunder, as operator of the Website and Services, acts as an intermediary between the Beneficiary Organisation and the individual users of the Website and Services and 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, direct, indirect or consequential damages or any 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 users 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 Terms exceed any fees paid by the Beneficiary Organisation, if any, to Truefunder for access to or use of the Website or the Services.
- 12 Insurance
The Beneficiary Organisation must at all times maintain such adequate insurances as are required by law.
- 13 Confidential Information
13.1 During the term of the Beneficiary Organisation's membership and for a period of seven (7) years thereafter, the parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of Truefunder's Website or Services and which is not in the public domain. No party shall use or disclose to any third party such information belonging to the other party without that party's prior written consent, except where required to do so by applicable local law or regulatory or governmental body. This section 13 shall survive termination of these Terms.
13.2 The applicable local laws in the United Kingdom, which may require disclosure of otherwise confidential information, include, without limitation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.
- 14 Termination
14.1 In accordance with Section 5.1 above, notice of cancellation should be received no later than the 5th day of the final month that you wish to remain as a member Beneficiary Organisation (or the preceding Friday where the 5th day falls on a weekend). Cancellation requests received after the 5th day of a given month will only be processed at the end of the following month and an invoice will also be issued for that month. Such notice shall be deemed to have been received within five (5) business days if posted and within twenty‑four (24) hours if emailed to info@theTruefunder.com.
14.2 In addition to the rights of each party under Sections 5 and 14.1 above, each party will have the right to terminate the use (and provision) of Truefunder's Website and Services with immediate effect by notice in writing when, and at any time after, the other party commits an act of default (as defined below) or commits any act or threatens to do any act the direct result of which is to damage or is likely to damage the reputation of the other party.
14.3 An act of default by either party shall occur if:
(a) The party is wound up or a liquidator or examiner is appointed; or
(b) An administration order is made in relation to the party or a receiver or an administrative receiver is appointed over or an encumbrancer takes possession of or sells all of the party's assets; or
(c) The party makes an arrangement or composition with its creditors generally; or
(d) The party ceases or threatens to cease to carry on its business; or
(e) Any event analogous (to the events listed in 12.3.(a)- 12.3.(d) (inclusive)) occurs in any territory in relation to the party.
14.4 Further to Section 14.3 above, an act of default by the Beneficiary Organisation shall occur if the Beneficiary Organisation ceases to carry on operating for charitable purposes, is found to be engaged in any corrupt or immoral practices or loses (for whatever reason) its authorisation, permit or licence to fundraise under the applicable local law.
14.5 Truefunder may terminate the Beneficiary Organisation's access to the Website and Services immediately in the event that the Beneficiary Organisation breaches any of these Terms.
14.6 To the maximum extent permitted by law Truefunder, in any event, reserves the right to withdraw the Website and Services from public access at any time, at its complete discretion.
- 15 Suspension of Website or Services
Truefunder may, in its sole discretion, without liability to the Beneficiary Organisation, suspend the operation of the Website or Services in full or in part at any time, for example but without limitation for repair or maintenance work or in order to update or upgrade the contents or functionality of the Website or Services from time to time.
- 16 Notices
Notices referred to above should be made in writing and sent by registered post to the address provided.
- 17 Entire Agreement
These Terms represent the entire agreement between Truefunder and the Beneficiary Organisation and supersede any other representations made orally or in writing in respect of these Terms.
- 18 Dispute resolution
18.1 If a dispute arises under these Terms or concerning its subject matter, either party may at any time give written notice to the other requesting that a meeting take place to seek to resolve the dispute. The nominated senior representatives of both parties must meet within five business days of the notice and try to resolve the dispute in good faith. If such a meeting does not take place or if five business days after the meeting the dispute remains unresolved, either party may pursue its rights at law.
18.2 Despite the existence of a dispute, each party must continue to perform its obligations under these Terms.
18.3 Sections 18.1 and 18.2 do not restrict or limit the right of either party to obtain interim, protective or interlocutory relief, or to immediately terminate these Terms where these Terms provide such a right.
- 19 Applicable Law and Jurisdiction
These 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 Terms.
- 20 Third Party Rights
A person who is not a party to the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms.
- 21 Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.