Terms of Service - Registration of Charities
TERMS AND CONDITIONS OF REGISTRATION OF CHARITIES
These terms and conditions apply to your registration as a nominated charity on this website www.mycharitypage.com (the "Website").
By registering as a Charity on this Website, you agree for and on behalf of the Charity that the Charity, its officers and employees shall be bound by these terms and conditions. In these terms and conditions the expressions 'You' and 'the Charity' are used interchangeably and both shall mean the Charity being registered on the Website subject to these terms and conditions.
The Website is operated by: My Charity Page Limited ("My Charity Page"), a company registered in England and Wales, whose registered office is at 35 Newton Way, Woolsthorpe By Colsterworth, Lincolnshire, United Kingdom, NG33 5NR. The company registration number is 06438806.
Our contact details are as follows:
Trading address: 35 Newton Way, Woolsthorpe By Colsterworth, Grantham, Lincolnshire, NG33 5NR
General email: firstname.lastname@example.org
Telephone number: 0800 567 7102
1. APPLICATION OF TERMS AND CONDITIONS
You agree to be bound by the Terms and Conditions of Use of the Website (which are found on the Website and which are incorporated in these terms and conditions).
2. REGISTERING WITH US
2.1 You have deemed to register with us by registering via our online charity registration process. The Charity will be provided with access to a secure login Charity Account on the Website. Registration is free of charge. We will send you an email to verify your email address. In this email you will be asked to click on a link to continue registration. We will check your charity’s details with the Charity Commission and on approval your account will be activated. You will receive a welcome email with a link to open our registration form, which we require in order to complete your registration. This includes a ChN2 – Agency nominee form (should you require My Charity Page to reclaim Gift Aid on your behalf) and a section requesting your bank account details. Please complete the form and post to us at the address given.
2.2 All donations made via the Website will be paid monthly by BACS from My Charity Page Limited's bank account to the Charity's nominated bank account, by the end of the month for the prior month’s donations. Allow up to 4 working days for the monies to have cleared your bank account. Each month an email will be sent advising you that your payment has been made. Full details of this payment can be accessed via your charity account.
2.3 For all Gift Aid reclaimed by My Charity Page, the refund will be paid directly into your bank account from HMRC.
2.4 The payment gateway service provided by Netbanx, ensures that donors' credit cards and debit cards are debited and My Charity Page's bank account is credited in a secure manner.
2.5 The payment gateway service, Netbanx will send immediate e-mail acknowledgements to donors in respect of each donation made to the Charity via the Website.
2.6 All donors, who are UK taxpayers, can make a declaration that makes them eligible for Gift Aid reclaims. To apply for Gift Aid, donors must pay an amount of Income Tax and/or Capital Gains Tax at least equal to the tax that the charity reclaims on their donation in the appropriate tax year. They can only make a Gift Aid declaration on their own money. A declaration cannot be made on behalf of someone else or on behalf of a company. We accept no responsibility for donors who choose not to use Gift Aid, or those who apply to use Gift Aid but who do not qualify.
2.7 My Charity Limited will (on behalf of each Charity) make Gift Aid reclaims monthly from HMRC, in respect of aggregate amounts exceeding £100, and twice yearly in March and September in respect of aggregate amounts under £100.
2.8 Any information from which it is possible to personally identify people which is captured (including: donor's full name, address and email address) will be captured in a secure manner, processed and stored at all times in accordance with the Data Protection Act 1998.
2.9 My Charity Page Limited will comply with any instructions of all donors in respect of their personal data and My Charity Page will not pass any such personal data to any third party without the originator's consent.
2.10 My Charity Page Limited will keep all records required by HMRC for audit purposes. The Charity may have access to this information and any requests should be made in writing to our trading address.
2.11 My Charity Page Limited will comply at all times with all rules of law, bye-laws and regulations relevant to fund-raising and, in particular, comply in all respects with the provisions of the Charities Act, 1992 and the Charitable Institutions (Fundraising) Regulations, 1994.
2.12 My Charity Page Limited is not liable in any way to the Charity, in respect of any damage/loss suffered as a result of the material or actions of Website users. My Charity Page Limited will endeavour to review the Website from time to time and will respond immediately to any reports of abuse and remove such material from the Website.
2.13 My Charity Page Limited makes no representation or warranty and does not accept any responsibility in respect of the level of donations which may or may not be received via the Website.
2.14 My Charity Page Limited makes no representation or warranty and does not accept responsibility in respect of any individual fundraiser or fundraising event.
2.15 By registering on the Website, the Charity grants to My Charity Page Limited a non-exclusive licence to use its Trademark solely in connection with the Website and its operation. The licence shall terminate on expiry or termination of the terms of the Charity's registration.
3.1 My Charity Page and the Charity, for the period of the Charity's registration and for a period of seven (7) years thereafter, shall treat as strictly confidential all information about the other which has been acquired as a result of the use of My Charity Page's Services and which is not already in the public domain including without limitation information on the Website (though excluding information in the public domain through breach of this clause). 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 law. This clause shall survive termination of the registration of the Charity on the Website.
4.1 The Charity will have the right to terminate the use of My Charity Page's services and the Website with immediate effect on registration. To terminate registration, the Charity can select on login the option "Delete Account".
4.2 Either party, in addition to the rights of each party under clause 4.1 and 4.3, will be entitled to terminate the use of My Charity Page's services and the Website with immediate effect when, and at any time after, the other party commits an act of default 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.
4.3 An act of default by either party shall occur if either party is wound up, bankrupt, in receivership voluntary administration or liquidation.
4.4 Further to Section 4.2 above, an act of default by the Charity shall occur if the Charity loses (for whatever reason) its charitable status.
4.5 My Charity Page may terminate the Charity's access to the Website immediately in the event that the Charity breaches any of these terms and conditions.
4.6 In any event, My Charity Page reserves the right to withdraw the Website from public access at any time, at its complete discretion.
5.1 This condition 5 sets out the entire financial liability of My Charity Page (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Charity in respect of: (a) any breach of these terms and conditions; (b) any use made by the Charity of the services available as a registered Charity on the Website; and (c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with these terms and conditions or the services provided by My Charity Page to Charities registered on the Website.
5.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms and conditions.
5.3 My Charity Page's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the services shall be limited to the amount of Gift Aid refunds due to any one Charity (as calculated based on the number of qualifying donations made to such Charity) and/or the amount of donations received by the Website in respect of such Charity. My Charity Page shall not be liable, whether in tort, contract, misrepresentation or otherwise for: loss of profits, loss of business, depletion of goodwill, loss of goods or contract; any special, indirect consequential or pure economic loss, costs, damages, charges or expenses.
5.4 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
5.5 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
5.6 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
6. GOVERNING LAW AND JURISDICTION
6.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
6.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
7.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
7.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
7.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
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