Charity Extra
Terms and Conditions
By creating, launching, administering or operating a campaign through Charity Extra, or by requesting or permitting Charity Extra to provide services in connection with a campaign, the relevant charity or organisation agrees to these Terms and Conditions, including the Data Processing Terms contained within them, unless otherwise agreed in writing.
These Terms, together with any campaign proposal, order, email confirmation or other service arrangement agreed between Charity Extra and the relevant charity or organisation, form the agreement governing the provision of the applicable Charity Extra services.
1. About Charity Extra
These Terms and Conditions explain how Charity Extra operates and the terms that apply when you use the Charity Extra website and associated services. Charity Extra provides a platform for the advertising, promotion and publicising of charity campaigns and also provides functionality enabling donations, fundraising and crowdfunding through campaigns displayed on the platform.
In these Terms, "Charity Extra", "we", "us" and "our" refer to Giving More Online Limited, the owner/operator of Charity Extra. "You" and "your" refer to the person or organisation using the website or associated services.
Information about fees and charges applicable to particular services is available from Charity Extra and may also be set out in the relevant service or charity agreement.
2. Charities and Causes
The primary purpose of the Charity Extra platform is to advertise, promote and publicise charity campaigns and increase their visibility, reach and awareness amongst potential donors and the wider public.
Charity Extra enables charities and other eligible Causes to showcase their campaigns through campaign pages and other promotional features made available through the Charity Extra platform.
Charity Extra uses its platform, technology, audience and promotional functionality to facilitate the advertising and promotion of campaigns and to encourage engagement with those campaigns.
The platform also provides functionality through which members of the public can support campaigns, including by making donations, fundraising and sharing campaigns with others.
Every charity featured on the platform must have an agreement with Charity Extra authorising Charity Extra to advertise and promote its campaign and, where applicable, collect donations on its behalf.
Charity Extra takes reasonable steps to verify that charities using the platform are appropriately registered or authorised in the relevant jurisdiction. This may include checks with the Charity Commission, an equivalent regulator and Companies House where appropriate.
Charity Extra is not responsible for the activities, management or conduct of any charity or Cause. A charity or Cause is responsible for ensuring that it has all authorisations, permits, licences, consents and registrations required by applicable law.
Charity Extra retains discretion over which charities, Causes and campaigns are displayed or promoted on the platform and may decline, suspend or remove a campaign where it considers this appropriate, including where the campaign is unlawful, misleading, inappropriate, unsafe, fraudulent or likely to cause material reputational or other harm.
3. Donations, Payments and Refunds
Where we are unable to transfer funds to the intended charity or Cause, we may return the donation using the original payment method. If that is not reasonably possible, we may, where legally permitted, redirect the funds to another appropriate charity, subject to applicable transaction and payment-processing fees.
Nothing in these Terms affects any statutory rights that you may have in relation to payments, consumer protection or unauthorised transactions.
Third-party payment processing fees may apply. The treatment of those fees is described in the applicable service arrangements and/or donation process.
Charity Extra will process your donation using the payment method selected when you donate.
A donation is intended for the charity or Cause selected by you. Once a donation has been processed, any request for a refund should be made through Charity Extra and/or the receiving charity, as applicable. Refunds will be considered in accordance with applicable law, the circumstances of the donation and the requirements of the relevant payment provider.
Optional Tips
Charity Extra may offer donors the option to make an additional voluntary payment (a “Tip”) to Charity Extra when making a donation. The Tip is not part of the donation to the charity and is retained by Charity Extra. A Tip is entirely optional and is separate from the donation made to the charity. Donors are not required to make a Tip and may choose not to do so without affecting their ability to make a donation or use the Charity Extra platform. A Tip is a payment made voluntarily in support of Charity Extra and the donor receives no goods, services, benefits or other consideration in return for making a Tip. If a donor subsequently changes their mind about a Tip, they may request a refund by emailing Charity Extra at info@charityextra.com. Refund requests will be considered and processed in accordance with Charity Extra’s applicable procedures and the circumstances of the request.
4. Additional Services
Charity Extra may, at its discretion, provide charities with additional campaign support at no additional charge.
This support may include strategic guidance, advice relating to social media and email marketing, operations-room and call-centre guidance, templates, customised scripts and other assistance intended to support the reach, awareness and effectiveness of a campaign advertised through Charity Extra.
Where provided in connection with Charity Extra's advertising and promotional services, such support is ancillary to those services and does not constitute a separately charged service.
The VAT treatment of any fees or services supplied by Charity Extra will be determined in accordance with applicable law.
5. Advertising Services and Fees Models
Charity Extra offers charities different service and fee arrangements depending on the services selected for a particular campaign.
Advertising and Promotional Services
Where a charity chooses to have its campaign advertised and promoted through Charity Extra, Charity Extra may charge the charity an advertising fee for the advertising and promotional services provided.
These services may include the publication, display and promotion of campaign content through Charity Extra's advertising platform and promotional areas, exposure to visitors and audiences using the Charity Extra platform, and the use of Charity Extra's technology and promotional functionality to increase the visibility, reach and awareness of the campaign.
The applicable advertising fee may vary between campaigns and will be agreed with the charity. In determining the fee, Charity Extra may take into account factors including the nature, scale, duration and anticipated reach of the campaign and its advertising and promotional requirements.
Charity Extra may also make campaign technology and functionality available in connection with an advertised campaign, including donation processing, fundraising and crowdfunding functionality, campaign-management tools, reporting, communication features and other technology. Unless expressly agreed otherwise, no separate Charity Extra technology or platform fee is charged for these features where they are provided as part of the advertising arrangement.
Charity Extra may also provide ancillary campaign support at no additional charge in accordance with these Terms.
Tip-Only Model
Charity Extra may also allow a charity to use certain Charity Extra campaign technology and functionality without purchasing advertising or promotional services from Charity Extra and without paying Charity Extra an advertising, platform or technology fee.
Under this arrangement, Charity Extra may offer donors the opportunity to make an entirely optional Tip to Charity Extra when making a donation.
A charity using this arrangement is not required to purchase advertising or promotional services from Charity Extra in order to access the technology made available under the Tip-Only Model.
Tips are voluntary payments made by donors to Charity Extra and are governed by the Optional Tips provisions of these Terms.
Third-party payment-processing fees and other third-party charges may still apply under either model and are separate from any fee charged by Charity Extra.
6. Gift Aid
Where a donor provides a Gift Aid declaration or other information relating to Gift Aid through the Charity Extra platform, Charity Extra will collect and process that information on behalf of the relevant charity and make it available to the charity through Charity Extra's reporting and data services.
Charity Extra does not submit or make Gift Aid claims to HM Revenue & Customs ("HMRC") on behalf of charities.
The relevant charity is responsible for determining whether a donation qualifies for Gift Aid, maintaining any records required by HMRC and submitting any Gift Aid claim to HMRC.
Donors are responsible for ensuring that any information and Gift Aid declarations they provide are accurate and that they meet the applicable requirements for Gift Aid.
Charity Extra will provide charities with reporting designed to clearly identify relevant Gift Aid information collected through the platform. The charity remains responsible for reviewing that information and determining whether it may be used in support of a Gift Aid claim.
Where Charity Extra processes personal data relating to Gift Aid on behalf of a charity, it does so as a data processor in accordance with the applicable data-processing arrangements and Privacy Policy.
7. Your Account and Security
You are responsible for maintaining the confidentiality of your password and account information.
If you become aware of unauthorised use of your account, you should change your password immediately and contact Charity Extra using the contact details provided on the website.
You must provide accurate information when creating or using an account and must not impersonate another person or organisation.
8. Fundraising and Crowdfunding
If you create a fundraising or crowdfunding page, you are responsible for ensuring that the information published is accurate, lawful and not misleading.
Where applicable, you shall ensure that any person or organisation for which you have created a crowdfunding page agrees to you raising funding on its behalf for the purposes and in the manner set out on your page.
You shall maintain any necessary authority, permit, licence, consent, approval and registration required for you to fundraise in accordance with applicable law.
You agree that donations provided to your crowdfunding page will be used for the purposes set out on that page and that no fraudulent, criminal or otherwise improper use will be made of donations.
Before commencing a fundraising activity, you should ensure that the benefiting charity or Cause has no objection to the nature of the proposed activity.
Charity Extra may suspend or remove a fundraising or crowdfunding page where it reasonably considers that the page, activity or content is unlawful, misleading, inappropriate, unsafe, fraudulent or likely to cause material reputational or other harm.
9. Acceptable Use and User Conduct
Use of the website must be responsible and lawful and must not breach the intellectual property rights of a third party or any other right or duty owed to a third party.
Offensive, obscene, racist, defamatory, misleading, or deceptive content, including photographs, must not be uploaded onto the website or associated services.
You must not use the website to send email or "spam" to people who do not wish to receive it.
You must not use the website to conduct, display or forward surveys, pyramid schemes or chain letters.
You must not use the website to conduct, display or forward raffles, lotteries or contests unless expressly permitted by Charity Extra and applicable law.
You must not interfere with or disrupt the website, associated services or connected networks, or introduce malicious code, viruses or other harmful material.
You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble the website or any part of it except to the extent permitted by law.
You must not disclose information relating to a donor except with the donor's consent or where permitted or required by applicable law.
10. Content and Intellectual Property
By submitting and posting content to the website, you grant to Charity Extra a perpetual, irrevocable, worldwide, royalty-free and nonexclusive licence to use, modify, reproduce, publish, broadcast, display and distribute the content in any format or medium for the purpose of promoting Charity Extra or the relevant charity, or as otherwise permitted by law.
You confirm that you have the rights, permissions and licences necessary to submit the content and to grant the licence described above.
All copyright and other intellectual property rights in the website and material on it are owned by Charity Extra or used with the permission of the relevant rights holder.
You may not use, copy, adapt, modify, sell, licence, distribute, transmit, display, publish or create derivative works from the website or its material without prior written consent, except as permitted by applicable law.
11. Privacy and Personal Information
Charity Extra's Privacy Policy forms part of these Terms and explains how personal information is processed in connection with the Charity Extra platform.
Where Charity Extra processes personal data on behalf of a charity in connection with donations, fundraising, campaign activity, Gift Aid information, donor information, reporting or other platform functionality, the relevant charity will generally act as the data controller and Charity Extra will act as the data processor on behalf of that charity.
In those circumstances, Charity Extra will process personal data on the documented instructions of the relevant charity and in accordance with the applicable data-processing arrangements and data-protection laws.
Charity Extra may act as a data controller in respect of personal data that it processes for its own purposes where Charity Extra determines the purposes and means of that processing. Such processing will be carried out in accordance with Charity Extra's Privacy Policy and applicable data-protection laws.
Where a charity or other user receives or accesses personal information through the Charity Extra platform, that person or organisation is responsible for complying with applicable data-protection laws in its use of that information.
Personal information must be kept secure and used only for lawful purposes. Charities and other users must not sell, trade or rent personal information obtained through Charity Extra to third parties except where permitted by applicable law and the applicable data-processing arrangements.
Personal information must not be retained for longer than necessary, and communications with donors must only be made where the relevant consent or other lawful basis exists.
12. Third-Party Websites and Services
Charity Extra may provide links to other websites. Charity Extra does not control or make representations about those websites, their information, products or materials. You access third-party websites at your own risk and are subject to their applicable terms.
Charity Extra may select partners offering information and services that we believe may enhance the website. While we seek to select reputable partners, we are not responsible for information or services supplied by third parties.
13. Service Availability
Charity Extra aims to keep the website and associated services available, but does not guarantee that they will always be available or uninterrupted.
During maintenance or other periods, the website and associated services may not be available. In exceptional circumstances, services may also become unavailable at other times.
We may modify, suspend or discontinue any part of the website or associated services where reasonably necessary, including for maintenance, security, legal or operational reasons.
14. Disclaimer and Limitation of Liability
The website and associated services are provided on an "as is" and "as available" basis to the fullest extent permitted by law.
To the full extent permissible by law, Charity Extra disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Charity Extra does not warrant that the services, information, content, materials, products, software, website, servers or electronic communications will be free from viruses or other harmful components.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that applicable law does not permit us to exclude or limit.
If found liable, Charity Extra shall only be liable under these Terms for direct losses which are reasonably foreseeable and caused by Charity Extra's uncured material breach of these Terms or its negligence.
Charity Extra's total liability to you arising under or in connection with these Terms shall in no circumstances exceed the total sum of the donations you have made using the website in the preceding 12-month period ending on the date the circumstances giving rise to Charity Extra's liability arose.
In no event shall Charity Extra be liable for losses relating to any business of yours or lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, or loss or waste of management or staff time, except to the extent that such liability cannot lawfully be excluded.
15. Termination and Suspension
Charity Extra reserves the right to suspend or permanently deny access to all or part of the website and associated services where you breach these Terms or where suspension is reasonably necessary for legal, security, fraud-prevention or operational reasons.
Charity Extra may remove or suspend a fundraising or crowdfunding page if the relevant charity is no longer receiving donations through Charity Extra, is no longer active, or requests removal in accordance with its agreement with Charity Extra.
Following termination or suspension, obligations that by their nature are intended to continue will remain in effect.
Funds already received on your behalf by Charity Extra will be handled in accordance with the provisions of these Terms and any applicable charity or service agreement. Payments may be delayed while an investigation is conducted, and donations may be refunded where appropriate.
16. Children and Young People
The website and its services are not intended to be used by children in circumstances where parental or guardian involvement is required by applicable law.
Fundraising may only be conducted by users over the age of 18. Persons under the age of 18 may create crowdfunding pages only with parental consent and supervision.
If you have concerns about a child's use of Charity Extra services, please contact Charity Extra using the contact details on the website.
17. Confidentiality
The parties shall treat as confidential information about the other party acquired through use of the website and associated services which is not in the public domain.
Confidential information may be disclosed where required by law, a regulator or governmental body, or to professional advisers and service providers who are subject to appropriate confidentiality obligations and have a legitimate need to know.
Personal information is handled in accordance with applicable data-protection laws and the Privacy Policy.
18. Changes to These Terms
We may update these Terms from time to time to reflect changes in the law, our services, technology or business arrangements.
Where changes are material, we will take reasonable steps to notify users through the website or other appropriate means. The updated version will identify its effective date.
Your continued use of the website after the effective date of updated Terms constitutes acceptance of the revised Terms, subject to any rights you may have under applicable law.
19. Governing Law and Disputes
These Terms and any contractual or non-contractual dispute arising out of or in connection with your use of the website or associated services are governed by English law.
Nothing in these Terms prevents a consumer from exercising any mandatory rights or bringing proceedings in a court or forum where applicable law gives that consumer the right to do so.
Where appropriate, Charity Extra will seek to resolve disputes informally before formal proceedings are commenced.
20. General
A person who is not a party to these Terms has no right to enforce any term of these Terms.
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be treated as modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in effect.
A failure or delay by Charity Extra in exercising any right under these Terms does not constitute a waiver of that right.
21. Contact
Questions about these Terms, donations, fundraising or Charity Extra services should be directed to Charity Extra using the contact details published on the website.
Email: info@charityextra.com
Website: https://www.charityextra.com/
Glossary
"Cause" means a charity or other cause supported through use of Charity Extra services, including a non-charitable crowdfunding cause where the service permits this.
"Charity Extra", "we", "us" and "our" mean Giving More Online Limited, the owner/operator of the Charity Extra website and associated services.
"Website" means https://www.charityextra.com/ and associated Charity Extra websites or services.
"You" and "your" mean each user or viewer of the website, including donors, charities, fundraisers and crowdfunders.