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Donor Terms and Conditions
We here at Make a Donation (which is referred to as MaD or we) believe that legally binding Terms and Conditions (TaCs) are important for both you and for us BUT we also believe they should be straight forward and as short as possible. We just want you to understand what you are agreeing to.
What we want is for you to be able to donate quickly, easily and locally and, hopefully, get something back for your generosity.
We do amend our TaCs from time to time and this could operate retrospectively. You will be bound by those amendments from the time that they appear on the website. If you do not agree with changes in whole or part, you should not use the website. We generally don't flag up these changes so, you are agreeing with us that you will check for changes and that you accept that you will be bound by any changes we make and that we can make them unilaterally:
MaD is a company registered in England and Wales with a company number 07853867. It has a Registered Office at 3 Manor Courtyard, High Wycombe. HP 13 5RE;
It is important that you understand at the outset, that MaD acts as a facilitator, to enable you to make your donation and provide you with the potential option of receiving something back for that. MaD have no control whatsoever over members of the website;
We operate an on-line donation service via our website www.make-a-donation.org at which you can choose, having followed the Registration Process, a Not for Profit (NfP) organisation or Charity (which here includes Community Amateur Sports Clubs and Community Interest Companies) to donate money to via that on-line facility or by cheque sent to us;
You can only donate to those NfPs or Charities that are members of the site;
We collect your donation, pay it into a Client Account and then pay it over to your chosen organisation under the terms of the agreement that we have with that organisation;
The donation will be paid over in full save for the deduction for transaction charges which will be taken. This is currently 2.5% of all donations and is applicable to each and every donation. You may be able to utilise GIFT AID although we do not deal with that aspect ourselves. Your chosen organisation will be able to tell you whether they are registered to benefit from GIFT AID. It (or they) will receive your details in any event following your donation (please note you cannot opt out if you wish to allow the organisation to benefit from GIFT AID) and will, we would imagine, contact you in any event and if applicable, in relation to GIFT AID. It will be up to you as to whether you chose to participate. For more about Gift Aid we suggest that you consult www.hmrc.gov.uk/individuals/giving/gift-aid.htm and any associated links. You must also consult the website of your chosen organisation and any queries should be addressed to that organisation(s) or indeed HMRC;
In return you will be allocated, “MaDpoints”. All you have to do is follow a simple procedure to register your intention and supply necessary information. The sole purpose of “MaDpoints” is to enable a Donor to download a voucher from a Business Member relating to an offer or promotion, as appears on the website, in order that that Donor may take advantage of an offer or promotion. The number of “MaDpoints” that will be allocated per £1 donated will vary in respect of each promotion by our member Charities and NfPs and is always at our sole discretion. For the purposes of MaDpoints the deduction in respect of transaction charges is not taken into consideration.
“MaDpoints” do not have a cash value and cannot be redeemed nor exchanged in whole or in part for cash. In the same way a voucher can have no value to entitle a Donor to redeem it in part or in whole for cash. A voucher only may be used under the terms laid down by the Business Member (or MaD). We cannot guarantee that there will be any or any suitable offer or promotion available at any time.
In addition, should you register to take part in any event posted on the website by a Charity or NfP, as a participant then, along with any “MaDpoints” you may receive as a Donor, you may also be entitled to claim the number of “MaDpoints” specifically offered for your participation. As above you do have to follow the procedure to claim the “MaDpoints” that you may be entitled to for that specific participation. The other terms above apply to a participant in relation to “MaDpoints” and you must enrol and register as a participant through the MaD website to receive “MaDpoints”.
The vouchers are only redeemable against the goods and/or services offered by the particular Business that you chose and we cannot guarantee that there will be either offers available within 12 months of your donation or that within the same period there will be any offer that you wish to take up by downloading a voucher;
From time to time MaD will run promotions which may offer some benefit in whatever form to incentivise potential new Donors. Unless MaD specifically notify existing Donors that this promotion applies to them, you, as an existing Donor, accept that it will not and it is for the purpose of attracting new and first time members who are not, nor have previously been, members of MaD.
If you find nothing of interest at the time you make your donation you can "bank" your entitlement for up to 12 months from the time you make the donation. After this period the entitlement will lapse;
We do reserve the right to refuse to accept a donation and don't have to give a reason for that refusal. We only accept donations on-line as and when the on-line facility is available from time to time and only via a card that is approved and acceptable to us. If we have difficulties receiving cleared funds, we will contact you as soon as we are able. We do not accept cash;
Our Business Members seek publicity and use the website and the offers they make to market their goods and/or services. We have no control over the offers that they post on the website nor the voracity of them. That said, if you have a problem, tell us;
You do not have to use your entitlement against one Business. If you have sufficient entitlement you can use it to buy vouchers from a number of our Business members;
If you download a voucher and if, within the time valid period of it the Business ceases to trade; tell us. We will amend our records and when we have done so (usually 14 days) we will credit back that amount you have been unable to use so you can look for another voucher and the 12 months period starts from the time you are re credited by us. Unfortunately this is the only circumstance we feel able to offer this service;
Once a donation is made it cannot be refunded even if there has been unauthorised use of the card. You should however report matters to us and to the police. We will treat any payment we accept as a donation. The exceptions are where the organisation which would receive that donation provides us with written confirmation we may return that donation and it is up to you to obtain that consent or we are required to do so by an order of a competent Court;
From time to time the website will not be operational (eg) for maintenance to take place. We will try and provide notice if this is going to happen, but we cannot definitively say we will do so. We cannot accept any responsibility for any loss however it happens that results from any failure of the website to function in whole or in part and/or the fact we did not give notice;
In the same way, we try to protect our website but there may be instances when we are "hacked" or suffer some other breach of security or some third party interferes in some way in the operation of the website or what the website actually does. Again we cannot be responsible for any loss caused as a result unless it is found we did not take the minimum of reasonable (that is reasonable to the size of our business) security steps to protect the site;
You use the website and the service(s) "as is" and "as available" and at your own risk (except as to death or personal injury resulting from negligence on our part or any other liability which we may not from time to time be able, under the law, to exclude);
We cannot and do not control what the organisation(s) of your choice chooses to do with the money we collect and pay over to it. In other words, they may apply the funds for whatever purpose they feel appropriate. The reason is that it would be unrealistic for us to try and police each Member. That is not commercially viable. That said, we rely on the veracity of our members and we believe it would challenge the credibility of an organisation if they sought to apply the funds other than as per the campaign run through MaD, without good reason. If you do have issues then please let us and the organisation know;
We do not have any control over the provision (or otherwise) of the goods and/or services that are provided by the Business whose voucher you chose;
With regard to the last two points , any legal relationship is between you and the organisation and/or Business. We do obtain information from our Members as far as we deem, (at our absolute discretion) to be reasonable but we cannot, for example, prevent somebody running off with the money or a restaurant serving a bad meal. If there is a problem that will be for you to resolve. Again, however, we would want to know so please tell us if there is a problem;
To be clear there is no relationship between MaD and Members save, by agreement for the marketing and/or publicity of our member Businesses and for us acting to facilitate the raising and collection of funds for our NfP and Charitable members. There is no, for example, relationship of Principal and Agent either by agreement or implied. This also applies to our relationship with you;
We have to reserve the right, at our absolute discretion, to remove anything that appears on the website that we deem to be inappropriate. This includes (but isn't limited to) offensive, racist or sexist content of whatever nature. Further you mustn't use this website for any other purpose than that which it is intended for (eg) no spam emails and no disruption of the services offered. We may report any such to the Police;
Everything on this website including these TaCs are copyright MaD and all intellectual property in whatever form is vested in MaD. The exception is the promotion material of the Businesses and the NfP and Charities which are their own intellectual property and MaD has no control or interest in such save as may be agreed and such agreement would be confidential to the parties involved. In the same way any links and the contents that are found as a result of using those links are not MaD's (unless we say so) nor are they our responsibility and we cannot be liable in anyway in respect of such. Nor does it imply our association or other connection to those sites. If there is a problem however, let us know;
The laws of England and Wales govern this agreement;
Anybody who is not a party to this agreement has no right under The Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement;
You will be deemed to be aware of the terms of business with a NfP or Charity so far as payment of monies over to it (or not) if there were to be a difficulties, for example in attaining the financial target or the organisation ceases to exist and you can find details in the terms of our relationship in the relevant section under "Organisations".
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Make a Donation Ltd. Registered in England & Wales. Company No. 07853867. Registered Office: 3 Manor Courtyard, Hughenden Avenue, High Wycombe, Buckinghamshire HP13 5RE