Info for Businesses
Terms and conditions for business members
We 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 that they should be straightforward.
Our aim is to help you promote and grow your business and in so doing be a part of helping worthy local causes to achieve their goals.
Also please remember that the provision of goods and/or services by you will form a binding contract with a third party and as such MaD will not be involved nor have any actual or contingent liability should a dispute arise.
We do amend these TaCs from time to time. We do not flag these changes so, you are agreeing with us that you will check for changes on the website, that you will be bound by any changes we make (subject to the point made above) and that we may make these unilaterally:
1. 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. HP13 5RE;
2. MaD (or any successor to it) has title to and operates an on-line business via a website; www.make-a-donation.org;
3. The business operated by MaD involves the collection and distribution of donations for and to Not for Profit organisations (NfP) (which shall include Community Amateur Sports Clubs) and Charities. In return for the donation, a Donor (who is also referred to as a Donor Member (DM)) can, if they so choose, either at the time of the donation or within 12 months of it, download a voucher for up to 200% of the level of their donation from any Business Member or Members (BM) to redeem with that, or those BM;
4. Upon successfully completing the BM application process (and any membership of the business operated by MaD is at its sole discretion) you will, for during the period that you have vouchers to issue (subject to compliance with our TaCs from time to time and any subsequent renewal of you membership of MaD) become a BM and as such, be entitled to make offers and promotions (referred to as promotions) to DM on the website via the vouchers and to promote and market the goods and/or services that you offer. The agreement and all the terms become binding when MaD notifies you that you have been accepted as a BM. You may cancel your application at any time up to that point. Thereafter the full fee becomes due and if already paid is non refundable, to or by MaD;
5. Donors donate via the website and in return will be allocated, “MaDpoints”. The sole purpose of “MaDpoints” is to enable a Donor to redeem a voucher from a BM 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 and is always at our sole discretion.
“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 BM (or MaD). MaD do not guarantee that there will be any or any suitable offer or promotion available at any time.
From time to time MaD will offer “MaDpoints” as a promotional tool. In such cases, for example, a Charity or NfP will download a voucher and present it to a Donor. In any such promotional case you will have been notified of the name of the Donor and shall accept the voucher from that Donor on the same terms as if the Donor had downloaded that voucher and/or received the “MaDpoints” as the result of a donation.
As a BM you will have elected, following explanation however that has occurred, to take one of the 6 options in the Pricing Structure that appears at the Schedule which can be found here. This Schedule forms part of this Agreement and sets out what MaD will do for you and permit you to do in the course of your membership as regards to promotions of goods and services and associated promotional activity from time to time. If there is any part of the Pricing Structure you do not understand you must raise such query or queries before entering into this Agreement.
The value and structure of the vouchers that you issue is your commercial decision. We will be happy to discuss this aspect with you if you wish and will assist as far as we are able, but any decision taken is yours and yours alone.
When the number of vouchers provided for in your selected package have been taken up then you can rejoin on payment of a further package fee. If you do not rejoin then your details will be removed from the website after 14 days.
All fees and costs quoted in these TaCs are exclusive of VAT, which is currently set at 20%. We reserve the right to vary such rate if appropriate. The number of vouchers in each package remains on an individual or general basis, entirely at the absolute discretion of MaD;
6. As a BM, you are always subject to the termination procedures in these TaCs;
7. As a BM you allow MaD to distribute the vouchers in respect of any promotion, to DM;
8. You will inform MaD as to the nature of any promotions that you wish to make and we will permit and allow MaD to post such on the website. You should provide us with the necessary wording you wish to use together with any artwork and links you wish to exhibit with the promotion. In doing so you are confirming the truth and honesty of the contents of all of those and the voracity of any promotion. There is no limit as to the number of promotions (save as to the number of vouchers at your disposal in your package) nor value of such nor the time that a promotion shall be maintained. However if you only wish (for example only) to offer only 2 vouchers for a certain promotion then that is acceptable. In other words there is no minimum nor maximum (save as to the availability of vouchers in your package). It is for you to commercially assess each promotion, MaD has no input or control over any aspect of your commercial activity save as it may impinge or affect its business and/or as is expressly provided for. We simply want to help you grow through your membership of MaD;
9. MaD have full editorial control upon all promotions that appear on the website. If we propose changes we will inform you and offer you the opportunity to comment. We must have this control so the final decision on what appears in any promotion will be that of MaD;
10. There is no time limit imposed on the length of any promotion except it cannot exceed the BM’s last date of membership. As to the businesses that MaD may sign as members, we do not restrict the number of businesses that may be the same or similar. We have absolute discretion as this;
11. The promotion must always be based around a DM being able to download a voucher for a monetary benefit. Discount and multiple purchase promotions are not permitted. A DM may not allow us to pass any of their details to you. However, if a DM does consent we will forward to you their name and email address. You agree that, unless you seek and are given, the express permission to the contrary, any details of the DM we pass to you will only be used by you in the context of the particular promotion in question and the use of the voucher. Further you warrant to keep any details of a DM safe and secure and delete all such details if requested by the DM. If a DM does not permit us to pass details to you, this will not affect the validity of the voucher;
12. Legal obligations and contractual relationships of whatever nature with regard to the goods and/or services of the promotion are between the BM and the DM so it is strictly the BM’s responsibility to ensure that all legal terms are made clear before the DM accepts the voucher. There is no responsibility or liability on MaD which, if it is drawn into a dispute will require all costs, fees, damages and expenses to be paid in full as and when they fall due by the BM in question and you agree to this;
13. As a minimum we require that all promotions clearly show a start and end date, restrictions (if any) on the promotion and use of the voucher, the number of vouchers available and the value of them (each promotion has a value and is divided equally between the number of vouchers to be made available in the promotion), what cost, if any, there will be to the DM in the delivery of the goods and/or services in the promotion, the full name and address of the BM, website details for the BM and a contact telephone number together with the name of a responsible individual within the BM to answer queries we or a DM or a NfP or Charity may have concerning the promotion. You agree to accept any voucher issued by MaD as the result of any promotion that MaD might from time to time, in its absolute discretion deem appropriate;
14. You as a BM will be responsible for ensuring that there is no infringement of any intellectual property (IP) that you wish to use in any promotion that appears on the website. MaD reserves the absolute right to suspend a BM from the website and/or remove anything that it believes to be, in its absolute discretion, inappropriate and this would include (but not limited to) not only any offensive, racist or sexiest comment or promotion but also where MaD receives a complaint concerning content or indication of any potential breach of any intellectual rights howsoever arising;
15. From time to time the website will not be operational (e.g.) for maintenance or because of some other reason or failure in operation. Where such is within our control we will try and provide some notice, however short but we cannot say definitively we will do so. We cannot accept any responsibility or liability for any loss or damage howsoever that occurs as a result of the failure of the website to operate and/or function properly in whole or in part and/or the failure provide any or any reasonable notice;
16. We take security very seriously but there may be instances when we are “hacked” or suffer some other security breach. We can not and do not accept responsibility for any loss or damage, howsoever arising, as a result unless it is found that we did not take the minimum of reasonable (that is reasonable with regard to the size and financial status of MaD) security steps to protect the website;
17. You use the website “as is” and “as available” and at your own risk and that includes your officers, employees servants or agents. The exception to this is in relation to death and 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;
18. For the avoidance of any doubt you allow MaD to utilise your IP on its website and in its advertising without separate cost and as part of this agreement. You also warrant that you have legal title in all such IP. As part of this agreement you, as a BM will place a link on your website to that of MaD. This link will take a browser to a page that will have reference to your promotions but will not prevent a browser browsing the website as a whole. You will also actively consider the use of the MaD logo in any marketing material you may produce or campaign you undertake. In consideration MaD will allow you to use positively and for the benefit of MaD its logo and any other IP that it chooses to make available from time to time;
19. We require all the details contained in the BSA to process your application and you consent to provide those and to notify us within 5 working days of any changes to that information;
20. Either party may terminate this agreement by giving two months written notice to the other. MaD will not be required to refund any monies paid to it by the BM should the agreement terminate for any reason. You as a BM accept and agree that any outstanding voucher(s) will be honoured under the terms that it or they were offered even if it or they may be redeemed during any period of notice or after termination has occurred;
21. Termination can also occur if, in the sole and absolute opinion of MaD, the BM breaches its agreement with either MaD and/or a DM or otherwise acts or behaves pursuant to the agreement with MaD and/or a DM or otherwise outside any agreement, in such a manner that, (again in the sole and absolute opinion of MaD), is contrary to the image and reputation of MaD and/or a DM and/or an NfD or Charity or may be so if the BM remains a BM. Further, if the BM were to become insolvent (however that were to occur and in whatever form) or cease to trade, this agreement would terminate with immediate effect.
22. Upon termination all reference to that former BM will be removed from the website and there is no obligation for MaD to return any property of whatever nature to the former BM which will not hold itself out to be or in anyway (either directly, indirectly or impliedly) indicate that it remains a member of MaD.
23. Any former BM, howsoever its agreement is terminated, will hold MaD harmless in full for any loss, damage, fees costs and expenses that may be incurred as such full due, if MaD were to become involved in any dispute of whatever nature resulting from the agreement between MaD and the former BM;
24. From time to time MaD will run promotions to incentivise businesses to join MaD. These promotions, unless specifically specified to the contrary will apply to any BM or former BM
25. MaD has no control as to the nature or content of any link of whatever nature that appears on the website, can take no responsibility for such content and does not imply any reflection of the views or beliefs of MaD
26. All notices required to be given under this agreement or otherwise shall be given; in the case of MaD at its Registered Office and the BM at its principle place of business by ordinary first class post. There is a duty upon both MaD and the BM to notify to the other any change in that address (within 5 days of the change); MaD may do so by email to any email address it has for the BM (unless given a specific email address to use by an appropriately responsible person) but the BM must do so by ordinary first class post to MaD’s Registered Office;
27.The laws of England and Wales govern these TaCs;
28.Anybody whether individual, corporate or otherwise, who is not a party to this agreement has no rights under The Contracts (Rights of Third Parties) Act 1999 to enforce any terms in these TaCs
29. This document and all others that now or in the future constitute the agreement between MaD and a BM are copyright MaD which holds title to all IP relating to the website and its operation and functionality to include domains (or has been permitted by a third party title holder to so utilise IP over which it does not hold title) unless stated (expressly or impliedly) to the contrary or is a link placed upon the site by a third party and MaD has no responsibility in relation to such link or where such link may take a browser who uses such;
30. If there were to be, for whatever reason a contradiction in the documents constituting the TaCs this document shall take precedence.
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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