Info for Charities
Terms and conditions for charity 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 straight forward.
What we want to achieve is helping you promote your cause or indeed causes via campaigns, secure the funding that you want and achieve your goals in the local community.
You may be eligible to take advantage of the GIFT AID scheme. It is entirely your responsibility to deal with this aspect. We will pass over the details to you when requested by a Donor, but have no responsibility in relation to the processes involved or liability in relation to whether you are successful in making a claim in relation to GIFT AID.
We do amend our 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. These changes may be retrospective:
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, for the purposes of this agreement Community Amateur Sports Clubs) and Charities. In return for the donation, a Donor can, if they so choose, either at the time of the donation or within 12 months of it, download a voucher from a Business Member (BM). This voucher will have been posted on the website by a BM. A Donor will be able to redeem that voucher against the relevant promotion or offer to which it relates.
All vouchers are downloaded with the use of “MaDpoints”. “MaDpoints” are allocated either when a donation is made and/or when a person enrols through the MaD website to participate in an event of a Charity or NfP which is a Member Organisation (MO). When a Donor has sufficient “MaDpoints” to download a chosen voucher he or she may do so.
As a MO you may qualify to be allocated “MaDpoints” for promotional events marketed by MaD from time to time. If that were to be the case these “MaDpoints” can only be used as a promotional tool to obtain a voucher to be given to Donors who have contributed to that particular promotion and selected on a random basis from all who have so donated. In these circumstances you MUST inform the business to which the voucher relates as to the name of the Donor recipient.
The number of “MaDpoints” allocated in any circumstance will always be at the sole discretion of MaD and will vary from promotion to promotion.
Neither “MaDpoints” nor vouchers have a cash value and cannot be exchanged in part or in whole, for cash.
A Business Member will lay down the terms of each voucher offered and those will be binding when the voucher is downloaded;
4. Upon successfully completing the application process (you agree to provide us with all the information we require and any membership of the business operated by MaD is at its sole discretion) you as a NfP or Charity will be a Member Organisation (MO) (subject to compliance with our TaCs from time to time). There is no time period placed on you as a MO save for a minimum of 12 months. The TaCs become binding when MaD notifies you that you have been accepted as a MO. You may cancel your application at any time up to that point.;
5. There is no fee involved in becoming an MO and you receive 100% of each donation made to your campaign(s);
6. As a MO, you are always subject to the termination procedures in these TaCs;
7. As a MO, you authorise and instruct MaD to publicise your NfP or Charity, promote your campaigns, collect in donations and hold them subject to the TaCs. As part of this, a Donor may allow us to pass to you their name and email address. If a Donor does so consent you agree that, unless you seek and are given express consent to the contrary, those details of the Donor that we pass to you will only be used by you to expressly thank that Donor for that particular and individual donation and, if applicable, in relation to the GIFT AID scheme. You warrant to keep any Donor details safe and secure, comply with your legal obligations and delete if requested by the Donor;
8. You will inform MaD as to the nature of the of any campaigns that you wish to raise funds for and 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 campaign. In doing so you are confirming the truth and honesty of the contents of all of those and the voracity of any campaign. There is no limit as to the number of campaign nor the level of funds that you seek to raise nor the time that a campaign shall be maintained, except that there will be a review period after 12 months if the campaign has not, by that point reached its conclusion. It is for you to assess each campaign, MaD has no input or control over any aspect of your activity save as it may impinge or affect its business and as is expressly provided for;
9. MaD have full editorial control upon all campaigns 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. We will collect in the donations and then hold them in our Client Account. In order to receive the funds we will have agreed with you how and when the monies will be paid over and that agreement form part of these TaCs. If the sums held in our Client Account in respect of any individual campaign is less than £10,000 then we retain the interest and you specifically agree to that. This is because, with interest rates being so low it is not commercially viable for us to allocate small amounts of interest. If the interest rate moves up significantly we will review this minimum figure;
11. If after 12 months the campaign has failed to secure the total funds then a review will take place to consider whether the campaign should continue or should be closed. If it is closed in the circumstance that the target has not been achieved then such will be notified on the campaign page on the website and on your website and providing there is no objection by any Donor to the campaign within a period of 28 days the monies raised will be paid over for use by the MO. If there is an objection you must deal with that before the monies are paid over and MaD has no involvement is such and simply will retain the funds in a separate account until it is satisfied that agreement has been reached between all parties. MaD will then pay as directed. If there is no agreement in 6 months then the funds will be paid to a charity of MaDs choice;
12. There is no responsibility or liability on MaD which, if it is drawn into a dispute will require all costs, damages, fees and expenses to be paid as and when they fall due by the MO in question and you agree to this;
13. As a minimum we require that all campaigns clearly show; the funds required, what you propose that they will be used for, whether the campaign is time critical and if so why, whether you are eligible to take advantage of GIFT AID, the address of and preferably a link to, your website and the name and telephone number of a responsible individual who can provide information about the campaign to a Donor, potential Donor, business or MaD;
14. You as a MO 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 MO 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 racist or sexiest comment or campaign but also where MaD receives a complaint concerning content or indication of any potential breach of any intellectual rights howsoever arising;
15. For the avoidance of any doubt you allow MaD to utilise your IP on the 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 MO, 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 campaign but will not prevent a browser browsing the website as a whole. 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;
16.We require all the details contained in the NSA to process your application and you consent to provide those and to notify us within 5 working days of any changes to that information;
17.If an MO shall for any reason become insolvent or, for whatever reason cease to exist then this agreement will terminate immediately and any funds raised and held by MaD as a result of a campaign will be paid to an NfP or Charity of MaD's choice;
18.Either party may terminate this agreement by giving one month written notice after the expiry of 12 months from the date that this agreement commenced;
19.Termination can also occur if, in the sole and absolute opinion of MaD, the MO breaches this agreement or otherwise acts or behaves pursuant to this agreement with MaD 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 Donors and/or Business Members of MaD or may be so if the MO remains a MO;
20.Upon termination all reference to that MO will be removed from the website and there is no obligation for MaD to return any property of whatever nature to the MO which will not hold itself out to be or in anyway (either directly, indirectly or impliedly) indicate that it remains a member of MaD or is associated with MaD.
21.Any former MO, 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 our agreement or association between MaD and the former MO;
22.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 nor any connection and/or association with MaD;
23.From time to time the website will not be operational (eg) 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 definitely we will do so. We cannot and do not accept any responsibility or liability for any loss or damage, howsoever occurring that results from the failure of the website to operate and/or function properly or at all and/or the failure to provide any or any reasonable notice;
24. We take security very seriously but there may be instances when we are "hacked" or suffer some other security breach. We cannot and do not accept any liability for any loss or damage, howsoever arising, as a result , unless it is found that we did not take the minimum reasonable (that is reasonable with regard to the size and financial status of MaD) security steps to protect the website;
25.You use the website "as is" and "as available" and at your own risk and this includes you officers, employees, trustees , servants and agents. The exception to this is in relation to death or personal injury resulting from negligence on our part or any liability which we may not, from time to time, be permitted under the law, to exclude;
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 MO at its principle place of operation by ordinary first class post. There is a duty upon both MaD and the MO 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 MO (unless given a specific email address to use by an appropriately responsible person) but the MO must do so by ordinary first class post to MaD's Registered Office;
27.The laws of England and Wales govern this agreement;
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 MO are copyright MaD which holds title to (or is permitted to use) all IP relating to the website and its operation and functionality to include domains unless stated (expressly or impliedly) or is a link placed upon the website 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