A) TERMS & CONDITIONS OF SUPPLY OF SERVICES (Donors, Website users)

B) TERMS OF WEBSITE USE

A) TERMS & CONDITIONS OF SUPPLY OF SERVICES (Donors, Website users)

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply the donation services (“Services”) available on our website: www.gift2help.com (“our site”) to you. Please read these terms and conditions carefully before availing yourself of any Services from our site. You should understand that by using our site, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. From time to time these terms and conditions may change or be updated. You are responsible for accessing and checking these terms and conditions whenever you access the website.  

1. Information about us

www.gift2help.com is a site operated by Gift2Help Limited (“we”). We are registered in England and Wales under company number 06842563 and with our registered office at Sovereign House, 212-224 Shaftesbury Avenue, London WC2H 8HQ.      

2. Your status

By placing an order through our site, you warrant that: 

(a) You are legally capable of entering into binding contracts; [and]

(b) You are at least 18 years old;    

3. How the contract is formed between you and us

3.1 Our site allows you to donate to any charity or organisation listed on it. We choose charities and organisations who wish to be featured on our site voluntarily and accept them as non-exclusive members. Each charity or organisation on our site has a contractual agreement with us. On our site, the charities and organisations nominate certain goods or services they require and users thereof are afforded the option of what requested goods or services you wish to “donate”, or more technically, help that charity or organisation to buy.    

3.2 After placing a request to donate, you will receive an e-mail from us acknowledging that we have received your donation. Please note that this does not mean that your donation has been accepted. Your request constitutes an offer to us to accept the donation. All donations are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the donation has been made. The contract between us (“Contract”) will only be formed when we send you the donation confirmation, which will take the form of a formal email for your records.    

3.3 Subject to clause 3.4, the full monetary value of the donation (100%) will be afforded to the charities and organisations (“recipients”) and they have a primary obligation, were it is reasonable to do so, to use the donation for the purchase of the goods or services or “purpose” stated on the website. However, please note that the charity or organisation receiving the donation has to reserve the right to use your donation for its other general charitable purposes should goods or services become unavailable or its requirements change without notice being given to us. We cannot therefore always guarantee that donations will be used for the stated purpose advertised on the website. Please note that currency and price changes might impact the value of your donation. We cannot be held responsible for any loss you experience due to the use of your donation by the recipient in a way that is different than stated on our site.  

3.4 Further, Charities or organisations might not actually receive the full donation (100%) in the event of [refunds being deducted or] administration charges arising. Administration charges may arise due to non-compliance of the charities or organisations with their contractual obligations to us. These charges only arise if increased administration efforts and costs incurred by us have been caused by the member charity or organisation themselves.

4. Our status

We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that goods or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller. Further, links to member charities, organisations or other third parties shown on the website do not imply endorsement of their content or opinions. We take no responsibility for the content shown on these websites. The use of these links and websites is your own responsibility.

5. Consumer rights

5.1 We do not take responsibility for fraudulent or unauthorised use of credit, debit or other charge cards. Donations made on the website are final and not disputable unless the cardholder proves wrongdoing in bad faith by us. We recommend the cardholder liaises directly with the card issuing bank or organisation if they suspect fraud.

5.2 When using the website you agree to our Terms of Website Use [see below], Acceptable Use Policy and Privacy Policy and to allow us to use your personal data in accordance therewith. For further information on the above terms please click on the links. The Terms of Website Use, Acceptable Use Policy and Privacy Policy form part of the Terms and Conditions outlined here.    

6. Handling Fee/Credit Card Charges

6.1 We do not charge member charities or organisations anything for the services we provide them or for being listed on our site. We do not deduct any money from the donation (with the exception of donor refunds or admin charges as referred to above). Donors will be charged a flat handling fee to cover our administration and transaction costs to the member charity or organisation. This handling fee does not change regardless of the donated amount. We reserve to right to change the handling fee from time to time.  Certain credit card and debit card use charges may be applicable and will be clearly displayed during the process of donation and the amount notified to you prior to, at the time of and after completion of the donation.  

6.2 The purchase price of any particular goods and services advertised in our site are liable to change at any time, but changes will not affect donations in respect of which we have already sent you an email donation confirmation.

6.3 All donations must be made by credit or debit card. We accept payment with VISA and MASTERCARD. We will not charge your credit or debit card until we have sent you the email donation confirmation.

7. Gift Aid

7.1 If your donation is eligible for Gift Aid under the UK government’s Gift Aid scheme we will reclaim Gift Aid on behalf of the member charities. Every member charity has an agreement with us that allows us to reclaim Gift Aid on their behalf. Please click here to see further information on Gift Aid or visit the HMRC website www.hmrc.gov.uk  

7.2 We are not a taxation, accounting or financial advisor and you should not rely on information given on our site regarding your tax, accounting of financial consequences of making a donation to a charity or with regards to Gift Aid. We strongly recommend that on the areas mentioned above you consult your own adviser.  

7.3 For the service of claiming Gift Aid on behalf of the member charities we charge an admin fee of 10% based on the Gift Aid amount. We do not deduct any money from the actual donation (with the exception of donor refunds or admin charges as referred to above).

7.4 In the event that your donation or the member charity is not eligible for Gift Aid we will not reclaim Gift Aid or charge a fee for this service.

8. Our liability

8.1 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the amount of the donation.  

8.2 This does not include or limit in any way our liability:   (a) For death or personal injury caused by our negligence;   (b) Under section 2(3) of the Consumer Protection Act 1987;   (c) For fraud or fraudulent misrepresentation; or   (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.  

8.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage [and which are not foreseeable by you and us], including but not limited to:   (a) loss of income or revenue   (b) loss of business   (c) loss of profits or contracts   (d) loss of anticipated savings   (e) loss of data   (f) loss of data, or   (g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.  

8.4 We reserve the right to make any changes to our site, the terms and conditions and other policies referred to herein at any time with or without notice. Any existing or new features, services, products or software applications are subject to these terms and conditions unless otherwise stated. For the avoidance of doubt your donation will be made pursuant to the prevailing terms and conditions contained in the site as at the date of the email donation confirmation you receive.  

8.5 This site and the information, names, images, pictures, logos regarding or relating to us are provided "as is" without any representation or endorsement made and without warranty of any kind whether express or implied. The site is the copyright work of Gift2Help Limited or used under licence from other copyright owners and no part of it may be reproduced, copied or commercially exploited without our permission.    

9. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

10. Notices

All notices given by you to us must be given to Gift2Help Limited at info@gift2help.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified herein. Notice will be deemed received and properly served immediately when posted on our website, 48 hours after an e-mail is sent, or 6 working days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

11. Transfer of rights and obligations

11.1 The contract between you and us is binding on you and us and on our respective successors and assigns.   

11.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.    

12. Events outside our control

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).  

12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:   (a) Strikes, lock-outs or other industrial action.   (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.   (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.   (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.   (e) Impossibility of the use of public or private telecommunications networks.   (f) The acts, decrees, legislation, regulations or restrictions of any government.

12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.    

13. Waiver

13.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.    

13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.   

13.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 9 above.    

14. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.    

15. Entire agreement

15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.  

15.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

15.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.    

16. Law and jurisdiction

Donations through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such donations (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Gift2Help Limited, 01 Nov 2009

b) TERMS OF WEBSITE USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.gift2help.com (“our site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use our site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

INFORMATION ABOUT US

www.gift2help.comis a site operated by Gift2Help Limited ("We").  We are registered in England and Wales under company number 06842563 and have our registered office at Sovereign House, 212-224 Shaftesbury Avenue, London WC2H 8HQ.  

We are a limited company.

ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with the provisions of our acceptable use policy.

You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.  

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright and other laws and treaties around the world.  All such rights are reserved. 

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.  

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics either separately from any accompanying text or at all. 

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. 

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. 

OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. 

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

• loss of income or revenue;

• loss of business;

• loss of profits or contracts;

• loss of anticipated savings;

• loss of data;

• loss of goodwill;

• wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy.  By using our site, you consent to such processing and you warrant that all data provided by you is accurate. 

TRANSACTIONS CONCLUDED THROUGH OUR SITE

Contracts for the supply of goods and/or services formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.

UPLOADING MATERIAL TO OUR SITE

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy.  You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.  

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. 

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

You must not establish a link from any website that is not owned by you. 

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

If you wish to make any use of material on our site other than that set out above, please address your request to info@gift2help.com.

LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.  

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

TRADE MARKS

“Gift2Help” is the trade mark of Gift2Help Limited

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

YOUR CONCERNS

If you have any concerns about material which appears on our site, please contact info@gift2help.com.

Thank you for visiting our site.

Gift2Help Limited, 01 Nov 2009