JustGiving’s terms of service
Our terms of service describe what JustGiving does for you and the charities you are supporting, and what we kindly request of you as a user in return.
Here are the key points:
Online Giving - we run and maintain a website that processes donations and we reclaim Gift Aid on behalf of the charities featured on it. For this service, and the support we provide to them and their supporters, charities pay us a 5% fee on the donation plus Gift Aid. Because we promptly pay donations to charities, we regret that we can only refund a donation if the charity expressly requests it, and they can pay us back. Please get in touch with the charity first.
Text Giving - we also run and maintain a text giving service that processes donations and we reclaim Gift Aid on behalf of the charities featured on it. We do not currently charge charities or donors for this service but we may do so in the future. If we do decide to charge for the service we will tell you in advance. Text donations may be refunded in certain circumstances (such as where the donation was sent from your mobile phone by mistake or without your permission) at the absolute discretion of your mobile phone operator. Because we pay donations via text to charities regularly, we regret that we can only refund a text donation if the charity expressly requests it, and they can pay us back. Please get in touch with the charity first.
Your privacy is paramount to us. Our privacy policy shows you how we protect it.
If you create a JustGiving page or use any of our other services, please remember JustGiving is for everyone. We’ll remove offensive, obscene or racist content on the rare occasions when we find it – and we may terminate membership as a result. Please also make sure that the content you upload on the site and any information you send via text, especially pictures, is not copyright-protected.
That’s it. If you want the full, extended version, here it is:
Giving.com Limited, whose registered office is at 1st Floor, 30 Eastbourne Terrace, London, W2 6LA (registration no. 3871904) trading as JustGiving ("JG"), operates www.justgiving.com (the "Website") and its associated services (which includes the text giving service). These are the general Terms of Service which govern your use of the Website and its associated services. Please read these Terms of Service carefully. If you do not wish to be bound by these Terms of Service, you should not continue to send texts or use or access the Website or its associated services.
These Terms of Service may change or be updated from time to time. It remains your responsibility to access and check these Terms of Service wherever you access the Website. The latest version of these Terms of Service will govern any future usage by you of the Website and its associated services.
About the charities and organisations featured on the Website
The Website and its associated services allows you to donate to, and raise funds for, any of the charities and organisations listed on this Website. Every member charity or organisation featured (except "non member charities") has a contractual agreement with JG authorising JG to collect donations and reclaim Gift Aid on its behalf under the UK government's Gift Aid scheme. Member charities and organisations are accepted as members at JG's discretion. Charities must be registered with the Charity Commission or exempt from registration for JG to reclaim Gift Aid on their behalf. JG also features reputable not-for-profit organisations, which are not eligible for Gift Aid reclaim. These are clearly listed on the Website as not eligible for Gift Aid reclaim. Charities and not-for-profit organisations can have similar names: it is your responsibility to check that you are donating to the organisation you intended.
Non member charities
JG also runs a "non member charity" service. This means JG will also feature on our Website most of the charities registered with the Charity Commission for England and Wales, even if they are not one of our member charities. We have made arrangements to allow donations to be made to non member charities through the JustGiving Foundation, who will collect Gift Aid on their behalf. The JustGiving Foundation provides a purely administrative role in collecting donations and reclaiming Gift Aid on behalf of the non member charities.
When JG send a donation to a non member charity, JG will send the non member charity a cheque for the donation plus the Gift Aid, minus JG's standard 5% fee (see the "JG Fees" section). If the non member charity accepts the donation by cashing the cheque an agreement will be formed with us. If they do not accept the cheque they will not enter into any agreement with us and the donation will not be processed. It may take up to six months from when we pass your donation on to the charity to confirm that the donation will not be processed as cheques are valid for this period. If the non member charity sends the cheque back to us earlier, we are unable to make payment or don't feel it is appropriate to pass on a donation (for example, if a charity has been de-registered by the Charity Commission or has a sanction listed against them) then we will contact you so as to return the donation to you. If we are unable to contact you then we will select an appropriate alternative donation to pass the donation to.
Donations
Text donations may be refunded in certain circumstances (such as where the donation was sent from your mobile phone by mistake or without your permission) at the absolute discretion of your mobile phone operator. If you wish to request a refund you should contact your mobile phone operator to discuss this with them. There is no obligation for your mobile phone operator to provide a refund and they may choose to refund only part of the donation if they wish.
Once your text donation has been paid over by your mobile phone operator, or if your donation is made via the Website, it will only be refunded to you with the prior written consent of the charity to whom it has been made, regardless of whether or not the donation had been paid to the charity by JG. Before a donation is refunded, the relevant charity must agree that JG may deduct the amount to be refunded from subsequent payments to be made by JG to the charity. Where no further payments are due to be made to such charity within one week of the refund being made to you, JG reserves the right to invoice the charity for the amount of the refund and the charity must agree to settle that invoice within one month of the date of the invoice.
Use of your donation
JG is not responsible for any dissatisfaction you may have regarding the recipient organisation's use of any donation you may make through the Website or its associated services or websites powered by us. Please note that the recipient organisation reserves the right to use your donation for its general purposes. JG cannot guarantee that funds will be earmarked for a particular appeal, unless specifically stated by the recipient organisation itself.
JG fees
JG charges a small transaction fee on every donation made on the Website or its associated services except text donations. The fee is currently 5% of the gross donation, which is the donation plus any Gift Aid reclaimed. When a donation is not eligible for Gift Aid reclaim, the 5% fee applies to the donation alone. Subscription fees also apply to member charities for additional services. For full details please visit www.justgiving.com/charities.
In relation to the text giving service JG will not make this charge to charities or donors, although we reserve the right to charge the transaction fee in the future. If we do decide to charge for the service we will tell you in advance.
Text Giving Service Charges
Your mobile operator will pass 100% of the text donation onto JG. The minimum text donation is £1 and all donations must be in whole pounds sterling. The maximum text donation allowed is £10 for all mobile operators. Donations sent via text will usually incur your standard text message fee. Please refer to your tariff for details of your standard text message fee.
Fundraising Coach
We also run an application through the Website called Fundraising Coach ("FC"). FC makes it simpler to get in touch with all your friends and contacts by allowing you to link to your social media accounts and other communication tools, such as Gmail, Yahoo! Mail, Hotmail, Twitter and Facebook ("Your Accounts"). If you use FC it will take the details of your contacts (names, email addresses, Facebook profile ID's and tokens and Twitter profile ID's and tokens ("Contact's Details")) from Your Accounts and will store them in your FC contact lists. It will allow you to create template emails asking for donations which you can send to your contacts as part of a campaign for your fundraising event. FC will track the responses from your contacts and prompt you to send reminder emails or other electronic messages to contacts who do not respond. But don't worry, we won't bombard your contacts - FC will not prompt you to send more than three electronic messages to each contact asking for donations for your event. When your event is over FC will prompt you to make sure that all of your contacts know how the event went and thank all of those who donated. During the campaign, when we prompt you to send messages, if you fail to respond to us on more than two occasions we will stop contacting you and FC will cease to work on your fundraising campaign.
To use FC you will need to log in to Your Accounts and provide us with access to your Contact's Details. By logging in to Your Accounts you authorise us to access Your Accounts and copy, into your FC contact lists, the Contact's Details.
We will keep the information we take from Your Accounts confidential and secure and will only use it for the purpose of providing the FC service to you. You can stop us using this information by ending the campaign or removing individual contacts from the campaign at any time. To do this just log in to your own JustGiving page, access FC and de-select the individual from your FC contact lists.
By clicking to accept these Terms of Service you authorise us to create a campaign using FC, prompt you to send the emails and other electronic messages to your contacts, track their responses, prompt you to send reminder emails and other electronic messages and complete the campaign.
Whilst FC aims to help you to run a successful fundraising campaign we cannot guarantee that it will produce results. FC might make errors and although we work hard to make sure it works properly all the time we can't guarantee that it will. You should check that the campaign emails are sent to the right people, with the correct information in, at the intended time. You can do this by checking your sent items in Your Accounts as all the FC generated emails will be stored there. If you spot any problems with FC please contact us at help@justgiving.com.
Unauthorised card use
When a donation is made on the Website the transaction is final and not disputable unless unauthorised use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
Protecting your password
When you register with JG and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your password, we recommend that you change your password immediately or call our helpdesk on 0845 078 2063 (local rate).
Gift Aid information
When you donate to a charity on the Website or its associated services and confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme as they apply from time to time, JG reclaims Gift Aid on behalf of the charity under the Gift Aid scheme. JG is not an accounting, taxation or financial advisor, and you should not rely on information given on the Website or its associated services to determine the accounting, tax or financial consequences of making a donation to charity. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.
In relation to the text giving service, after you send a donation via text we will send you a text in response, confirming your donation and providing you with the opportunity to add gift aid to your donation. We will include a link to a gift aid page where you can provide your details to enable us to collect gift aid on your behalf. We may send you a text asking if you would like to add gift aid to your donation and to reply to our text giving your name, address and postcode. If you reply to our texts regarding gift aid your mobile operator will charge you one standard text message fee.
Privacy
JG's Privacy Policy forms part of these Terms of Service. By agreeing to these Terms of Service you also give your consent to the way we may handle your personal information under that Policy. Read our Privacy Policy here.
User conduct
You must at all times use the Website and its associated services in a responsible and legal manner. In particular, but not exclusively:
- You must not upload offensive, obscene or racist content, including photographs, on to the Website or its associated services. JG does not actively edit the Website but reserves the right to remove or edit any content posted on the Website or its associated services at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene or racist. If you notice any such content, please email us at help@justgiving.com.
- If you build a JustGiving page on JG, it is your responsibility to ensure that the content you are uploading on your page, in particular the photograph, is not copyright-protected. If it is, you must obtain the copyright owner's written consent to use it. JG reserves the right to remove any pictures, photographs or copy from personal fundraising pages, at its sole discretion and without notice if their copyright status is in any doubt. If you suspect a breach of copyright on the Website, please email us at help@justgiving.com.
- Other than in relation to your own JustGiving page, you may not remove or change anything on the Website.
In addition, you as a user must not:
- misrepresent your identity or affiliation with any other person or organisation;
- use the website to send junk email or 'spam' to people who do not wish to receive email from you;
- use the Website to conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
- interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the JG systems;
- provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by the donor.
JG reserves the right to cancel your membership and delete any JustGiving page without notice in the event of a breach of the above rules.
Building a JustGiving page in aid of a charity in no way implies JG's or the charity's endorsement of your fundraising activity. Many charities disapprove of, and do not wish to be involved in, dangerous sports or unusual challenges. It is your responsibility to check with the charity first that your chosen activity does not contravene the charity's policies. JG reserves the right, at its absolute discretion and without notice, to cancel your personal fundraising page at the request of the charity, in the event that the charity, in its absolute discretion, deems your fundraising activity inappropriate or unnecessarily dangerous.
Links
The Website and its associated services contains links to the websites of member charities and other organisations, whether charities or otherwise. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any transactions with other organisations through their websites or otherwise are your own responsibility.
Partner Services
JG may from time to time select partners offering relevant information and services that we believe will enhance our provision for visitors to the Website. Whilst we will do our best to select partners of the highest integrity, we are not responsible for any aspect of the information or services offered by them, and if you choose to use their services you do so at your own risk.
Trademarks
The names JustGiving, Justgiving.com, Justevents, Justgifts, Fundraising Coach, the JustGiving logo and any other product and service names that we may present on the Website or its associated services from time to time may not be used in connection with any product or service that is not JG's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit JG. Other trademarks, service marks or logos that appear on the Website or its associated services, in particular (but not exclusively) those of member charities, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both JG and the trade mark owner.
Copyright
All content on the Website and its associated services is owned by JG, our member charities, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trade mark or other proprietary notice. No other use of the Website's and its associated services' content is permitted without the express prior permission of JG, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to help@justgiving.com.
Changes to the service
JG will make every effort to ensure that the Website and other services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms of Service.
Failure to comply with these Terms of Service
In the event that you commit a breach of these Terms of Service JG reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services.
Termination
You may discontinue use of the Website and associated services at any time. These Terms of Service will continue to apply to past use by you.
Disclaimer and Limitation of Liability
JG does not, and nothing in these Terms of Service shall act to, exclude or limit JG's liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. You agree that your use of the Website and its associated services is on an "as is" and "as available" basis and that your use of the Website and its associated services is at your sole risk. JG does not guarantee continuous uninterrupted or secure access to our services and operation of the Website may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms of Service, JG does not provide conditions, warranties or other terms in relation to the Website or its associated services, to the extent permissible by law. JG shall undertake general maintenance and upkeep of the Website between 03:00 - 07:00 hours at the weekends from time to time. During these periods, the Website and its associated services may not be available for use.
Subject to exceptions listed above, in no event shall JG be liable (whether for breach of contract, negligence or for any other reason) for any loss or damage which you may claim to have suffered by reason of your accessing and use of the Website or its associated services, including (but not limited to) loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.
JG may change the format and content of the Website and its associated services from time to time. You should refresh your browser each time you visit the Website to ensure that you download the most up to date version of the Website, including the latest version of these Terms of Service.
Governing law
These Terms of Service are governed by English law and are subject to the exclusive jurisdiction of the English courts.
Third party rights
A person who is not a party to these Terms of Service has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Service.