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.

We operate in a number of countries and these core terms of service apply in each. There are some country specific terms which also apply. Please click here for your relevant country specific terms of service in Australia or United Kingdom.

Here are the key points:

Online Giving - we run and maintain a website that processes donations 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 transaction fee of up to 5% on the donation. 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.
Your privacy is paramount to us. Our privacy policy shows you how we protect it.
If you create a JustGiving fundraising 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 to the site, especially pictures, is not copyright-protected.

That’s it. If you want the full, extended version, here it is:

JustGiving is a trading name of the local JustGiving entity as identified in the country specific terms of service. JustGiving operates www.justgiving.com (the "Website") and its associated services. These core terms of service (and the relevant country specific terms) (together the "Terms of Service") 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 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 has a contractual agreement with JustGiving authorising JustGiving to collect donations on its behalf. Member charities and organisations are accepted as members at JustGiving 's discretion, however we cannot accept responsibility for the activities of member charities. A charity must have the appropriate authorisation, permit or licence to operate as a charity, as required by the local laws of the territory in which it operates. Different charities can have similar names: it is your responsibility to check that you are donating to the organisation you intended.

Donations

Subject to the requirements of applicable local laws, once your donation is made, 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 JustGiving. Before a donation is refunded, the relevant charity must agree that JustGiving may, subject to local applicable laws, deduct the amount to be refunded from subsequent payments to be made by JustGiving to the charity. Where no further payments are due to be made to such charity within one (1) week of the refund being made to you, JustGiving reserves the right to invoice the charity for the amount of the refund and the charity must agree to settle that invoice within one (1) month of the date of the invoice.

Use of your donation

JustGiving does not warrant that your donations will be used for any particular purpose and shall not be 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 or for any misuse or non-use of such donations by the recipient organisation. After donations are made, all further dealings are solely between the donor and such recipient organisation. Please note that the recipient organisation reserves the right to use your donation for its general purposes. The recipient organisation will use your donation for any purpose in accordance with its own rules. JustGiving cannot guarantee that funds will be earmarked for a particular appeal. If you want your donation to be used for a specific purpose or for a particular appeal you should contact the charity and make your donation directly to them.

JustGiving fees

JustGiving charges a small transaction fee on every donation made on the Website or its associated services. The fee is currently up to 5% of the gross donation. Subscription fees also apply to member charities for additional services. For full details please visit www.justgiving.com/fees.

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 JustGiving 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 the telephone number set out on the Contact Us page.

Information

JustGiving 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 or not-for-profit. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.

Privacy

JustGiving'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.

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, racist, libellous, misleading or deceptive content, including photographs, on to the Website or its associated services. JustGiving 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, racist, libellous, misleading or deceptive. If you notice any such content, please email us at help@justgiving.com.
If you build a JustGiving fundraising page on JustGiving, you must ensure that any information you provide to the public is accurate and not misleading. 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. JustGiving 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 fundraising 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 JustGiving systems;
disclose any information relating to any donor except with the consent of the donor or as permitted by applicable local laws.

JustGiving 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 JustGiving'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. JustGiving 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

JustGiving 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, JustGivingLocal, 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 JustGiving's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit JustGiving. 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 JustGiving and the trade mark owner.

Copyright

All content on the Website and its associated services is owned by JustGiving, 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 JustGiving, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to help@justgiving.com.

Changes to the service

JustGiving 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 JustGiving 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

JustGiving does not, and nothing in these Terms of Service shall act to, exclude or limit JustGiving'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. JustGiving does not guarantee continuous uninterrupted or secure access to our services and operation of the Website and associated services may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms of Service and except for the rights, guarantees and remedies which cannot be excluded, JustGiving does not provide other conditions, guarantees, warranties or terms in relation to the Website or its associated services, to the extent permissible by law. JustGiving shall undertake general maintenance and upkeep of the Website, at the times set out in the applicable country specific terms, from time to time. During these periods, the Website and its associated services may not be available for use. In exceptional circumstances, the Website and associated services may also become unavailable at other times.

JustGiving shall only be liable under these Terms of Service for losses which are reasonably foreseeable and caused by JustGiving's breach of these Terms of Service or JustGiving's negligence. JustGiving's total liability to you arising under or in connection with these Terms of Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the donations you have made using the Website in the preceding 12 month period, ending on the date the circumstances giving rise to JustGiving's liability arose.

JustGiving's liability to you shall not include losses relating to any business of yours or your own losses such as lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, 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.

JustGiving 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.

Nothing in these Terms and Conditions excludes any statutory rights which may apply to your use of the Website and associated services which cannot be excluded, restricted or modified by contract.

Governing law

These Terms of Service and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by the law, and subject to the jurisdiction of the courts of, the country set out in the country specific terms.

Third party rights

A person who is not a party to these Terms of Service has no right to enforce any term of these Terms of Service.

Specific terms of service for Australia

These additional terms apply and will prevail where you access the Website or associated services in Australia.

The local JustGiving entity and the company who provides the service to you in Australia is JustGiving Australia Pty Limited, PO Box 726, Neutral Bay, NSW 2089, Australia. (ABN 34 161 644 328)

JustGiving fees - All payments referred to in these Terms of Service are exclusive of GST.

Disclaimer and Limitation of Liability

If you live in Australia, the Competition and Consumer Act 2010 (Cth) may confer rights, guarantees and remedies on you in relation to the provision by JustGiving of services on the Website, which cannot be excluded, restricted or modified. JustGiving does not exclude, restrict or modify those rights.

To the fullest extent permitted by law, JustGiving's liability for breach of any consumer guarantee, which cannot be excluded, is limited at the option of JustGiving to, in the case of services supplied or offered by JustGiving which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (i) the supply of the services again; or (ii) the payment of the cost of having services supplied again.

The times at which JustGiving shall undertake general maintenance and upkeep of the Website will be between 12.00am and 08.00 hours (GMT) at the weekends.

Governing law

These Terms of Service and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by the law of New South Wales, Australia and are subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Specific terms of service for the United Kingdom and all countries other than Australia (save where indicated otherwise).

These additional terms apply and will prevail where you access the Website or associated services in the United Kingdom or any other part of the world (other than Australia).

The local JustGiving entity and the company who provides the service to you is Giving.com Limited, whose registered office is at 1st Floor, 30 Eastbourne Terrace, London, W2 6LA (registration no. 3871904), United Kingdom.

Gift Aid (this section is applicable to UK Tax Payers only)

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, JustGiving reclaims Gift Aid on behalf of the charity under the UK government's Gift Aid scheme.

Every member charity or organisation featured on the Website has a contractual agreement with JustGiving authorising it to reclaim Gift Aid on its behalf. Charities must be registered with the Charity Commission or exempt from registration for JustGiving to reclaim Gift Aid on their behalf. JustGiving 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.

When a donation is eligible for Gift Aid reclaim, the fee JustGiving charges is up to 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 up to 5% fee applies to the donation alone.

Non member charities (applies to the UK only)

JustGiving also runs a "non member charity" service. This means JustGiving 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 JustGiving sends a donation to a non member charity, JustGiving will send the non member charity a cheque for the donation plus the Gift Aid, minus JustGiving 's standard 5% fee (see the "Gift Aid and JustGiving fees" section above). If the non member charity accepts the donation by cashing the cheque an agreement will be formed with JustGiving. If they do not accept the cheque they will not enter into any agreement with JustGiving and the donation will not be processed. It may take up to six months from when JustGiving passes 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 JustGiving earlier, JustGiving is unable to make payment or doesn'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 JustGiving will contact you so as to return the donation to you. If JustGiving is unable to contact you then JustGiving will select an appropriate alternative charity to pass the donation to.

JustTextGiving (applies to the UK only)

JustTextGiving is one of JustGiving's associated services. It is a text giving service that processes donations and JustGiving reclaims Gift Aid on behalf of the charities featured on it. JustGiving does not currently charge charities or donors for this service, although JustGiving reserves the right to charge the transaction fee in the future. If JustGiving does decide to charge for the service, JustGiving 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. 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. Because JustGiving pays 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 mobile operator will pass 100% of the text donation onto JustGiving. The minimum text donation is GBP £1 and all donations must be in whole pounds sterling. The maximum text donation allowed is GBP £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.

After you send a donation via text JustGiving will send you a text in response, confirming your donation and providing you with the opportunity to add Gift Aid to your donation. JustGiving will include a link to a Gift Aid page where you can provide your details to enable JustGiving to collect Gift Aid on your behalf. Alternatively, JustGiving may send you a text asking if you would like to add Gift Aid to your donation and to reply to this text giving your name, address and postcode. If you reply to JustGiving texts regarding Gift Aid your mobile operator will charge you one standard text message fee.

User conduct: you, as a user of the Website, must not provide a donor with any gift, prize or any other form of incentive in connection with the meaning of any donation by the donor.
JustGiving fees: All payments referred to in these Terms of Service are exclusive of Value Added Tax.
Disclaimer and Limitation of Liability: The times at which JustGiving shall undertake general maintenance and upkeep of the Website will be between 12.00am and 08.00 hours (GMT) at the weekends.
Governing law: These Terms of Service and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by English law and are subject to the non-exclusive jurisdiction of the English courts.