JustGiving's Terms of Service
Our terms of service describe what JustGiving does for you and the charities and other good causes you support, 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. Relevant country specific terms of service in Australia, United Kingdom or United States.
Here are the key points:
- Online Giving - we run and maintain a website that processes donations on behalf of the charities and other good causes featured on it. For this service, and the support we provide to them and their supporters, charities and other good causes pay us a transaction fee of up to 5% on the donation. Because we promptly pay donations to charities and other good causes, we regret that we can only refund a donation in exceptional circumstances, as described below.
- User Conduct - 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 to the site, especially pictures and videos, does not infringe another person’s copyright.
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. The date on which these Terms of Service were last updated is stated at the end of this document.
About the charities, good causes and organisations featured on the Website
The Website and its associated services allows you to donate to, and raise funds for, any of the causes listed on the Website ("Causes") which could include charities, certain non-charitable good causes referred to on the Website as JustGiving Crowdfunding ("JustGiving Crowdfunding") and other listed organisations. Every Cause featured has a contractual agreement with JustGiving authorising JustGiving to collect donations on its behalf. Causes are listed on this Website at JustGiving's discretion, however we cannot accept responsibility for the activities of the Causes. 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. You should note that JustGiving Crowdfunding pages are not intended to raise money for charities, so you should read the description of them carefully and be happy that they are genuine and suitable to receive your donation. Different charities, terms used on JustGiving Crowdfunding pages and other organisations can have similar names: it is your responsibility to check that you are donating to the Cause you intended.
Subject to the requirements of applicable local laws, and what we say below in relation to JustGiving Crowdfunding, once your donation is made, it will only be refunded to you with the prior written consent of the Cause to whom it has been made, regardless of whether or not the donation had been paid to the Cause by JustGiving. You should therefore get in touch with the charity or other good cause first. Before a donation is refunded, the relevant Cause 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 Cause. Where no further payments are due to be made to such Cause within one (1) week of the refund being made to you, JustGiving reserves the right to invoice the Cause for the amount of the refund and the Cause must agree to settle that invoice within one (1) month of the date of the invoice.
In relation to JustGiving Crowdfunding, JustGiving will charge your donation to your payment card account (or other payment method available on the Website) at the time of donating. For donations made to JustGiving Crowdfunding no refunds will be provided, subject to applicable local laws. If you do not agree to this you should not use the Website to make donations to JustGiving Crowdfunding pages. Occasionally, the person who created the page you have donated to does not pass identity verification or other necessary checks, or there is some other reason that we can’t transfer the funds to them. If this happens to a page you have donated to, we’ll email you to let you know that your donation will be sent to another Cause instead, subject to the deduction of our usual transaction and payment processing fees (as described below). We appreciate that you may prefer to get your money back, so if you request a refund within seven (7) days of receiving this email, we will refund your donation to your payment method (normally within a few working days).
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 Cause'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 Cause. After donations are made, all further dealings are solely between the donor and such recipient. Please note that for donations to JustGiving Crowdfunding pages, you may receive updates from the page creator to let you know more about their cause. If you would like to stop receiving these emails, you will be able to select this option in the email footer.
Please note that recipient organisations (excluding JustGiving Crowdfunding page creators) reserve the right to use your donation for their general purposes. They will use your donation for any purpose in accordance with their 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 organisation and make your donation directly to them.
JustGiving (or any payments platform we work with) will verify the identity of a JustGiving Crowdfunding page creator and undertake any other necessary checks before any funds raised are transferred to the page creator. JustGiving shall have no liability to donors whatsoever for any use or misuse of donations made to the JustGiving Crowdfunding page. The JustGiving Crowdfunding page may state that they will use donations only for specific purposes, but JustGiving cannot guarantee that they will use it for such purpose. If you have any doubts as to how the money will be spent then you should contact the JustGiving Crowdfunding page owner directly to seek reassurance. It is your sole responsibility, as a user of the Website, to ensure that the cause stated to be supported on a relevant JustGiving Crowdfunding page is one that you wish to support.
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 (depending on any commercial arrangements that JustGiving may have with a member charity). Donations are also subject to third party payment processing fees. Subscription fees also apply to member charities in the UK for additional services. For full details please visit www.justgiving.com/charities.
When you make a donation the transaction is final and not disputable unless unauthorised use of your payment card or other payment method 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. Similarly, if you experience any issues of this nature when using another payment method, such as PayPal, you should contact the provider of that payment method for assistance.
JustGiving will never email or phone you and ask you to provide all of your payment details.
Protecting your account
When you register with JustGiving and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password to prevent others gaining access to your personal information. This includes any taxpayer details you may have saved under your profile in order to claim Gift Aid. Claiming Gift Aid using someone else’s taxpayer information is against the law. If you become aware of any unauthorised use of your account, we recommend that you change your password immediately and call our helpdesk on the telephone number set out on the Contact Us page.
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 a Cause. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.
You must at all times use the Website and its associated services in a responsible and legal manner and ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party. In particular, but not exclusively:
- You must not upload offensive, obscene, racist, defamatory, 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, defamatory, misleading, deceptive or otherwise inappropriate. If you notice any such content, please email us at firstname.lastname@example.org.
- If you build a 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 (“Content”), in particular the picture(s), photograph(s) and any video(s) is your original work and/or you have the right and/or licence necessary to upload it and it is not copyright-protected. If it is copyright-protected, you must obtain the copyright owner's written consent to use it. JustGiving reserves the right to remove any pictures, photographs, videos or copy from personal fundraising or JustGiving Crowdfunding 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 email@example.com. Please note that by submitting and posting Content to the Website, you grant to JustGiving a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, modify, reproduce, publish, broadcast, display and distribute the Content in any format, using any medium, for the purpose of promoting JustGiving or a Cause, or for any other purpose that we deem appropriate.
- Other than in relation to your own JustGiving fundraising page or JustGiving Crowdfunding 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, pyramid schemes or chain letters;
- use the Website to conduct, display or forward raffles, lotteries or contests, unless you have obtained any necessary licence or permission and you comply with all applicable laws;
- 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; or
- 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. JustGiving may also suspend or delete a JustGiving page if the relevant charity is no longer receiving donations via JustGiving.
Building a JustGiving page in aid of a Cause in no way implies JustGiving's or the Cause's endorsement of your fundraising activity. Many Causes disapprove of, and do not wish to be involved in, dangerous sports or unusual challenges. It is your responsibility to check with the Cause first that your chosen activity does not contravene the Cause's policies. JustGiving reserves the right, at its absolute discretion and without notice, to cancel your personal fundraising page at the request of the Cause, in the event that the Cause, in its absolute discretion, deems your fundraising activity inappropriate or unnecessarily dangerous.
The Website and its associated services contains links to other websites, including the websites of Causes. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any transactions with other people or organisations through their websites or otherwise are your own responsibility.
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.
The names JustGiving, JustGiving Crowdfunding and Justgiving.com, 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, JustGiving Crowdfunding pages or other organisations, 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.
All content on the Website and its associated services is owned by JustGiving, our member charities, JustGiving Crowdfunding page creators 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, and that your usage complies with any requests you may receive from any person with rights in that content. 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.
By visiting or using the Website or any of its associated services, you agree not to (and not to use any tool, program, script, browser extension or other technique, including bots, robots, spiders and scrapers and any similar tools or methods, in order to): (i) copy (except as authorised by these Terms of Service), mirror, frame, index, scrape, mine or otherwise gather or extract any of the content or data from the Website or its associated services; or (ii) sell or distribute any data which is gathered or extracted in breach of these terms, or which is based on or derived from any such data. JustGiving may take any measures it sees fit to block access to the Website and its associated services where it believes that these terms have been or will be breached. You agree that you will not take any steps to try to circumvent these measures and that you will not take any steps to mask your IP address. You acknowledge and agree that where there is any actual or threatened breach of these terms, damages may be an inadequate remedy and JustGiving shall be entitled, without prejudice to any other rights and remedies it may have, to seek an injunction or any other equitable relief for such breach. JustGiving may also request that you destroy any data you have gathered or extracted in breach of these terms and you agree that you will comply with such request promptly and certify the same.
Inquiries and permission requests may be sent to firstname.lastname@example.org.
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. JustGiving reserves its right to remove inactive fundraising or crowdfunding pages from the Website and other services.
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.
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, usually 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.
If found liable, 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.
Any liability JustGiving may have 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 are looking at the most up to date version of the Website, including the latest version of these Terms of Service.
Nothing in these Terms of Service 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.
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 THE UNITED KINGDOM AND ALL COUNTRIES OTHER THAN AUSTRALIA AND THE UNITED STATES (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 and the United States).
The local JustGiving entity and the company who provides the service to you is Giving.com Limited (registration no. 3871904), whose registered office is at 2nd Floor, Blue Fin Building, 110 Southwark Street, London, SE1 0TA, United Kingdom. Giving.com Limited has registered a representative office in Hong Kong (with business registration no. 55189291-000 and the address 18/F, Edinburgh Tower, The Landmark, 15 Queen’s Road Central, Hong Kong).
Gift Aid and tax (this section is applicable to UK Tax Payers only)
When you donate to a charity and certain Community Amateur Sports Clubs ("CASCs") 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 or CASC under the UK government's Gift Aid scheme.
Every charity or CASC that is a member of JustGiving has a contractual agreement with JustGiving authorising it to reclaim Gift Aid on its behalf. Charities and CASCs must be registered with the Charity Commission or exempt from registration for JustGiving to reclaim Gift Aid on their behalf. JustGiving also features certain not-for-profit and other organisations, which are not eligible for Gift Aid reclaim. Such organisations are clearly listed on the Website as not eligible for Gift Aid reclaim. In addition, donations to JustGiving Crowdfunding pages, including those that have a charitable purpose, are not eligible for Gift Aid. Donations to any of these Causes are not tax deductible.
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 may 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 that falls under (i) above, 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 tax 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 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 made 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 message 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 message asking if you would like to add Gift Aid to your donation and to reply to this text message giving your name, address and postcode. For each reply you send to JustGiving text messages 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 making of any donation by the donor, unless you have obtained any necessary licence or permission, you comply with all applicable laws, and your fundraising page makes clear to donors that they cannot claim Gift Aid on their donation as it is in return for something.
JustGiving fees - All payments referred to in these Terms of Service are exclusive of Value Added Tax, where applicable.
Disclaimer and Limitation of Liability - The times at which JustGiving shall undertake general maintenance and upkeep of the Website will usually 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.
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, C/- BDO (BEG), Level 11, 1 Margaret Street, SYDNEY NSW 2000, Australia.
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 the services supplied again.
The times at which JustGiving shall undertake general maintenance and upkeep of the Website will usually 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 STATES
These additional terms apply and will prevail where you access the Website or associated services in the United States, or you are donating to a campaign that benefits a U.S. 501(c)(3) tax-exempt charity.
The local JustGiving entity and the company who provides the service to you in the United States is JG US, Inc., a Delaware corporation whose principal place of business is We Work Grand Central, 450 Lexington Avenue, New York NY 10017.
In fundraising campaigns for certain Causes on the JustGiving website, donations are made through JustGive, Inc., a U.S. 501(c)(3) tax-exempt organization that operates a donor-advised fund to process donations and make grants to other U.S. 501(c)(3) tax-exempt public charities pursuant to donor advisements. When you make a donation to support these Causes, you are making a complete and final charitable donation to JustGive, Inc., with a recommendation that the funds be re-granted to the Cause specified on the campaign page, and you will receive a donation receipt from JustGive for your donor-advised contribution. It is JustGive’s normal practice to regrant approximately 92% of the donation per advisement to any qualifying Cause, and to retain 5% for platform costs and JustGive’s expenses, plus credit card processing costs. JustGive makes payments to Causes about 15 days after the end of each month. JustGive makes every effort to comply with donor recommendations and to re-grant the funds to the donor’s designated Cause. However, to comply with federal tax laws and regulations, JustGive is required to retain legal control over any charitable contribution it receives. In rare instances, JustGive may determine that it would be inappropriate or improper to disburse the funds designated for a Cause because, for example, the Cause is no longer recognized as a public charity, or is no longer in good standing with state or federal regulations, in which case, JustGive may, in its sole discretion, disburse the donation to another charity (as determined by JustGive).
No Solicitation or Endorsement
The listing or display of a Cause on the Website does not constitute a solicitation of donations; JustGiving does not engage in any solicitation activities on behalf of, or endorse, any of the Causes appearing on the Website, nor does it consult on the solicitation of contributions, on behalf of any individual, entity, or organization.
Unless otherwise specifically indicated, JustGiving does not endorse and has no affiliation with any of the Causes. In regard to any information or content that may be included to describe the Cause, JustGiving has not independently verified any of the information or content provided, and the sole and complete responsibility to assess, review and verify the suitability of any Cause you want to support through your donation rests entirely with you.
Intellectual Property Complaints
JustGiving respects the intellectual property rights of others and requires those that visit the Website do the same. If you believe that your work has been used on the Platform in any manner that constitutes infringement, please notify us at email@example.com. The notice should include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the work you claim has been infringed, including a copy of the work or the web page address where the work may be found;
- Identification of the location on the Website of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the owner, the agent of the owner or the law; and
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the owner of the material allegedly infringed or authorized to act on the owner’s behalf.
Limitation on Damages
WITHOUT PREJUDICE TO THE GENERAL LIMITATIONS ABOVE, UNDER NO CIRCUMSTANCES SHALL JUSTGIVING (AND ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AND AGENTS) BE LIABLE FOR (i) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY OF THE SERVICES, OR (ii) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY JUSTGIVING OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE WEBSITE, OR (iii) ANY ACTION TAKEN IN CONNECTION WITH, OR RELATED TO, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, OR (IV) DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER ACTION. BY USING AND ACCESSING THE WEBSITE, YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.
No Class Action
YOU AND JUSTGIVING AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR JUSTGIVING WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR JUSTGIVING ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND JUSTGIVING FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, JUSTGIVING, AND ALL PARTIES TO ANY SUCH PROCEEDING.
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, and shall be construed in accordance with, the laws of the State of New York, without giving effect to its conflicts of laws provisions.
ADDITIONAL TERMS FOR JUSTGIVING CROWDFUNDING PAGE CREATORS
If you create a JustGiving Crowdfunding page on the Website the following additional terms will apply to your dealings with JustGiving in relation to the relevant JustGiving Crowdfunding page and your use of the Website and associated services. To the extent there is any conflict between these additional terms and the core Terms of Service, these additional terms will prevail.
Donations and bank Trust Funds Accounts
- Maintain Trust Funds Accounts at Barclays Bank PLC in London in relation to donations made to JustGiving Crowdfunding page (excluding JustGiving Crowdfunding page creators based in the U.S., who must connect their JustGiving Crowdfunding Page through a verified PayPal account).
- These are bank accounts in which monies (other than the interest accruing on such monies) are held on trust for JustGiving Crowdfunding page creators and other Causes and do not belong to JustGiving;
- Operate the Website so that donors can make online donations by credit or debit card, or by another payment method available on the Website, through your JustGiving Crowdfunding page;
- Set up arrangements to ensure that all donations received by JustGiving (after deduction of payment processing charges, JustGiving's transaction fees as set out below and applicable sales taxes) are:
- Paid into the Trust Funds Accounts and are held on trust for your JustGiving Crowdfunding; and
- Paid out from the Trust Funds Accounts by bank transfer to your bank account, or by any other payment method that you have selected via the Website (for example, payment to a PayPal account that you have connected to your JustGiving Crowdfunding page. Please note that all crowdfunders based in the USA will need to connect their JustGiving Crowdfunding Page to a PayPal account). Such payments will normally be made no later than 10 business days after the end of the funding period for the JustGiving Crowdfunding page, provided that you have passed identity verification and other necessary checks. If you do not pass these checks by the end of the funding period, JustGiving will normally notify you of this and give you a further period of time (usually five (5) months) to pass the checks. Towards the end of this period, you will receive a final reminder by email letting you know that you have seven (7) days left to pass. If you take no action or still do not pass by the end of these 7 days, JustGiving shall apply the donations made to your JustGiving Crowdfunding page to another Cause instead (or refund the donors if they prefer); and
- Provide information systems design, testing and verification standards and requirements in accordance with good industry practice to ensure that donors' credit cards, debit cards and other payment types are debited and the Trust Funds Account is credited in a secure manner.
Support and Donation Acknowledgements
- Send prompt email acknowledgements to donors in respect of each donation made to the JustGiving Crowdfunding page via the Website; and
- Respond, either by email or live chat as appropriate, on your behalf to donors' account enquiries received by JustGiving, in accordance with the Contact Us page on the Website.
- Capture personal information including but not limited to the donor's name, title, address and email address ("Personal Information") at all times in accordance with the Data Protection Act 1998 and related legislation, regulatory requirements and guidance as updated and amended from time to time, all to the extent applicable ("Privacy Laws") and protect and secure such information. For the avoidance of doubt this paragraph does not imply that JustGiving will share such information with you and/or the JustGiving Crowdfunding page;
- Not sell, trade or rent Personal Information to third parties.
- JustGiving will comply at all times with all applicable laws relevant to fund-raising and any authority, licence, permit or registration requirements, as amended from time to time; and
- JustGiving may, at its sole discretion, evaluate your JustGiving Crowdfunding page and/or the underlying project or cause and decide whether or not to host it on the Website.
JustGiving, as operator of the Website and associated services, acts as an intermediary between you and the individual users of the Website and associated services and, whilst your and/or the JustGiving Crowdfunding page and the individual user information resides on the Website or associated services, JustGiving does not check or exercise any editorial control over the content of such information, save as required by applicable laws. In the event that JustGiving is made aware of or has knowledge of any unlawful activity or information on the Website or associated services, JustGiving shall act to remove or disable access to the information. JustGiving shall not be liable to you or the JustGiving Crowdfunding page as a result of its role as intermediary.
JustGiving Crowdfunding creator obligations
You agree that:
- Where applicable, you shall ensure that any person or organisation for which you have created a JustGiving Crowdfunding page agrees to you raising funding on its behalf for the purposes set out on your JustGiving Crowdfunding page;
- You shall maintain any necessary authority, permit, licence, consent, approval and registration for you to fundraise (and, where applicable, for JustGiving to fundraise on your behalf) in accordance with applicable laws and if JustGiving needs any such authority, permit, licence, consent, approval or registration for it to fundraise on behalf of the JustGiving Crowdfunding page then you will, at no cost to JustGiving, provide all such assistance as JustGiving reasonably requires to assist JustGiving with the same. You agree that you shall inform JustGiving immediately if, for any reason, you and/or the JustGiving Crowdfunding page cease(s) to maintain the necessary authority, permit, licence, consent, approval and/or registration to operate the fundraising activities in relation to the JustGiving Crowdfunding page in accordance with applicable local laws.
- By building a JustGiving Crowdfunding page you represent, warrant and undertake to JustGiving and the users of the Website that:
- each time you use the Website or associated services, and in particular when you create a JustGiving Crowdfunding page, you will comply with JustGiving’s guidelines that apply to JustGiving Crowdfunding pages at that time (currently available here);
- you will provide feedback via your JustGiving Crowdfunding page on the Website, including at the end of the fundraising period to explain what outcome has been or will be achieved as a result (including how any funds raised in excess of your target will be used); all donations provided to the JustGiving Crowdfunding page will be used for the purposes set out on your JustGiving Crowdfunding page; and
- no fraudulent, criminal or otherwise improper uses will be made of donations made via your JustGiving Crowdfunding page.
JustGiving Crowdfunding is not directed to anyone under 13 years of age. If you are under 13, you are not authorised to use JustGiving Crowdfunding. If you are between 13 and the age of majority in the country where you live (usually 18 years of age), then you may only set up a JustGiving Crowdfunding page if you have your parent’s or guardian’s approval. Please therefore make sure that your parent or guardian is happy before you set up a page and that they understand that you will be responsible for using the funds in accordance with these Terms of Service.
Licence of Trademark and Copyrighted Material
You hereby grant to JustGiving, its affiliates and its partners a non exclusive licence to use any of your JustGiving Crowdfunding page's trademarks and any copyrighted material on your page (including images and videos or any link to the same) solely in connection with the Website and associated services and its operation and promotion and for no other purpose whatsoever.
The licence shall terminate automatically on expiry or termination of these Terms of Service or the removal of your JustGiving Crowdfunding page from the Website in accordance with these Terms of Service.
In consideration of using the Website and associated services, you shall pay a transaction fee to JustGiving of 5% of the gross amount of every donation.
JustGiving is, subject to applicable laws, hereby authorised to deduct the transaction fee together with applicable taxes and payment processing charges from the donations provided to you under these Terms of Service.
Disclaimer and Limitation of Liability
Notwithstanding the provisions of the "Disclaimer and Limitation of Liability" section of the core Terms of Service, JustGiving's total liability to you arising under or in connection with these Terms of Service, so far as such liability arises out of or relates to your creation and/or use of a JustGiving Crowdfunding page, shall be limited to the total fees paid by you to JustGiving under these Terms of Service for your use of the Website and associated services during the preceding 12 month period ending on the date the circumstances giving rise to the liability arose.
During the funding period of your JustGiving Crowdfunding page and for a period of seven (7) years thereafter, the parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of the Website and associated services and which is not in the public domain. No party shall use or disclose to any third party such information belonging to the other party without that party's prior written consent, except where required to do so by applicable law, including, without limitation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, or regulatory or governmental body. This paragraph shall survive termination 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, including for example by removing any JustGiving Crowdfunding page from the Website. JustGiving will only exercise this right where there is a breach or suspected breach by you of these Terms of Service (including where there is any actual or suspected fraudulent, criminal or improper use of the Website or associated services) or where JustGiving has any other legitimate reason to do so. These Terms of Service shall terminate automatically upon the removal by you or JustGiving of your JustGiving Crowdfunding page from the Website. These Terms of Service will continue to apply to past use by you.
Upon termination or suspension or denial of access to the Website and associated services, funds already received on your behalf by JustGiving will be handled in accordance with the provisions above, provided that any potential payment (where applicable) may be delayed where JustGiving conducts an investigation regarding your use of the Website and associated services and JustGiving may decide to refuse to pay funds across to you where you have breached these Terms of Service or your JustGiving Crowdfunding page has been removed. In such circumstances JustGiving may authorise a refund of donations to donors.
Last updated: 16 August 2017