These terms of service (“Terms”) describe what Chatraise does for fundraisers and donors (“you”) and the charities you support, and apply to your use of our website www.chatraise.com and our Chatraise application (together, the “Website”).
Please read these Terms carefully. By registering with, viewing or donating through the Website you are agreeing to be legally bound by these Terms. If you do not wish to be bound by these Terms, please do not use or access the Website.
We may change or update these Terms from time to time by posting the new version on the Website. Our updated Terms will not apply to any pre-existing agreement to provide fundraising and/or donor services to you, but will apply to any fundraisers and donations that you register and make through the Website. Please therefore do access and check these Terms whenever you access or use the Website, as it is your responsibility to do so.
1. ABOUT US AND HOW TO CONTACT US
1.1. “Chatraise”, “us” or “we” are Chatraise Ltd, a company registered in England and Wales. Our company registration number is 09841985 and our registered office is at 20-22 Wenlock Road, London, England, N1 7GU.
1.2. If you have any questions about these Terms, the Website or our services please contact us at email@example.com.
2. USE OF OUR WEBSITE
2.1. The Website allows you to raise funds for and donate to any of the charities and organisations registered with us and listed on the Website (“Causes”).
2.2. You must be at least 18 years old in order to fundraise and/or donate using the Website.
3.1. Each Cause we list on the Website has a contractual agreement with us which authorises us to collect donations on its behalf and, where permissible, reclaim Gift Aid for it under the UK Government’s Gift Aid scheme.
3.2. Causes are accepted as our registered members and listed on our Website at our discretion.
4. USE OF YOUR DONATIONS
The Cause you donate to will use your donation at their discretion within their general objectives. We cannot guarantee that your donations will be used for any particular purpose by the recipient Cause and we are not responsible for any dissatisfaction you may have regarding the Cause’s use of any donation you may make or for any misuse or non-use of such donations by the recipient Cause.
5. PAYMENT PROCESS
5.1. We accept the forms of payment for donations that are stated on our Website during the online payment process.
5.2. Therefore, subject to the requirements of applicable laws, donations that you make are final and can only be refunded to you where the refund is permitted by law and with the agreement of the Cause to which they have been made. If a Cause agrees to a refund, the refund will first be paid to us, and we will refund your donation to you after deducting any third party payment processing fees incurred in relation to your donation and/or refund. If the third party payment processing fees exceed the amount of your donation then you will not receive a refund. Where practicable, refunds will be made using the same means of payment that you used to donate. For example, in the case of card payments refunds will be made to the original card that you used, unless there is a problem with your card (such as it having expired).
6. UK GIFT AID
6.1. When you donate to a Cause using the Website and tell us that you are a UK taxpayer in accordance with the requirements of the UK Government’s Gift Aid scheme (as they apply from time to time), we will reclaim Gift Aid on behalf of the Cause where permissible.
6.2. Each UK Cause has authorised us to reclaim Gift Aid for them under the UK Gift Aid scheme, where permissible.
6.3. Please note that Causes will only be eligible for UK Gift Aid where they are either UK charities registered with the UK Cause Commission or UK community amateur sports clubs registered with HMRC.
7. CHATRAISE FEES
7.1. For our Website services and the support we provide to Causes and their supporters, we charge Causes a small transaction fee on donations made using the Website. This fee is currently 5% of the gross donation. Donations are also subject to third party payment processing fees that Causes reimburse us for.
7.2. When a donation is eligible for Gift Aid being reclaimed, the fee we charge Causes 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.
8. YOUR CHATRAISE ACCOUNT
8.1 When you register with us and choose a password to protect your account, you are responsible for maintaining the confidentiality of your password.
8.2 If you become aware of any unauthorised use of your password, please immediately change your password and/or contact us for assistance.
8.3 We reserve the right to suspend or cancel your account and delete any Event Group (as defined in clause 10) that you have created without notice and without liability to you in the event of any breach of these Terms by you or those donating as a result of your Event (as defined in clause 10), including any breach of the User Conduct Rules (please see clause 12)
10. EVENT GROUPS
10.1. The creation of an event group on the Website (“Event Group”) in aid of a Cause in no way implies our or the Cause’s endorsement of the fundraising event that the Event Group is organising (“Event”). Many Causes disapprove of, and do not wish to be involved in dangerous sports, unusual challenges or events that may be viewed as unethical, offensive or otherwise objectionable. It is your responsibility to check with the Cause first that they approve your chosen Event and that your Event does not contravene the Cause’s policies. We reserve the right, at our sole discretion and without notice, to cancel your Event Group and suspend or terminate your Chatraise account and use of the Website in the event that we or the Cause consider your fundraising event inappropriate or unnecessarily dangerous.
10.2. We do not have control or involvement over the Events that are created on the Website. Accordingly neither we or Causes are responsible or liable for any loss, damage or harm that arises in relation to or in connection with any Event (or non-performance of it), or any dissatisfaction in respect of it and:
a) if you attend an Event, you do so at your own risk; and
b) if you create or organise an Event, you:
(i) shall ensure it is performed in a safe and appropriate manner and so that it accurately reflects how you have described it and promoted it on the Website;
(ii) between us and you, you are responsible and liable for all loss, damage or harm that arises in relation to or connection with any Event (or non-performance of it), or any dissatisfaction in respect of it; and
(iii) shall fully reimburse and compensate us to the extent permissible by law for all claims raised against us arising from or in connection with the performance or non-performance of the Event.
10.3. We may suspend or delete an Event Group if the relevant Cause is no longer receiving donations via our Website.
10.4. When you publish content and/or or information into an Event Group on the Website, it means that you are allowing everyone who is able to view that Event Group to access and use that information, and to associate it with you (e.g. your name and profile picture).
11. USER CONTENT
11.1. By submitting content and information to our Website (“User Content”) you warrant (i.e. confirm) to us that you have the right to submit that content (either because you own the User Content or you are licensed to publish the User Content to the Website), and you agree to fully reimburse us and our moderators from and against any loss, claim, demand, cost and expense arising from or in connection with your breach of this warranty.
11.2. As between you and us, you own the content and information that you submit to the Website but you grant us a non-exclusive, irrevocable, worldwide, transferrable, sub-licensable and royalty-free licence to use, store, copy, modify, edit, adapt, create derivative works from, distribute, publish, and process the User Content that you submit to the Website without any further consent, notice and/or compensation to you or others by us.
11.3. We do not actively edit User Content but we reserve the right to remove or edit any User Content posted on the Website at our sole discretion and without notice, including (but not limited to) where we consider that the User Content breaches our User Conduct Rules (see clause 12) or is otherwise inappropriate. If you notice any User Content that is inappropriate, please email us at firstname.lastname@example.org.
12. USER CONDUCT RULES
12.1. By accessing, using and/or contributing to the Website you agree not to:
a) use it or create any Events that in any way that breaches any applicable local, national or international law or regulation;
b) use it or create any Events that are in any way unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
c) use it or create any Events to harm or attempt to harm any person in any way;
d) post unauthorised commercial communications (such as spam) on the Website;
e) collect other users’ content or information, or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior written permission;
f) engage in unlawful multi-level marketing, such as a pyramid scheme, on or using the Website;
g) solicit login information or access an account belonging to someone else;
h) bully, intimidate, or harass any user;
i) post content or information that violates or infringes in any way upon the rights of others, including (but not limited to) content which is false, hateful, threatening, abusive, offensive, harassing, unlawful, defamatory, libellous, tortious, slanderous, invasive of privacy or publicity rights, vulgar, obscene, profane, or is racially, ethnically or is otherwise objectionable;
j) use the Website to do anything unlawful, fraudulent, misleading, malicious, or discriminatory;
k) do anything that could disable, overburden, or impair the proper working or appearance of the Website, such as a denial of service attack or interference with page rendering or other Website functionality;
l) facilitate or encourage any violations of this clause or our other terms and policies.
12.2. In these Terms, the term “post” includes any action to upload, post, publish, transmit or reproduce content or communications to the Website, including any action relating to chat functionalities.
12.3. When attending Events that have been organised using the Website you agree to conduct yourself in a manner that is safe and respectful of others and in accordance with any rules set by the owner or manager of the Event organiser, the relevant Cause and/or the venue(s) at which the Event takes place.
12.4. You shall ensure that your description of Events remains accurate and, if you are creating an Event, that you clearly communicate any health or safety issues in advance of, and at, the Event itself.
12.5. You may only use the Website for lawful and honest purposes and in accordance with these Terms. By using and accessing the Website you warrant (i.e. confirm) to us that:
a) you have the right, power and authority to accept these Terms;
b) you will comply with all applicable laws and regulations (whether local, national, and international);
c) any information or User Content you provide is truthful, honest, accurate and not misleading;
d) if creating an Event, you have obtained (and will maintain) all licences, approvals and consents required for performing the Event; and
e) you will act in good faith at all times and not bring Chatraise into disrepute.
13. OWNERSHIP OF THE WEBSITE AND TRADE MARKS
13.1. This Website and all intellectual property rights in it including any content which is not your User Content (including but not limited to text, photographs, graphics and software) are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and are free to use them as we see fit.
13.2. Trade marks: Chatraise and our Chatraise logos are our trademarks. Other trade marks and trade names are also used on this Website, in particular those belonging to Causes. Your use of any trade marks on the Website is strictly prohibited unless you have our prior written permission.
14. HYPERLINKS AND THIRD PARTY SITES
The Website may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. Your use of a third party site may be governed by the terms of that third party site.
15.1. We do not guarantee that our Website will be secure or free from bugs or viruses.
15.2. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
15.3. You must not misuse our Website or knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our Website via a denial-of-service attack or a distributed denial of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
16. DISCLAIMER AND LIMITATION OF LIABILITY
16.1. Nothing in these Terms excludes or limits our liability for: (i) death or personal injury arising from our negligence; (ii) fraud or fraudulent misrepresentation by us; or (iii) any other liability to the extent that it cannot be excluded or limited by English law.
16.2. You agree that your use of the Website is on an “as is” and “as available” basis and is at your sole risk. We do not guarantee continuous uninterrupted or secure access to our Website services and operation of the Website may be interfered with by factors outside of our control. On that basis, except as expressly set out in these Terms, we exclude any other conditions, guarantees, warranties or terms in relation to the Website to the extent permissible by applicable law.
16.3. The Website is for your personal use only. We are not liable for any: (i) loss of profits, sales, business, or revenue; (ii) loss or corruption of data; (iii) loss of software or the use of computer equipment; (iv) business interruption; (v) loss of anticipated savings; or (vi) loss of business opportunity, goodwill or reputation.
16.4. To the extent permissible by applicable law, neither of us are liable to the other for any indirect losses which happen as a side effect of the main loss or damage and which were not foreseeable by you and us when these Terms became binding. Losses are foreseeable where they could be contemplated by you and us at the time when these Terms became binding.
16.5. To the extent permissible by applicable law, we are not liable to you for any losses that are not caused by us or any breach on our part (for example, but not limited to, losses arising from an incident at an Event).
16.6. You shall reimburse and compensate us fully for all losses we may suffer arising out of or in connection with any claim relating to:
a) use of any User Content submitted by you which infringes the intellectual property rights of a third party; and
b) any negligence, wrongful act or omission, fraudulent behaviour or breach of these Terms or any law, regulation or licence by you.
16.7 Nothing in these Terms excludes any statutory rights which may apply to your use of the Website which cannot be excluded, restricted or modified by contract.
17. EVENTS OUTSIDE OUR REASONABLE CONTROL
We are not liable for any breach of these Terms or delay in performance of our services caused by any event or circumstance beyond our reasonable control including, but not limited to, incidents at Events, non-performance of Events, breakdown of systems or network access, strikes, lock-outs or other industrial disputes, or flood, fire, explosion or accident.
If you breach any part of these Terms and we take no action then this shall not amount to a waiver of our rights and we shall still be entitled to exercise our rights and remedies in any other situation where you breach these Terms.
19. THIRD PARTY RIGHTS
No person or entity other than you shall have any rights to enforce any of the terms of the Agreement against us.
These Terms are only available in English. No other languages will apply to the interpretation of these Terms.
20. APPLICABLE LAW
These Terms and the contractual relationship between us shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with them shall be subject to the exclusive jurisdiction of the English Courts.