MyDonate terms of service for donors and fundraisers
Our terms of service describe the service that MyDonate provides for you and the charities you are supporting and your rights and obligations as a donor and a fundraiser when you use this service. If you are using any other service provided by MyDonate for example the MyDonate API, you will also be subject to the additional terms for that service. The MyDonate service is run by British Telecommunications plc registered office 81 Newgate Street London EC1A 7AJ (Company Number 1800000) (“BT”).
1) About the charities and organisations featured on the MyDonate website
The MyDonate website allows you to donate to, and raise funds for, any of the charities and organisations listed on the website. All of the charities or organisations featured have a contractual agreement with BT authorising us to collect donations. We also have a contractual relationship with many of the charities to reclaim Gift Aid on their behalf under the UK government's Gift Aid scheme. Charities and organisations are accepted as members at BT's discretion. Charities must be registered with the Charity Commission for England and Wales, the Office of the Scottish Charity Regulator, or HMRC for charities in Northern Ireland and any other charitable organisation recognised as such by HMRC, but not currently required to formally register with either of the regulatory bodies named above. BT also features reputable organisations which are not eligible for Gift Aid reclaim. These are clearly stated 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.
The charity is responsible for the relationship with you, and MyDonate and BT accept no responsibility for the relationship. You may become a “commercial participator” and legally obliged under charity law to enter into a written agreement with the charity you are donating to or raising funds for. A 'commercial participator' is defined as 'someone who carries on for gain a business [and] in the course of that business engages in any promotional venture in the course of which it is represented that charitable contributions are to be given or applied for the benefit of any charitable institution(s)'You can find out more about this by going to http://www.institute-of-fundraising.org.uk/code-of-fundraising-practice/legal-appendices/l90-commercial-participators/
2) Registering to use the service and protecting your password
If you wish to become a regular donor you may choose to register your details for your future convenience. If you are a fundraiser you will have to register details on our website. During registration you will be asked to 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 contact the helpdesk as detailed on the website. If you are a donor you may use the website without registering, but we will have to take some personal details in order for payment to be verified and for the purposes of claiming Gift Aid where appropriate for your donation.
3) Use of your donation
BT is not responsible for any dissatisfaction you may have regarding the recipient organisation's use of any donation you may make through the MyDonate website. Please note that unless you have restricted your donation to be used for a particular purpose or appeal, the recipient organisation reserves the right to use your donation for its general purposes. BT cannot guarantee that funds will be earmarked for a particular appeal, unless specifically stated by the recipient organisation itself.
4) MyDonate fees
Neither the Charities listed on the website, nor MyDonate charge any fees for using this service. The only charge for the service will be that levied by the card schemes.
5) How to pay
Donations can be paid for using a valid credit or debit card only using the MyDonate website. Details of any donation will be displayed to you on the MyDonate website before it is processed. All donations will be taken in pounds sterling only. You may correct any errors by following the instructions given on the screen. Once you confirm that you wish to proceed with the donation we will process the transaction by requesting funds from your credit or debit card provider. When they approve the donation we will ensure the funds are allocated to the relevant charity. Donations are not refundable.
6) Unauthorised card use
When a donation is made on the MyDonate 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.
7) Gift Aid information
When you donate to a charity on the MyDonate website 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, BT reclaims Gift Aid on behalf of the charity under the Gift Aid scheme. BT is not an accounting, taxation or financial advisor, and you should not rely on information given on the website 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.
8) Use of your personal information
The internet sites of the charities you support on the MyDonate website will be subject to their own privacy policies, and BT accepts no responsibility or liability for these sites.
9) Use of the MyDonate website
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. BT does not actively edit the website but reserves the right to remove or edit any content posted on the website 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 contact the MyDonate team.
- If you build a fundraising page on BT, 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. You must not infringe any copyright, database right or trademark of any other person. BT 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 MyDonate website please contact a member of the MyDonate team.
- Other than in relation to your own 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, pyramid schemes or chain letters;
- use the website to advertise or otherwise solicit for funds and ensure there is not a solicitation for goods or services, except for encouraging other users of the website to make donations via MyDonate, or to conduct or advertise any on line auctions;
- 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 BT systems.
BT reserves the right to cancel your membership and delete any MyDonate fundraising page without notice in the event of a breach of the above rules.
Building a fundraising page in aid of a charity in no way implies BT'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. BT 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.
Where you choose to pay an event fee though MyDonate, the charity that runs the event will set the rules of the event and arrange your event entry once it has received payment. Your contract for the event entry will be with the charity. For the avoidance of doubt, MyDonate and BT are in no way responsible for the event, this is the sole responsibility of the charity and you.
If we are made aware of, or given reason to suspect that you are using the service for illegal or fraudulent purposes, we reserve the right to remove your details from the MyDonate site without notice pending further investigation.
Participation in any competition, raffle, lottery or prize draw promoted on the MyDonate site but operated by either a charity or fundraiser is at your own risk. You accept that neither MyDonate nor BT is in any way responsible for competitions, raffles, lotteries or prize draws operated by a third party.
The MyDonate website 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.
11) Partner Services
BT may from time to time select partners offering relevant information and services that we believe will enhance our provision of the service for visitors to the MyDonate 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 name MyDonate and the BT logo and any other product and service names that we may present on the MyDonate website from time to time may not be used in connection with any product or service that is not BT's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit BT. Other trademarks, service marks or logos that appear on the website, 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 BT and the trade mark owner.
All content on the MyDonate website is owned by BT, 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 content is permitted without the express prior permission of BT, and, where applicable, the copyright holder.
14) Changes to the service
BT will make every effort to ensure that the MyDonate 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.
15) Failure to comply with these Terms of Service
In the event that you commit a breach of these Terms of Service BT reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the MyDonate website and services.
You may discontinue use of the website and services at any time. These Terms of Service will continue to apply to past use by you.
17) Limitation of Liability
BT does not, and nothing in these Terms of Service shall act to, exclude or limit BT'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. Subject to exceptions listed above, in no event shall BT be liable for any claims, loss or damage, whether direct or consequential which you claim to have suffered by reason of your accessing and use of the MyDonate website.
You agree that your use of the MyDonate website is on an "as is" and "as available" basis and that your use of the website is at your sole risk. BT 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, BT does not provide conditions, warranties or other terms in relation to the website, to the extent permissible by law.
BT may change the format and content of the website from time to time. You should refresh your browser each time you visit the MyDonate website to ensure that you download the most up to date version of the website, including the latest version of these Terms of Service.
19) Governing law
These Terms of Service are governed by English law and are subject to the exclusive jurisdiction of the English courts.
20) 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.