Terms and Conditions of Use
Last updated: 04/02/2021
Table of Contents
Please scroll down to view each section in more detail.
1.1 Welcome to Fundzzle. The Fundzzle.com website (the “Site”) and the services provided through it (collectively “Services”) are operated and owned by Fundzzle Ltd (“we”, “us” or “our” as appropriate). We are registered in England and Wales under company number 11417520 and have our registered office at 85 Great Portland Street, First Floor, London, W1W 7LT.
The Fundraising Regulator encourages you to read and become familiar with The Code of Fundraising Practice and the Online fundraising - advice and guidance for the public.
For further information about us and our contact details, please visit the About Us page or send an email to email@example.com.
1.2 We may make the Site available through several channels. It is currently available through the website located at www.fundzzle.com.
1.3 For the purposes of these Terms, the words “You” or “Users” refers to the individuals and visitors to the Site, and, if applicable, includes any other legal entity on behalf of which an individual is accessing the Site. As an individual, You agree not to access the Site on behalf of any other individual, any company or any entity or group unless You have the authority to bind that individual, company or entity or group to these Terms.
1.4 To make these Terms quicker to read, we use a few key definitions: we refer to occasions such as a birthday, wedding or holiday party as the “Event”, the individual creating and sending the invitations as the “Organiser”, the invitation page created as the “Event Page”, the date of the Event indicated on the Event Page as the “Event Date”, and the invited individuals as “Guests”. The Organiser may choose to allow Guests to make monetary contributions to causes and is referred to as “Crowdfunding”. The causes for which the Organiser chooses to crowdfund for, whether a group gift, a registered charity or both, are collectively referred to as the “Event Causes”. The money contributed by Guests towards the Event Causes are referred to as “Contributions”.
1.5 Description of Service: Fundzzle is an online invitation, RSVP, group gift and charity crowdfunding service all wrapped into one platform - privately and securely. Fundzzle provides event management tools and services to help people gather more easily and meaningfully.
The Site allows an Organiser to create an invitation page for an Event, distribute invitations, send communications and collect responses from invited Guests. The Site also provides the Organiser the option to crowdfund for a group gift, a charity or both, by facilitating the collection of monetary contributions from Guests. The Site provides invited Guests the ability to communicate their response, contribute to the Event Causes and utilize services to manage their participation in the Event. Collectively, this process is referred to as the “Services”.
Although there is no fee to set up an Event Page, Fundzzle may charge a management fee for the Services rendered to the Organiser. The fee applies only if the Organiser chooses to crowdfund for Event Causes and receives contributions. The management fee includes the Fundzzle fee plus the payment transaction fee which are collectively deducted from the Contributions received for the Event Causes and hereinafter referred to as the “Fee”. Please refer to paragraph 6.3 of Section B for further details about the Fee. After the Fee is deducted, the remaining funds are referred to as the “Total Funds”. The Total Funds are then allocated to the group gift, charity or both based on the percentages selected by the Organiser on the outset of creating the Event Page. The funds that are allocated to the group gift are referred to as the “Group Gift Funds” and the funds allocated to the Charity as the “Charity Funds”.
The Contributions are collected via the regulated payment provider MANGOPAY SA, hereinafter referred to as the “Payment Provider”. The Payment Provider deducts the Fee from each Guest contribution and the Total Funds are then allocated, escrowed and safeguarded in a ring-fenced bank account on behalf of the respective Organiser (as the Group Gift Funds), Charity (as the Charity Funds) or both. These funds are segregated from Fundzzle’s and Mangopay’s own funds, assets and are solely for the benefit of the respective Organiser and/or Charity. Once the Event Page is closed, the Charity Funds are transferred directly to the Charity bank account. The Group Gift Funds are transferred to the Organiser bank account after the withdrawal request is validated through the Payment Provider.
Fundzzle is a platform; we are not a broker, financial institution, creditor or charity. The Services are an administrative platform only. Fundzzle facilitates the organization of the Event and permits Guests to make contributions to the Event Causes and ensures the safe payment transfer to the Event Causes as designated by the Organiser.
1.6 These Terms are organised into 5 sections. Those in this Section A, C and D apply to all Users, whether as an Organiser, Guest or User visiting the Site. Those in Section B and E apply specifically to Organisers and invited Guests.
1.7 You will see that each section of these Terms begins with an introductory paragraph which summarises the key terms in that section. These introductory paragraphs are an informal summary and do not form part of the contract between us.
1.8 Please read these Terms carefully before you start to use the Site, as they will govern your use of the Site, the invitations you create and the Event Causes that you offer as an Organiser and the RSVPs and Contributions you make as a Guest, as well as the content you post as a User. We recommend that you print or save a copy of these Terms for future reference.
1.9 By using the Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not want to be bound by these Terms please do not access, use and/or provide any content to the site.
2. Access and using Fundzzle
2.1 Anyone can access the Site. However, to create and save an Event Page as the Organiser you will need to register by signing up and creating an account. For that purpose, you must be at least 18 years of age or, if higher, the legal age in your jurisdiction. To create an account, please go to the Login page.
2.2 If you are Organiser or Guest using the payment system available on the Site, you also agree to the payment provider MANGOPAY SA terms and conditions of use, which are appended to this document in Section E and form an integral part of the Site’s Terms.
2.3 If you are an Organiser crowdfunding for a group gift or both a group gift and a charity, you must have a UK bank account, provide additional registration information, submit the verification documents and banking details as required by the Payment Provider prior to withdrawing the Group Gift Funds. These requirements are outlined in paragraph 6.4 of Section B.
2.4 If you are an Organiser crowdfunding for a Charity only, you must provide additional registration information to meet the legal and regulatory obligations required of us, the payment provider and our charity partners.
2.5 If you are an Organiser not crowdfunding for any Event Causes, no additional registration information will be required to save and create the Event Page.
2.6 If you are an invited Guest, contributing to the Event Causes is optional and not required to RSVP. You may submit an RSVP and contribute without signing up or creating a Fundzzle account. For this purpose, you must be 18 years of age or, if higher, the legal age in your jurisdiction.
2.7 You are not eligible to use Fundzzle if we have temporarily suspended or previously terminated your access to the website and we have not expressly authorised you in writing to resume using the Site.
2.8 We try to make Fundzzle available at all times, but, of course, we cannot guarantee this. Please see further paragraph 15 of Section D, Promises, liability and disclaimer regarding the availability of the Site.
3. Your privacy
3.2 By using this Site, you consent to such processing and you warrant that all data provided by you is accurate.
4. Account registration
4.1 You can sign up and create your account on the Login page. When registering through our standard registration process, you will be asked to confirm your acceptance to these Terms.
4.2 You must make sure that all the information you provide when you register with Fundzzle is true, accurate and current and complete.
4.3 If you change any of your registration details you must update your account profile.
4.4 Your account is for your personal use only. To help us maintain the security of the Site, you must keep your login details confidential. Please do not share your login details with any other person or leave your device unattended whilst logged into the site as you will be held responsible for all activities that occur under your password or account (with or without your knowledge) as a result of doing so. If you become aware of any misuse or unauthorised use of your login details, then you must inform us immediately by sending an email to firstname.lastname@example.org.
4.5 In the event that you have, or we have reason to believe that you have breached, or will breach these Terms, we may terminate or suspend your registration and/or access to the site and/or to any content made available on the Site.
4.6 You can request the cancellation of your account at any time as long as you are not organising or attending an Ongoing Event. Please email us at email@example.com to request the cancellation of your account.
B. Create invitation and RSVP to an Event
This section sets out the terms that apply to the Event Page that you create and the Event Causes you may offer as an Organiser, and/or the responses you provide during the RSVP and the Contributions you make as a Guest.
5. Our Role
5.1 We provide an online platform through which an Organiser can create an Event Page, invite Guests and crowdfund for the Event Causes (Group Gift, Charity or both) and for Guests to RSVP to the Event and contribute money online to the Event Causes.
5.2 We do not verify the identity of anyone who creates an Event Page nor the information they provide about their Event or themselves. We cannot therefore give any guarantee that any of the users are who they say they are or that the information they provide is accurate, complete or true. Consequently, we make no recommendation or representations in relation to any Organiser or their Event Pages.
5.3 To ensure the safe transfer of funds, the Payment Provider will verify the identity of a Organiser and the Charity and undertake any other necessary checks before any funds are transferred to the Organiser (for the Group Gift Funds) and the Charity (for the Charity Funds).
5.4 We do not have any involvement in any arrangement’s Users make with each other through the Site. We therefore do not accept any responsibility for the nature or quality of an Event and Event Causes, nor do we promise that any User, whether an Organiser or Guest or Charity, will do as they promise.
5.5 If the Organiser is crowdfunding for Event Causes, Fundzzle does not warrant that the Contributions will be used for any particular purpose and shall not be responsible for any dissatisfaction Users may have regarding the use of any contribution made through the Site. After contributions are made, all further dealings are solely between the Guests and the Organiser.
5.6 Fundzzle shall have no liability to Guests whatsoever for any use or misuse of contributions made to the Event Causes. The Organiser may state that they will use contributions only for specific purposes, but Fundzzle 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 Organiser directly to seek reassurance. It is your sole responsibility, as a user of the Site, to ensure that the Event Causes stated to be supported on a relevant Fundzzle Event page is one that you wish to support.
5.7 All Contributions are at your own risk. When you contribute through the Site, it is your responsibility to understand how your money will be used. Fundzzle is not responsible for any offers, promises, rewards or promotions made or offered by the Organiser or the Charities.
5.8 Every Charity featured has a contractual agreement with Fundzzle authorising Fundzzle to facilitate Organisers raising funds on its behalf. Charities are listed on this Site at Fundzzle’s discretion; however we cannot accept responsibility for the activities of the 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, details added to the Event Page by the Organiser and other organisations can have similar names: it is your responsibility to check contributions will reach the Charity you intended.
5.9 Please note that Charities reserve the right to use the Charity Funds received for their general purposes. They will use the Charity Funds for any purpose in accordance with their own rules. Fundzzle cannot guarantee that funds will be earmarked for a particular purpose.
5.10 Fundzzle will always comply with all applicable laws and regulations relevant to the Site, as amended from time to time.
5.11 Unfortunately, the Charity Funds raised through Fundzzle Events are not eligible for Gift Aid in the UK. Contributions made to Event Causes are considered to be “personal gifts” and are not eligible for Gift Aid in the UK. HMRC regulations does not allow the Organiser to Gift Aid the Charity Funds as the donation must be the donor’s own money and not collected on behalf of someone or a group of people.
6. Event Organisers
6.1 Setting up the Invitation
6.1.1 Once you have created an account, you can save your Event Page and send invitations to your Guests. The invitations are not publicly accessible and only invited guests may view and respond via the Site using the functionality we provide.
6.1.2 We have specific rules regarding the types of Events and Event Causes you can support via the Site. Please see further Section C, which contain these rules and form part of our Terms.
6.1.3 You may post content and other material (i.e. picture or video) and send messages to keep Guests updated on your Event. Please see further Section C, About the content you and others provide to the Site, for the rules relating to the content you post on the Site.
6.1.4 If you have selected the option to receive notifications when Guests RSVP, Fundzzle will send you an email whenever a guest RSVPs.
6.1.5 Use your private Event dashboard to add Guests, send invitations, track RSVPs, send messages, view Contributions, view the funds allocated to the Group Gift and/or Charity, close the Event and withdraw the Group Gift Funds as applicable.
6.1.6 Once you have saved the Event Page to your private Event dashboard, you cannot change or edit any of the details on the Event Page. You may however send messages to Guests with updates on the Event through the messaging functionality we provide. Please contact us at firstname.lastname@example.org if you have made an error or wish to make a change. Fundzzle may not allow the Organiser to change the date of the Event and under no circumstances change the specified Group Gift, the chosen Charity and the allocations made to the Group Gift and/or Charity after the invitations have been sent to Guest(s).
6.1.7 If you are not crowdfunding for any Event Causes or crowdfunding for a Charity only, we recommend you close your Event from the dashboard after the Event Date has expired. If you fail to close your Event, your Event will automatically close 90 days after the Event date has expired.
6.1.8 Once the Event is closed, you may still access your private Event dashboard to message Guests, send thank you notes, view or export their wishes, withdraw the Group Gift Funds and request your Fundzzle Certificate.
6.1.9 After the Event is closed, Guests can view the Event Page but can no longer submit an RSVP or Contribute to the Event Causes.
6.2 Setting up Event Causes
6.2.1 As an Organiser, you may choose to crowdfund for a Group Gift, a Charity or both. The Organiser defines the allocation percentage of all Contributions received to the Event Causes when creating the Event Page. The Organiser may choose to allocate 0 % to 100% of the Contributions between the Group Gift and the Charity.
6.2.2 If the Event Causes include a Group Gift, it is recommended to specify Group Gift (i.e. a scooter or to help fund a honeymoon) for which the funds collected will be used towards.
6.2.3 If the Event Causes include a Charity, the Organiser must select one of the partnered Charities featured on the Site.
6.2.4 Please note invited Guests will make Contributions to the Event Causes is in lieu of bringing a customary gift. The invited Guest will enter in their payment information and enter the amount they wish to contribute in the payment section. The minimum contribution amount is £5.00. The decision on the amount to contribute to the Event Causes is at the discretion of the Guest.
6.2.5 The payment processing services are provided by MANGOPAY SA respectively and the terms and conditions of those services will apply to the Contributions you receive and the disbursement of the Group Gift Funds and/or the Charity Funds. By using the payment system available on the Site, you thus agree to the MANGOPAY terms and conditions of use, which are appended to this document and form an integral part of the Site’s Terms.
6.2.6 Contributions made by Guests for the Event Causes will be processed as quickly as possible by the Payment Provider and displayed on your private Event dashboard.
6.3.1 There is no fee for creating and sending invitations, collecting RSVPs and wishes for the group card. There are no fees payable if your Event Causes do not receive any contributions. If you are not crowdfunding for any Event Causes, no fee is charged for the Services.
6.3.2 There is no minimum amount to use the Services and Guests are not charged the Fee when they RSVP or Contribute.
6.3.3 Although there are no fees to create an Event, fees apply to the Services rendered to the Organiser if crowdfunding for Event Causes. If your Event receives Contributions, the Payment Provider deducts the Fee and the Total Funds are then allocated, escrowed and safeguarded in a ring-fenced bank account on behalf of the respective Organiser (as the Group Gift Funds), Charity (as the Charity Funds) or both. After the Event is closed and verified as outlined in paragraph 6.4 of this Section B, the Payment Provider will send payment to the Organiser for the Group Gift Funds and the Charity funds directly to the Charity.
6.3.4 The management fee for the Services includes the Fundzzle fee and the card payment transaction fees plus applicable VAT as follows:
- Fundzzle fee is 3% plus VAT or 3.6% VAT inclusive. Prior to 01/02/2021, the fee was 5% plus VAT.
- Card payment transaction fee is 1.9% + £0.20 plus VAT or 2.28% + £0.20 per contribution VAT inclusive.
6.3.5 All fees deducted from the Contributions include Value Added Tax (“VAT”) at the rate in force from time to time (currently 20%). Please note that VAT is assessed on the above fees and not the Contributions raised.
6.3.6 The Fee for the services rendered are non-refundable.
6.4 Close Event and Withdraw Funds
6.4.1 An Event must be closed within 90 days following the Event Date and is required prior to withdrawing the Group Gift Funds. After an Event is closed, you may no longer request to reimburse Guest(s) as outlined in paragraph 8.2 of Section B
6.4.2 You may close your Event from your private Event dashboard after 48 hours of sending the Event Page to Guest(s) and no later than 90 days after the Event date has expired. If you fail to close your Event, your Event will automatically close 90 days after the Event date has expired.
6.4.3 Once the Event is closed, you may still access your Event dashboard to withdraw the Group Gift Funds, message guests, send thank you notes, view or export their wishes and request your Fundzzle Certificate. After the Event is closed, Guests can view the Event Page but can no longer submit an RSVP or Contribute.
6.4.4 Once the Event is closed and you have selected a Charity in the Event Causes, the Payment Provider will transfer the Charity Funds directly to the Charity.
6.4.5 When you select Withdraw Funds on your private Event dashboard, you will be prompted to confirm your registration details and verify your identity. This verification process will be collected by the Payment Provider MANGOPAY SA and is required to withdraw the Group Gift Funds. The following information and documents will be verified:
- Last name, first name, email address, date and place of birth, nationality and country of residence.
- A copy of a valid official identity document (i.e. driver’s license or passport).
- Banking details from a UK bank account in your name.
6.4.6 After a successful verification process to withdraw the Group Gift Funds, the Payment Provider will transfer the Group Gift Funds to your bank account or other payment method indicated by the Payment Provider. The Group Gift Funds will be paid out in GBP.
Such payments will normally be made no later than five (5) business days, provided that you have passed identity verification and other necessary checks required by the Payment Provider. Please note that the above timescales are estimates only and there may be a delay between initiating the withdrawal of funds and your access to any funds.
6.4.7 If you do not withdraw the Group Gift Funds or have not passed the verification within twelve (12) months of the Event Date, Fundzzle will notify you of this and give you a further period of time (usually six (6) months) to complete the withdrawal. 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 withdraw the Group Gift Funds. If you take no action or do not pass the verification by the end of these 7 days, Fundzzle shall apply the Group Gift Funds to the associated Charity instead or in the case where the Organiser was crowdfunding for a group gift only, another partnered Charity at our own discretion.
6.4.8 We reserve the right to attempt to verify your identity and other information you provide to us and to reject, cancel, interrupt, remove, or suspend an Event Page at any time and for any reason. In particular Event Pages or Contributions that are flagged to us as fraudulent by Organisers, Guests or our Payment Provider will be subject to review. If we find fraudulent Contributions have been made to your Event Page, those Contributions will be cancelled and the details of the associated Guest from your dashboard. If, in our sole discretion, we determine your Event Page to be a high fraud risk we may also ask you for more information and you agree to respond to such requests and provide such information within a reasonable time. The Payment Provider may also perform additional verifications before any funds are distributed to you. We will not be liable to you for any losses that you suffer or incur as a result of us taking any of the actions in this paragraph 6.4.8. We reserve the right to pass on the cost of chargebacks to you.
6.5 Organiser Obligations
6.5.1 As an Organiser, you shall:
- ensure that any person or organisation for which you have created an Event Page agrees to you raising funds on its behalf for the purposes set out on your Event page;
- apply any funds you receive for the Group Gift and use them for no other purposes; If you are not the beneficiary of the Group Gift Funds for the Event you organize, you agree to deliver the Group Gift funds to the ultimate beneficiary directly and as soon as possible. The Group Gift Funds may be delivered to the beneficiary as a purchased gift or as a monetary gift. You agree to fully cooperate with any request by Fundzzle for evidence it deems in its sole discretion is appropriate to verify your compliance with these Terms.
- promptly and accurately respond in full and to our satisfaction to all queries, clarifications or requests made by us and/or any Guest;
- promptly contact and work with Guests to reach a mutually satisfactory resolution, which may include refunding their Contributions if you are unable to fulfil any of your commitments;
- be responsible for paying the Fee or any chargebacks and collecting and remitting any applicable taxes (including income tax and VAT or similar taxes) connected with your use of the Site, the contributions you receive;
- not take (or refrain from taking) any action or other decision in reliance on having your Event Page posted on the Site or on having any Group Gift Funds from Contributions until you have received the funds in your bank account or other payment account indicated by the Payment Provider.
7. Invited Guests
7.1.1 Guests can respond to an Event Page invitation by:
- providing an RSVP
- providing an RSVP and contributing to the Event Causes
7.1.2 Contributing to the Event Causes is optional and not required to RSVP. You may submit an RSVP and/or contribute without signing up or creating an account. For this purpose, you must be 18 years of age or, if higher, the legal age in your jurisdiction.
7.1.3 You acknowledge that once you RSVP or Contribute to the Event, you may not change the RSVP or the Contribution. If your RSVP status changes, please contact the Organiser directly to notify them of any changes.
7.1.4 The Event Page is not publicly accessible. Only invited Guests may access the Event Page and respond via the Site using the functionality we provide.
7.1.5 Your name and RSVP status (Accepted, Declined, Viewed or Not Viewed) may be visible to other invited Guests if the Organiser has selected the option to show the Guestlist to other Guests. All other information you provide during the RSVP process (i.e. contact details, your contribution amount, wishes and comments) may only be viewed by the Organiser on their private dashboard.
7.1.6 Prior to submitting your RSVP you will be asked to confirm your acceptance to these Terms.
7.2.1 Contributing is optional. Guests are not required to contribute in order to RSVP.
7.2.2 If you choose to contribute to the Event Causes, there are no fees payable in addition to your Contribution amount.
7.2.3 Please note any Contribution you make to this Event is in lieu of giving a gift. The decision on the amount you would like to contribute to the Event Causes is at your own discretion. The minimum contribution amount is £5.00, and the maximum contribution amount is £ 1800.
7.2.4 Once you have provided an RSVP, you can contribute by entering a contribution amount and payment details.
7.2.5 Your RSVP and Contribution amount will appear on the Organiser’s private Dashboard. Other invited Guests will not see your Contribution.
7.2.6 After the Contribution has been successfully processed, you will see an on-screen acknowledgement with a reference number of the Contribution and receive an email confirming details of the Contribution made.
7.3 Payment methods
7.3.1 Once you have confirmed the amount you wish to contribute; you will be prompted to confirm your payment. These payment processing services are provided by MANGOPAY SA and the terms and conditions of those services will apply to the payments you make using them. By using the payment system available on the Site, you thus agree to Mangopay’s terms and conditions of use, which are appended to this document and form an integral part of the Fundzzle Site’s Terms.
7.3.3 When paying using MANGOPAY Payments, Contributions are immediately debited from your account and transferred to a secure escrow account for the Event Causes.
7.3.4 There is a possibility that the Organiser does not pass the identity verification or other necessary checks imposed by the Payment Provider, or there is some reason that the Group Gift Funds cannot be transferred to the Organiser after the Event is closed. If this happens to the Event Page you have contributed to, we will email you to let you know that the Group Gift Funds are sent to the Charity instead or in the case where the Organiser was crowdfunding for a group gift only, another partnered Charity at Fundzzle’s discretion. Please refer to paragraph 6.4 for further clarification on the Organiser’s withdrawal process.
7.4 Cancelling a Contribution
7.4.1 Once a Contribution has been made to the Event Causes, you may not cancel the contribution. All Contributions are final and will not be reimbursed unless the Organiser, at its sole discretion, agrees to issue a refund as outlined in paragraph 8.2 of Section B. In the event of a dispute, Guests should take action against the Organiser. If you do not agree to this no cancellation policy, you should not use the Site and its Services.
7.4.2 This does not affect your statutory or legal rights. Advice about these rights is available from your local Citizens' Advice Bureau.
7.5 Guests’ Obligations
7.5.1 As a Guest, you shall:
- comply with the terms and conditions for the payment processing services provided by the payment provider MANGOPAY SA; and
- ensure that any funds used to make Contributions will not result in a breach of applicable law.
8. Other important terms
8.1 Interest on Contributions
8.1.1 There is no interest accrued on the contributions while held by the Payment Provider. All contributions are collected through the Payment Provider MANGOPAY SA and are escrowed and safeguarded in a ring-fenced segregated bank account on behalf of the respective Organiser, Charity or both. The accounts do not constitute a bank deposit and bears no interest.
8.2 Reimbursement of Contributions
8.2.1 All Contributions are final and will not be reimbursed unless the Organiser, at its sole discretion, agrees to issue a reimbursement to Guest(s) prior to the Event closing. Organiser’s may request this by sending an email to email@example.com.
8.2.2 If the Organiser chooses to reimburse a Guest, the amount of the contribution, minus the Fee, will be refunded to the Guest within 15 business days.
8.2.3 Reimbursements are not permitted after the Event is closed. Please note the Event will automatically close 90 days after the Event date has expired.
C. Terms that apply to all users
9. About the content you and other users provide to the Site
9.1 The rules of the Site
9.1.1 The following rules apply to your use of the Site:
- Any content which you and other users post or contribute to Site (including content you upload to your Event Page, messages sent and Guest RSVPs ) is generally known as “user generated content” or “UGC” for short. The paragraphs below in this Section C set out the rules for contributing content, how we and other users may use your UGC and how you can use their UGC.
- Obviously we positively encourage users to make full use of the Site. However, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by the guidelines set out in these rules:
9.1.2 You agree to ensure that:
- you only contribute UGC to the Site if you know that you have the necessary rights to do so. By contributing UGC to the Site, whether text, images, video, sound recordings or other material, you are promising to us and to other users that: (i) you either own any copyright in that content or that you have obtained the necessary right(s) to make the content available through the Site in accordance with these Terms and permit its use via the Site and that such permissions are freely available on demand by us should we require; and (ii) you will not be infringing anyone’s intellectual property or other rights or breaching any law or regulation (including data protection and privacy laws), by contributing that content and by allowing it to be used in the ways described in these Terms. If you are in doubt about whether you have permission to post your UGC, please do not upload or post it to the Site.
- all information provided by you via the Site or which you provide to other users or in connection with any Event Page is accurate, true and up to date in all respects and is not misleading in any way;
- all content posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, or otherwise objectionable or embarrassing to any other person as determined by us in our sole discretion;
- you will use the Site and any information and content obtained from it lawfully and only for the purposes for which it has been provided and in accordance with these Terms;
- you will not harass or mislead or act unlawfully towards any person that you have contacted via the Site or disclose or use any contact information that they may provide to you without their consent;
- you will cease to contact anyone that you have contacted via the Site immediately if they request you to do so; and
- any content you upload is not in breach of any copyright or other intellectual property rights owned by a third party and, in the case of any photos or videos that identify individuals, that you have their full permission to make their image available through the Site.
9.1.3 You may not:
- distribute or post spam, in particular by sending unsolicited marketing messages to other Users, or distribute or post chain letters;
- distribute viruses or any other technologies that may harm the Site or the interests of users of the Site or otherwise interfere with or disrupt our servers;(c) post or transmit any advertisements for or solicitations of business;
- after receiving a warning, continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed;
- except as permitted under these Terms, copy, modify, or distribute our content or trademarks from the Site or Users copyright material and trademarks or any content or trademarks owned by a third party unless you have their explicit permission;
- harvest or otherwise collect or use information about Users without their explicit consent;
- impersonate another User or falsely state or otherwise misrepresent your affiliation with a person or entity;
- allow any other person or entity to use your log in details or account for posting or viewing comments or for communicating with other Users;
- continue to use the Site if your access to the Site has been suspended or your account terminated;
- engage in any other conduct that restricts or inhibits any other persons from using or enjoying the Site, or which, in our judgment, exposes us to any liability or detriment of any type; or
- upload, post or publish to the Site or otherwise provide to us any personal information about children (i.e. individuals under 18) or personal data that is “sensitive data” from a legal perspective or that relates to criminal convictions or offences.
- use the Site for activities that relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (g) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (h) sexually oriented services, (i) ammunition, firearms, or certain firearm parts or accessories.
- use the Site for activities that relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes, (c) are used to process a C2C or C2B payment for a good or a service between two parties, (d) involve gambling, or (e) involve offering or receiving payments for the purpose of bribery or corruption.
9.1.4 Please note that any posting of information or sending of internal messages on or via the Site is the opinion of the person posting or sending only and does not necessarily reflect our opinions or attitudes.
9.2 Monitoring your UGC
9.2.1 We are not involved in any arrangements made between Users. Any postings on the Site and the uploading of any photos, pictures, videos, animations or other audio-visual material to the Site by Users does not constitute any form of recommendation, representation, endorsement or arrangement by us. In particular we have no control over and are not responsible for the truth or accuracy of any content, its compliance with any legal or regulatory requirement or its quality or safety. Please contact us if you have any concerns about the content of any information seen on the website.
9.2.2 Please note that any information posted via the functionality available on the Site is the opinion of the person posting only. If you rely on the information posted, you do so at your own risk. Although we have rules for the posting of content, it is possible that our interactive features could be susceptible to misuse. We ask all users to contact us in respect of any suspicion of misuse.
10. Misuse of the site
10.1 We may monitor the use of the Site from time to time however we still rely on you to inform us if you spot any abuse or inappropriate behaviour, in which case we may review specific postings. Please contact us at firstname.lastname@example.org to report inappropriate behaviour on the Site.
10.2 We reserve the right to do any or all of the following:
- record the content (including any communications), from Users on the Site or in our communication systems;
- investigate a claim that any one or more items of content do not comply with the rules set out under paragraph 9 of this Section C, about content you and others provide to the Site, and determine in our sole discretion to remove or request the removal of the content;
- remove without notice any content that is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
- terminate a user's access to post content;
- monitor, edit, or disclose any content;
- edit or remove any content posted on the Site, regardless of whether such content breaches these Terms;
- suspend or terminate your access to the Site.
10.3 If you disagree with a decision made by us, you should contact us with your appeal at email@example.com. You must not use the Site to dispute or argue about any decision we make.
10.4 Any decision we make to remove or request the removal of any content or to terminate or suspend any accounts shall be final. The termination or suspension of an account shall apply to any and all user accounts that may have been used by a user.
11. Disputes between Users
11.1 We are under no obligation to become involved in disputes between any Organisers and Guests, or between Users and the Charities or any third party arising in connection with the use of the Site. This includes, but is not limited to, the Event Causes or other commitments and services, and any other terms, conditions, warranties, or representations associated with Events on the Site. We do not monitor and are not liable to you for the performance or punctuality of the Event and Event Causes nor do we endorse them.
11.2 We will co-operate with any law enforcement authorities in any investigations arising out of your dispute with another Users.
D. General provisions
This section sets out the terms that apply to everyone who uses the Site.
12. Our content
12.1 All of the content on the Site is owned by (and all copyright, trademark and other intellectual property rights in that content shall at all times remain vest in) us or our licensors and is protected by UK and international copyright and other intellectual property laws.
12.2 Our content includes any information or other material found on or via the Site, including without limitation text, databases, graphics, videos, software and all other features found on or via the Site.
12.3 We make the Site, our content and any UGC available through the Site for your personal, non-commercial use only. You may view the Site pages and content online and print a copy of these Terms for your records. You may not otherwise reproduce, modify, copy or distribute or use any of the content on the Site without our prior written consent.
12.4 To be clear, you are not in any circumstances permitted to:
12.4.1 make commercial use of any such content except in the case of your own UGC which you may use for the purposes of providing information in connection with your Event on the Event Page and/or your Business (if applicable);
12.4.2 edit any such content; or
12.4.3 remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.
12.5 The trademarks, logos and brands appearing on the Site are owned by us or our licensors. No permission is given in respect of the use of any of these marks, logos or brands, and any such use may constitute an infringement of the holder’s rights.
13. Third-party software
13.1 You acknowledge that you may need to download and activate certain software in order to use certain content available on the Site. This software will be clearly identified on the Site.
13.2 In order to use such third-party software or technology, you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.
14.1 You acknowledge the Site may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.
14.2 We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them.
14.3 If you decide to access any of these third-party websites, you do so entirely at your own risk.
14.5 You may only link to the Site provided that:
14.5.1 the homepage is not loaded into frames on your website, unless we expressly agree; and
14.5.2 your site or services does not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values;
14.5.3 We reserve the right to withdraw linking permission to any time without prior notice.
15. Promises, liability and disclaimer
15.1 We promise that we will operate the Site with reasonable skill and care. Otherwise, the content and services available on the Site are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permissible under applicable law and subject to this paragraph 15.1 and paragraph 15.3 of this Section D, we disclaim any and all promises, warranties, conditions, or representations relating to the Site and its content, whether express, implied, oral or written. In particular:
15.1.1 We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the Site and you should not rely on it being accurate, truthful or complete.
15.1.2 We are not responsible for verifying the ownership of any content posted or uploaded onto the Site.
15.1.3 Any posting of comments or information on the Site is the opinion of the person posting only and in no way reflects our opinions or attitudes, nor constitutes any form of recommendation, representation, endorsement or arrangement by us. To be clear, each user acts on his/her own behalf at all times and does not act as our representative or agent in any way.
15.1.4 We cannot guarantee and shall not be liable to you in relation to the performance or reliability of the online payment processing services.
15.1.5 You agree that your access and use of the Site and its content is at your own risk. We do not have any knowledge of, or control over, the particular purpose(s) for which the information and content available on the Site is used. The content and information that we make available on the Site is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on the Site or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on the Site.
15.1.6 By using the Site you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the Site, response times to view, verify or transfer information; and the risks inherent in all third-party links, connections and transfers via the internet. Accordingly:
- We do not make any promises about the availability or accessibility of the Site or promise that your access to the Site, the content on it or the services we provide will be delivered uninterrupted, timely or error-free;
- We are not responsible for any data or information uploaded by any Users including any content posted, uploaded or published on the Site. It is your responsibility to make backup copies of any of the content you post, upload or publish on the Site and we strongly recommend that you do so;
- We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Site or the server(s) that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content;
- Whilst we hope that you will find the websites linked to on the Site of interest, no responsibility of any nature whatsoever is accepted for any such links or any information contained in them.
15.2 There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:
15.2.1 for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation; or
15.2.2 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.
15.3 We will not be responsible or liable if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control (as further detailed in paragraph 20.3 of this Section D).
15.4 Subject to paragraph 15.2:
15.4.1 IF YOU ARE A USER THEN IF EITHER WE OR YOU FAIL TO COMPLY WITH THESE TERMS, NEITHER OF US SHALL BE RESPONSIBLE FOR ANY LOSSES THAT THE OTHER SUFFERS AS A RESULT, EXCEPT FOR THOSE LOSSES WHICH ARE A FORESEEABLE CONSEQUENCE OF THE FAILURE TO COMPLY WITH THESE TERMS. LOSSES ARE FORESEEABLE WHERE THEY WERE CONTEMPLATED BY YOU AND US AT THE TIME YOU ACCEPT THESE TERMS; AND
15.4.2 IF YOU ARE AN ORGANISER THEN WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY AND ANY DIRECT LOSS (FOR WHICH LIABILITY IS NOT EXPRESSLY EXCLUDED IN THESE TERMS) IN EXCESS OF THE TOTAL AMOUNT OF FEES WE HAVE RECEIVED IN RESPECT OF THE EVENT TO WHICH YOUR CLAIM RELATES (WHETHER IN RESPECT OF A SINGLE EVENT, SERIES OF CONNECTED EVENTS OR OF UNCONNECTED EVENTS); OR IF NO FEES WERE PAID, IN EXCESS OF £100.
16.1 You agree only to use the Site in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including as a result of any UGC that you post to the Site or any actions you take which disrupt access to and/or the functioning of the Site) or any liability we incur as a result of the use of the Site by you and any other person that uses your account with your permission or as a result of your negligence.
17. Copyright complaints
17.1 We respect the intellectual property rights of others, and we prohibit users of the Site from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.
17.2 It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us using the details provided in paragraph 22 of this Section D.
17.3 Additionally, it is our policy to terminate usage rights and any applicable accounts of Users we determine to be repeat infringers of others’ copyrights.
17.4 Content hosted on third-party websites accessible from the Site is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.
18. General complaints and requests for further information
18.1 We want to give you great customer service but sometimes things do go wrong. We can usually resolve most issues quickly, so please email us to tell us how we can help.
18.2 If you have any general complaints or wish to request further information about Fundzzle, please contact us via email or by post to the address set out under paragraph 22 of this Section D, and we will do our best to resolve these.
18.3 Any complaint made will be acknowledged within 2 business days. We deal with all promptly and fairly, seriously and will investigate the matter fully. If the complaint concerns an individual, the complaint will not be investigated by the person who the complaint relates to. We will write to you with the outcome of our investigation within 28 days of the complaint being received.
18.4 We are committed to the Code of Fundraising Practice. If you are not satisfied with the outcome of the investigation involving a fundraiser for a charity, you may refer your complaint to the Fundraising Regulator by visiting www.fundraisingregulator.org.uk or by contacting them at firstname.lastname@example.org.
19. Written communications
19.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
20.1 Severability. If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these Terms (including for use of your UGC).
20.2 Entire Agreement. These Terms govern our relationship with you and represent our entire agreement with you.
20.3 Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, we will not be deemed to be in breach of contract. Such circumstances include, but are not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
20.4 References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
20.5 Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
20.6 Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
20.7 Exclusion of third-party rights. These Terms do not create any right enforceable by any person who is not a party to them or any Contract made under them, except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999.
20.8 Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. All contracts made under these Terms will be concluded in English.
20.9 Territory. Fundzzle is controlled and operated from the United Kingdom. If you choose to access the Site from outside the United Kingdom, we make no representation that the content and operation of Fundzzle will comply with local laws.
20.10 Governing law and jurisdiction. Any disputes or claims between us arising out of or in connection with these Terms or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England and Wales. If a dispute arises between us out of or in connection with these Terms or any contract made under them, we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If either or both of us refuse to initiate the mediation procedure within 30 days of the dispute arising or if we both fail to agree terms of settlement within a further 40 days of the initiation of the procedure, either of us will be free to initiate proceedings in the courts of England which will, subject to paragraph 20.11 of this Section D, have exclusive jurisdiction to deal with such dispute.
20.11 Nothing in paragraph 20.10 of this Section D shall deprive Users of the right to bring or defend proceedings in their home state nor of the protection afforded to them by the mandatory rules of law of the country in which they live.
21. Changes to these Terms and to the Site
21.1 We may make changes to these Terms at any time by sending you an email with the modified Terms or by posting a copy of them on the Site. Any changes will take effect seven days after the date of our email or the date on which we post the modified terms on the Site, whichever is the earlier. If you continue to use the Site after that period has expired, it means that you accept any such changes. For this reason, please periodically check the pages on which we post our Terms. If you do not agree to the changes, you must cease using the Site.
21.2 We reserve the right to change, suspend or discontinue the Site and/or the service we provide through it (including the availability of any feature, functionality database or content) at any time and for any reason. We may also introduce or remove limits on certain features or restrict your access to all or certain parts of the Site without notice to you and without incurring any liability.
22. Contact us
22.1 If you wish to make a notification to us, or have any questions about these Terms, you can reach us by sending an email to email@example.com or by sending a letter to:
85 Great Portland Street, First Floor
London, W1W 7LT
E. APPENDIX: MANGOPAY PAYMENT SERVICES FRAMEWORK CONTRACT
By using Fundzzle, you also agree to the Mangopay Terms and Conditions available via the following link: Mangopay Payment Services Framework Contract