Site Terms

1. These terms and conditions (the Terms) must be read together with any terms and conditions specific to a particular event (Event Terms) which are located on the fundraising page for that event. If there is any conflict between these Terms and any Event Terms, then these Terms will prevail to the extent of the inconsistency.

Introduction and acceptance of terms

2. Welcome to the GoFundraise fundraising platform. The GoFundraise website(s) are owned and operated by GoFundraise Limited 207 Regent Street, London, England W1B 3HH with VAT number 405 1385 26 (GoFundraise, We, Us). The use of the GoFundraise website(s), and all services and online tools (the Platform) that GoFundraise makes available to donors, registrants and other users of the GoFundraise service (Users, You, Your) is governed by these Terms. By accessing and using the Platform you understand that you have read and accept these Terms. If You do not accept these Terms You should not immediately cease use of the Platform.
3. These Terms may change or be updated from time to time and it is Your responsibility to ensure that You remain in agreement with the current Terms posted on this Platform. In the event we make any significant changes to the Terms or the Platform we will use all reasonable endeavours to give you written notification of such changes.
4. By accepting these Terms you are also agreeing that you have read and understood our Privacy Policy

Overview

5. The Platform is an online fundraising facility. GoFundraise acts as agent of not-for-profit organisations (NFP) and other users of the Platform such as event organisers or corporates (Other Clients) (Other Clients and NFPs meaning a Beneficiary and collectively Beneficiaries). GoFundraise provides online services in connection with fundraising including accounting services. Beneficiaries and Users are given access to functionality that enables them to create fundraising campaigns, build web pages and contact their networks on the Platform. You understand and agree that GoFundraise has no liability whatsoever for the actions of Beneficiaries or Users on the Platform.
6. Every Beneficiary on the Platform needs to enter into a contract with GoFundraise authorising Us to collect donations its behalf. Whilst GoFundraise take reasonable steps to substantiate the Beneficiaries status during the registration and contracting process however shall have no liability for the Beneficiary or any of its actions.
7. GoFundraise accepts no liability for ensuring that any Beneficiary applies the proceeds received from a donation in any particular way. If a User is dissatisfied with a Beneficiary's use of any donation the User makes through the Platform, the User should contact that Beneficiary directly and not GoFundraise.

Donations

8. Unless required by applicable law, once your donation is made it is non-refundable. If you wish to request a refund then you need to contact the Beneficiary that you have made the donation to directly with your request (which unless required by law they have the right to refuse any refund). If you have any issues please contact us.
9. GoFundraise does not represent or warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding the Beneficiary or User’s use of any donation you may make through GoFundraise. After donations are made, all further dealings are solely between you and the Beneficiary or User to which you donated.

GoFundraise fees

10. GoFundraise offers two options:

    • an optional contribution model or at the request of a Beneficiary ;or
    • a standard service fee model with or without a donor pay option.

Optional contribution

11. Under this option the Beneficiary may designate that GoFundraise will advise the donor that there is the option to contribute to the running of the Platform. Under this option, GoFundraise does not charge a standard service fee to the Beneficiary. Your support is appreciated to allow GoFundraise to offer our services.

Standard service fee

12. GoFundraise offers Beneficiaries flexible fee options. Under the standard fee arrangement, GoFundraise may also at the request of the Beneficiary offer a standard service fee model of a small service fee. The fee is deducted from gross donations collected on behalf of the Beneficiary.

Donor Pays Option

13. Beneficiaries may, at their option, choose one of GoFundraise’s donor pay option arrangements for recovery of the fees required for the Platform to continue to provide GoFundraise’s services. If the Beneficiary chooses these options, then the donor is asked to tip to GoFundraise a sum of their choosing or a percentage uplift to the Beneficiary to off-set the Platform Fee (as specified in the Beneficiary Service Agreement) or to match the fees charged under the standard arrangement.
14. GoFundraise also recovers credit and debit card processing fees from the gross donations. These fees are subject to change without notice. Transactions to multiple organisations in a transaction may incur an additional £ 0.20 fee per Beneficiary.

Debit or Credit card payments

15. Any donation, purchases or other transactions made through the Platform by a User inserting that User’s credit or debit card details is final and non-refundable. Where there has been an unauthorised use of a User’s credit or debit card (e.g. fraud) the User please notify GoFundraise and then this should be taken up directly with your credit or debit card provider.

Regular Giving payments

16. Regular Giving is a functionality that provides Users the opportunity to schedule regular donations (Regular Giving). A User can modify the amount and frequency of a Regular Giving payment up to 72 hours prior to a scheduled payment. The User may update this information through the 'My Donations & Purchases' area, located under 'My Account'. The minimum regular giving payment is £ 2.00 GBP.
17. A User can cancel their Regular Giving donation at any time through their GoFundraise User Account (see How to cancel a Regular Giving donation). Cancellations take up to 7 working days to take effect. Any payment that occurs before this time cannot be cancelled and will not be refunded by GoFundraise. Users will be notified via email that your payment has been cancelled. It is the Users responsibility to ensure that cancellations have been made, if you do not receive a confirmation within 7 days please contact GoFundraise Customer Care.

Ticket Sales and Raffles

18. The Platform provides Beneficiaries of a specific account class with the functionality necessary to conduct raffles and sell tickets to events. GoFundraise makes no representations as to the compliance by Beneficiaries with the laws applicable to the conduct of events or raffles. Users must establish to their own satisfaction the propriety or otherwise of such raffles and ticketed events by contacting the relevant Beneficiary directly. Any disputes about raffles must be directed to the raffle organiser.
19. Any raffle tickets purchased are non-refundable so please ensure you are purchasing the correct amount of raffle tickets

User registration

20. You may use the Platform anonymously without registering. When You do this some information such as your IP address, location and site usage may be collected in accordance with our Privacy Policy.
21. You may also register Your details and be added to the Platform database. Acceptance of Your registration and the continuation of it will be subject to these Terms and the GoFundraise Privacy Policy.
22. 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 tax or tax deductions in accordance with applicable laws and regulations. Claiming tax or tax deductions 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 contact GoFundraise.

Passwords

23. You must keep Your personal login information safe, private and secure at all times. This extends to:

    1. not allowing any other person to use their login information or hold themselves out as You;
    2. not disclosing, or allowing a copy to be discovered of the login information of the User; and
    3. regularly updating any passwords or other unique identifiers used in conjunction with the login process to minimise the chance of misuse of login information.

Indemnity for misuse of Your login information

24. GoFundraise accepts no liability for acts carried out by any person using Your personal login information. You agree that you shall indemnify GoFundraise from any costs, expenses or damages paid or payable by GoFundraise in connection with your breach of clause 23.

Personal fundraising pages

25. Users who have registered with GoFundraise may establish a fundraising page or pages (Personal Page) on the Platform to fundraise for a Beneficiary.
26. Where a registered User builds a personal fundraising page or Event in favour of a Beneficiary, the Beneficiary must be first registered on the Platform. Please note that GoFundraise does not endorse any Beneficiaries, Personal Pages, events or microsites featured on the Platform and it is at the Users sole discretion and liability on whether to support a Beneficiary, Personal Page, event or microsite.
27. GoFundraise reserves the right to delete, close or suspend a Personal Page, and/or Event at its sole discretion. If a Beneficiary gives GoFundraise written notice that it deems a fundraising activity promoted on a Personal Page or event to be inappropriate or unnecessarily dangerous or not desirable, GoFundraise will at its sole discretion take any action it deems necessary such as removing any pages or reporting to the appropriate authorities.

28. Where a User builds a Personal Page on the Platform, the User must ensure that the data, including without limitation all text, pictures, graphics, audio, video, images and other data or information uploaded to the Personal Page does not:

    1. infringe the intellectual property rights (including copyright) of any third party.
    2. detrimentally affect the brand or reputation of GoFundraise, any Beneficiary or any affiliates or partners of GoFundraise;
    3. be misleading or deceptive as to the nature, type, service or benefits of the content;
    4. be misleading as to that User’s identity or affiliation with any person or group
    5. contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
    6. encourage, counsel, incite or suggest any discriminatory, criminal or other unlawful acts; or
    7. contain vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racist or violent nature.
29. In addition, You must not use the Platform to:

User IP

30. The User warrants that all content uploaded by the User to a Personal Page or otherwise (User IP) is owned by the User or the User has the necessary rights and/or permissions to:

    1. use the Content for the purposes of the Personal Page; and

    2. to grant the licence detailed below

       and the User shall indemnify GoFundraise from any costs, expenses, claims or damages paid or payable by GoFundraise in connection with a claim by any person that the User IP infringes the intellectual property rights of that person.

31. The User grants to GoFundraise a royalty free, worldwide, non-exclusive, transferable, licence to use, copy, perform, modify and create derivative works of the User’s IP, in whole or part.
32. The User acknowledges and agrees that upon receipt and notice of any claim under this section, GoFundraise may immediately remove any User IP from the Platform without liability. Any claims of any complaining party will be referred to the User.

Code of Conduct & Fundraising Guidelines

33. By creating a Fundraising Page You also agree abide by all applicable laws, regulations and codes including the UK Fundraising Code of Practice. If You do not agree to abide by these conditions then You must not create a fundraising page, or if You have already created the page, delete it immediately.

Gift Aid

34. If you are a UK Taxpayer that fulfils the requirements of the Gift Aid scheme applicable from time to time and you elect to for the Beneficiary to reclaim Gift Aid in connection with any donations then the Beneficiary will reclaim Gift Aid. If a Beneficiary is eligible, then they will reclaim Gift Aid or they may opt for GoFundraise to reclaim on their behalf if this service is offered. Beneficiaries must be registered with the Charity Commission or exempt from the registration requirements for GoFundraise to reclaim Gift Aid on their behalf. Any Beneficiaries that are not eligible for Gift Aid are made clear on the Platform.

Termination of Use

35. GoFundraise reserves the right to reject a registration application or terminate use of the Platform by a registered User without cause or any obligation to discuss the matter with that User. Without limiting the rights reserved in this clause, We may terminate the use of the Platform by a User if:

    1. a serious complaint is received or a number of complaints (amounting to what we determine as a serious complaint) are received about the User and his/her/its;
    2. conduct in using the Platform;
    3. You breaches these Terms, whether the breach is material or otherwise;
    4. if We deem Your behaviour to be unacceptable (as solely determined by Us).

Intellectual Property Rights

36. GoFundraise are the owner or the licensee of all intellectual property rights in connection with the Platform and any software, logos, branding or domains contained within or made available through the Platform. Those works are protected by copyright laws and treaties around the world and all such rights are reserved. You are not permitted to use our business name, trading name, logos or branding without our approval and you shall not remove or in any manner alter any logo, brand name, product identification, proprietary mark, trade mark notice, copyright notice, or other notices contained in or comprising part of the Platform.

37. As a User you agree you will:

    1. not assert any ownership or rights in respect of any intellectual property on or in the Platform;
    2. not reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend the underlying materials contained in any intellectual property on or in the Platform in any way, whether directly or indirectly, or authorise any other person to do so;
    3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform nor permit the Platform or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform on devices as permitted in these Terms; and
    4. comply with all applicable laws and regulations in connection with these Terms and your use of the Platform
38. No use of content on the Platform is permitted without the prior written consent of GoFundraise, and where applicable, the licensor to GoFundraise of the applicable rights.

No warranties

39. GoFundraise will make reasonable commercial efforts to maintain the performance of the Platform and continue to deliver services to Users and Beneficiaries. Despite this clause, the User acknowledges and agrees that GoFundraise cannot and does not guarantee continuous operation of the Platform or the integrity of the data stored or transmitted in or through the Platform or the public Internet. The disclaimer of warranties in this clause replaces all other representations or warranties, whether statutory, express or implied that may have been made by GoFundraise or be found in these Terms or in the relationship between GoFundraise, Users and Beneficiaries and all such representations and warranties that may be excluded at law are excluded.

Limitation of liability and indemnity by User

40. GoFundraise will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any damages for lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from:

    1. the use of the Platform by a User;
    2. the representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
    3. the representations, opinions or activities of Beneficiaries made on or through the Platform.

41. The User indemnifies and holds GoFundraise, its affiliates, officers, employees and agents harmless from any liabilities, claims, expenses or demands, including legal fees and costs made by any third party due to or arising out of or in connection with:

    1. any breach of these Terms;
    2. the use or misuse of the Platform;
    3. any Content uploaded; or
    4. any liability arising out of the use of a User’s account.

Notices

42. A party notifying or giving notice to GoFundraise under these Terms must do so by notice:

    1. in writing;
    2. addressed to GoFundraise at the address set out at the beginning of these Terms; and
    3. left at or sent by prepaid post, facsimile or email to that address.

43. A notice given in accordance with clause 42 above, will be deemed received:

    1. on the date of delivery, if left at the recipient’s address;
    2. Five days after the date of posting if sent by prepaid post; and
    3. if sent by facsimile, when the sender’s facsimile system generates a message confirming successful transmission of the total number of pages of the notice unless, within eight business hours after that transmission, the recipient informs the sender that it has not received the entire notice; and
    4. if sent by email, on the day the email is sent (as long as the sender has not received a delivery failure message in relation to that email).

Governing Law and Jurisdiction

44. Except where required by law, these Terms are governed by English law and under the jurisdiction of the English courts.

Survival

45. Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry of these Terms shall remain in full force and effect.

General

46. These Terms, the Event Terms and the GoFundraise Privacy Policy constitute the entire understanding and agreement between the User and GoFundraise and supersede any and all prior oral or written communication on the subject matter contained in them.
47. Nothing in these Terms creates any agency, partnership, joint venture, employment or similar relationship between you and GoFundraise.
48. If we do not insist immediately that you do anything you are required to do under the Terms, or if we delay in taking steps against you in respect of any breach of these Terms that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
49. Nobody else has any rights under these Terms. These Terms are between you and GoFundraise. No other personal shall have any rights to enforce any of its terms.
50. If any provision in these Terms is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and the remainder will not be affected.
51. GoFundraise may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.
52. All prices are in British Pounds Sterling unless stipulated otherwise.

Updated: November 2023