Please read these Terms and Conditions carefully. As a member of the GiveWheel platform, each Charity and similar non-profit organisation (a “Charity” for the purpose of this agreement) is agreeing to these Terms and Conditions. If the Charity does not wish to be bound by these Terms and Conditions, the Charity should not continue to access or use any of the GiveWheel Services. If at any time a Charity wishes to discontinue any presence on GiveWheel, this can be done by notifying GiveWheel in writing at team@givewheel.com.
When stated, “GiveWheel”, “we”, “us” or “our” in these Charity Terms, we mean GiveWheel Limited. When we say “you” or “your”, we mean the “Charity” that is registered to GiveWheel for the provision of the GiveWheel Services or featured as part of our Donor Assist services.
GiveWheel operates and manages givewheel.com (the “GiveWheel Website”) and other related systems and services (such as the collection and distribution of Gift Aid) as outlined in these Charity Terms (the “GiveWheel Services”). The GiveWheel Website allows donors to make single and monthly recurring online donations to your Charity, as well as create fundraising pages (set up by a fundraiser(s) and hosted on the GiveWheel website), a web page specifically created for you and/or otherwise through a website controlled by GiveWheel. GiveWheel operates two distinct ways for Charities to receive money. The first is through GiveWheel’s ‘Donor Assist’ service as set out in 1.9a. The second way is GiveWheel’s Membership as set out in 1.9b. These Terms and Conditions govern the Charity's use of the GiveWheel Services.
Please note that separate terms and conditions may apply (in addition to these Terms and Conditions) for the use of specific GiveWheel Products or Services.
From time to time, GiveWheel may amend these Terms and Conditions. These Terms and Conditions supersede and replace all previous versions of the Terms and Conditions.The current version of the Terms and Conditions will be available on givewheel.com. It is the Charity's responsibility to access and check these Terms and Conditions whenever the Charity accesses or uses the GiveWheel Services.
Our Terms and Conditions and Privacy Policy will apply at all times, and you can ask us for a copy of these at any time. If you want to get in touch with us, please email us at team@givewheel.com.
Please note: Currently only charities registered in the United Kingdom are able to register for GiveWheel Services.
1.1 In order to become a member (and remain eligible to be a member) of GiveWheel, you must be registered for Gift Aid with HMRC and be:
1.2 GiveWheel will carry out all checks that we deem to be necessary to verify your identity and other related information. In certain circumstances, we may require additional verification. We may decline your application for membership at full discretion without explanation.
1.3 Once your application has been approved and GiveWheel Website systems have been set up to process payment transactions for you, you will become a member. Your membership will continue until it is ended either by you or us in accordance with Section 5.
1.4 You will not be eligible to receive all of the GiveWheel Membership Services until:
1.5 You must tell GiveWheel immediately if you are no longer eligible to remain a member of GiveWheel under Section 5.
1.6 You shall comply with these Terms and Conditions until the membership is validly terminated.
1.7 If for any reason or none, a Charity wishes to discontinue any presence on GiveWheel (whether Membership or Donor Assist) this will be actioned promptly by GiveWheel upon notification in writing at team@givewheel.com.
1.8 Any funds held by GiveWheel that are pledged to a Charity are always secure and safe and GiveWheel ensures the prompt transfer of these funds to the recipient Charity, irrespective of whether they intend to retain a presence on GiveWheel.
1.9 GiveWheel operates two distinct ways for Charities to receive money that has been collected via single or recurring donations or as a result of a fundraising(s) event.
The following section sets out any fees for access to, and use of, the GiveWheel Services.
GiveWheel offers a free platform for charities with no registration or ongoing costs. GiveWheel may also offer paid plans for additional functionality and services. In these cases, if the Charity chooses to subscribe to these services, additional subscription fees may apply. GiveWheel retains the right to suspend the Charity’s use of the GiveWheel Services at any time should collection of this amount not be successful for any reason or the Charity does not pay any other amount due to GiveWheel under this agreement for any other reason. In this instance, the Charity will only be granted access to the GiveWheel Services upon receipt of any outstanding subscription fees.
No platform fees will be taken by GiveWheel. However, payment merchant fees charged by our payment provider, Stripe, will apply. Updated information on fees can be found at: https://www.givewheel.com/help/3/our-fees/. These fees will be deducted from each payment by Stripe and will be covered by the Charity (automatically deducted), regardless of the total transaction size. Full details on Stripe’s transaction fees can be found on their website. For Charities choosing to receive donations through our non-profit partner Charities Trust, an additional disbursement fee will apply.
2.3 During the payment process, GiveWheel Services will include an option for a donor to add an additional contribution to GiveWheel, in which case the transaction fees deducted from the Charity balance will be subtracted from the total transaction amount.
3.1 We will communicate with you using the contact details we hold for you on your Charity Account. If we have reason to believe that those details are not accurate, we may communicate with you in writing at your registered address.
3.2 In the event of a suspected or actual fraud or security threat, we will contact you by email, letter or telephone (unless the law prevents us from doing so).
3.3 If you require a copy of this agreement, or any other documentation from GiveWheel in a different language (other than English), or format, like large print, please contact us using the contact details provided on givewheel.com.
4.1 GiveWheel reserves the right to amend these Terms at any point. Continued membership of GiveWheel is considered to be continued acceptance of these Terms.
4.2 We can make changes to these Charity Terms in order to:
5.1 To terminate your GiveWheel membership, you may send a written notice by email to GiveWheel using the contact details provided on the GiveWheel Website. Should you terminate your membership in accordance with this clause:
5.2 In addition to the termination rights stated above, both parties shall have the right to cancel the use (and provision) of the GiveWheel Services by written notice with immediate effect if the other party commits an act of material default, or commits any act (or threatens to do any act), that will directly damage, or is likely to damage, the reputation of the other party. An act of material default shall be considered to have occurred if:
6.1 You, “the Charity”, is responsible for maintaining the details on your Charity Account and ensuring they are up to date and accurate; this includes your internal password security control.
6.2 When you create your Charity Account, you will gain access to a password-protected user account portal accessible through the GiveWheel Website (your “Charity Account”). If you are unable to access your Charity Account, please refer to the GiveWheel Help Centre for more information, or contact us using the contact details provided on the GiveWheel Website.
6.3 As part of the GiveWheel Services, GiveWheel will provide you with a Charity Public Page to allow you to promote your vision, values and goals (“your Public Page”). You are responsible for ensuring that your Public Page is up to date and accurate.
6.4 You must not post any content on your Public Page or any other part of the GiveWheel Website (including any third party website links and the content of those linked websites) that is defamatory, obscene, misleading, breaches any right of, or duty owed to, a third party,breaches the intellectual property rights of a third party, and/or violates any regulation or applicable law.
6.5 GiveWheel is not responsible for any content created by the users of the GiveWheel (“GiveWheel Users”) or information shown on the GiveWheel Website.
6.6 Should GiveWheel be informed or otherwise possess knowledge of any offensive or unlawful information or activity on the GiveWheel Website, GiveWheel will act promptly to disable and remove access to this content. Except for as set out in section 25, GiveWheel shall not be liable to you as an intermediary between you and GiveWheel Users, or as a result of its role as the operator of the GiveWheel Website and Services.
6.7 As part of the GiveWheel Services, GiveWheel will ask you to provide quantifiable indications of social impact (“Impacts”). GiveWheel will use Impacts as the basis for quantifying, visualising and communicating a donor's social impact to the “donor”. Impacts you provide must be representative of your activities. As the Impacts are indicative, you are not obligated to use all funds received to satisfy the Impacts communicated to GiveWheel. You will have the option to verify the social impact of selected “Impacts.” In this instance, you must ensure that funds received are used for this purpose and maintain evidence which can be provided to GiveWheel upon request.
6.8 You shall maintain the required authority, permit, licence, consent, approval and/or registration to fundraise, and where applicable, for GiveWheel to fundraise on your behalf, in accordance with applicable local laws. If GiveWheel requires permits, licenses, and approvals to fundraise on your behalf, then you will provide all such assistance reasonably required at no cost to GiveWheel.
6.9 You will inform GiveWheel immediately if you:
6.10 You will promptly provide any information reasonably requested by GiveWheel in order for GiveWheel to be able to provide the Services to you effectively.
6.11 You will ensure that, in each case where a donor is advised that his/her donation will be used for a specific purpose, appeal or outcome (including but not limited to all GiveWheel Charity Account and Fundraising pages), the donation is used only for that specific purpose, appeal or outcome.
6.12 You will comply with all applicable laws and regulations in its use of the GiveWheel Services.
6.13 You will maintain the security and confidentiality of any passwords to access the GiveWheel services. GiveWheel shall not be liable for and accepts no responsibility for misuse of any Charity Account.
6.14 The Charity represents, warrants and undertakes to GiveWheel that:
7.1 This clause contains obligations set out in the EU General Data Protection Regulation, as well as any secondary legislation, regulation, and any UK national implementing laws, as updated from time to time (“the Data Protection Legislation”). GiveWheel and the Charity will comply with all applicable requirements of the Data Protection Legislation.
7.2 In all instances that your use of the GiveWheel Services results in access to any Personal Information, you will:
7.3 In addition to its obligations under section 7.1 and 7.2, if your use of the GiveWheel services results in access to any Personal Information and the fundraiser or donor has agreed to receive marketing communications from the Charity (as will be reflected in the Charity Account), you will only send marketing communications to the fundraiser or donor to the extent that the fundraiser or donor:
A donor will have the option to opt-in for marketing communications, upon which GiveWheel will pass on the donor’s contact details to the Charity in the ‘donorstream’ export report available via your account portal. Please not, this opt-in is not specific to an individual charity. As such, the charity is responsible for cross-checking this to any email listings the donors are already subscribed to verify their continued email preference.
7.4 All marketing communications must also meet the requirements set out by the Fundraising Regulator (standards 9.1).
7.5 Where use of the GiveWheel Services results in access to any Personal Information relating to a fundraiser but that fundraiser has not agreed to receive marketing communications from the Charity, as will be reflected in the Charity Account, you shall only communicate with that fundraiser in relation to their specific fundraising page and shall not (unless separate consent is obtained by the Charity) communicate with that person for any other purpose (including marketing).
7.6 You shall be liable for and indemnify GiveWheel, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by GiveWheel which arise (directly or indirectly) out of or in connection with any breach of section 7 by the Charity.
8.1 GiveWheel pledges to ensure the safe and prompt transfer of donated funds to the recipient charity on behalf of the donor.
8.2 GiveWheel will maintain the Charity Funds within a central (Stripe) account until the funds are transferred to the respective charity.
8.3 GiveWheel will send prompt email acknowledgements and automated Stripe receipts to donors in respect of each donation made to the Charity via the GiveWheel Services.
8.4 GiveWheel will operate the Services so that donors can make online donations by credit or debit card, or by any other payment method made available by GiveWheel; through a Fundraising Page set up for the Charity or on the Charity's page on the GiveWheel Website. For UK-registered Charities on the ‘free’ plan, for which no monthly subscription fee is payable, the GiveWheel Services will be limited to the provision of enabling donations.
8.5 GiveWheel will set up arrangements to ensure that all donations received by GiveWheel (after deduction of payment processing charges) are:
8.6 GiveWheel will respond to fundraisers' and donors' account enquiries that it receives.
9.1 GiveWheel will capture and store personal information (including but not limited to) the fundraiser's and the donor's title, full name, address and email address ("Personal Information") and Gift Aid information, and at all times in accordance with local privacy laws, regulatory requirements and guidance.
9.2 Charities should refer to the
9.3 To the maximum extent possible, GiveWheel will abide by the instructions of all fundraisers and donors in respect of their Personal Information.
9.4 Where a charity holds a GiveWheel membership, GiveWheel will provide the charity with access to a secure account on the Website where the Charity can view and download details of donations made to the Charity, details of payments made by GiveWheel to the Charity and updates on fundraiser and donor details (“Charity Account”).
10.1 GiveWheel will keep proper records of all donations and income received and expenses incurred for such period as may from time to time be required by the applicable local governmental revenue body, and maintain records which relate to the Charity and the performance of the obligations hereunder (to which the Charity may, subject to the Global Privacy Laws, have access and take photocopies of at its own expense on request and at reasonable times).
10.2 GiveWheel will, via the Charity Account, provide each Charity with the ability to download reports outlining: the number of donations received, the value of the donations received, and the Transaction Fees deducted from the total donations in accordance with section 2.
11.1 GiveWheel will comply at all times with all applicable laws and applicable authority, licence, permit or registration requirements.
11.2 GiveWheel will undertake planned maintenance to maintain our Services.
12.1 As operator of the GiveWheel Services, GiveWheel acts as an intermediary between the Charity and each user of the GiveWheel Services, including companies. Whilst the Charity and the individual user information resides on the GiveWheel Services, GiveWheel does not check or exercise any editorial control over the content of such information.
12.2 In the event that GiveWheel is made aware of or has knowledge of any unlawful activity or information on the GiveWheel Services, GiveWheel shall promptly act to remove or disable access to the information. GiveWheel shall not be liable to the Charity as a result of its role as intermediary and is not required to notify the Charity of any such removal or disablement of access to information.
13.1 During the term of your Charity's membership, you acknowledge that analytics may be collated around donations on the GiveWheel platform, including data relating to the Charity. This information may be disclosed to third parties for reporting purposes and performance benchmarking.
14.1 Users who make a donation to your Charity (a “donor'') using the GiveWheel Services will have the option, where appropriate and subject to donor eligibility, to add Gift Aid to their donation.
14.2 For nonprofits receiving money through Charities Trust, Gift Aid will automatically be reclaimed by Charities Trust and passed on to the nonprofit. Where a charity has chosen to receive payments directly into a Stripe account, GiveWheel does not operate a Gift Aid reclamation service, but will, however, provide the Charity with the ability to download a spreadsheet containing all donation details and eligibility criteria, which the Charity can use to claim Gift Aid. As such, all Gift Aid metrics on the platform are representative of how much Gift Aid is eligible to be reclaimed, not a guarantee that the Charities have reclaimed Gift Aid.
14.3 At all times, a donor is responsible for informing and updating GiveWheel as to their respective eligibility to claim Gift Aid. GiveWheel is not responsible for use of inaccurate or out of date information provided by a donor. As such, GiveWheel shall have no further liability to you in respect of such claims or sums.
15.1 No cardholder data will be stored or processed by GiveWheel / on GiveWheel’s servers. All payment information will be processed by Stripe.
15.2 GiveWheel will only make payments to the bank account connected with Charities Trust OR the Stripe account you link from your Charity portal. Payment will not be made by any other means except at GiveWheel’s discretion.
15.3 If you provide us with (or let us continue to use) incorrect or out-of-date information about your Stripe account, we will not be responsible if the payment is not made, it is delayed, or it is made incorrectly as a result of that information.
15.4 We will pay out any pending balances on a regular monthly basis (typically 1st of the month). If you have any questions regarding receipt of payments, please contact us using the contact details provided on our website.
15.5 For any Stripe related queries regarding setting up and navigating your Stripe account, please contact Stripe using the details provided on their website.
15.6 If you are not a registered charity, GiveWheel reserves the right to donate the money to another charitable or community organisation at its full discretion.
15.7 GiveWheel will not make a payment of any kind to you if we are not reasonably satisfied that:
15.8 If a payment to your account is unsuccessful or a Stripe account is not linked, GiveWheel will hold onto the money as pending and make all reasonable efforts to contact the Charity.
16.1 Where payment is received through Charities Trust, this will be into the nominated bank account provided to them.
16.2 Where payment is received throgh Stripe, you will have the ability to nominate a bank account for withdrawals. Any cash withdrawal requests will be processed by Stripe. For any queries, issues or delays concerning balance payouts to this nominated bank account, please contact Stripe directly.
17.1 GiveWheel will make all information about all of the payments that we make to you, and any Fees and payments that we receive from you, available on your Charity Account. We may email you to let you know when the information is available for you to review, unless requested otherwise.
17.2 You must read the information referred to in Section 15 carefully. Contact us immediately using the contact details displayed on the GiveWheel Website if you believe there may be an issue with any transaction.
18.2 If a donor notifies GiveWheel that a donation that appeared to be intended for you was made by mistake or unauthorised:
19.1 In the instance that GiveWheel incorrectly transfers donations or any other payments to you, and the account details you have provided to Stripe are correct and up-to-date, we will amend your transaction history in your Charity Account to display the correct transaction detail.
20.1 All intellectual property rights in any material (including text, photographs and other images, trademarks and logos) contained in the GiveWheel Services have either been licensed to GiveWheel by the rights owner(s), or is owned by GiveWheel. Nothing in these Terms and Conditions shall operate as an assignment of any such intellectual property rights.
20.2 You, “the Charity,” hereby grants to GiveWheel, its affiliates and its partners a non-exclusive, worldwide and royalty-free licence to use your name and logo in connection with the performance and promotion of the Services, and licence to use these materials as part of any products or services produced by GiveWheel.
20.3 The licence shall terminate automatically on valid termination of your membership in accordance with section 5.
20.4 The Charity shall be liable for and shall indemnify GiveWheel, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by GiveWheel which arise (directly or indirectly) out of or in connection with any third party demand, claim or action alleging infringement of the third party’s intellectual property rights.
20.5 GiveWheel grants you a non-exclusive, worldwide licence to use its logo, graphics and other GiveWheel images (excluding submitted content such as photographs), such use to be in accordance with the “GiveWheel Brand Guidelines” (as found on the GiveWheel website and updated from time to time) and any directions issued by GiveWheel. GiveWheel reserves the right to revoke this licence or amend the GiveWheel Brand Guidelines at any time. All goodwill related to GiveWheel’s logo and brand will at all times remain with, and remain property of GiveWheel.
20.6 Except for as set out in section 5 (termination), the licences provided in this section 20 shall terminate automatically when your membership comes to an end. However, you acknowledge and agree that GiveWheel may not remove the content generated by a member or information displayed on the GiveWheel website unless requested to do so by the member and, to the extent required by GiveWheel, you will continue to grant a licence in accordance with section 20.
21.1 Information that you provide to us (and we retain about you) of a sensitive and confidential nature will not be disclosed to anyone, other than:
22.1 For any reason, GiveWheel may (at its sole discretion) without liability to the Charity, suspend the operation from time to time of any of the GiveWheel Services in full or in part at any time, for example, but without limitation, for repair / maintenance work or in order to update or improve the GiveWheel Services. We will try to inform you in advance of a suspension, but this may not always be possible. GiveWheel is not liable to you for any loss you may suffer as a result of the suspension of the GiveWheel Website.
22.2 GiveWheel reserves the right, at its complete discretion, to withdraw the GiveWheel Website and the associated GiveWheel Services from public access at any time. We will use all reasonable endeavours to notify you in advance and provide any support required, in the event that GiveWheel intends to rely on this clause.
23.1 We will not be liable to you for any breach of this agreement where the circumstances giving rise to the breach were due to abnormal and unforeseeable circumstances beyond our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary.
24.1 Nothing in this agreement shall act to exclude or limit GiveWheel’s, or the Charity’s, liability for fraud, or for death or personal injury resulting from its negligence or that of its agents, employees or subcontractors, or for any other liability that cannot be lawfully excluded. In no event, except as set out in this agreement, will GiveWheel be responsible for indirect losses which happen as a side effect of the main loss or damage, and which are not foreseeable by GiveWheel and your organisation (such as loss of opportunity or profits).
24.2 The Charity acknowledges and agrees that the GiveWheel Services its use of the GiveWheel services is at their own sole risk. GiveWheel Services are provided on an “as is” and “as available” basis. GiveWheel does not guarantee continuous, uninterrupted, virus or error free or secure access to our Services. Operation of these Services may be interfered with by factors outside of GiveWheel’s control. Except as expressly set out in these Terms and Conditions, on this basis, GiveWheel does not enter into conditions, warranties or other terms in relation to the GiveWheel Services, and they are excluded to the fullest extent permissible by law.
24.3 GiveWheel shall not be liable in any event (whether for breach of contract, negligence or for any other reason) for any loss or damage which the Charity may claim to have suffered by reason of its (or any donor, fundraiser or other user) accessing and use of (or inability to access and use) any part of the GiveWheel Services, including, but not limited to, loss of profits, exemplary or special damages, loss of sales, loss of Gift Aid, loss of donations, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, incidental consequential or special loss, however arising.
24.4 Subject to the other terms of this section 24, GiveWheel’s total aggregate liability arising under or in connection with the Charity (or any donor or other user) accessing and using, or inability to access and use, the GiveWheel Services shall be limited to the total fees paid under this agreement by the Charity during the preceding 12 months period ending on the date the circumstances giving rise to the liability arose.
24.5 From time to time, we may change the content and format of the GiveWheel Services. You should refresh its browser each time it visits the GiveWheel Website to ensure that you download the most up to date version of the Website, including the latest version of these Terms and Conditions.
24.6 You acknowledge that you use the GiveWheel Website at your own risk and GiveWheel is not liable for loss or damage that you may suffer through use of the GiveWheel website.
25.1 A person who is not a party to these Charity Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Charity Terms.
26.1 This agreement, and any contractual or non-contractual claim arising out of or in connection with your use of the GiveWheel Services, are governed by the law, and subject to the jurisdiction of the courts of the country set out in these country specific terms.
26.2 English law applies to this agreement and any matters will be dealt with by the courts of England and Wales. If your registered address is in Scotland, Scottish law applies and any matters will be dealt with by the Scottish courts. If your registered address is in Northern Ireland, Northern Ireland law will apply and any matters will be dealt with by the Northern Irish courts.
26.3 GiveWheel and the Charity shall comply with all applicable laws and regulations at all times, including but not limited to: