GiveWheel Charity & Organisation Terms

Introduction

GiveWheel provides online fundraising and related services for Donors, Fundraisers and eligible non-profit Organisations.

These Terms apply to charities and other eligible non-profit organisations that create an Account or otherwise use the GiveWheel platform (“Organisation”, “you” or “your”).

By creating an Account, or by accessing or using the GiveWheel Services on behalf of an Organisation, you confirm that you are authorised to act on behalf of that Organisation and to agree to these Terms.

Throughout these Terms, “GiveWheel”, “we”, “us” and “our” refer to GiveWheel Ltd.

Separate terms may apply to specific GiveWheel products or services. Where they do, those terms will apply in addition to these Terms.

Our Privacy Policy also forms part of your use of GiveWheel and is available on our website.

If you have any questions, please contact us at [email protected].

1. Definitions

In these Terms:

Account means the GiveWheel account created by an Organisation to access the GiveWheel Services.

Donation means a payment made through the GiveWheel Services for the benefit of an Organisation.

Donor means a person or organisation making a Donation.

Fundraiser means a person or organisation creating or managing fundraising activity using the GiveWheel Services.

GiveWheel Services means the GiveWheel website, platform and any related products or services provided by GiveWheel.

Organisation means the charity, charitable organisation or other eligible non-profit organisation using the GiveWheel Services.

Payment Provider means Stripe, Charities Trust or any other third party used to process or distribute Donations.

2. Eligibility and Accounts

2.1 Eligibility

2.1.1 To create an Account, your Organisation must:

• be a UK charity, charitable organisation or other non-profit organisation approved by GiveWheel;
• successfully complete any identity or verification checks we require; and
• comply with these Terms.

2.1.2 We may approve or reject applications at our discretion.

2.1.3 Where applicable, Organisations intending to reclaim Gift Aid must be appropriately registered with HMRC.

2.2 Verification

2.2.1 We may carry out identity, compliance, anti-fraud or other verification checks before approving an Account or processing payments.

2.2.2 We may request additional information at any time.

2.2.3 We reserve the right to decline or remove any Account where we reasonably believe an Organisation does not meet our eligibility requirements or where continuing to provide our services would present legal, regulatory or reputational risk.

2.3 Accounts

2.3.1 Your Account allows you to:

• create and manage fundraising campaigns;
• access reports and analytics;
• manage payment settings;
• communicate with Fundraisers where appropriate;
• use any additional services we make available.

2.3.2 Your Account will remain active until it is closed by either you or GiveWheel under these Terms.

2.3.3 GiveWheel is not responsible for any unauthorised use of your Account resulting from your failure to keep your login credentials secure.

2.4 Receiving Donations

2.4.1 GiveWheel supports Organisations in two ways.

Accounts
Most Organisations use a free Account which provides access to fundraising tools, reporting, payment management and other platform features.

Donor Assist
In some cases, GiveWheel may assist Donors in making Donations to Organisations that do not hold an Account. In these circumstances, GiveWheel is providing services to the Fundraiser / Donor rather than the Organisation itself.

3. Fees

3.1 Platform fees

3.1.1 Creating and maintaining an Account is free.

3.1.2 There are no registration fees, monthly fees or platform fees for standard use of GiveWheel.

3.2 Optional services

3.2.1 From time to time, GiveWheel may introduce optional paid products, subscriptions or additional services.

3.2.2 Your Organisation is never required to purchase these in order to continue using the core fundraising platform.

3.3 Payment processing fees

3.3.1 Card payments are processed by third-party Payment Providers, including Stripe.

3.3.2 Payment processing fees charged by the relevant Payment Provider will apply.

3.3.3 Where Donations are processed through Charities Trust or another disbursement partner, additional fees may apply.

3.3.4 The latest fees are published on our Help Centre here: Fee Information

4. Communications

4.1.1 We will normally contact you using the email address associated with your Account.

4.1.2 You agree that we may contact you electronically regarding your Account.

4.1.3 Where necessary, we may also contact you by telephone or post, including via any contact details publicly available from the Charity Commission, particularly where this relates to:

• fraud;
• security;
• payment issues;
• legal or regulatory requirements; or
• important changes to the GiveWheel Services.

4.1.4 You are responsible for ensuring your contact details remain accurate and up to date.

5. Changes to these Terms

5.1.1 We may update these Terms from time to time.

5.1.2 Changes may be required because of:

• changes to applicable laws or regulations;
• improvements or changes to the GiveWheel platform;
• new products or services;
• changes to Payment Providers;
• security requirements; or
• clarification of existing provisions.

5.1.3 The latest version will always be available on our website. If changes to the Terms are related to fees or materially impact the Organisation's accessibility or use of the platform, GiveWheel will notify Account holders by email.

5.1.4 Your continued use of GiveWheel after updated Terms take effect constitutes acceptance of those changes.

6. Closing your Account

6.1.1 You may close your Account at any time by contacting us, or through our website enquiry form.

6.1.2 Closing your Account does not affect any Donations already received or any payments still due to your Organisation.

6.1.3 Where funds remain outstanding, GiveWheel will continue to process those payments in accordance with these Terms.

6.1.4 We may suspend your ability to receive new Donations while investigations are ongoing.

6.1.5 We may suspend, close or prevent repeat registration of your Account if:

• you breach these Terms;
• we reasonably suspect fraud or unlawful activity;
• required verification information is not provided;
• required payment details are missing or inaccurate;
• we are required to do so by law; or
• we reasonably believe continued access presents unacceptable legal, regulatory or reputational risk.

6.1.6 Where reasonably possible, we will notify you before closing an Account.

7. Your responsibilities

7.1.1 You agree to:

• keep your Account accurate and up to date, including the contact details and other operational details you provide through GiveWheel;
• comply with all applicable laws and regulations;
• comply with the Code of Fundraising Practice;
• ensure all fundraising carried out through GiveWheel is lawful;
• maintain all permissions, licences and registrations required for your activities;
• keep your login credentials secure; and
• use GiveWheel only for legitimate charitable purposes.

7.1.2 You must not:

• use GiveWheel for unlawful or fraudulent activity;
• upload or publish offensive, defamatory or misleading content;
• impersonate another Organisation;
• attempt to access another Organisation's Account;
• infringe another Organisation's intellectual property rights;
• attempt to interfere with the operation or security of GiveWheel; or
• misuse Donor or Fundraiser information obtained through the platform.

7.1.3 If you attempt any of the above actions on GiveWheel, we may suspend or close your Account.

7.1.4 You must notify GiveWheel promptly if your Organisation:

• ceases to carry on operating for charitable purposes;
• is subject to any investigation or inquiry which could result in the loss of the necessary authority for it to operate as a charity in accordance with applicable local laws;
• ceases to have the necessary authority to operate as a charity in accordance with applicable local laws.

8. Data protection

8.1.1 GiveWheel and each Organisation act as independent data controllers in relation to personal information shared through the platform.

8.1.2 Each party is responsible for complying with applicable data protection legislation, including the UK General Data Protection Regulation and the Data Protection Act 2018.

8.1.3 Where Donor or Fundraiser information is shared with your Organisation, you agree to:

• use that information only for legitimate purposes connected with your fundraising activities;
• keep personal information secure;
• comply with all applicable privacy laws;
• honour individuals' marketing preferences;
• not sell or disclose personal information to third parties unless permitted by law;
• retain personal information only for as long as necessary.

8.1.4 Marketing communications may only be sent where the individual has provided the necessary consent or another lawful basis exists.

8.1.5 Where Donor consent permits, GiveWheel may share supporter information with Organisations for fundraising administration and permitted communications.

8.1.6 You are responsible for ensuring that any communications you send comply with applicable law and the Code of Fundraising Practice.

9. Our responsibilities

9.1.1 We will:

• provide access to the GiveWheel platform;
• maintain appropriate security measures;
• process Donations using trusted Payment Providers;
• provide access to Donation reports and payment records;
• carry out reasonable maintenance and improvements to the platform; and
• comply with applicable laws relating to the services we provide.

9.1.2 Organisations, Fundraisers and other users are solely responsible for the accuracy, legality and appropriateness of any content they create or upload.

9.1.3 In instances where GiveWheel is made aware of content that is offensive, unlawful, or otherwise in bad faith, we reserve the right to remove it.

9.1.4 Where we become aware of unlawful or prohibited content, we may remove or disable access without prior notice.

10. Gift Aid

10.1.1 Where eligible, Donors will have the option to add a Gift Aid declaration to their Donation.

10.1.2 If your Organisation receives Donations through Charities Trust, Gift Aid will be reclaimed by Charities Trust where applicable and passed on to your Organisation.

10.1.3 If your Organisation receives Donations directly through Stripe, GiveWheel does not reclaim Gift Aid on your behalf. Instead, we will provide downloadable reports containing the information required to support your own Gift Aid claims.

10.1.4 Any Gift Aid estimates shown within the GiveWheel platform are provided for information only and do not guarantee that Gift Aid will be successfully reclaimed.

10.1.5 Donors are responsible for ensuring that any Gift Aid declaration they make is accurate and up to date. GiveWheel is not responsible for losses arising from incorrect or invalid Gift Aid declarations made by Donors or incorrect or unsuccessful Gift Aid claims made by your Organisation.

11. Payments

11.1.1 Payments are processed securely by our Payment Providers.

11.1.2 Depending on your chosen payment method, Donations will either:

• be paid directly through your connected Stripe account;
• be distributed through Charities Trust or another approved disbursement partner; or
• in exceptional circumstances, via bank transfer.

11.1.3 You are responsible for ensuring your payment details remain accurate.

11.1.4 Where payment information is incomplete, inaccurate or cannot be verified, we may delay payment until the issue has been resolved.

11.1.5 We may also temporarily withhold payments where reasonably necessary to investigate fraud, comply with legal obligations or resolve disputes.

11.1.6 We may request additional information before releasing any withheld funds.

11.1.7 Unless otherwise stated, pending balances are paid monthly. Payment dates may occasionally vary due to weekends, public holidays, Payment Provider processing times or exceptional operational circumstances.

11.1.8 For ticketed events, funds are withheld until the end of the event, in case of cancellation necessitating refunds.

11.1.9 If, after reasonable efforts to contact the Organisation have been unsuccessful and Donations have been held for a minimum of six months, GiveWheel reserves the right to redirect Donations to another charitable or community organisation.

11.1.10 We may delay or refuse payment where we reasonably believe:

• fraud has occurred or there is a high risk of fraudulent activity;
• legal or regulatory obligations require us to do so;
• the intended recipient cannot be verified;
• payment details are incomplete or incorrect; or
• further verification is required.

12. Data reporting

12.1.1 Your Account includes access to reporting and payment history.

12.1.2 These reports may include:

• Donations received;
• payment processing fees;
• Gift Aid eligibility information;
• payments made to your Organisation; and
• Fundraiser and Donor information, including marketing preferences where applicable.

12.1.3 You are responsible for reviewing these records and notifying us promptly if you believe any information is inaccurate.

13. Refunds and chargebacks

13.1.1 If a Donor tells us that a Donation was made in error or without their authorisation, we will investigate the circumstances.

13.1.2 If the Donation has not yet been paid to your Organisation, we may refund the Donor directly.

13.1.3 If the Donation has already been paid to your Organisation and we reasonably believe it was made in error or was unauthorised, you agree to cooperate in resolving the matter in accordance with your published refund policy and applicable law.

13.1.4 The Organisation remains responsible for funding refunds and chargebacks relating to Donations already paid to it.

13.1.5 Where a Payment Provider processes a chargeback after funds have been paid to your Organisation, GiveWheel may recover the relevant amount by:

• requesting repayment; or
• deducting the amount from future payments.

14. Intellectual property

14.1.1 All intellectual property rights in the GiveWheel platform, including software, branding, text, graphics, designs and other content, belong to GiveWheel or our licensors.

14.1.2 Nothing in these Terms transfers ownership of those rights.

14.1.3 You retain ownership of your Organisation's name, logo and other intellectual property that you have created or uploaded on GiveWheel.

14.1.4 By using GiveWheel, you grant us a non-exclusive, worldwide, royalty-free licence to use your Organisation's name, logo and branding for the purposes of:

• operating the GiveWheel platform;
• processing Donations;
• promoting GiveWheel and fundraising campaigns carried out through GiveWheel; and
• providing related services.

14.1.5 You confirm that you have the necessary rights to any content you upload to GiveWheel and that its use will not infringe the rights of any third party.

15. Complaints

15.1.1 GiveWheel will promptly respond to any complaints from Fundraisers, Organisations, or Donors regarding the GiveWheel Services.

15.1.2 GiveWheel will maintain records relating to complaints it receives.

16. Confidentiality

16.1.1 Both parties agree to keep confidential information received from the other party secure and confidential.

16.1.2 Confidential information may be disclosed only:

• where required by law;
• where necessary to provide the GiveWheel Services;
• to our professional advisers, auditors or insurers;
• where disclosure is authorised by the other party; or
• where the information is already publicly available through no breach of these Terms.

16.1.3 These obligations continue after your Account has been closed.

17. Suspension of services

17.1.1 We may temporarily suspend some or all of the GiveWheel Services where reasonably necessary without liability, including for:

• planned maintenance;
• emergency maintenance;
• security incidents;
• fraud prevention;
• legal or regulatory requirements; or
• improvements to the platform.

17.1.2 We are not responsible for losses arising from temporary interruptions that are reasonably necessary to operate, maintain or protect the platform.

18. Force majeure

18.1.1 Neither party will be responsible for delays or failures caused by events beyond its reasonable control.

18.1.2 These may include natural disasters, acts of government, industrial disputes, telecommunications failures, cyber attacks, power failures or failures of third-party service providers.

19. Liability

19.1.1 Nothing in these Terms limits or excludes liability where doing so would be unlawful, including liability for:

• fraud;
• fraudulent misrepresentation;
• death or personal injury caused by negligence; or
• any liability that cannot legally be excluded.

19.1.2 Subject to the above:

• GiveWheel provides its services on an "as available" basis;
• we do not guarantee uninterrupted or error-free operation of the platform;
• we are not responsible for losses caused by third-party Payment Providers, internet failures or events outside our reasonable control.

19.1.3 To the maximum extent permitted by law, GiveWheel will not be liable for:

• loss of revenue;
• loss of Gift Aid;
• loss of data;
• loss of business opportunity;
• loss of anticipated Donations;
• indirect loss; or
• consequential loss.

19.1.4 Our total liability arising from these Terms shall not exceed £10,000.

19.1.5 Nothing in this section affects your statutory rights.

20. Third-party services

20.1.1 The GiveWheel platform integrates with services provided by third parties, including payment processors and other technology providers.

20.1.2 Your use of those services may also be subject to their own terms and privacy policies.

20.1.3 GiveWheel is not responsible for the operation or availability of third-party services outside our reasonable control.

21. Changes to the GiveWheel platform

21.1.1 We continually improve the GiveWheel platform.

21.1.2 We may introduce, modify or remove features from time to time.

21.1.3 Where reasonably possible, we will provide advance notice of significant changes that materially affect your use of the platform.

22. Third-party rights

22.1.1 These Terms are between GiveWheel and your Organisation.

22.1.2 No third party has any right to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999.

23. Assignment

23.1.1 GiveWheel may assign or transfer its rights and obligations under these Terms as part of a merger, acquisition, corporate reorganisation or sale of business. Organisations may not assign or transfer their rights under these Terms without GiveWheel's prior written consent.

24. Governing law

24.1.1 These Terms constitute the entire agreement relating to your use of the GiveWheel Services.

24.1.2 These Terms are governed by the laws of England and Wales and any dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.

24.1.3 Both parties agree to comply with all applicable laws and regulations, including those relating to:

• anti-bribery and corruption;
• anti-money laundering;
• sanctions;
• modern slavery;
• tax evasion; and
• data protection.

24.1.4 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.

24.1.5 A delay or failure by either party to enforce any provision of these Terms does not waive the right to enforce it later.

Contact us

If you have any questions about these Terms or the GiveWheel platform, please contact:

GiveWheel Ltd
Email: [email protected]
Website: https://www.givewheel.com