Welcome to Kindergifts

This page describes the terms and conditions (“Terms of Service”) of using the Website www.kindergifts.co.uk (“Website”) and related services, and what we kindly request from you in return as a user.

The full version of our Terms of Service is provided in Sections 1 to 16 below. Here is a summary of the key points you should know before using the Website:

• Kindergifts is an online invitation service that allows users to set up events, send invitations to guests, receive replies and collect money for a group gift and a donation to charity;
• You nominate the gift(s), the charity, and the percent of total funds raised by your event to be donated to that charity. The minimum percent to charity is currently set at 25%;
• Kindergifts splits the funds based on the percent to charity chosen by you. After the event is complete, you receive the amount raised for a gift and the charity receives the amount donated, net of transaction fees.
• You must provide us with valid bank account details so that we can transfer your gift amount to you. If we do not receive your payment instructions within three months of the event date, we will transfer your gift amount to your chosen charity;
• You can use our invitation, event management and fundraising service free of charge when you chose to give at least 25% percent of the total funds raised to one of Kindergifts’ charity partners;
• In return for our services, we charge a fee of 5% on the total funds raised by your event. These fees are deducted from the amount to charity along with payment processing fees charged by our payment providers. Charities typically recover the fees through the 25% Gift Aid collected on the qualifying donations made by your guests;
• Once users make a payment on the Website, we regret that we may not be able to make refunds unless in specific circumstances as outlined in Section 7 of these terms;
• Your privacy is very important to us and we will not use your details to send unsolicited email. Please read our Privacy Policy to learn how we protect your privacy;
• When you use our service to create an event, you must ensure that any content you upload does not infringe on the rights of others and is not defamatory, obscene or disrespectful to other users or the general public;
• Do not interfere with the security of or attempt to disrupt service or damage the integrity or content of our Website or related services.

If you do not agree to these rules, do not continue to use the Website and its related services. If you want to know more, below is the full version of our terms:

Welcome to Kindergifts! By using the website www.kindergifts.co.uk (“the Website”) and its related services (together with the Website, the “Service”) provided by Kindergifts Ltd, a limited liability company with its registered office in England and Wales (together with its subsidiaries, affiliates, agents, representatives, employees, officers, and directors, collectively, “Kindergifts”, “we” or “us”), you agree to be bound by these legally binding Terms of Service (the “Terms”) and to our Privacy Policy.

If you do not wish to the bound by these Terms, you should not continue to use the Website and our Services.

We may change these Terms from time to time. If we do so, we will notify you of such material changes via email or on the website. Such changes will never be retrospective. If you continue using our Service after a change has been made, this means that you accept the new Terms.

1. About Kindergifts

Our Service allows users to set up events, send invitations to guests and solicit payments to an event specific gift-charity fund (the “Event Fund”) as follows:

• A host (“Host” also referred to as a “Fundraiser”) organising an event (“Event”) can use the Website to send invitations to guests (“Guest” also referred to as “Donor”);
• Guests have the option to reply to the invitation and make online payments (“Contributions”) to the Event Fund for the purposes of collecting money for the Host’s gift (“Gift Amount”) and a donation to charity (“Charity Amount”);
• The Host must choose one of the charity partners (each a “Charity Partner”) listed on the Website and the portion of funds to be donated (“Donation”) to that Charity Partner;
• When Guests send money to Kindergifts, the Gift Amount is deemed gifted to the Host and the Charity Amount is deemed donated to the Charity Partner.
• Kindergifts issues an electronic donation receipt to the Guest on behalf of the Charity Partner for the amount donated.
• Prior to disbursements, the Event Fund is jointly owned by the Host and Charity Partner, in proportion to the percent to charity set by the Host, and is held and managed by Kindergifts in accordance with these Terms.

Our Website and related services provide examples of how the Event Fund may be used by the Host and the Charity Partners. However, Kindergifts does not guarantee that the Event Fund will be used in the exact same ways as described:

• Guests making Contributions to the Event Fund acknowledge that the Host has absolute discretion in the use of the Gift Amount and that the Charity Partners have absolute discretion in the use of the Charity Amount to fulfill their mission.
• Host and Guest users shall not hold Kindergifts responsible or in any way liable for the Charity Partners’ use of the Charity Amount. Guest users shall not hold Kindergifts responsible nor in any way liable for the way in which the Host uses the Gift Amount transferred to them.

2. Eligibility

You must be 18 years of age or older in order to use the Service. If you are under 18 years of age, you should use the Website under the supervision of your parent or guardian.

3. User Registration

You can browse the Website without creating an account. However, in order to become a Host, send invitations to Guests and collect funds you need to become a registered user (“Registered User”) by setting up an account and choosing a password.

You are responsible for the activity on your account and for keeping your password confidential. If you believe that the security of your account has been compromised, you should promptly notify us by email at support@kindergifts.co.uk.

Guest users can reply to an invitation and make a payment without being Registered Users. However, by continuing to access and use the Service, Guests accept and agree to be bound by these Terms.

Kindergifts does not independently verify the identity of each Registered User. If you receive an invitation sent via the Website from a Host who is unknown to you, you should exercise caution in deciding whether to reply and contribute money.

4. Our Charity Partners

Our Service allows you to fundraise for or donate to the Charity Partners listed on the Website. Charity Partners must meet a number of eligibility criteria for listing on the Website:

• Must predominantly benefit children and families living in the United Kingdom and/or the environment;
• Must operate on a local or regional level, or be part of a nation-wide charity with local branches that directly benefit the local community;
• Must have a UK management team and a UK bank account
• Must undertake charitable activities in the UK that are deemed to be charitable under UK laws and that are not solely intended for the advancement of religion or medical research.

Kindergifts carries out a number of verification procedures on a commercially reasonable basis to verify the identity of the Charity Partner. As part of this process, we conduct an on-site visit of the Charity Partner and hold induction meetings with the management team to discuss the Charity Partner’s mission, beneficiaries, key programmes, sources and uses of funds.

We have a contractual agreement with every Charity Partner to collect donations on its behalf. However, we cannot accept responsibility for the activities of the Charity Partner and do not warrant that your donations will be used in the exact same way as described in the Charity Partner’s page. Please note that the recipient organisation reserves the right to use your donation for their general purposes. If you want your donation to be used for a specific purpose, you should contact the organization directly and arrange to donate to them for that specific purpose.

5. Fees

Kindergifts charges a service fee (“Service Fee”) equivalent to five (5) percent of the funds raised for each Event in order to maintain its operations.

The Service Fee is deducted from the Charity Amount together with card processing fees charged by our payment providers (currently set at 1.4% + 20p per transaction for European cards and 2.9% + 20p per transaction for non-European cards). These fees can normally be recovered, in part or in whole, by the amount of Gift Aid reclaimed by the Charity Partner from the HMRC.

Our Service is free of charge to users when they choose to share twenty five (25) percent or more of the total funds raised from their Event with one of our Charity Partners.

6. Payment Terms

The Event is closed automatically five (5) days after the date of the Event (“Event Closing Date”) date and Guests can no longer contribute money to the Event Fund. At that point, all Contributions to the Event Fund are aggregated and split in the proportion chosen by the Host under Section 1. The Gift Amount is paid to the Host within fifteen (15) days from the end of the week in which the Event is closed.

If we do not have your bank account details, we cannot send your Gift Amount. Prior to the Event Closing Date, you will receive as a Host a reminder to confirm your bank payment details. If we do not receive your bank payment details prior to or on the Event Closing Date, payment may be delayed. If we still have not received your bank details within 3 months from the date of the Event, you acknowledge and accept that Kindergifts shall transfer the Gift Amount, previously designated to you, to the Charity Partner selected by you for your Event. You agree that you shall have no claim against Kindergifts as a result of your delay in providing bank account information.

As a Registered User you are responsible for ensuring that the bank account information provided to Kindergifts is accurate and up to date. Kindergifts is under no obligation to refund or recall funds transferred to an incorrect bank account due to incorrect information submitted by the Host.

7. Refunds

As a user, you are responsible for ensuring that the amount you pay through the Website is as intended. When a payment made through the Website is charged to your card, the transaction is final and cannot be disputed unless unauthorised use of your card is proved.

If you become aware of any payment error, please contact us immediately at support@kindergifts.co.uk. Kindergifts may be able to refund contributions, at our sole discretion, where we reasonably believe that a payment mistake has been made, and with the agreement of the Host and Charity Partner concerned, after deduction of related transaction fees. Kindergifts shall not make refunds under any other circumstances than payment errors or as required by law.

Where an Event has been cancelled or rescheduled to a different date than the date originally announced to Guests, contributions already made through the Website shall not be refunded. The funds collected shall be disbursed to the Host and Charity in accordance with these Terms.

8. Transaction Information

All information on the transactions we facilitate through the Website is provided to you through your Kindergifts Account. In addition, we provide Guest users with donation receipts electronically via email. We do not issue paper statements.

If you are unable to access your transaction information through the Website, please contact us at support@kindergifts.co.uk.

9. User Conduct on the Website

You are responsible for ensuring that all information provided by you to Kindergifts about yourself, including all information provided as part of the User Registration process and payment details, is accurate, complete and up-to-date.

You must at all times use the Website and its related services in a responsible and lawful manner for its intended purposes only as described in Section 1, and ensure that the content you provide does not infringe any third party rights or duty owed to a third party.

In particular, but not exclusively:

• You agree not to upload offensive, indecent, racist, defamatory, misleading or deceptive content including comments, images or other recordings on the Website or its related services. We reserve the right to remove any content posted on the Website or its related services at our sole discretion and without notice;
• You are responsible for ensuring that any information you provide to your Guests and the public through the Website is accurate and not misleading;
• You represent and warrant to Kindergifts that when you post an image or other content that feature an individual, you have that individual’s prior permission (or if a child is featured, you have the consent of that child’s parent or guardian) to publish the image or other content.

Kindergifts shall not be liable in any way for any content or information posted on the Website and its related services by any user or third party, including but not limited to, liability for errors or omissions in any content or information or for any loss or damage incurred as a result of the use of any such content or information posted, emailed or otherwise transmitted via the Service.

By submitting content on the Website you automatically agree to grant Kindergifts a worldwide, royalty-free, perpetual and irrevocable licence to use, reproduce, translate and modify any such content (in whole or in part) submitted by you.

As a user you may not:

• Remove or change anything on the Website;
• Use the Webstie to send junk email or spam people who do not wish to receive emails from you;
• Use the website to post advertisements, surveys, lotteries and competitions of any kind;
• Interfere with the security of the Website, render the Website inaccessible to others or otherwise damage the Website or its content. You may not attempt to access any parts of the Website that you are not authorised to access or alter its code or introduce any computer virus (including any malicious code or instructions);
• Disclose any information relating to any donor except with the consent of the donor or as permitted by law.

If you do not comply with the above rules, we reserve the right to close your account and remove any inappropriate content or information uploaded by you from the Website and its related services.

You agree to indemnify Kindergifts and hold us harmless against any liability, loss, expenses, costs or damages (including direct, indirect, or consequential losses, whether economic or otherwise, loss of profit, loss of reputation and all interest, claims, expenses, damages and other payments, penalties and legal and other professional costs and expenses) incurred by Kindergifts in connection with a breach by you of these Terms.

10. Intellectual Property

The names Kindergifts, Kindergifts.co.uk, logos and any service marks displayed on the Website (the "Trademarks") are the exclusive property of Kindergifts Ltd and may not be used in connection with any product or service that is not owned by Kindergifts or in any manner that may cause confusion about or may discredit Kindergifts. Other trademarkes, services marks, domain names or logos that appear on the Website are property of their respective third party owners and are likely to be registered trademarks with similar limitations of use.

All content on the Website and its related services is owned by Kindergifts, our Charity Partners or other content providers, and is protected by copyright, trademarks and other intellectual property rights. No information on the Website and its related services can be copied, reproduced or downloaded without our express written permission, and where applicable, that of the copyright holder.

You may only copy content for your own personal, non-commercial use provided that you do not alter it or remove any copyright or trade mark or other proprietary notice.

You are not permitted to copy, modify, reverse engineer or extract any information, source codes or underlying HTML from the Website or its related systems, software applications or services without our prior written consent. You agree that you will not use the Website in conjunction with any application or other technology that attempts to do any of the above prohibited operations or which otherwise causes the Website to operate in an unauthorised manner.

11. Privacy Policy

We will use any personal information collected from you in accordance with our Privacy Policy which is part of these Terms.

12. Changes to the Service

Kindergifts will make every effort to ensure continuous operation of the Webstie and its related services. However, we have the right to modify, suspend or discontinue all or any part of the Service without notice and without liability. Any new features, services or software applications will be subject to these Terms unless specifically specified otherwise.

13. Termination

You may discontinue using our Service at any point in time. These Terms will continue to apply to past use of the Service.

Kindergifts reserves the right at its sole discretion to suspend or terminate your access to all or part of the Service at any time and for any reason, especially if you breach these Terms. You agree that Kindergifts shall not be liable for any damages as a result of these actions, and it is our policy not to comment on the reasons for any such actions.

If we cancel or suspend your account, any active Event organised by you will be closed immediately and the funds disbursed in accordance with these Terms. Kindergifts may put on hold the disbursement of funds collected up to the date of cancellation or suspension if it is legally required to do so or if ordered by the relevant authorities.

14. Disclaimer and Limitation of Liability

You agree that your use of the Service is on an “as is” and “as available” basis and that your use of the Service is at your own risk.

Kindergifts does not guarantee continuous, uninterrupted or secure access to the Website and related services which may be interfered with by numerous factors outside of our control. To the fullest extent permitted by law, and except as expressly provided under these Terms, Kindergifts does not provide other conditions, guarantees, warranties and other terms in relation to its Website and related services.

We shall not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs or data due to your use of our Website or any third party website accesses from a link on our Website. We recommend that your computer and equipment have adequate anti-virus protection (e.g. using virus scanners) before downloading documents and data from this Website.

Kindergifts does not exclude its liability for death or personal injury resulting from its negligence, fraud, fraudulent misrepresentation or any other liability that may not be excluded or limited.

15. Applicable law

These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.

16. Contact

If you have any queries regarding the Website or the Terms of Use and/ or the Privacy Policy, please contact us at support@kindergifts.co.uk.

Last updated: March, 2017