JustGiving’s Terms of Service

Our terms of service describe what JustGiving does for you and the charities and other causes you support, and what we require of you as a user.

“Cause” and “cause” refers to charities and other causes you support through use of our service, including non-charitable JustGiving Crowdfunding.

“JustGiving” or “us” or “we” refer to the owner of the website, Giving.com Limited

“JustGiving Crowdfunding” or “crowdfunding” and related terms refer to certain non-charitable causes listed as such on the Website.

“Website” refers to https://www.staging.justgiving.com.

“You” and “your” refers to each user or viewer of the Website, including donors, charities, fundraisers and crowdfunders.

These terms of service apply in each country where we operate. Country-specific terms also apply to use of the service to support a Cause registered in the United Kingdom, Australia and New Zealand, the United States and Canada, and the Republic of Ireland and other countries in the Eurozone.

 

Summary

  • Online Giving — We operate a website that processes donations on behalf of the Causes featured on it. Please see https://www.staging.justgiving.com/about/fees for details about our fees.
  • Data Privacy — Your privacy is paramount to us. Our Privacy Policy shows you how we protect it.
  • User Conduct — If you create a JustGiving page or use any of our services, please remember JustGiving is for everyone. If we find offensive, defamatory, libelous, threatening, harassing, or obscene content on the Website, we will remove it and terminate your access. Please ensure the content you upload to the site, especially pictures and videos, does not infringe another person’s copyright.

 

Terms of Service

These terms of service (and the relevant country specific terms) (collectively, the “Terms”) “govern your use of the Website and its associated services. Please read these Terms carefully. Your use of the Website and/or and its associated services constitutes your assent to these Terms.

We may update these Terms from time to time. It is your responsibility to review these Terms wherever you access the Website. The latest version of these Terms will govern any future usage by you of the Website and its associated services. The date on which these Terms were last updated is stated at the end of this document.

 

About the Causes featured on the Website:

The Website and its associated services allow you to donate to and raise funds for any Cause listed on the Website. Every Cause featured has an agreement with JustGiving authorising JustGiving and/or JustGive (defined below) to collect donations on its behalf. Causes are listed on this Website at JustGiving’s discretion; however, we are not responsible for the activities of any Cause. 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.

NOTE: JustGiving Crowdfunding pages are not intended to raise money for charities, so you should read the description of them carefully and make your own decision regarding the authenticity and suitability of the recipient to receive your donation. It is your responsibility to ensure that the organisation or person to which you donate is the intended recipient.

 

Donations

Subject to the requirements of applicable local laws, and what we say below in relation to JustGiving Crowdfunding, once your donation is made it will only be refunded to you with the prior written consent of the Cause to whom it has been directed. In the event all funds have been paid out and there are no funds available for refund, JustGiving reserves the right to invoice or direct debit the Cause for the amount of the refund and the Cause must agree to settle that invoice within one (1) month of the date of the invoice.

For JustGiving Crowdfunding, JustGiving will process your donation via the payment method used at the time of donating. NOTE: no donations will be refunded for any reason, subject to applicable local laws. Occasionally, the person who created the page to which you have donated does not pass identity verification or other necessary checks, or there is some other reason that we cannot transfer the funds to them. If we are unable to transfer the funds to the Cause to which you donated, we will return your donation via the payment method from which you made the donation. If we are unable to return your donation via the payment method you used, your donation will be sent to another Cause, subject to the deduction of applicable transaction and payment processing fees.

 

Use of your donation

JustGiving 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 a Cause’s use of any donation you may make through the Website or its associated services or websites powered by us or for any misuse or non-use of such donations by a Cause. After donations are made, all further dealings are solely between you and the Cause to which you donated.

NOTE: For donations to JustGiving Crowdfunding pages, you may receive updates from the page creator to let you know more about their Cause. If you would like to stop receiving these emails, you will be able to select this option in the email footer in emails you receive from the page creator.

Please note that recipient organisations (excluding JustGiving Crowdfunding page creators) reserve the right to use your donation for their general purposes in accordance with their practices and rules. JustGiving shall not be responsible for ensuring that funds are earmarked for a particular appeal. If you want a donation to be used for a specific purpose or for a particular appeal, contact the organisation and make your donation directly to them.

JustGiving (or any payments processor or card brand we work with) will verify the identity of a JustGiving Crowdfunding page creator and undertake any other necessary checks before any funds raised are transferred to the page owner. JustGiving shall have no liability to donors whatsoever for any use or misuse of donations made to the JustGiving Crowdfunding page. The JustGiving Crowdfunding page may state that page owners will use donations only for specific purposes, but JustGiving cannot guarantee that they will use them for such purpose. If you have any doubts as to how the money will be spent you should contact the JustGiving Crowdfunding page owner directly to seek reassurance. It is your sole responsibility, as a user of the Website, to ensure that the cause stated to be supported on a relevant JustGiving Crowdfunding page is one that you wish to support.

 

JustGiving fees

For information about our fees please see https://www.staging.justgiving.com/about/fees.

 

Unauthorised donations

When you make a donation, the transaction is final and not disputable unless unauthorised use of your payment card or other payment method is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules. Similarly, if you experience any issues of this nature when using another payment method, such as PayPal, you should contact the provider of that payment method for assistance.

JustGiving will never email or phone you and ask you to provide all of your payment details.

 

Protecting your account

When you register with JustGiving and choose a password to protect your secure account, 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 and contact us using the details on our Contact Us page.

 

Information

JustGiving is not an accounting, taxation or financial advisor, and you should not rely on information given on the Website or its associated services to determine any consequences of making a donation to a Cause.

 

Privacy

JustGiving’s Privacy Policy forms part of these Terms. By agreeing to these Terms, you also give your consent to the way we handle your personal information under that Policy. Read our Privacy Policy.

 

User conduct

  • You must at all times use the Website and its associated services in a responsible and legal manner and ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party.
  • You must not upload offensive, obscene, racist, defamatory, misleading or deceptive content, including photographs, on to the Website or its associated services. JustGiving does not actively edit the Website but reserves the right to remove or edit any content posted on the Website or its associated services at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene, racist, defamatory, misleading, deceptive or otherwise inappropriate. If you notice any such content, please email us at help@justgiving.com .
  • If you build a fundraising page on JustGiving, you must ensure that any information you provide to the public is accurate and not misleading. It is your responsibility to ensure that the content you are uploading on your page (“Content”), including pictures, photographs and any videos, is your original work and/or you have the right and/or licence necessary to upload it and it is not copyright-protected. If it is copyright-protected, you must obtain the copyright owner’s written consent to use it. JustGiving reserves the right to remove any pictures, photographs, videos or copy from personal fundraising or JustGiving Crowdfunding pages at its sole discretion and without notice if their copyright status is in any doubt. If you suspect a breach of copyright on the Website, please email us at help@justgiving.com . Please note that by submitting and posting Content to the Website, you grant to JustGiving a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, modify, reproduce, publish, broadcast, display and distribute the Content in any format, using any medium, for the purpose of promoting JustGiving or a Cause, or for any other purpose that we deem appropriate.
  • You must not misrepresent your identity or affiliation with any other person or organization.
  • You must not use the Website to send junk email or “spam” to people who do not wish to receive email from you.
  • You must not use the Website to conduct, display or forward surveys, pyramid schemes or chain letters.
  • You must not use the Website to conduct, display or forward raffles, lotteries or contests.
  • You must not interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the JustGiving systems.
  • You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the site or any other web site.
  • You must not attempt to bypass the network firewall.
  • You must not use any party of the site which you are not authorized to use or devise ways to circumvent security in order to access part of the site which you are not authorized to access (includes scanning networks with intent to breach and/or evaluate security, whether or not the intrusion results in access).
  • You must not use or attempt to use the site for any unlawful, criminal, or negligent purposes (includes password cracking, social engineering, denial-of-service attacks, harmful and malicious destruction of data, and intentional invasion of privacy).
  • You must not disclose any information relating to any donor except with the consent of the donor or as permitted by applicable local laws. JustGiving reserves the right to cancel your access and delete any JustGiving page without notice in the event you fail to follow any of the above rules. JustGiving may also suspend or delete a JustGiving page if the relevant Cause is no longer receiving donations via JustGiving or is no longer active.

Building a JustGiving page in aid of a Cause in no way implies JustGiving’s or the Cause’s endorsement of your fundraising activity. Prior to commencing a fundraising activity, It is your responsibility to ensure that the benefitting Cause has no objection to the nature of the proposed activity. JustGiving reserves the right, at its absolute discretion and without notice, to cancel your personal fundraising page at the request of the Cause if the Cause, in its absolute discretion, deems your fundraising activity inappropriate or unnecessarily dangerous.

 

Links

The Website and its associated services contain links to other websites, including the websites of Causes. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any direct transactions with other people or organisations are your own responsibility.

 

Partner Services

JustGiving may from time to time select partners offering relevant information and services that we believe will enhance the Website. Whilst we will do our best to select reputable partners of, we are not responsible for any of the information or services offered by them, and if you choose to use their services, you do so at your own risk.

 

Trademarks

The names JustGiving, JustGiving Crowdfunding and Justgiving.com, the JustGiving logo and any other product and service names that we may present on the Website or its associated services from time to time may not be used in connection with any product or service that is not JustGiving’s, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit JustGiving. Other trademarks, service marks or logos that appear on the Website or its associated services, in particular (but not exclusively) those of member charities, JustGiving Crowdfunding pages or other organisations, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both JustGiving and the trademark owner.

 

Copyright

All content on the Website and its associated services is owned by JustGiving, our member charities, JustGiving Crowdfunding page creators or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trade mark or other proprietary notice, and that your usage complies with any requests you may receive from any person with rights in that content. No other use of the Website’s and its associated services’ content is permitted without the express prior permission of JustGiving, and, where applicable, the copyright holder.

 

Prohibition on data extraction and distribution

By visiting or using the Website or any of its associated services, you agree not to (and not to use any tool, program, script, browser extension or other technique, including bots, robots, spiders and scrapers and any similar tools or methods, in order to): (i) copy (except as authorised by these Terms), mirror, frame, index, scrape, mine or otherwise gather or extract any of the content or data from the Website or its associated services; or (ii) sell or distribute any data which is gathered or extracted in breach of these Terms, or which is based on or derived from any such data. JustGiving may take any measures it sees fit to block access to the Website and its associated services where it believes that these Terms have been or will be breached. You agree that you will not take any steps to try to circumvent these measures and that you will not take any steps to mask your IP address. You acknowledge and agree that where there is any actual or threatened breach of these Terms, damages may be an inadequate remedy and JustGiving shall be entitled, without prejudice to any other rights and remedies it may have, to seek an injunction or any other equitable relief for such breach. JustGiving may also request that you destroy any data you have gathered or extracted in breach of these Terms and you agree that you will comply with such request promptly and certify the same.

Inquiries and permission requests may be sent to  help@justgiving.com .

 

Changes to the service

JustGiving reserves the right to modify, suspend or discontinue all or any part of the Website and its associated services at any time with or without notice. All new features, services or software applications shall be subject to these Terms.

 

Failure to comply with these Terms

In the event that you fail to comply with these Terms, JustGiving reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services.

 

Termination

You may discontinue use of the Website and associated services at any time. These Terms will continue to apply to your past use.

 

Disclaimer and Limitation of Liability

You agree that your use of the Website and its associated services is on an “as is” and “as available” basis and that your use of the Website and its associated services is at your sole risk. JustGiving does not warrant or guarantee continuous uninterrupted or secure access to our services and operation of the Website and associated services may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms and except for the rights, guarantees and remedies which cannot be excluded, JustGiving does not provide other conditions, guarantees, warranties or terms in relation to the Website or its associated services, to the extent permissible by law. JustGiving shall undertake general maintenance and upkeep of the Website from time to time. During these periods, the Website and its associated services may not be available for use. In exceptional circumstances, the Website and associated services may also become unavailable at other times.

If found liable, JustGiving shall only be liable under these Terms for direct losses which are reasonably foreseeable and caused by JustGiving’s uncured material breach of these Terms or JustGiving’s negligence. JustGiving’s total liability to you arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the donations you have made using the Website in the preceding 12-month period, ending on the date the circumstances giving rise to JustGiving’s liability arose.

In no event shall JustGiving be liable for losses relating to any business of yours or lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time, even if JustGiving has been advised of the possibility of such damages. YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.

Nothing in these Terms excludes any statutory rights which may apply to your use of the Website and associated services which cannot be excluded, restricted or modified by contract.

 

Third party rights

A person who is not a party to these Terms has no right to enforce any term of these Terms.

 

TERMS FOR USERS SUPPORTING CAUSES REGISTERED IN THE UNITED KINGDOM

These additional terms apply and will prevail where you access the Website or associated services to make a donation to or raise funds for a Cause registered in the United Kingdom.

The local JustGiving entity and the company who provides the service to you is Giving.com Limited (registration no. 3871904), Approved Payment Institution regulated by the FCA (FRN 739668, whose registered office is at 5 Churchill Place, 10th Floor, London, United Kingdom, E14 5HU.

 

UK Tax Payers only: Gift Aid and tax

When you (i) donate to a charity and certain Community Amateur Sports Clubs (“CASCs”) on the Website or its associated services, (ii) confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme as they apply from time to time and (iii) elect to have JustGiving reclaim Gift Aid on behalf of the charity or CASC under the UK government’s Gift Aid scheme, JustGiving will reclaim GiftAid.

Every charity or CASC that is a member of JustGiving has an agreement with JustGiving authorising it to reclaim Gift Aid on its behalf. Charities and CASCs must be registered with the Charity Commission or exempt from registration for JustGiving to reclaim Gift Aid on their behalf. JustGiving also features certain not-for-profit and other organisations, which are not eligible for Gift Aid reclaim. Such organisations are clearly listed on the Website as not eligible for Gift Aid reclaim. In addition, donations to JustGiving Crowdfunding pages, including those that have a charitable purpose, are not eligible for Gift Aid. Donations to any of these Causes are not tax deductible.

In consideration of using the Website and associated services, we do accept a voluntary gratuity from the donor. All Donations are also subject to third party payment processing fees. Subscription fees also apply to member charities in the UK for additional services. For full details, please visit https://www.staging.justgiving.com/for-charities.

UK charities only: donation by SMS text message

JustGiving may offer a UK charity the option of donations being made via SMS text message from a UK mobile.  This service is provided by JustGiving and Fonix Mobile PLC of 23 Heddon Street, London, W1B 4BQ. If you have any questions or issues regarding this text giving service, please contact us using the details on our Contact Us page.

You may make a donation during the donation period by sending a text with the applicable campaign keyword to the applicable five-digit number (for example, 70255). To send a text donation, you must be aged 16 or over and obtain permission from the bill payer.

For each text message sent, you will be charged the donation amount plus your standard network message charge (which will vary depending on your service provider rates) and receive a reply confirmation text message; the charge will show on your bill and the sender will show, depending on the network provider, as a five-digit number or JustGiving.  No VAT will be charged on your donation.

Each text donation is subject to a transaction fee which will be deducted by JustGiving from the donation before forwarding the balance to the charity.  For further information about our fees, please see https://www.staging.justgiving.com/about/fees.

This text giving service can only be used from a UK mobile and does not include Channel Islands, Isle of Man or other non-UK mobile networks. If you donate using this service from a UK mobile when you are outside England, Scotland, Wales or Northern Ireland, you may incur additional network charges levied by your network operator.

Please note that this text giving service may not be supported by all Mobile Virtual Network Operators (MVNO). If a specific MVNO does not support the service, then following an attempt to donate via text message, no donation will be made, nor error message received.

There is a daily limit (12.00 am to 11.59 pm) of £40 on text donations per charity campaign, up to a monthly limit of £240 per month per mobile number. This means that you will not be able to donate more than £40 in a day using the same keyword and short code for the same donation amount from the same mobile number. Further text donations will not be accepted if you have already donated £40 by SMS text to the same charity campaign in one day, but you may still incur your standard network message charge.

If you send your text message to an incorrect mobile short code, or you otherwise fail to correctly follow the instructions in these terms of service, you will not make a donation to the charity, but you may still be charged your standard network message charge.

For any text message made or received, your internet service provider and/or network operator may apply additional data charges.

No refunds are available for any network charges incurred in relation to any text message made, received or for any misdialled short codes or misspelt keyword.

If you do not have sufficient credit in your mobile account or if you have sufficient credit for a standard network rate message but not for your donation or if you are otherwise unable to access the mobile short code because of any settings on your mobile account, your donation may be unsuccessful.

If you are an eligible UK taxpayer, the charity may be able to claim an additional 25p in Gift Aid from the Government for every £1 you donate. We may contact you by text on the mobile number you used to give you the opportunity to add Gift Aid to your donation. If you are sent a link to a page where you can submit your details then, as with any mobile browsing, you may incur charges from your network provider. If you are asked to text those details, then a standard network message charge (based on your service provider rates) will be incurred.

JustGiving, Fonix Mobile PLC, and their sub-contractors, subsidiaries and/or agencies, cannot accept any responsibility whatsoever for any technical failure, malfunction, congestion, capacity issues or any other problem with any telephone, telephone network or line, system, server, provider or otherwise which may result in any text being lost, delayed or not properly received and recorded.

 

Governing law; Dispute resolution

These Terms and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by English law.

The parties agree to submit all unresolved disputes between them to arbitration administered by the International Centre for Dispute Resolution (“ICDR”) and governed by the ICDR Arbitration Rules (“ICDR Rules”) then in effect, except that either party may seek injunctive relief for infringement of intellectual property rights or other proprietary rights in court. For all arbitrated matters, one (1) arbitrator will be appointed under the ICDR Rules, and the locale of arbitration will be London, England, unless the parties mutually agree to another locale before appointment of the arbitrator.

 

TERMS FOR USERS SUPPORTING CAUSES REGISTERED IN AUSTRALIA AND NEW ZEALAND

These additional terms apply and will prevail where you access the Website or associated services to make a donation to or raise funds for a Cause in Australia and New Zealand.

The local JustGiving entity and the company who provides the service to you in Australia and New Zealand is Everyday Hero Pty Ltd trading in Australia as JustGiving Australia and trading in New Zealand as JustGiving New Zealand, Level 12, 680 George Street, Sydney, NSW 2000 AUSTRALIA.

The times at which JustGiving shall undertake general maintenance and upkeep of the Website will usually be between 12.00am and 08.00 hours (GMT) at the weekends.

 

Governing law

These Terms and any dispute arising out of or in connection with your use of the Website or the associated services are governed by the law of New South Wales, Australia.

The parties agree to submit all unresolved disputes between them to arbitration administered by the International Centre for Dispute Resolution (“ICDR”) and governed by the ICDR Arbitration Rules (“ICDR Rules”) then in effect, except that either party may seek injunctive relief for infringement of intellectual property rights or other proprietary rights in court. For all arbitrated matters, one (1) arbitrator will be appointed under the ICDR Rules, and the locale of arbitration will be Sydney, Australia, unless the parties mutually agree to another locale before appointment of the arbitrator.

 

TERMS FOR USERS SUPPORTING CAUSES REGISTERED IN THE REPUBLIC OF IRELAND AND OTHER COUNTRIES WITHIN THE EUROZONE

These additional terms apply and will prevail where you access the Website and associated services to make a donation to or raise funds for a Cause registered in the Republic of Ireland or in any other country within the Eurozone.

The local JustGiving entity and the company who provides the service to you is MyCharity Limited (company number 397127), 70 Sir John Rogerson’s Quay, Dublin 2, Dublin D02 R296.

For a donor who makes a donation to a Cause registered in the Republic of Ireland or in any other country within the Eurozone, JustGiving will use the services of Hyperwallet, a global pay-out platform which is part of the PayPal group, to process and disburse the donation to the relevant Cause.

Governing law

These Terms and any dispute arising out of or in connection with your use of the Website or the associated services are governed by the laws of the Republic of Ireland, and the courts of the Republic of Ireland have exclusive jurisdiction.

 

TERMS FOR USERS SUPPORTING CAUSES REGISTERED IN THE UNITED STATES AND CANADA

In fundraising campaigns for certain Causes on the JustGiving website, donations are made either (i) through The Blackbaud Giving Fund, a donor advised fund (“DAF”) recognized by the Internal Revenue Service (“IRS”) under Section 501(c)(3) of the Code as a tax-exempt public charity (Federal Tax ID: 46-0942102) or (ii) directly to the organization if the organization has set up a Blackbaud Merchant Services account (“BBMS”).

When you make a donation to support a Cause which has not registered with BBMS

These Terms of Service (“Terms”) constitute a binding agreement between you, JG US, Inc. (“Blackbaud,” “we,” “our,” or “us”) and The Blackbaud Giving Fund and govern your use of our websites, subdomains, and any other websites or mobile applications referencing, embedding or linking to these Terms. By using this technology platform, you (i) agree that these Terms are supported by reasonable, valuable, and sufficient consideration, (ii) acknowledge the receipt of such consideration, and (iii) state that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use this platform.

  1. All donations made using this platform are made to The Blackbaud Giving Fund, a donor advised fund (“DAF”) recognized by the Internal Revenue Service (“IRS”) under Section 501(c)(3) of the Code as a tax-exempt public charity (Federal Tax ID: 46-0942102). (Blackbaud may act as an agent of The Blackbaud Giving Fund for the purposes of receiving such donations but such donations, once made, belong to The Blackbaud Giving Fund.) The Blackbaud Giving Fund receives donations and disburses those funds to charities in the form of grants to further charitable and educational purposes.
  2. When you make a donation to The Blackbaud Giving Fund, you recommend that The Blackbaud Giving Fund make a corresponding grant to a charity in the amount of your donation. By making such a recommendation, you certify that the grant will not be used to confer a personal or more than incidental benefit on you, any member of your family, or any entity affiliated with or controlled by you. You also certify that no grant recommended by you will be made to (i) to permit participation in an event (such as a dinner, gala, raffle, or auction), (ii) to pay for goods or services received by you, your family member(s) or any other person (such as membership fees, tuition, tickets for events, goods from a charitable auction or other goods and services) or (iii) to support a political campaign or lobbying activity. You should be aware that IRS penalties may apply if you recommend a grant that results in impermissible benefits.
  3. The Blackbaud Giving Fund will make reasonable efforts to grant the funds you donate to your recommended charity. You acknowledge that any grants made by The Blackbaud Giving Fund will be made in accordance with The Blackbaud Giving Fund’s policies. You understand that The Blackbaud Giving Fund, as required by law, retains exclusive legal control over all donations and may redirect funds to another qualifying charitable organization if it is unable to follow your recommendation.
  4. As required by law, in order for your donation to a DAF, such as The Blackbaud Giving Fund, to be considered tax- deductible, it must be a final and irrevocable gift to The Blackbaud Giving Fund. Refunds may only be granted by exception, in accordance with The Blackbaud Giving Fund’s policies and only when the funds have not already been granted to the receiving (or other) charity. The Executive Director of The Blackbaud Giving Fund shall have discretion for considering appropriate refund requests (e.g., certain donor errors, errors caused by certain technical issues, fraud transactions, etc.). If The Blackbaud Giving Fund has already disbursed the funds associated with a donation in a grant to the designated (or other) charity, the donor must request any refund from such charity recipient. If such charity recipient agrees to such request, then The Blackbaud Giving Fund may refund the donor the donation amount back to the credit card used for the donation. In such case, the refunded amount may then be deducted from The Blackbaud Giving Fund’s next grant to such charity. The Blackbaud Giving Fund will not consider requests for refunds more than 180 calendar days from the date of initial donation. In addition, The Blackbaud Giving Fund will not refund a donation from a previous tax year after March 31 of the following year. If a donation is refunded, such donation is not eligible for a tax deduction.
  5. Blackbaud, in its capacity as agent for The Blackbaud Giving Fund, will provide a receipt to you in the name of The Blackbaud Giving Fund for your donation. For tax deduction purposes, you should disregard any tax receipt that you may receive from the charity you designated (or any other charity) documenting The Blackbaud Giving Fund’s grant to such charity.
  6. In connection with your donation, you may have the option to make a voluntary contribution to Blackbaud (otherwise known as JustGiving from Blackbaud). Making such a contribution to Blackbaud helps Blackbaud defray the costs of processing donations, which in turn helps Blackbaud reduce or eliminate fees charged to charities using the platform. Any such contribution is a contribution to Blackbaud and is not a charitable donation.
  7. Your personal data will be treated in accordance with our and The Blackbaud Giving Fund’s privacy policies, and unless you have elected to donate anonymously, will be shared with the charity you have designated to receive the grant from The Blackbaud Giving Fund.
  8. You agree to indemnify, defend, and hold harmless each of Blackbaud and The Blackbaud Giving Fund and their respective affiliates and each of their officers, directors, employees, agents, and assigns (“Indemnitees”) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to (a) your use of, or activities in connection with, Blackbaud and The Blackbaud Giving Fund; or (b) your violation of these Terms. Each of Blackbaud and The Blackbaud Giving Fund reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Blackbaud’s or The Blackbaud Giving Fund’s defense of such claim.
  9. You hereby irrevocably waive and release the Indemnitees from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you may have with any other user of Blackbaud’s giving platform and The Blackbaud Giving Fund. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction in which any other statute or common law principles of similar effect applies, you waive the application of such statute or common law with respect to the claims, demands and damages (actual and consequential) released under this paragraph.
  10. You acknowledge and agree that any and all claims, controversies, or disputes between you and Blackbaud or The Blackbaud Giving Fund (including without limitation those involving federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
  11. You, Blackbaud and The Blackbaud Giving Fund agree that each of us may bring claims only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless you, Blackbaud and The Blackbaud Giving Fund agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other donors or charities. If a court decides that any provision of this paragraph is invalid or unenforceable because it would prevent the exercise of a nonwaivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of this agreement to arbitrate shall be arbitrated under its terms.
  12. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. Any arbitration will be conducted by the American Arbitration Association (referred to as the “AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this agreement to arbitrate. The AAA’s rules are available at www.adr.org. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. Any arbitration award issued by the arbitrator(s) shall be final and binding and shall be enforceable in any court of competent jurisdiction.
  13. A copy of The Blackbaud Giving Fund’s latest financial report, registration filed by this organization, and a description of its programs and activities may be obtained by contacting The Blackbaud Giving Fund at 65 Fairchild Street, Charleston, SC 29492, 202-538-0888. The Blackbaud Giving Fund was formed in Delaware. If you are a resident of one of the following states, you may obtain financial information directly from the state agency:
    1. Florida: A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE, WITHIN THE STATE, 1-800-435-7352 (800-HELP-FLA), OR VISITING www.FloridaConsumerHelp.com. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. Florida Registration #CH63831.
    2. Georgia: A full and fair description of our programs and our financial statement summary is available upon request at our office and phone number indicated above.
    3. Maryland: For the cost of copies and postage, from the Office of the Secretary of State, State House, Annapolis, MD 21401. (410) 974-5534.
    4. Mississippi: The official registration and financial information of (THE BLACKBAUD GIVING FUND) may be obtained from the Mississippi Secretary of State’s office by calling 1-888-236-6167. Registration by the Secretary of State does not imply endorsement.
    5. Nevada: Contributions may be tax deductible pursuant to the provisions of sec. 170(c) of the Internal Revenue Code of 1986, 26 U.S.C. §170(c).
    6. New Jersey: INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION AND THE PERCENTAGE OF CONTRIBUTIONS RECEIVED BY THE CHARITY DURING THE LAST REPORTING PERIOD THAT WERE DEDICATED TO THE CHARITABLE PURPOSE MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING 973-504-6215 AND IS AVAILABLE ON THE INTERNET AT: https://www.state.nj.us/lps/ca/charfrm.htm. REGISTRATION WITH THE ATTORNEY GENERAL DOES NOT IMPLY ENDORSEMENT.
    7. New York: Upon request, from the Attorney General’s Charities Bureau, 28 Liberty Street, New York, NY 10005, 1-212-416-8686 or www.charitiesnys.com.
    8. North Carolina: Financial information about this organization and a copy of its license are available from the State Solicitation Licensing Branch at 1-919-814-5400. The license is not an endorsement by the state.
    9. Pennsylvania: The official registration and financial information of (THE BLACKBAUD GIVING FUND) may be obtained from the Pennsylvania Department of State by calling toll-free, within Pennsylvania, 1-800-732-0999. Registration does not imply endorsement.
    10. Virginia: From the State Division of Consumer Affairs, Department of Agricultural and Consumer Services, PO Box 1163, Richmond, VA 23218.
    11. Washington: From the Secretary of State at 1-800-332-4483 or https://www.sos.wa.gov/charities/.
    12. West Virginia: West Virginia residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, WV 25305. Registration does not imply endorsement.
    13. Wisconsin: A financial statement of the charitable organization disclosing assets, liabilities, fund balances, revenue and expenses for the preceding fiscal year will be provided to any person upon request.

 

REGISTRATION WITH A STATE AGENCY DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, APPROVAL OR RECOMMENDATION BY THAT STATE.

The Blackbaud Giving Fund’s financial statements are freely available online, or you can request them by writing to “The Blackbaud Giving Fund, Executive Director” at The Blackbaud Giving Fund, 65 Fairchild Street, Charleston, SC 29492. You can also find additional information about The Blackbaud Giving Fund on its website: www.blackbaudgivingfund.org.

 

When you make a donation to support a Cause which has registered with BBMS

When you make a donation to support a Cause set up a BBMS account, you are making a complete and final charitable donation directly to the charity you selected. In rare instances, The Blackbaud Giving Fund and/or JustGiving may determine that it would be inappropriate or improper to disburse the funds designated for a Cause because, for example, the Cause is no longer recognized as a public charity, or is no longer in good standing with state or federal regulations, in which case, The Blackbaud Giving Fund and/or JustGiving may, in its sole discretion, disburse the donation to another charity (as determined by The Blackbaud Giving Fund and/or JustGiving).

 

Intellectual Property Complaints

JustGiving respects the intellectual property rights of others and requires those that visit the Website do the same. If you believe that your work has been used on the Platform in any manner that constitutes infringement, please notify us at AUP-Violation@blackbaud.com . The notice should include the following information:

  • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
  • A description of the work you claim has been infringed, including a copy of the work or the web page address where the work may be found;
  • Identification of the location on the Website of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
  • Your name, address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the owner, the agent of the owner or the law; and
  • A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the owner of the material allegedly infringed or authorized to act on the owner’s behalf.

 

No Class Action

YOU AND JUSTGIVING AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR JUSTGIVING WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR JUSTGIVING ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND JUSTGIVING FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, JUSTGIVING, AND ALL PARTIES TO ANY SUCH PROCEEDING.

These Terms and any dispute arising out of or in connection with your use of the Website or the associated services are governed by, and shall be construed in accordance with, the laws of the State of New York, without giving effect to its conflicts of laws provisions.

 

Users under 18

It is a condition of use of the Website that fundraising may only be conducted by users over the age of 18.  Persons under the age of 18 may create crowdfunding pages using our Website only with parental consent and supervision. The supervision requirements are as follows:

  • Children under the age of 18 using JustGiving services or creating a fundraising page must do so under the direct supervision of an adult.
  • If you have any concerns whatsoever about a child’s use of our services, please notify us immediately by emailing us at  help@justgiving.com .

 

ADDITIONAL TERMS FOR JUSTGIVING CROWDFUNDING PAGE CREATORS

If you create a JustGiving Crowdfunding page on the Website the following terms, in addition to the Terms of Service, will apply to your dealings with JustGiving in relation to the relevant JustGiving Crowdfunding page and your use of the Website and associated services. To the extent there is any conflict between these additional terms and the core Terms, these additional terms will prevail.

 

Donations

JustGiving will:

  • Operate the Website so that donors can make online donations by credit or debit card, or by another payment method available on the Website, through your JustGiving Crowdfunding page;
  • Pay out by bank transfer to your bank account, or by any other payment method that you have selected via the Website, provided that you have passed identity verification and other necessary checks. If you do not pass these checks within 30 days from your first donation all funds received will be refunded and your page will be taken down. If funds are unable to be refunded, they may be redirected to a registered charity at JustGiving’s discretion.  JustGiving may allow an additional 30 days to verify your identity and bank account ownership; and
  • Implement and maintain industry standard safeguards designed to protect against unauthorized access or use of (i) donors’ credit and debit card information, and other financial information associated with other payment types.

 

Support and Donation Acknowledgements

JustGiving will respond, either by email or live chat as appropriate, to donors’ and fundraisers’ enquiries received by JustGiving, in accordance with the Contact Us page on the Website.

 

Personal Information

JustGiving will collect personal information from donors including but not limited to the donor’s name, title, address and email address (“Personal Information”) at all times in accordance with applicable laws, including the EU General Data Protection Regulation and the UK Data Protection Act 2018 (“Privacy Laws”) and protect and secure such information.

 

Compliance

You and JustGiving will comply with all applicable laws.

 

Intermediary

JustGiving does not review or exercise any editorial control over the content of information on your JustGiving Crowdfunding page. In the event that JustGiving is made aware of or has knowledge of any unlawful activity or information on the Website or associated services, JustGiving shall act to remove or disable access to the information. JustGiving shall not be liable to you or the JustGiving Crowdfunding page as a result of its role hosting your JustGiving Crowdfunding page on the Website.

 

JustGiving Crowdfunding creator obligations

It is JustGiving’s policy that all crowdfunding campaigns must serve a purpose that benefits the public good. JustGiving retains the unrestricted ability to reject or terminate a campaign in its sole discretion when JustGiving believes the burdens of continuing a campaign are not in its best interest. In rejecting or terminating a campaign, JustGiving is not passing judgment on the worthiness of the campaign or its cause, but rather exercising its prerogative to avoid any controversy that could potentially injure its reputation.

You agree that:

  • Where applicable, you shall ensure that any person or organisation for which you have created a JustGiving Crowdfunding page agrees to you raising funding on its behalf for the purposes and in the manner set out on your JustGiving Crowdfunding page;
  • If your use of the Website and/or associated services results in access to any Personal Information you shall: (i) at all times assist with the responsibilities of JustGiving, as a data controller responsible for determining how the Personal Information is processed under the provisions of the Privacy Laws; (ii) not do, or cause or permit to be done, anything which may result in a breach by JustGiving of the Privacy Laws and comply with all reasonable instructions from JustGiving relating to the processing by you and/or the JustGiving Crowdfunding page of such Personal Information; (iii) comply with the Privacy Laws in respect of your and/or the JustGiving Crowdfunding page’s collection, use, disclosure or processing of the Personal Information; (iv) abide by the lawful instructions of all data subjects in respect of the Personal Information and not do anything to compromise the security of such information; (v) not sell, trade or rent Personal Information to third parties; (vi) hold the Personal Information securely and not disclose it to anyone other than JustGiving, as agreed to by the data subject and/or as permitted by Privacy Laws; (vii) implement adequate administrative, technical and physical safeguards against all unauthorised, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with Privacy Laws, and abide by JustGiving’s reasonable requirements to ensure the security of the Personal Information as notified to you from time to time; (viii) use Personal Information appropriately and only for the specific purposes as notified to you from time to time, including by way of the applicable privacy policy available on JustGiving’s Website; (ix) only communicate with donors where they have agreed to receive further communications from you and/or the JustGiving Crowdfunding page, and only to the extent that they have indicated their preference to do so (for example in relation to communications for a specific fundraising event only); (x) not retain any Personal Information for longer than is necessary; and (xi) to the extent legally permissible, you shall indemnify and hold harmless JustGiving, its successors and assigns, from and against all losses, costs and other damage caused by your and/or the JustGiving Crowdfunding page’s breach of this paragraph; and
  • You shall maintain any necessary authority, permit, licence, consent, approval and registration for you to fundraise (and, where applicable, for JustGiving to fundraise on your behalf) in accordance with applicable laws and if JustGiving needs any such authority, permit, licence, consent, approval or registration for it to fundraise on behalf of the JustGiving Crowdfunding page then you will, at no cost to JustGiving, provide all such assistance as JustGiving reasonably requires to assist JustGiving with the same. You agree that you shall inform JustGiving immediately if, for any reason, you and/or the JustGiving Crowdfunding page cease(s) to maintain the necessary authority, permit, licence, consent, approval and/or registration to operate the fundraising activities in relation to the JustGiving Crowdfunding page in accordance with applicable local laws.
  • By building a JustGiving Crowdfunding page you represent, warrant and undertake to JustGiving and the users of the Website that:
    • each time you use the Website or associated services, and in particular when you create a JustGiving Crowdfunding page, you will comply with JustGiving’s guidelines that apply to JustGiving Crowdfunding pages at that time ( available here);
    • you will provide feedback via your JustGiving Crowdfunding page on the Website, including at the end of the fundraising period to explain what outcome has been or will be achieved as a result (including how any funds raised in excess of your target will be used);
    • you will ensure all donations provided to the JustGiving Crowdfunding page will be used for the purposes set out on your JustGiving Crowdfunding page; and
    • you will ensure no fraudulent, criminal or otherwise improper uses will be made of donations made via your JustGiving Crowdfunding page.

 

Minimum age

JustGiving Crowdfunding is not directed to anyone under 13 years of age. If you are under 13, you are not authorised to use JustGiving Crowdfunding. If you are between 13 and 18 years of age, then you may only set up a JustGiving Crowdfunding page if you have your parent’s or guardian’s approval. Please ensure that your parent or guardian understands that you will be responsible for using the funds in accordance with these Terms.

 

Licence of Trademark and Copyrighted Material

You hereby grant to JustGiving, its affiliates and its partners a non-exclusive licence to use any of your JustGiving Crowdfunding page’s trademarks and any copyrighted material on your page (including images and videos or any link to the same) solely in connection with the Website and associated services and its operation and promotion and for no other purpose whatsoever.

 

Disclaimer and Limitation of Liability

Notwithstanding the provisions of the “Disclaimer and Limitation of Liability” section of the core Terms, JustGiving’s total liability to you arising under or in connection with these Terms, so far as such liability arises out of or relates to your creation and/or use of a JustGiving Crowdfunding page, shall be limited to the total fees paid by you to JustGiving under these Terms for your use of the Website and associated services during the preceding 12 month period ending on the date the circumstances giving rise to the liability arose.

In no event shall JustGiving be liable for losses relating to any business of yours or lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time, even if JUSTGIVING has been advised of the possibility of such damages. YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.

 

Confidential Information

The parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of the Website and associated services and which is not in the public domain. No party shall use or disclose to any third party such information belonging to the other party without that party’s prior written consent, except where (i) required to do so by applicable law, including, without limitation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, or regulatory or governmental body or (ii) those third parties operating under non-disclosure provisions no less restrictive than those set forth in this agreement and who have a justified business “need to know.” This paragraph shall survive termination of these Terms. For the avoidance of doubt, Personal Information shall be treated in accordance with Applicable Laws and shall not be considered “confidential information” belonging to a party unless it is the Personal Information of a crowdfunder.

 

Termination

JustGiving reserves the right, at its sole discretion, to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services. The obligations contained herein will continue to apply to your past use.

Upon termination or suspension or denial of access to the Website and associated services, funds already received on your behalf by JustGiving will be handled in accordance with the provisions above, provided that any potential payment (where applicable) may be delayed where JustGiving conducts an investigation regarding your use of the Website and associated services and JustGiving may decide to refuse to pay funds across to you where you have breached these Terms or your JustGiving Crowdfunding page has been removed. In such circumstances JustGiving may authorise a refund of donations to donors.

 

Last updated: September 2023

 

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