Terms and conditions for charities
By becoming a member of FundraizingHero you are agreeing to these Terms and Conditions. If the Charity does not wish to be bound by these Terms and Conditions, the Charity should not continue to use or access any of the FundraizingHero Services (as defined below).
FundraizingHero online services www.fundraizinghero.com allows supporters to register their activity on behalf of there chosen charity and for charities to access data about the activities registered. These terms and conditions govern the charity’s use of the FundraizingHero Services.
FundraizingHero may change or update these terms and conditions from time to time. The current version of the Terms and conditions will be available in the admin area. It is the charity’s responsibility to access and check these terms and conditions whenever the charity accesses or uses the FundraizingHero services.
For the purposes of these Terms and Conditions the “Commencement Date” shall mean the date from which the charity is notified that the charity has been successfully registered to use the FundraizingHero services. FundraizingHero shall provide the FundraizingHero services to the charity and the charity shall comply with these Terms and Conditions until the membership is terminated.
Monthly Subscription Plan: Membership is for a minimum period of one month from the Commencement Date and automatically renews from month to month until terminated.
Yearly Subscription Plan: Membership is for a minimum period of twelve months from the Commencement Date and automatically renews from year to year until terminated.
2.1 By signing up your charity you agree to become a data controller, personally responsible for the lawful processing of any information provided to you on FundraizingHero, for example, email addresses of supporters or names and activity information entered on our registration pages. You will only use information about Supporter to communicate with Supporters in relation to their interactions with you on FundraizingHero and in a lawful manner.
2.2 You must provide Supporters with a way to withdraw their consent for the processing of their information, delete their data from your records and observe all legal requirements for the processing of personal information made available to you by FundraizingHero. We add an message function and display your contact information on your page to allow supporters to get in touch with you we also feature a delete function for you to remove their data.
2.3 Your charity must be a registered charity with a valid registered charity number to use this service.
2.4 Your charity will ensure that all content (including text and logos) entered or uploaded on FundraizingHero will not violate any law or regulation or breach any intellectual property rights of a third party.
2.5 The Charity will maintain the security and confidentiality of any passwords they set using FundraizingHero for the purpose of accessing the Charity admin account and shall not share these passwords with any third party. FundraizingHero shall not be liable for and accepts no responsibility for misuse of any Charity admin account.
2.6 To the extent that the Charity’s use of the FundraizingHero services results in access to any Personal Information, the Charity will:
- at all times assist with the responsibilities of FundraizingHero, as a data controller responsible for determining how the Personal Information is processed under the provisions of the Global Privacy Laws;
- not do, or cause or permit to be done, anything which may result in a breach by FundraizingHero of the Global Privacy Laws and comply with all reasonable instructions from FundraizingHero relating to the processing by the Charity of such Personal Information;
- comply with the Local Privacy Laws in respect of the Charity's collection, use, disclosure or processing of the Personal Information;
- 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;
- not sell, trade or rent Personal Information to third parties;
- not retain any Personal Information for longer than is necessary.
Protecting your Password
3.1 It is your responsibility to keep this password safe and ensure that it is not disclosed to any third party. If you become aware that unauthorised use of your password has, or may take place, you are advised to change your password immediately by following the on-Site instructions;
3.2 FundraizingHero strongly recommends its users to select a strong password combining uppercase and lowercase alpha-numeric characters with a minimum length of 8 digits.
Intellectual property rights and licence
4.1 All intellectual property rights in any materials (including our fundraising packs, certificates, illustrations and template designs) contained in the FundraizingHero Services are owned by FundraizingHero. Nothing in these Terms and Conditions shall operate as an assignment of any such intellectual property rights.
4.2 The Charity hereby grants to FundraizingHero, royalty-free licence to use its name and logo in connection with the performance and promotion of the FundraizingHero Services. The licence shall terminate automatically on valid termination of the Charity's membership.
4.3 The Charity shall be liable for and shall indemnify FundraizingHero, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by FundraizingHero which arise (directly or indirectly) out of or in connection with any third party demand, claim or action alleging infringement of the third party’s intellectual property rights.
5.1 A monthly or yearly subscription fee is payable via automated credit or debit card payments or via BACs Direct Debit. FundraizingHero retains the right to suspend the Charity’s use of the FundraizingHero Services at any time should collection of this amount not be successful for any reason In this situation, the Charity will only be granted access to the FundraizingHero Services until any outstanding subscription fees have been received.
6.1 FUNDRAIZINGHERO DOES NOT, AND NOTHING IN THESE TERMS AND CONDITIONS SHALL ACT TO, EXCLUDE OR LIMIT FUNDRAIZINGHERO’S OR THE CHARITY’S LIABILITY: (1) FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE; (2) FRAUD; (3) UNDER ANY INDEMNITY CONTAINED IN THIS AGREEMENT; OR (IV) ANY OTHER LIABILITY WHICH MAY NOT BY APPLICABLE LAW BE EXCLUDED OR LIMITED.
6.2 The Charity agrees that the FundraizingHero services are provided on an "as is" and "as available" basis and that its use of the FundraizingHero services is at the Charity's sole risk. FundraizingHero does not guarantee continuous, uninterrupted, error or virus free or secure access to our Services and operation of the FundraizingHero services may be interfered with by numerous factors outside of FundraizingHero’s control. On that basis, except as expressly set out in these Terms and Conditions, FundraizingHero does not enter into conditions, warranties or other terms in relation to the FundraizingHero services, and they are excluded to the fullest extent permissible by law.
6.3 Subject to Section 5.1, in no event shall FundraizingHero be liable (whether for breach of contract, negligence or for any other reason) for any loss or damage which the Charity may claim to have suffered by reason of its (supporter, fundraiser or other user) accessing and use of (or inability to access and use) the FundraizingHero services OR ANY PART OF THEM, including (but not limited to) loss of profits, exemplary or special damages, loss of sales, LOSS OF DONATIONS, LOSS OF GIFT AID, loss of revenue, loss of goodwill, loss of any software or data, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, incidental consequential or special loss, however arising.
6.4 FundraizingHero may change the format and content of the FundraizingHero services from time to time. IN PARTICULAR, The Charity should refresh its browser each time it visits the Website to ensure that the Charity downloads the most up to date version of the Website, including the latest version of these Terms and Conditions.
6.5 Subject to the other terms of this section 6, the total aggregate liability of FundraizingHero arising under or in connection with the Charity (or any supporter, fundraiser or other user) accessing and using the FundraizingHero services and inability to access or use the FundraizingHero services shall be limited to the total fees paid under these Terms and Conditions by the Charity during the preceding 12 months period ending on the date the circumstances giving rise to the liability arose.
7.1 You agree to defend, indemnify and hold FundraizingHero harmless including its subsidiaries, agents, partners, employees, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the Service, including any data or content transmitted or received by you; (2) breach of any term of this Agreement; (3) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (4) your violation of any applicable law, rule, or regulation; (5) any claim or damages that arise as a result of any of your user Content, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username and password.
8.1 FundraizingHero, as operator of the FundraizingHero Services, acts as an intermediary between the Charity and the individual supporter of the FundraizingHero Services. Whilst the Charity and the individual supporter information resides on the FundraizingHero Services, FundraizingHero does not check or exercise any editorial control over the content of such information, save as required by applicable local laws. In the event that FundraizingHero is made aware of or has knowledge of any unlawful activity or information on the FundraizingHero Services, FundraizingHero shall promptly act to remove or disable access to the information. FundraizingHero shall not be liable to the Charity as a result of its role as intermediary and is not required to notify the Charity of any such removal or disablement of access to information.
Suspension of services
9.1 FundraizingHero may, in its sole discretion, without liability to the Charity, suspend the operation of any of the FundraizingHero Services in full or in part at any time, for example but without limitation for repair or maintenance work or in order to update or upgrade the contents or functionality of the FundraizingHero Services from time to time.
10.1 You will need to cancel your subscription from within the billing section of the charity admin to stop your recurring payments for the relevant subscription. Once canceled your subscription will terminate at the end of that billing period.
10.2 FundraizingHero may terminate or suspend your subscription, at anytime and without liability, in the event that:
- You fail to pay any amount due for your subscription on the due date for payment and remain in default not less than 30 days after being notified in writing to make such payment; or
10.3 We can also terminate or suspend your subscription at any time without giving a reason. In these circumstances, we shall provide you with a refund of your subscription fees for the remainder of your subscription period.
These Terms and Conditions represent the entire agreement between FundraizingHero and the Charity and supersede and replace any other representations made orally or in writing.