GTC, whose office is at 27 Harvey Road, Aylesbury, Bucks HP21 9PT (charity registration no. 1160421) trading as www.givetocharitytoday.com (‘GTC’, ‘us’ or ‘we’), operates the on-line donation website www.givetocharitytoday.com and other related systems and services as are outlined in these Terms and Conditions. The GTC Services include the collection, processing and transfer of donations, and, where applicable, Gift Aid.
These are the Terms and Conditions which govern use of the GTC Services by charities or other organisations that are registered with GTC. By continuing to use or access the GTC Services, or by beginning the registration process, you are agreeing as a charity or organisation to be bound by these Terms and Conditions with immediate effect. References in these Terms and Conditions to the ‘Charity’ or ‘you’ (and similar) are references to you as a charity or other eligible organisation that has applied to GTC and/or been registered by GTC as a Member (as defined below).
The content of this site and content of sites linked to and from this site are provided 'as is' and ‘as available’, without warranties of any kind.
GTC does not accept any liability arising from any inaccuracy or omission in the information or interruption in availability. You are advised to verify the accuracy of any information before relying on it.
GTC does not warrant that the materials will be error free, nor free of viruses, defamatory, offensive, or other harmful matter. You assume the entire cost of any necessary service, repair, or correction.
The information on this website does not necessarily reflect the views and opinions of GTC. Neither should any suggestions or advice contained on this website be relied upon in place of professional advice. You are responsible for checking the accuracy of relevant facts, instructions, suggestions and/or opinions given on this website before entering into any commitment based upon them. The materials that can be accessed from linked sites are not maintained by GTC and we are not responsible for the contents thereof.
Any reference to a linked site or third party by name does not constitute or imply its endorsement by us, and you assume all risk with respect to its use.
You agree to use this site for lawful purposes only and not in any way that might infringe third party rights or that might bring GTC into disrepute or ridicule.
You shall not use the website to disseminate any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You agree to defend, indemnify and hold Business Mapper and our affiliates harmless from any claims, losses, damages and expenses arising from your use of the site.
GTC does not act in way as either agent for the fundraiser or Charity and merely acts to provide a portal (a gateway for fundarisers to be able to connect with charities).
Copyright and Trade Marks
The copyright and all other rights in the material on this website are owned by us or are included with the permission of the owner of the rights.
As a visitor to this website, you may download a single copy of the material on this website on a single computer for your own private viewing/listening purposes only. Single copies of pages from this website may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. No copying or distribution of material on this website for any commercial or business use is permitted without our prior written consent.
No photography, filming, broadcast, alteration or modification of the pages of this website is permitted without our prior written consent except as may be reasonably necessary to use the website. Subject to this paragraph, all rights in material on this website are reserved to GTC.
Use of any software available for downloading from the site is governed by the terms of the license agreement accompanying the software.
All trade marks, service marks, and trade names in this site are the marks of the respective owner(s), and any unauthorised use is prohibited.
On certain parts of this website we may require you to register and provide certain information about yourself and where you do this you agree to:
1. Provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data")
2. Maintain and promptly update the Registration Data (by sending an appropriately worded e-mail to us to keep it true, accurate, current and complete.
If you send any text, images, audio or other content to this website you accept that the files sent, and all rights therein, become the sole property of Business Mapper and that we shall have the right to use that content in perpetuity, throughout the world, in all known and discovered mediums and for all purposes and we shall have the right to make it available to the public on this website and otherwise. All material must comply with the rules on User Content Pages, set out below. We may require you to confirm the rights granted in this paragraph and where requested to do so you shall provide all reasonable assistance to us.
User Content Pages - Rules of Acceptable Use
Any discussion forums or pages of the website where you are capable of posting material are provided for your private and non-commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the website that is inconsistent with those stated purposes is strictly prohibited. Your use of these forums and the website generally is subject to the following terms which, by your use of the forums and the website, you are deemed to accept (and which amount to a non-exhaustive list of prohibited acts):
• You may not use obscene or offensive language.
• You may not place on the website any material which is defamatory, abusive, discriminatory or hateful or which applauds, encourages or entices abuse, discrimination or hate.
• You may not post any material on the website which has been disclosed to you in confidence or which, by its nature, is confidential.
• You may not post any material on the website which compromises the privacy or security of anyone other than yourself.
• You may not place on the website any material which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful.
• You may not place on the site any material, including images, belonging to any person (or any material where the rights belong to any person) other than yourself without the prior written consent of the owner of it.
• You may not place on the site, or link to a third party site, any material where the use by GTC, or any third party licensed or permitted by The Institute, will give rise to any third party claims.
• You may not place any links on the website where those links take users to unlawful material or material that contravenes these Rules of Acceptable Use.
• You may not place on the website advertisements nor make commercial solicitations nor use the website for any commercial purposes (which would include using the website to promote or encourage the sale of your goods/services).
• You may not place on the website any material that authorises, enables or encourages the dissemination of junk mail or chain letters.
• You grant GTC the unrestricted right to use, reproduce, translate and distribute any material you place on the site.
• Whilst we do not pre-screen submissions placed on our online forums, we do have the right (but not the obligation) at our sole discretion to review, edit, move or delete any material submitted to our online forums.
• GTC accepts no responsibility for any statements, material or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of these Rules of Acceptable Use.
• You agree to indemnify GTC, its associated companies and its representatives and employees from any and all damages, claims and liabilities (including legal fees) and expenses of any kind which arise from your actions, statements, contributions or other submissions to our online forums, from any unauthorised use of material obtained from our online forums or otherwise from your breach of our Rules of Acceptable Use.
• Profile images can include a personal portrait or other non-offensive and non-copyright content, for example, company logos are not permitted. Inappropriate images will result in your forum account being suspended.
Removal of content
We will not view or edit or pre-screen any contribution that you or anyone else make to the forums or to the website generally and therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that we are responsible for having made it available on the website.
We, and others that we designate, shall have the right (but not the obligation) at our sole discretion to suspend your forum account, refuse or remove any content that is posted to, or available on, the forums or the website without the need to give any reasons for doing so. Content objections
If you object to the publication of any material placed on our online forums (or anywhere else on this website) please let us know by contacting us and we will take whatever action we deem appropriate.
Once you have successfully completed registration with GTC you will be deemed to be a 'Member', and your membership shall continue for an indefinite period, subject to termination in accordance with Clause 20.
By becoming a Member, you appoint GTC as your agent for the purpose of collecting donations and Gift Aid, and you authorise us to reclaim Gift Aid on your behalf in accordance with Clause 3. GTC is unable to reclaim Gift Aid on your behalf without a valid HMRC registration number allocated to your charity or organisation.
GTC reserves the right to decline any registration without further explanation. GTC will undertake such checks as are necessary to verify the identity of the Charity and its trustees, as appropriate. In certain circumstances additional verification may be required. Should additional work be required to verify the identity of the Charity or its trustees, this may incur additional cost. This cost will be agreed with you beforehand and will have to be paid to GTC before the work is undertaken. Such additional work does not guarantee that GTC will accept your application.
Payments (be they donations) to you/the Charity by individual users of the GTC website (‘donors’) will not be possible or valid before (i) the Charity has completed the registration process and been accepted by GTC as a Member, and (ii) GTC’s website systems have been set up to show you as a Member.
Operate the GTC Services so that donors/fundraisers can make online donations and payments for , on a personal fundraising page or on a page established specifically for the Charity on the GTC website, or otherwise through a GTC controlled website. GTC will only process online donations. Any cheques or cash received will be returned to the sender. For a donation or event fee to be directed to you by a donor/fundraiser, the donor/fundraiser must have selected you as the recipient charity on the GTC website. The obligations related to the receipt of funds by GTC on your behalf are set out in Clause 8.
Event fee payments are collected by GTC on your behalf, but the payment of an event fee will establish a direct legally binding contract between you and the relevant individual that you must honour.
Where GTC has received funds on your behalf, it will hold the funds on your behalf in the Charity Trust Funds Account (see Clause 12 below) until they are paid out in accordance with these Terms and Conditions. This is a legal trust account in which monies are held on trust for you and other charities. You will not earn or be paid interest on the sums that GTC holds and/or processes for you.
Where appropriate, offer all donors the option of making donations in a way that makes them eligible to reclaim Gift Aid (subject to a donor’s declaration of eligibility). Each donor is responsible at all times for accurately informing and updating GTC as to their respective entitlement to claim Gift Aid and GTC is not responsible for use of inaccurate or out of date information provided by a donor; and
On your behalf, apply to HMRC to reclaim Gift Aid in compliance with HMRC recommended practice. However, if any Gift Aid claim, or sums claimed, on behalf of the Charity is subsequently challenged or not settled by HMRC, then you will be responsible for resolving the matter with HMRC and, where applicable, repaying any disputed sum directly to HMRC.
In respect of personal details, GTC will collect, protect and secure these at all times in accordance with the Data Protection Act 1998. Where a donor/fundraiser has chosen to allow us to pass their personal data to you, we will do so and you agree to only use that data strictly for the purposes and in the manner consented to by the donor/fundraiser and not disclose any personal details to any third party except with the consent of the donor/fundraiser. GTC will not be liable in any way whatsoever for any such disclosure of personal details by the Charity.
GTC will provide the Charity with access to a secure, password-protected user account accessible through the GTC website. Details of the systems required for accessing the Charity Account, and the Charity Account’s functionality, are available on the GTC website.
The Charity must ensure that the content it has posted for display within the GTC website, including any links to other websites and the content of linked websites, will not be in violation of any law or regulation or be defamatory, obscene or breach any intellectual property rights of a third party or breach any right of, or duty owed to, a third party.
The Charity is responsible for ensuring that all of the details provided in connection with their Charity Account and all of the content generated on the GTC website by or on behalf of the Charity is kept accurate and up-to-date.
The Charity shall at all times comply with all relevant data protection legislation and guidelines.
The Charity is responsible for its own internal password security control, and for all use of the Charity Account.
The Charity is responsible for reimbursing GTC for the payment transaction charges where GTC incurs such costs in processing the payment to the Charity of donations and for donors/fundraisers. The relevant sum will be deducted from the funds held by GTC for you.
The Charity is responsible for ensuring that any donations paid to the Charity through the GTC website are used by the Charity in accordance with any stated purpose or specific fundraising appeal. As GTC does not monitor or control the activities of the Charity, it shall be the sole responsibility of the Charity to ensure that funds donated are used for the stated purpose or appeal and GTC will not be responsible for the use or non-use of any payments (be they donations or ) to the Charity by donors/fundraisers.
Any Gift Aid claim, or sums claimed on behalf of the Charity in accordance with the T&C’s and subsequently challenged and/or not settled by HMRC will be referred back to you. It shall be the responsibility of the Charity to resolve such matters with HMRC directly and you agree that GTC shall have no further liability to you in respect of such claims or sums.
GTC, as operator of the GTC Services and GTC website, acts as an intermediary between the Charity and the individual users of the GTC website (known as 'GTC Users'). GTC does not take responsibility for any GTC User generated content or information displayed on the GTC website. If GTC is informed or otherwise has knowledge of any unlawful or offensive activity or information on the GTC website, GTC will act promptly to remove or disable access to this information. Except for as set out shall not be liable to the Charity as a result of its role as the operator of the GTC website or as an intermediary between the Charity and GTC Users.
The Charity grants to GTC a royalty-free, non-exclusive licence to use its trade marks, and all other materials (including associated intellectual property rights) provided to GTC by the Charity, in connection with the GTC Services and GTC’s operation and other connected commercial or charitable activities.
GTC grants the Charity a non-exclusive, worldwide licence to use its logo, graphics and other GTC images (excluding submitted content such as photographs), such use to be in accordance with the ‘GTC Brand Guidelines’ and any directions issued by GTC. GTC reserves the right to revoke this licence or amend the GTC Brand Guidelines at any time. All goodwill related to GTC’s logo and brand will at all times enure to, and remain property, of GTC.
In relation to the use of each other’s intellectual property rights, each party shall, in respect of any action brought against the other party, indemnify the other party in respect of all loss, cost, damage or expense (including reasonable legal fees) suffered by that other party as a result of its use or possession of the materials or intellectual property ri