DiscoverDonate’s Terms of Service
These Terms apply whether you are registering as someone who wishes to donate funds, a gift or a service (a “Donor”) or if you registering as a charitable organisation (a “Charity”). They outline how we interact with both our Donors and Charities who have registered on our Website. They also govern your use of the “Website” (https://www.discoverdonate.com/) and may change or be updated every now and again and this may often be without prior notice to you. It’s your responsibility to check these Terms whenever you access the Website and our Service. Please read these Terms carefully as upon your acceptance, there will be a binding contract formed between you and us.
We want to change the way that Donors can support a Charity, but we want to do it honestly and fairly at the same time. We provide a platform for our Donors to donate either their money, a gift, time or a skill to a Charity, which we’ll refer to as our “Service” for the remainder of these Terms.
DiscoverDonate is owned and operated by DiscoverDonate Ltd, a limited company registered in England and Wales with company number 10194548 and whose registered office is located at Boho One, Bridge St W, Middlesbrough, TS2 1AE. When we use words like “DiscoverDonate”, “we”, “us” and “our” in these Terms, it is to DiscoverDonate Ltd that we refer. Likewise, when we use words like “you” and “your”, we are referring to you, whom, we hope, will soon be a registered user of our Website.
You may notice throughout that certain phrases and sentences begin or are followed by a single word, highlighted in bold like “This” or like (“This”). When you see that we’re telling you we want to use this word as we are defining it there throughout these Terms, and we’ll make it clear when we use these definitions again by repeating these words with the Seemingly Inappropriate Use Of Capital Letters.
For the charities featured on DiscoverDonate
DiscoverDonate allows you to donate to any of Charity listed on our Website. Every Charity has a contractual agreement with DiscoverDonate authorising DiscoverDonate to collect donations on its behalf. If you register as a Charity, you must be registered as a Charity with the Charities Commission in England and Wales, the Office of the Scottish Charity Regulator or for charities in Northern Ireland the Northern Irish Charity Commission and Her Majesty’s Revenue and Customs (HMRC); or a Charity without a requirement to register with one of the bodies referred to above, but treated as a Charity by HMRC for tax purposes. A Charity outside the United Kingdom must have the appropriate authorisation, permit or licence to operate as may be required by local laws of the territory in which it operates. You agree that we must carry out necessary checks to verify the identity of you and your Charity.
A little more information for Charities using our Website:
- By submitting information, images and documentation related to the Charity and or a specific project, the Charity is authorising DiscoverDonate to display and make available such project information, images and documentation via our Website.
- The Charity warrants that it is the owner or has the necessary permissions to use all content, information, images and or documentation provided and indemnifies and will fully indemnify DiscoverDonate against any claim, loss, liability, expense and/or damage (“Losses”) in connection therewith.
- DiscoverDonate does not guarantee that the Charity will receive any responses to its displayed projects or to the Charity itself.
- Donors who donate an item, their time or skill will be placed into the CharityHub of the Website. The Charity is responsible for contact with the Donor directly and any subsequent ongoing relationship. DiscoverDonate provides a hub for Donors and Charities to interact, and DiscoverDonate will not be party to any contractual relationship that arises where a Donor delivers a service to the Charity.
- Discover Donate is designed only to facilitate introductions and we will have no involvement in any contract between our Charities and Donors. Any contractual issues between a Donor and a Charity will in no way involve DiscoverDonate and any contractual disputes should be dealt with directly between the parties. Although we endeavour to check the information and details of each of our Donors when they register with us, we do not guarantee this nor will we be liable in any way for their actions and for any potential loss or damage to your reputation caused by the action of a Donor.
- You should also ensure that you carry out successful testing for any gifts or items donated or made available to a Charity through the Website. All gifts or items are received ‘as is’ and as stated above the responsibility for testing lies with the Charity and DiscoverDonate shall not be liable for any defective items.
- The Charity shall provide sufficient details about itself and their projects to Donors including without limitation the Charity’s identity, the nature of its business, the nature of the project, the geographical location and charitable sector of the project, the type of beneficiaries, and the approximate donation required.
- It is the responsibility of our Charities and Donors to protect their computers against any viruses and we accept no liability for any virus, infection, or other harm caused to your system through use our Website.
- The Charity will comply with the provisions of the Data Protection Act 1998 and the General Data Protection Regulations (“GDPR”) in relation to all Donors’ details and indemnify the DiscoverDonate against any Losses in connection therewith.
- The Charity will comply with all anti-discrimination legislation including but not limited to the Sex Discrimination Act 1975, the Race Relations Act 1976, and the Disability Discrimination Act 1995 and the Employment Equality (Age) Regulations 2006. The Charity will indemnify DiscoverDonate against any Losses in connection therewith.
- The Charity shall not post any project that directly or indirectly promotes age, sex, race or disability discrimination. The Charity will indemnify DiscoverDonate against any Losses in connection therewith.
- The Charity accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an Donor and shall hold DiscoverDonate harmless against any Losses in connection therewith.
- DiscoverDonate reserves the right in its sole and absolute discretion to remove any project at any time without reason. Examples of projects that may be removed include, but are not limited to:
- those that DiscoverDonate considers illegal, inappropriate or fraudulent;
- those that DiscoverDonate believe may bring our name or the name of our Donors into disrepute;
- those that advertise franchise, pyramid, network marketing or get-rich-quick schemes;
- those that have been indiscriminately posted;
- those that advertise websites, services, businesses, business opportunities and/or contact details not specifically related to the Charity;
- those that have had their position in the search results deliberately manipulated.
- DiscoverDonate reserves the right in its sole and absolute discretion to close any account at any time without reason. Examples of accounts that may be closed include, but are not limited to:
- those that have not provided full or accurate contact or Charity information;
- those that DiscoverDonate considers to be acting inappropriately or illegally; or
- those that use DiscoverDonate to advertise websites, services, businesses and/or business opportunities in any part of the project or on any part of the site.
- By accessing or using our Service or our Website, the Charity agrees to use it in ‘good faith’ i.e. to post authentic, impartial and unique projects of reasonable quality, which provide both adequate and accurate project details. The Charity also agrees that any abuse of the Service, Website or these Terms can result in the Charity’s access to the Service being removed, and accounts terminated.
- The Charity undertakes not to solicit, or endeavour to solicit, for employment or engagement with itself or any associated company or organisation, any employee DiscoverDonate. Breach of this clause shall be a material breach and will entitle DiscoverDonate, without prejudice to any other remedies it may have, to terminate the Charity’s account immediately.
- DiscoverDonate may contact Charities in order to evaluate the Service and also to inform you of any updates or changes to our Service.
- Discover Donate reserves the right to charge for the Service as it sees fit and in its sole and absolute discretion, provided that such charge (if any) shall not be retrospective. You can find out more about the charges associated with Discover Donate by visiting the charges section on our Website.
- In order to register sign in to our Website, you will need to use a user name and password. You are solely responsible for the security and proper use of your password, which should be kept confidential at all times and not disclosed to any other person. You must notify us immediately if you believe that someone else knows your password or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of any password.
For our Donors using Discover Donate
You must at all times use the Website and its associated Service 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. In particular, but not exclusively:
- You must not upload offensive, obscene, racist, defamatory, misleading or deceptive content, including photographs, onto the Website. DiscoverDonate does not actively edit the Website but reserves the right to remove or edit any content posted on the Website or its at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene, racist, libellous, misleading or deceptive.
If you notice any such content, please contact firstname.lastname@example.org.
- If you create content on DiscoverDonate, you must ensure that any information you provide to the public and charities is accurate and not misleading. It is your responsibility to ensure that the content you are uploading on your page, in particular the photograph or video, is not copyright-protected. If it is, you must obtain the copyright owner’s written consent to use it. DiscoverDonate reserves the right to remove any pictures, photographs or copy from the Website 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 contact email@example.com.
- We accept no liability for any content that you post to the Website. You agree to indemnify DiscoverDonate in full against all costs, expenses, damages and Losses, including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by DiscoverDonate in connection with any claim brought against us for actual or alleged infringement of a third party’s intellectual property rights or any other liability arising out of, or in connection with, any content that you have posted to the Website.
- Other than in relation to your own skill or item donation, you may not remove or change anything on the Website. In addition, you as a user must not:
- Misrepresent your identity affiliation with any other person or organization;
- Use the website to post/send junk spam to Charities or other Donors;
- Use the Website to conduct, display or forward any raffles, lotteries, contests, pyramids schemes or chain letters to users or charities;
- Introduce computer virus’ to the DiscoverDonate systems;
- Disclose any information regarding any other Donor or Charity except with their consent as permitted by applicable local laws.
DiscoverDonate reserves the right to cancel your account or skill/item donation and delete any DiscoverDonate page without notice in the event of a breach of the above rules.
Building a DiscoverDonate page or posting content in aid of a Charity in no way implies DiscoverDonate’s or a Charity’s endorsement of your content. DiscoverDonate reserves the right, at its absolute discretion and without notice to remove any shared content at the request of the Charity, in the event that the Charity, in its absolute discretion, deems your content to be inappropriate.
You are solely responsible for any information submitted by you to this Website. You are responsible for ensuring that all information supplied by you is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trade mark or other intellectual property rights of any person in any jurisdiction.
In order to register and sign in to our Website, you will need to use a user name and password. You are solely responsible for the security and proper use of your password, which should be kept confidential at all times and not disclosed to any other person. You must notify us immediately if you believe that someone else knows your password or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of any password.
We accept no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) arising from your use of the Website and we hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise. We hereby exclude all representations, warranties and conditions relating to this Website and your use of it to the maximum extent permitted by law. You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of this Website. You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of this site.
Uploading material to the Website
Any material you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. In uploading material to the Website you are allowing the public to access and use that material.
We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials or messages posted by you or any other user of the Website.
Donations and GiftAid
At DiscoverDonate we do not hide from what we do with your donations. A small fee of 6% is taken per donation to provide the amazing service we give to Donors and Charities across the world. We have created a full page to explain everything we do. Transparency and trust is key to us.
Please go to discoverdonate.com/donations to find out more.
Further Donation information
DiscoverDonate does not warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding the recipient Charity’s use of any donation you may make through the Website or for any misuse or non-use of such donations by the recipient Charity.
DiscoverDonate (or any payments platform we work with) will endeavour to verify the identity of the Charities on our Website and may undertake any other necessary checks before any funds raised are transferred to the page creator. The DiscoverDonate project pages made by Charities may state that they will use donations only for specific purposes, but DiscoverDonate cannot guarantee that they will use it for such purpose. If you have any doubts as to how the money will be spent then you should contact the Charity directly to seek reassurance. It is your sole responsibility, as a Donor at DiscoverDonate, to ensure that the Charity stated to be supported on the relevant page is one that you wish to support.
Please note that recipient Charity reserve the right to use your donation for their general purposes. They will use your donation for any purpose in accordance with their own rules. DiscoverDonate cannot guarantee that funds will be earmarked for a particular appeal.
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 it’s reporting rules. Similarly, if you experience any issues of this nature when using another payment method you should contact the provider of that payment method for assistance.
DiscoverDonate will never email or phone you and ask you to provide all of your payment details.
Refunds are available in exceptional circumstances and if you wish to claim a refund it will only be refunded to you with the prior written consent of the Charity to whom it has been made, regardless of whether or not the donation has already been transferred to the Charity by DiscoverDonate. You should therefore get in touch with the Charity first. Once DiscoverDonate is contacted by the Charity and a refund is cleared from the Charity to you, we can then offer a refund to you. Before a donation is refunded, the relevant Charity must agree that DiscoverDonate may, subject to local applicable laws, deduct the amount to be refunded from subsequent payments to be made by DiscoverDonate to the Charity. Where no further payments are due to be made to such Charity within one week of the refund being made to you, DiscoverDonate reserves the right to invoice the Charity for the amount of the refund and the Charity must agree to settle that invoice within one month of the date of the invoice.
By selecting that you wish to Gift Aid your donation, you are agreeing to the following:
“I confirm I have paid or will pay an amount of Income Tax and/or Capital Gains Tax for the current tax year (6 April to 5 April) that is at least equal to the amount of tax that all the charities and Community Amateur Sports Clubs (CASCs) that I donate to will reclaim on my gifts for the current tax year. I understand the charity will reclaim 25p of tax on every £1 that I have given and that if I pay less Income Tax and/or Capital Gains Tax in the current tax year than the amount of Gift Aid claimed on all my donations it is my responsibility to pay any difference.”
When you donate to a Charity on DiscoverDonate and confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid Scheme as they apply from time to time, DiscoverDonate reclaims Gift Aid on behalf of the Charity under the Gift Aid Scheme. We are not an accounting, taxation or financial advisor, and you should not rely on information given on the Website to determine the accounting, tax or financial consequences of making a donation to a Charity. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.
You must pay an amount of Income Tax and/or Capital Gains Tax for each tax year (6 April one year to 5 April the next) that is at least equal to the amount of tax that the charity will reclaim on your gifts for that tax year.
Please notify us immediately if you:
• want to cancel this declaration;
• change your name or home address; or
• no longer pay sufficient tax on your income and/or capital gains.
If you pay Income Tax at the higher or additional rate and want to receive the additional tax relief due to you, you must include all your Gift Aid donations on your Self-Assessment tax return or ask HM Revenue and Customs to adjust your tax code.
If you need to communicate with us for contractual purposes, you can do this by email addressed to firstname.lastname@example.org or alternatively you can send us a letter by post, sent to the address provided above.
Information that we send to you or you send to us for contractual reasons we’ll call “Notices” for the purposes of these Terms. There may be times when we all need to know when such a Notice was received and to make things easy those Notices will be deemed to be received as follows. A Notice sent by us to you via the Website or an email sent by you to us or us to you, will be regarded as having been received the day AFTER it is sent. If a Notice is sent in either direction by letter, that Notice will be regarded as having been received (assuming that it was properly stamped and sent by first class mail) three days AFTER the day on which it was sent.
It may be that at some point in the future, a court or some other authority has cause to review these Terms and in so doing, rules that some or other part of them is invalid, unlawful or unenforceable. Obviously, that could cause a bit of a problem, certainly for us and possibly also for you. So, in the very unlikely event that something like that happens, there will be two consequences. First, everybody accepts that the rest of the Terms will remain in place between us and that the contract will survive intact with the problematic element removed. Second, the authority or court taking action may compose a replacement for the stricken terms that do as good a job as reasonably possible as the job previously done by the terms removed or, where the authority or court taking action declines to do so, you agree that we may replace those terms ourselves with something else that complies with the ruling.
This concludes these Terms and as soon as you completed your registration through the Website, you will have a binding contract with us.