Terms of Service
These general terms of service (the “General Terms of Service”) are applicable to individual donors (“Donor(s)”), advertisers (“Advertisers”), crowdfunding page owners (“Crowdfunder(s)”) and to charities and similar organisations (“Charity” or “Charities”). Specific terms of services in respect of Advertisers (the “Advertiser Terms of Service”), Crowdfunders (the “Crowdfunder Terms of Service”) and Charities (the “Charity Terms of Service”, together with the General Terms of Service, the Advertiser Terms of Service and the Crowdfunder Terms of Service, the “mysadaqa Terms of Services”) are set out in Appendix 1, Appendix 2 and Appendix 3 to these mysadaqa Terms of Services, respectively.
Our mysadaqa Terms of Services, depending on the type of service you are using, describe what mysadaqa does for you, the charities and Causes (as defined below) you support, and what we require of you as a user of our platform.
Definitions and Interpretation
In these mysadaqa Terms of Services capitalised terms have the definitions ascribed to them below:
“Cause” means charities and other causes, also referred to as ‘projects’ opn mysadaqa.com you support through use of our service.
“Crowdfunding Page” has the meaning given to it in the Crowdfunder Terms of Service.
“mysadaqa” or “us” or “we” means the owner of the mysadaqa website and platform, FF Foundation Limited, registered at 38 Station Road, North Harrow, Harrow, England, HA2 7SE.
“mysadaqa Page” means a page created by you on the Website.
“Party” or “party” shall mean either of mysadaqa or you and “Parties” or “parties” shalll means collectively mysadaqa and you.
“Website” means the platform hosted at https://mysadaqa.com/
“You” and “your” means each user or viewer of the Website, including Donors, Crowdfunders and Charities.
- “Online Giving” – we operate a platform that is hosted at the Website and that facilitates and processes donations on behalf of the Causes featured on it.
- “mysadaqa Services” – the mysadaqa Services include a range of charitable services that cater for online giving by Donors, Crowdfunders and Charities and that are associated with the Website.
- Fees – we charge a fee for use of the mysadaqa Services through our Website, such fees which are set out in detail below.
- “User Conduct” – If you create a mysadaqa Page or use any of the mysadaqa Services, please remember mysadaqa is for everyone. If we find offensive, defamatory, libelous, threatening, harassing, or obscene content on your mysadaqa Page or any of your interaction on the Website, we will remove it and terminate your access. Please ensure the content you upload to the Website, especially pictures and videos, does not infringe another person’s copyright.
Term & Membership
For the purposes of these mysadaqa Terms of Services, a Donor, an Advertiser, a Crowdfunder and/or a Charity will commence their use of the Website and/or the mysadaqa Services from the date on which you are notified that you have been successfully registered to use the Website and/or the mysadaqa Services (which shall in each case be at mysadaqa’s sole discretion). mysadaqa shall provide the mysadaqa Services to you and you shall comply with the mysadaqa Terms of Services until your membership is validly terminated.
- Operate the Website so that you can make online donations by credit or debit card through Stripe Connect, or by another payment method available on the Website;
- For Crowdfunding Pages and/or Charities, pay out by bank transfer to your bank account, or by any other payment method that you have selected via the Website, will only be provided in the event that you are unable to connect to Stripe Connect, provided that you have passed identity verification and other necessary checks. If you do not pass these checks within 28 days from your first donation all funds received will be refunded, and in the case of Crowdfunding Pages, your Crowdfunding Page will be taken down. If funds are unable to be refunded, they may be redirected to a registered charity at mysadaqa’s absolute and sole discretion. mysadaqa may allow an additional 28 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 your credit and debit card information, and other financial information associated with other payment types.
We use Stripe Connect as our primary payments service provider where the relevant Cause or Charity has the facility to accept payments through Stripe Connect. Stripe Connect enables users of the Website to accept credit and/or debit card payments from any provider. The payments that you make through the Website will go via Stripe Connect directly to the intended receiver without going through mysadaqa bank accounts. In the case of funds remitted using the Stripe Connect process, where the funds are remitted by Stripe following the donation being made, mysadaqa is not liable for any issues encountered with Stripe.
Stripe Connect charges a fee on all donations made via mysadaqa and these fees are taken directly by Stripe Connect prior to your or your Cause’s funds being remitted. mysadaqa does not take any percentage of donations made through the Website.
In respect of any Causes or Charities that are not able to facilitate payment through Stripe Connect, your payment will be processed through mysadaqa bank accounts held in the UK and mysadaqa shall ensure payment of your donations to the relevant Cause as soon as reasonably practicable following your donation.
mysadaqa will undertake necessary information systems design, testing and verification standards and requirements in accordance with good industry practice to ensure that Donors' credit cards and debit cards are debited and that Crowdfunders and/or Charities are credited in a secure manner.
Please see the Fees and Charges section of the Website for the latest breakdown of payment processing charges that are charged by Stripe Connect.
Support and Donation Acknowledgements
mysadaqa will send prompt email acknowledgements to you in respect of each donation made via the Website and/or the mysadaqa Services.
mysadaqa will use its best endeavours to respond to any enquires that it receives as promptly as reasonably practicable. mysadaqa will respond by email to your enquiries received by mysadaqa, in accordance with the Contact Us page on the Website.
Terms of Service
The mysadaqa Terms of Services govern your use of the Website and the mysadaqa Services. Please read these mysadaqa Terms of Services carefully. Your use of the Website and/or and the mysadaqa Services constitutes your acknowledgement and agreement to thereto.
We may update the mysadaqa Terms of Services from time to time. It is your responsibility to review these mysadaqa Terms of Services wherever you access the Website and/or utilise the mysadaqa Services. The latest version of these mysadaqa Terms of Services will govern your usage of the Website and the mysadaqa Services. The date and version of these mysadaqa Terms of Services is stated at the end of this page.
About the Causes featured on the Website
The Website and the mysadaqa Services allow you to donate to and raise funds for any Cause listed on the Website. Every Cause featured has a separate contractual agreement with mysadaqa, authorising mysadaqa to collect donations on behalf of the relevant Cause. Causes are listed on this Website at mysadaqa's absolute and sole discretion; however, we are not responsible for the activities of any Cause. The Cause (and/or the connected Charity behind it) is responsible and must have the appropriate authorisation, permit or licence to operate in its capacity as a charity, as required by the local and or international laws that are applicable to it based on the territories in which it operates.
Refund of Donations
Subject to the requirements of applicable local laws, once your donation is made any refund will only be processed back to you with the prior written consent of the Cause to whom it has been donated, such consent to be at the absolute and sole discretion of the Cause – regardless of whether the or not the donation has been paid to the Cause by mysadaqa. Therefore, your initial recourse should be to the Cause first. In the event that all funds have been paid out or otherwise used by the Cause prior to your request for a refund, the Cause will not be obliged to process a refund back to you. mysadaqa shall not be liable for nor will it be required to act on your behalf in assisting you with obtaining any refunds from the Cause under any circumstances.
Use of your donation
mysadaqa does not represent or warrant that your donations will be used for any particular purpose. mysadaqa will not be responsible for any dissatisfaction you may have regarding a Cause's use of any donation you may make through the Website or through the mysadaqa Services or websites powered by us including 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.
Please note that the recipient Cause will reserve the right to use your donation for their general purposes in accordance with their practices and rules. mysadaqa shall not be responsible for ensuring that funds are earmarked for a particular appeal by that Cause. If you want a donation to be used for a specific purpose or for a particular appeal, contact the Cause and make your donation directly to them passing on the relevant information accordingly.
When you make a donation, the transaction is final and not disputable unless you are able to prove through documentary evidence to the satisfaction of mysadaqa the unauthorised use of your payment card or other payment method. If you become aware of fraudulent use of your payment card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules. mysadaqa will never email or phone you and ask you to provide all of your payment details.
Contributions to mysadaqa
Any contributions made to the mysadaqa, its platform or the Website are to be used at the absolute and sole discretion of mysadaqa, within our stated objectives. Beyond confirmation from mysadaqa that we have used such donations towards our stated objectives, we will not be required to provide proof (wither documentary or otherwise) of the use of your donation towards such objectives.
Any donations made through the “QuickDonate” feature on the Website are to be distributed to Causes and users at the absolute and sole discretion of mysadaqa.
mysadaqa will endeavour to process and remit the amount for any donations made through the “FastPay” feature of the Website within the timeline stated on the Website. mysadaqa does not accept liability in the case that unforeseeable circumstances delay payments made through the “FastPay” feature of the Website.
Donations made to mysadaqa Causes
Donations made to any Cause carried out by mysadaqa (such as the mysadaqa Fidya scheme), are to be distributed at the absolute and sole discretion of mysadaqa. We will use your donation at our absolute and sole discretion but within our stated charitable objectives. Beyond confirmation from mysadaqa that we have used such donations towards our stated charitable objectives, we will not be required to provide proof (wither documentary or otherwise) of the use of your donation towards such objectives.
Protecting your account
When you register with mysadaqa 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 mysadaqa 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 email our helpdesk on the email address set out on the Contact Us page of the Website.
mysadaqa is not an accounting, taxation, financial or investment advisor, and you should not rely on information given on the Website or the mysadaqa Services to determine any consequences of making a donation to a Cause.
mysadaqa has implemented PCI standards regarding secure storage of data and strong access control to achieve PCI DSS for the mysadaqa Services.
mysadaqa will collect personal information from you including but not limited to your name, title, address and email address ("Personal Information") at all times in accordance with applicable laws regulatory requirements and guidance as updated and amended from time to time, including the EU General Data Protection Regulation and the UK Data Protection Act 2018 ("Privacy Laws") and protect and secure such information. To the maximum extent possible under applicable law, mysadaqa will abide by your instructions in respect of their Personal Information
- You must at all times use the Website and the mysadaqa 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 the mysadaqa Services. mysadaqa does not actively edit or monitor the Website but reserves the right to remove or edit any content posted on the Website or the mysadaqa Services at its absolute and 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 on the email address set out on the Contact Us page of the Website.
- If you build a mysadaqa page on the Website, 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 (“Content”) you are uploading on your mysadaqa page, 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. If the copyright status in any mysadaqa page is in doubt, mysadaqa reserves the right to remove any pictures, photographs, videos or copy from those mysadaqa pages at its absolute and sole discretion and without notice . If you suspect a breach of copyright on the Website, please email us on the email address set out on the Contact Us page of the Website. Please note that by submitting and posting any Content to the Website, you grant to mysadaqa 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 mysadaqa 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 mysadaqa Service or any services or networks connected to the mysadaqa Service nor introduce any computer virus (including any variant or similar malicious code or instructions) to the mysadaqa Service, the Website, its platform or any other services or networks connected thereto.
- You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or any other website connected thereto.
- You must not attempt to bypass the network firewall put in place by mysadaqa.
- You must not use any party of the Website which you are not authorized to use or devise ways to circumvent security in order to access part of the Website which you are not authorized to access (this includes scanning networks with intent to breach and/or evade security, whether or not the intrusion results in access).
- You must not use or attempt to use the Website 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.
mysadaqa reserves the right at its absolute and sole discretion to cancel your access and delete any mysadaqa page without notice in the event you fail to follow any of the above rules. mysadaqa may also suspend or delete a mysadaqa page at its absolute and sole discretion if the relevant Cause is no longer receiving donations via mysadaqa or is no longer active.
Building a mysadaqa page in aid of a Cause in no way implies mysadaqa'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. mysadaqa reserves the right, at its absolute and sole discretion and without notice, to cancel your personal fundraising page at the request of the Cause if the Cause, in its absolute and sole discretion, deems your fundraising activity inappropriate or unnecessarily dangerous.
The Website and the mysadaqa 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.
mysadaqa 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, 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.
All intellectual property rights in any material (including text, photographs and other images, trademarks and logos) contained on the Website or in the mysadaqa Services is either owned by mysadaqa or has been licensed to mysadaqa by the rights owner(s) so that mysadaqa can use this material as part of hosting the Website or providing the mysadaqa Services. Nothing in these mysadaqa Terms of Services shall operate as an assignment of any such intellectual property rights.
The names mysadaqa and mysadaqa.org, the mysadaqa logo and any other product and service names that we may present on the Website or the mysadaqa Services from time to time may not be used in connection with any product or service that is not mysadaqa's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit mysadaqa. Other trademarks, service marks or logos that appear on the Website or the mysadaqa Services, in particular (but not limited to) those of member charities 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 mysadaqa and the trademark owner.
All content on the Website and the mysadaqa Services is owned by mysadaqa, our member charities 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 THAT you do not alter it or remove any copyright, trade mark or other proprietary notice, and PROVIDED 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 the mysadaqa Services' content is permitted without the express prior permission of mysadaqa, and, where applicable, the copyright holder.
Intellectual Property Complaints
mysadaqa 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 Website or in the mysadaqa Services in any manner that constitutes infringement, please notify us through the email address set out on the Contact Us page of the Website. 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.
Prohibition on data extraction and distribution
By visiting or using the Website or any of the mysadaqa 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 mysadaqa Terms of Services), mirror, frame, index, scrape, mine or otherwise gather or extract any of the content or data from the Website or the mysadaqa 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. mysadaqa may take any measures it sees fit and its absolute and sole discretion to block access to the Website and the mysadaqa Services where it believes that these mysadaqa Terms of Services 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 mysadaqa Terms of Services, damages may be an inadequate remedy and mysadaqa 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. mysadaqa may also request that you destroy any data you have gathered or extracted in breach of these mysadaqa Terms of Services and you agree that you will comply with such request promptly and certify the same.
Inquiries and permission requests may be sent on the email address set out on the Contact Us page of the Website.
Changes to the service
mysadaqa reserves the right to modify, suspend or discontinue all or any part of the Website and the mysadaqa Services at any time with or without notice, without liability to you. All new features, services or software applications shall be subject to these mysadaqa Terms of Services.
Failure to comply with these mysadaqa Terms of Services
In the event that you fail to comply with these mysadaqa Terms of Services, mysadaqa reserves the right at its absolute and sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and the mysadaqa Services.
You may discontinue use of the Website and the mysadaqa Services at any time. These mysadaqa Terms of Services will continue to apply to your past use of the Website or the mysadaqa Services.
Disclaimer and Limitation of Liability
You agree that your use of the Website and the mysadaqa Services is on an "as is" and "as available" basis and that your use of the Website and the mysadaqa Services is at your own and sole risk. mysadaqa does not warrant or guarantee continuous, uninterrupted or secure access to the Website and/or the mysadaqa Services and operation of the Website and the mysadaqa Services may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these mysadaqa Terms of Services and except for the rights, guarantees and remedies which cannot be excluded by law, mysadaqa does not provide other conditions, guarantees, warranties or terms in relation to the Website or the mysadaqa Services, to the extent permissible by law. mysadaqa shall undertake general maintenance and upkeep of the Website from time to time. During these periods, the Website and the mysadaqa Services may not be available for use. In exceptional circumstances, the Website and the mysadaqa Services may also become unavailable at other times.
If found liable, mysadaqa shall only be liable under these mysadaqa Terms of Services for direct losses which are reasonably foreseeable and caused by mysadaqa’s uncured material breach of these mysadaqa Terms of Services or mysadaqa’s gross negligence. mysadaqa's total liability to you arising under or in connection with these mysadaqa Terms of Services, whether in contract, tort (including gross 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 that give rise to mysadaqa's liability arose.
In no event shall mysadaqa be liable for losses relating to any business of yours or lost or corrupt data, loss of profits, loss of contracts, loss of donations, loss of Gift Aid, 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 mysadaqa has been advised of the possibility of such damages. YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.
Nothing in these mysadaqa Terms of Services excludes any statutory rights which may apply to your use of the Website and the mysadaqa Services which cannot be excluded, restricted or modified by contract.
You willfully indemnify mysadaqa from all investigations, claims, fines, losses, damages, costs (including reasonable legal fees) expenses and liabilities arising as a result of any breach or failure to comply with any of these mysadaqa Terms of Services and/or the use of the Website.
Some countries do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages which means that some of the above limitations may not apply to those that are BASED IN THOSE COUNTRIES. In these countries, mysadaqa's liability will be limited to the greatest extent permitted by law.
mysadaqa may change the format and content of the Website or the mysadaqa Services from time to time. IN PARTICULAR, you should refresh your browser each time you visits the Website to ensure that you download the most up to date version of the Website, including the latest version of the mysadaqa Terms of Services.
mysadaqa and you shall treat as strictly confidential all information about the other which has been acquired as a result of the use of the Website and the mysadaqa Services and which is not in the public domain. Neither of mysadaqa nor you 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 these mysadaqa Terms of Services and who have a justified business “need to know”. This paragraph shall survive termination of these mysadaqa Terms of Services. For the avoidance of doubt, Personal Information shall be treated in accordance with applicable laws.
Each of mysadaqa and you must at all times maintain such adequate insurances as are required by local applicable laws or as are customary for mysadaqa and you in respect of complying and adhering to an agreement of the nature of the mysadaqa Terms of Services to maintain in the local market place.
Any notices should be made in writing and sent by registered post to the addresses given on the Website, in the case of notices to be sent by email, to the email address set out on the Contact Us page of the Website.
Any grievances by mysadaqa or your employees (where relevant) will be dealt with by that party.
mysadaqa will promptly respond to any complaints from Donors, Advertisers, Crowdfunder or Charities concerning the Website or the mysadaqa Services. mysadaqa will maintain records relating to complaints it receives.
mysadaqa will keep proper records of all donations and income received and expenses incurred for such period as may from time to time be required by the applicable local governmental revenue body, and maintain records which relate to you and the performance of the obligations hereunder (to which you may, subject to the Privacy Laws, have access and take photocopies of at your own expense on request and at reasonable times).
When you: (i) donate to a Cause and certain Community Amateur Sports Clubs ("CASCs") on the Website or the mysadaqa 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 mysadaqa reclaim Gift Aid on behalf of the Cause or CASC under the UK government's Gift Aid scheme, mysadaqa will reclaim Gift Aid.
Every Cause or CASC that is a member of mysadaqa has an contractual agreement with mysadaqa authorising it to reclaim Gift Aid on its behalf. Causes and CASCs must be registered with the Charity Commission or exempt from registration for mysadaqa to reclaim Gift Aid on their behalf. mysadaqa 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 consideration of using the Website and mysadaqa Services, we do accept a voluntary gratuity from you.
You and mysadaqa will comply with all applicable laws, applicable authority, license, permit or registration requirements.
YOU AND mysadaqa AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR mysadaqa 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 mysadaqa ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND mysadaqa FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, mysadaqa, AND ALL PARTIES TO ANY SUCH PROCEEDING.
A person who is not a party to these mysadaqa Terms of Services has no right to enforce any term of these mysadaqa Terms of Services.
If mysadaqa fails or delays in exercising its rights or remedies provided by these mysadaqa Terms of Services, it shall not be deemed to have waived that or any other right or remedy under these mysadaqa Terms of Services.
Nothing in these mysadaqa Terms of Services shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture, or co-ownership. Neither MYSADDAQA nor you shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and together neither mysadaqa nor you shall hold out as having authority to do the same.
These mysadaqa Terms of Services are the entire agreement that will govern the relationship between mysadaqa and you in respect of your use of the Website or the mysadaqa Services and no modification to these mysadaqa Terms of Services will be effective unless made in writing and signed by both mysadaqa and you.
These mysadaqa Terms of Services and any documents referred to and therefore incorporated by reference herein shall apply to the exclusion of all other terms and conditions which you may purport to apply to your use of the Website and the mysadaqa Services (including, without limitation, terms in any insertion, e-mail, acknowledgement or click through agreement). To the maximum extent permitted by law, other than as set out in these mysadaqa Terms of Services, all warranties and representations, whether express or implied, are excluded.
If a dispute arises under these mysadaqa Terms of Services or concerning its subject matter, either you or mysadaqa may at any time give written notice to the other requesting that a meeting take place to seek to resolve the dispute. A nominated senior representatives of both Parties must meet within five business days of the notice and try to resolve the dispute in good faith. If such a meeting does not take place or if five business days after the meeting the dispute remains unresolved, either Party may pursue its rights at law.
Despite the existence of a dispute, each Party must continue to perform its obligations under these mysadaqa Terms of Services.
The above two paragraphs relating to dispute resolution do not restrict or limit the right of either Party to obtain interim, protective or interlocutory relief, or to immediately terminate these mysadaqa Terms of Services where these mysadaqa Terms of Services provide such a right.
These mysadaqa Terms of Services (and any non-contractual obligations arising in connection with them) shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms (and any non-contractual obligations arising in connection with them).
ADVERTISER TERMS OF SERVICE
If you seek to be an Advertiser (as defined below) on the Website, the mysadaqa Terms of Services, will apply to your dealings with mysadaqa, in relation to your use of the Website and mysadaqa Services. Please read the mysadaqa Terms of Services carefully. By applying to be (and continuing to be) an Advertiser on the Website, each Advertiser is agreeing to the mysadaqa Terms of Services. If the Advertiser does not wish to be bound by the mysadaqa Terms of Services, the Advertiser should not continue to use or access the Website and/or any of the mysadaqa Services.These Advertiser Terms of Service will be read and construed in conjunction with the mysadaqa Terms of Services.
Advertising your campaign
These Advertiser Terms of Service apply to the following types of advertisements (the “Advertisements”):
- online advertisements Causes (or campaigns related thereto) published on the Website
- advertisements published in the mysadaqa newsletter and any other marketing channels, including but not limited to social media platforms (“Non-Website Marketing Channels”)
By placing an order, the person bidding for or placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser (in each case an “Advertiser”) accepts and agrees to be bound by these Advertiser Terms of Service in full. These Advertiser Terms of Service will be read and construed in conjunction with the mysadaqa Terms of Services.
Content and Delivery of Advertisements
Materials for any Advertisement (whether print or digital) must adhere to mysadaqa’s technical specifications and the mysadaqa Terms of Services.
mysadaqa may at its absolute and sole discretion, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to the mysadaqa Terms of Services and remove, not print, suspend or change the position of any such Advertisement. mysadaqa may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the Non-Website Marketing Channels or the Website and the Advertiser will remain responsible for all outstanding charges.
The publication of an Advertisement by mysadaqa does not mean that mysadaqa accepts the Advertisement has been provided in accordance with the mysadaqa Terms of Services or that mysadaqa has waived its rights under the mysadaqa Terms of Services.
The Advertiser guarantees to mysadaqa that:
- any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
- it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
- the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice (including the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the “CAP Code”) and all other codes under the general supervision of the Advertising Standards Authority and/or the Office of Fair Trading), are not libellous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
- the Advertisement will not be prejudicial to the image or reputation of mysadaqa, and will not contain anything which mysadaqa in good faith considers to be offensive or otherwise inappropriate;
- all digital Advertisements submitted for publication online will be free of any viruses, adware, malware, bit torrents, and no Advertisement will cause an adverse effect on the operation of the Website or any Non-Website Marketing Channels; and
- all digital Advertisements comply with (i) the the standards for online advertising published by the Coalition for Better Ads (https://www.betterads.org); and (ii) the “L.E.A.N.” best practice principles for online advertising standards published by the IAB UK, each as may be updated from time to time.
Payment of Advertisements
All Advertisements are accepted on the basis that they will be paid for at the prevailing rates set out in the Rate Card section of the Website on the date of publication of such Advertisement. mysadaqa may change its rates (including those relating to Advertisements) at any time and without notice by publishing its modified rates Here. Any changes to the mysadaqa rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
All sums payable to mysadaqa should be made in accordance with mysadaqa’s Financial Terms & Conditions which are that: mysadaqa will provide services only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed.
mysadaqa cannot guarantee the number of impressions of any Advertisements.
mysadaqa and its service providers will only use any data associated with an Advertiser (the “Advertiser Data”) solely in relation to the Advertiser’s particular advertising campaign. All such Advertiser Data collected by mysadaqa will be treated as the confidential information of the Advertiser and will not be disclosed by mysadaqa to any third party (other than mysadaqa’s service providers for the purpose of mysadaqa complying with its obligations under the mysadaqa Terms of Services) without the consent of the Advertiser. In no event will any Advertiser Data be combined with information collected from other sources, except where the Advertiser has agreed to otherwise.
mysadaqa does not guarantee that Advertisements booked through mysadaqa will appear on any particular channel and/or that impressions will be spread evenly across any particular channels. Furthermore, mysadaqa does not guarantee that inventory meeting any criteria selected by the Advertiser will necessarily be available nor that it will be available in the volume desired by Advertiser.
Brand Safety for Advertisements
mysadaqa will implement its default brand safety measures in respect of the channels on which Advertisements booked through mysadaqa will appear.
The Advertiser may implement its own brand safety measures and site filters in addition to the default brand safety measures provided by mysadaqa.
Liability of mysadaqa specific to Advertisements
mysadaqa accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to mysadaqa or any loss or damage to any Advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to mysadaqa.
mysadaqa shall use its reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
mysadaqa will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any Advertisements required by any authority having responsibility for the regulation of online or press advertising (including the Advertising Standards Authority).
mysadaqa cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the absolute and sole discretion of mysadaqa. However, mysadaqa will use its reasonable efforts to comply with the wishes of the Advertiser.
If a booked Advertisement is not published at all, solely due to a mistake on mysadaqa’s part, mysadaqa will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the Advertisement. This shall be the Advertiser’s sole remedy for failure to publish the advertisement.
If the Advertisement as reproduced by mysadaqa contains a substantial error solely due to a mistake on mysadaqa part, mysadaqa shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. mysadaqa shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform mysadaqa of any errors and provide any necessary assistance to mysadaqa to prevent a repeat of the error.
mysadaqa shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by mysadaqa and the Advertiser, and mysadaqa’s maximum total liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser.
In respect of Advertisements on the Website, mysadaqa does not guarantee continuous, uninterrupted access by users of the Website but will use reasonable efforts to provide this.
Liability of the Advertiser
The Advertiser will fully indemnify mysadaqa from all investigations, claims, fines, losses, damages, costs (including reasonable legal fees) expenses and liabilities arising as a result of any breach or failure to comply with any of these Advertiser Terms of Service and/or the use or publication of the Advertisement by mysadaqa in accordance with these Advertiser Terms of Service.
Rights of Advertisements
mysadaqa owns the copyright in all Advertisements written or designed by it or on its behalf.
The Advertiser grants mysadaqa the right (free of charge) to:
- use such of the Advertiser’s names, trade marks and/or logos as mysadaqa may consider necessary for the purposes of publishing the Advertisements; and
- reproduce the Advertisement in any media at any time from the date the Advertisement was last published for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website or Newspaper will be subject to variation at mysadaqa’s absolute and sole discretion.
Cancellation policy of Advertisements
The cancellation period for an Advertisement varies according to the publication. The Advertiser should refer to the relevant rate card, available Here. The Advertiser may cancel an Advertisement provided that notice in writing is received by mysadaqa within the relevant cancellation period. Cancellation will only be effective on confirmation of receipt of your notice.
If the Advertiser is insolvent or bankrupt or is otherwise in breach of the mysadaqa Terms of Services, mysadaqa may treat the order as cancelled.
CROWDFUNDER TERMS OF SERVICE
“Crowdfunding” relates to any Cause and its related campaigns where the funds collected are remitted to a user who is not a registered charity.
If you create a mysadaqa crowdfunding page (a “Crowdfunding Page”) on the Website the mysadaqa Terms of Services, will apply to your dealings with mysadaqa, in relation to the relevant Crowdfunding Page and your use of the Website and mysadaqa Services. Please read the mysadaqa Terms of Services carefully. By applying to be (and continuing to be) a Crowdfunder of mysadaqa, each Crowdfunder is agreeing to the mysadaqa Terms of Services. If the Crowdfunder does not wish to be bound by the mysadaqa Terms of Services, the Crowdfunder should not continue to use or access the Website and/or any of the mysadaqa Services.These Crowdfunder Terms of Service will be read and construed in conjunction with the mysadaqa Terms of Services.
mysadaqa Crowdfunder obligations
It is mysadaqa’s policy that all Crowdfunding campaigns must serve a purpose that benefits the public good. mysadaqa retains the unrestricted ability to reject or terminate a campaign in its absolute and sole discretion when mysadaqa believes the burdens of continuing a campaign are not in its best interest. In rejecting or terminating a campaign, mysadaqa 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 Crowdfunding Page agrees to you raising funding on its behalf for the purposes and in the manner set out on your Crowdfunding Page.
- You shall maintain any necessary authority, permit, licence, consent, approval and registration for you to fundraise (and, where applicable, for mysadaqa to fundraise on your behalf) in accordance with applicable laws and if mysadaqa needs any such authority, permit, licence, consent, approval or registration for it to fundraise on behalf of the Crowdfunding Page then you will, at no cost to mysadaqa, provide all such assistance as mysadaqa reasonably requires to assist mysadaqa with the same. You agree that you shall inform mysadaqa immediately if, for any reason, you and/or the 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 Crowdfunding Page in accordance with applicable local laws.
- You shall comply with requests from mysadaqa to provide supporting evidence for the usage of funds of any causes created on the website.
- By building a Crowdfunding Page you represent, warrant and undertake to mysadaqa and the users of the Website that:
- each time you use the Website or mysadaqa Services, and in particular when you create a Crowdfunding Page, you will comply with these Crowdfunder Terms of Service and any other of mysadaqa’s guidelines that apply to Crowdfunding Pages at that time or from time to time;
- you will provide feedback via your 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 Crowdfunding Page will be used for the purposes set out on your Crowdfunding Page; and
- you will ensure no fraudulent, criminal or otherwise improper uses will be made of donations made via your Crowdfunding Page.
mysadaqa reserves the right to remove your Crowdfunding Page and any related to campaigns on the Website in the case that the above rules have not been complied with.
Minimum age for Crowdfunders
Crowdfunding on the Website or otherwise through mysadaqa is not directed to anyone under 13 years of age. If you are under 13, you are not authorised to use the Crowdfunding facilities provided by mysadaqa. If you are between 13 and 18 years of age, then you may only set up a 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 the mysadaqa Terms of Services.
Licence of Trademark and Copyrighted Material of Crowdfunding Pages
You hereby grant to mysadaqa, its affiliates and its partners a non-exclusive licence to use any of your Crowdfunding Page's trademarks and any copyrighted material on your Crowdfunding Page (including images and videos or any link to the same) solely in connection with the Website and mysadaqa Services and its operation and promotion and for no other purpose whatsoever.
Disclaimer and Limitation of Liability
mysadaqa's total liability to you arising under or in connection with these Crowdfunder Terms of Service, so far as such liability arises out of or relates to your creation and/or use of a Crowdfunding Page, shall be limited to the total fees paid by you to mysadaqa under these Crowdfunder Terms of Service for your use of the Website and the mysadaqa Services during the preceding 12 month period ending on the date the circumstances giving rise to the liability arose.
In no event shall mysadaqa 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 mysadaqa has been advised of the possibility of such damages. YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.
Termination specific to Crowdfunders
mysadaqa reserves the right, at its absolute and sole discretion, to immediately and without notice suspend or permanently deny your access to all or part of the Website, the mysadaqa Services and your Crowdfunding Page. The obligations contained herein will continue to apply to your past use.
Upon termination or suspension or denial of access to the Website, the mysadaqa Services and your Crowdfunding Page, funds already received on your behalf by mysadaqa will be handled in accordance with the provisions above, provided that any potential payment (where applicable) may be delayed where mysadaqa conducts an investigation regarding your use of the Website, the mysadaqa Servicesyou’re your Crowdfunding Page and mysadaqa may decide to refuse to pay funds across to you where you have breached the mysadaqa Terms of Services or your Crowdfunding Page has been removed. In such circumstances mysadaqa may authorise a refund of donations to any donors to your Crowdfunding Page.
CHARITY TERMS OF SERVICE
Please read the mysadaqa Terms of Services carefully. By applying to be (and continuing to be) a Charity of mysadaqa, each Charity is agreeing to the mysadaqa Terms of Services. If the Charity does not wish to be bound by the mysadaqa Terms of Services, the Charity should not continue to use or access the Website and/or any of the mysadaqa Services. These Charity Terms of Service will be read and construed in conjunction with the mysadaqa Terms of Services.
mysadaqa intends to operate its business in a number of countries and the mysadaqa Terms of Services apply to all causes and their related Charities, wherever they are located. Different and additional terms may apply and be included in the mysadaqa Terms of Services from time to time depending on the type of Charities that mysadaqa works with and where such Charities are based.
mysadaqa operates various online tools and services including the Website and the mysadaqa Services which allow users to donate to Charities, appear as Advertisers on the Website and create Crowdfunding Pages. Charities may access data from the Website and the mysadaqa Services about those donors and these Charity Terms of Services and the mysadaqa Terms of Services govern the Charity's use of the Website and the mysadaqa Services.
Subject to the Charity paying the fees (as set out in the Fees and Charges section of the Website) in consideration of using the Website and the mysadaqa Services, mysadaqa will provide all Charities, with access to a secure, passwordprotected account on the Website where the Charity can view and download details of donations made to the Charity, details of payments made by mysadaqa to the Charity and updates on Donor details, all such information to be provided by mysadaqa in strict compliance with:
- the Privacy Laws as they apply to the relevant Donors; and
- any other privacy laws, regulatory requirements and guidance which are relevant to the processing of Personal Information throughout the world,
mysadaqa will not sell, trade or rent Personal Information to third parties. mysadaqa will, via the account held by the Charity, provide each Charity with the ability to download reports outlining: the number of donations received, the value of the donations received, and any transaction fees deducted from the total donations in accordance with the Fees and Charges section of the Website.
mysadaqa, as operator of the Website and the mysadaqa Services, acts as an intermediary between the Charity and the individual users of the Website and the mysadaqa Services. Whilst the Charity and the individual user information resides on the Website and/or the mysadaqa Services, mysadaqa 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 mysadaqa is made aware of or has knowledge of any unlawful activity or information on the Website and/or the mysadaqa Services, mysadaqa shall promptly act to remove or disable access to the information. mysadaqa 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.
Charity’s Obligations - General
The Charity will ensure that all content (including text and images) supplied by it to mysadaqa for display on the Website or mysadaqa Services or which it itself posts on either of the Website or any of the mysadaqa Services (including, in each case, links to any third party sites or content) will not violate any law or regulation or be defamatory, misleading, 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 will provide written confirmation to mysadaqa of any donations (including any Gift Aid reclaimed on the same) that it permits mysadaqa to reimburse to the Donor. mysadaqa will not permit refunds without prior written consent from the Charity, unless required by applicable local laws.
Subject to local applicable laws, the Charity will permit mysadaqa to deduct such refunds, and any chargebacks arising, from subsequent donations payable to the Charity. Should no donations arise within one (1) week of the refund or chargeback mysadaqa reserves the right to invoice the Charity for the refunds and chargebacks, and the Charity agrees to settle that invoice within one (1) month of the invoice date.
The Charity will maintain the necessary authority, permit, licence, consent, approval and registration for it to fundraise (and, where applicable, for mysadaqa to fundraise on its behalf) in accordance with applicable local laws and if mysadaqa needs any such authority, permit, license, consent, approval or registration for it to fundraise on behalf of the Charity then the Charity will, at no cost to mysadaqa, provide all such assistance as mysadaqa reasonably requires to assist mysadaqa with the same.
The Charity will inform mysadaqa immediately if, for any reason, it:
- ceases to carry on operating for charitable purposes;
- is found to be engaged in any corrupt or immoral practices;
- is subject to any investigation or inquiry which could result in the necessary authority, permit, license, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws being suspended, revoked or withdrawn; or
- ceases to have the necessary authority, permit, license, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws.
The Charity will promptly provide any information reasonably requested by mysadaqa in order for mysadaqa to be able to host the Charity on the Website and provide the mysadaqa Services to the Charity effectively.
The Charity will ensure that, in each case where a Donor is advised that his/her donation will be used for a specific purpose, appeal or outcome (including but not limited to all mysadaqa Campaign pages), the donation is used only for that specific purpose, appeal or outcome.
The Charity will comply with all applicable laws and regulations in its use of the Website and/or mysadaqa Services.
The Charity will maintain the security and confidentiality of any passwords provided by mysadaqa for the purpose of accessing the account held by the Charity and shall not share these passwords with any third party. mysadaqa shall not be liable for and accepts no responsibility for misuse of any account held by the Charity.
The Charity represents, warrants and undertakes to mysadaqa that:
- the mysadaqa Terms of Services have been accepted and agreed to by a sufficient number of its duly authorised representatives; and
-any documents provided to mysadaqa as part of the Charity’s application for registration or maintenance of such registration) have been or shall be executed by a sufficient number of its duly authorised representatives.
Charity’s Obligations – Data Protection and Direct Marketing
To the extent that the Charity’s use of the Website and the mysadaqa Services results in access to any Personal Information, the Charity will:
- at all times assist with the responsibilities of mysadaqa, as a data controller responsible for determining how the Personal Information is processed under the provisions of the Privacy Laws;
- not do, or cause or permit to be done, anything which may result in a breach by mysadaqa of the Privacy Laws and comply with all reasonable instructions from mysadaqa relating to the processing by the Charity of such Personal Information;
- comply with the 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;
- hold the Personal Information securely and not disclose it to anyone other than mysadaqa, as agreed to by the data subject and/or as permitted by Privacy Laws;
- implement adequate security, technical and organizational measures against all unauthorized, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with the Privacy Laws, and abide by mysadaqa 's reasonable requirements to ensure the security of the Personal Information as notified to the Charity from time to time;
- not retain any Personal Information for longer than is necessary.
In addition to its obligations under the section (Charity’s Obligations – Data Protection and Direct Marketing) above, if the Charity’s use of the mysadaqa Services results in access to any Personal Information and the Donor has agreed to receive marketing communications from the Charity (as will be reflected in the account held by the Charity), the Charity will only send marketing communications to the Donor to the extent that the Donor:
- has indicated their preference to receive such communications; and
- has not indicated a preference or otherwise asked to stop receiving such communications. This includes the Donor clicking an unsubscribe link or registering with any applicable preference service (which the Charity agrees it shall, to the extent it is required to do so, check before sending any communications).
Where use of the mysadaqa Services results in access to any Personal Information relating to a Donor but that Donor has not agreed to receive marketing communications from the Charity, as will be reflected in the account held by the Charity, the Charity shall only communicate with that Donor in relation to their specific Donor and shall not (unless separate consent is obtained by the Charity) communicate with that person for any other purpose (including marketing).
The Charity shall be liable for and indemnify mysadaqa, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by mysadaqa which arise (directly or indirectly) out of or in connection with any breach of this section (Charity’s Obligations – Data Protection and Direct Marketing) by the Charity.
Intellectual Property and License
The Charity hereby grants to mysadaqa, its affiliates and its partners a nonexclusive, worldwide and royalty-free license to use its name and logo in connection with the performance and promotion of the Website and the mysadaqa Services.
The licence shall terminate automatically on valid termination of the Charity's membership in accordance with the section entitled (Termination) below.
The Charity shall be liable for and shall indemnify mysadaqa, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by mysadaqa 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.
In consideration of using the mysadaqa Services, the Charity shall pay the subscription and transaction fees set out in the Fees and Charges section of the Website applicable to Charities.
Termination for Charities
Notice of cancellation should be received no later than the 5th day of the final month that a Charity wishes to remain as a member Charity of mysadaqa (or the preceding Friday where the 5th day falls on a weekend or national holiday) and all notices from a Charity must include the Charity’s full name and registered charity number. Such notice shall be deemed to have been received within five (5) business days if posted (to the Attention of the mysadaqa Finance Department) and within twenty four (24) hours if emailed to our helpdesk on the email address set out on the Contact Us page of the Website. Cancellation notices received after the 5th day of a given month (or the preceding Friday, as the case may be) will usually be processed the same month, but this cannot be guaranteed. So that mysadaqa can process a cancellation request accurately and on time, post or email notice must also be provided to mysadaqa in accordance with this paragraph.
In addition to your and mysadaqa’s rights under the mysadaqa Terms of Services, you and mysadaqa will have the right to terminate the use (and provision) of the Website and the mysadaqa Services with immediate effect by notice in writing when, and at any time after, the other commits an Act of Default (as defined below) or commits any act or threatens to do any act the direct result of which is to damage or is likely to damage the reputation of the other. An “Act of Default” by either party (and in the case of these mysadaqa Terms of Services, a party is either you or mysadaqa) shall occur if:
- either party is wound up or a liquidator or examiner is appointed;
- an administration order is made in relation to the party or a receiver or an administrative receiver is appointed over or an encumbrancer takes possession of or sells all of the party's assets;
- the party makes an arrangement or composition with its creditors generally;
- the party ceases or threatens to cease to carry on its business;
- any event analogous to the events listed in the definition of Act of Default occurs in any territory in relation to the party or any step towards any such event or analogous event is taken by any person and not promptly dismissed or reversed.
In addition to its rights under this section (Termination for Charities), in the event that the Charity materially breaches any of the mysadaqa Terms of Services or if mysadaqa reasonably considers that any of the events listed in the section entitled (Charities Obligations – General) apply (or are likely to apply), mysadaqa may, at its sole discretion, without notice and with no liability to the Charity do one or both of the following:
- suspend or terminate the Charity's access to the Website or the mysadaqa Services;
- suspend any payments due to the Charity under the mysadaqa Terms of Services.
To the maximum extent permitted by applicable law mysadaqa, in any event, reserves the right to withdraw access to the Website and/or the mysadaqa Services (or any part of them) from public access at any time, at its complete discretion.
Additional terms for Charities in the United Kingdom
The mysadaqa entity and the company who provides the service to Charities based in the UK is FF Foundation Limited, whose registered office is at 38 Station Road, North Harrow, Harrow, England, HA2 7SE (company registration number 11696815).
The following provisions apply in addition to (and in the event of any conflicts will prevail over) the mysadaqa Terms of Services.
We will maintain bank accounts that are designated “Charity Trust Funds Accounts” at BARCLAYS BANK PLC. Funds (other than the interest accruing on such funds) held to the credit of these “Charity Trust Funds Accounts” are held on trust for the relevant Charity.
mysadaqa will ensure that arrangements are in place to ensure that all donations received by mysadaqa (after deduction of bank processing charges, mysadaqa's transaction fees (where relevant) and applicable sales taxes, each as set out in the Fees and Charges section of the Website) are:
- paid into a “Charity Trust Funds Account” and are held in trust for the relevant Charity; and
- paid out by automated bank transfer from the Charity Trust Funds Account to the relevant charity's validated bank account on a weekly basis.
mysadaqa will provide information systems design, testing and verification standards and requirements in accordance with good industry practice to ensure that Donors' credit cards and debit cards are debited and the Charity Trust Funds account is credited in a secure manner.
mysadaqa will set up arrangements to ensure that all Gift Aid received from HMRC is paid in accordance with the relevant payments sections in the mysadaqa Terms of Services (subject to having received the necessary information from HMRC to allocate that Gift Aid).
In addition to the rights relating to the viewing of Personal Information, the Charity can view and download updates on Gift Aid reclaims if it has Charity based account with mysadaqa.
In addition, mysadaqa will keep proper records of all tax reclaims for the relevant period.
The applicable local fundraising laws which mysadaqa are required to comply with in the United Kingdom shall include, without limitation, the Charities Act 1992, the Charities Act 2011 and the Charitable Institutions (Fundraising) Regulations 1994.
mysadaqa will offer all Donors who are UK taxpayers the option of making donations in a manner that makes them eligible for Gift Aid reclaims.
On behalf of the Charity, and subject to the Charity being recognised by HMRC as a charity or CASC and fulfilling all applicable HMRC or other requirements for Gift Aid eligibility, mysadaqa will make Gift Aid reclaims monthly from HMRC in respect of eligible donations (i.e. donations where the Donor has satisfied HMRC’s requirements and made a Gift Aid declaration).”
The Charity will provide written confirmation to mysadaqa of any related Gift Aid reclaims.
In circumstances where no Gift Aid reclaims arise within one (1) week of a refund or chargeback, mysadaqa reserves the right to invoice the Charity for the refunds and chargebacks, and the Charity agrees to settle that invoice within one (1) month of the invoice date.
The Charity shall not provide the Donor with any gift, prize or any other form of incentive in connection with the making of any donation by the Donor.
Should HMRC or any other relevant body make enquiries with mysadaqa regarding Gift Aid, including the Charity’s eligibility for Gift Aid reclaims, the Charity shall provide all reasonable assistance requested by mysadaqa in order to resolve HMRC’s enquiries or, if requested by mysadaqa, liaise directly with HMRC or the other relevant body.
The Charity acknowledges and agrees that mysadaqa is required to maintain records of Gift Aid and authorises mysadaqa to maintain such records for as long as required by local laws.
No monthly subscription fee is currently payable by Charities that join mysadaqa, regardless of donation volume. The applicable fees payable are set out in the Fees and Charges section of the Website.