FREE-FUNDING TERMS OF SERVICE
Our terms of service describe what Free-Funding.com does for you and the charities and other causes you support, and what we require of you as a user.
“Cause” and “cause” refers to charities and other causes you support through use of our service, including non-charitable Free-Funding Crowdfunding.
“Free-Funding” or “us” or “we” refer to the owner of the website, BT&Sons Limited.
“Free-Funding Crowdfunding” or “crowdfunding” and related terms refer to non-charitable causes listed as such on the Website.
“Website” refers to https://free-funding.com
“You” and “your” refers to each user or viewer of the Website, including donors, charities, fundraisers and crowdfunders.
These terms of service apply in each country where we operate.
Terms of Service
These terms of service (and the relevant country specific terms) (collectively, the "Terms”) “govern your use of the Website and its associated services. Please read these Terms carefully. Your use of the Website and/or and its associated services constitutes your assent to these Terms.
We may update these Terms from time to time. It is your responsibility to review these Terms wherever you access the Website. The latest version of these Terms will govern any future usage by you of the Website and its associated services. The date on which these Terms were last updated is stated at the end of this document.
About the Causes featured on the Website:
The Website and its associated services allow you to donate to and raise funds for any Cause listed on the Website. Every Cause featured has an agreement with Free-Funding authorising Free-Funding to collect donations on its behalf. Causes are listed on this Website at Free-Funding's discretion; however, we are not responsible for the activities of any Cause. A charity must have the appropriate authorisation, permit or licence to operate as a charity, as required by the local laws of the territory in which it operates.
NOTE: On Free-Funding crowdfunding pages you can find projects or businesses not intended to raise money for charities, so you should read the description of them carefully and make your own decision regarding the authenticity and suitability of the recipient to receive your donation. It is your responsibility to ensure that the organisation or person to which you donate is the intended recipient.
Subject to the requirements of applicable local laws, and what we say below in relation to Free-Funding Crowdfunding, once your donation is made it will only be refunded to you with the prior written consent of the Cause to whom it has been directed. In the event all funds have been paid out and there are no funds available for refund, Free-Funding reserves the right to invoice or direct debit the Cause for the amount of the refund and the Cause must agree to settle that invoice within one (1) month of the date of the invoice.
For Free-Funding Crowdfunding, Free-Funding will process your donation via the payment method used at the time of donating. NOTE: no donations will be refunded for any reason, subject to applicable local laws. Occasionally, the person who created the page to which you have donated does not pass identity verification or other necessary checks, or there is some other reason that we cannot transfer the funds to them. If we are unable to transfer the funds to the Cause to which you donated, we will return your donation via the payment method from which you made the donation. If we are unable to return your donation via the payment method you used, your donation will be sent to another Cause, subject to the deduction of applicable transaction and payment processing fees.
Use of your donation
Free-Funding does not represent or warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding a Cause's use of any donation you may make through the Website or its associated services or websites powered by us or for any misuse or non-use of such donations by a Cause. After donations are made, all further dealings are solely between you and the Cause to which you donated.
NOTE: For donations to Free-Funding Crowdfunding pages, you may receive updates from the page creator to let you know more about their Cause. If you would like to stop receiving these emails, you will be able to select this option in the email footer in emails you receive from the page creator.
Please note that recipient organisations (excluding Free-Funding Crowdfunding page creators) reserve the right to use your donation for their general purposes in accordance with their practices and rules. Free-Funding shall not be responsible for ensuring that funds are earmarked for a particular appeal. If you want a donation to be used for a specific purpose or for a particular appeal, contact the organisation and make your donation directly to them.
Free-Funding (or any payments processor or card brand we work with) will verify the identity of a Free-Funding Crowdfunding page creator and undertake any other necessary checks before any funds raised are transferred to the page owner. Free-Funding shall have no liability to donors whatsoever for any use or misuse of donations made to the Free-Funding Crowdfunding page. The Free-Funding Crowdfunding page may state that page owners will use donations only for specific purposes, but Free-Funding cannot guarantee that they will use them for such purpose. If you have any doubts as to how the money will be spent you should contact the Free-Funding Crowdfunding page owner directly to seek reassurance. It is your sole responsibility, as a user of the Website, to ensure that the cause stated to be supported on a relevant Free-Funding Crowdfunding page is one that you wish to support.
For information about our fees please see https://free-funding.com/p/fees
When you make a donation, the transaction is final and not disputable unless unauthorised use of your payment card or other payment method is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules. Similarly, if you experience any issues of this nature when using another payment method, such as Stripe, you should contact the provider of that payment method for assistance.
Free-Funding will never email or phone you and ask you to provide all of your payment details.
Protecting your account
When you register with Free-Funding and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password to prevent others from gaining access to your personal information. If you become aware of any unauthorised use of your account, we recommend that you change your password immediately and call our helpdesk on the telephone number set out on the Contact Us page.
Free-Funding is not an accounting, taxation or financial advisor, and you should not rely on information given on the Website or its associated services to determine any consequences of making a donation to a Cause.
Free-Funding reserves the right to cancel your access and delete any Free-Funding page without notice in the event you fail to follow any of the above rules. Free-Funding may also suspend or delete a Free-Funding page if the relevant Cause is no longer receiving donations via Free-Funding or is no longer active.
Building a Free-Funding page in aid of a Cause in no way implies Free-Funding'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. Free-Funding reserves the right, at its absolute discretion and without notice, to cancel your personal fundraising page at the request of the Cause if the Cause, in its absolute discretion, deems your fundraising activity inappropriate or unnecessarily dangerous.
The Website and its associated services contain links to other websites, including the websites of Causes. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any direct transactions with other people or organisations are your own responsibility.
Free-Funding select partners offering relevant information and services that we believe will enhance the Cause with our commission payment scheme. Whilst we will do our best to select reputable partners of, we are not responsible for any of the information or services offered by them, and if you choose to use their services, you do so at your own risk. Each purchase that you made through Free-Funding bring to the chosen Clause a variable percentage from 2 to 25% of the total of your cart without any difference in price between our link and the original site, depending on the agreement between Free-Funding and the partner selected.
The names Free-Funding, Free-Funding site and pages, the Free-Funding logo and any other product and service names that we may present on the Website or its associated services from time to time may not be used in connection with any product or service that is not Free-Funding's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Free-Funding. Other trademarks, service marks or logos that appear on the Website or its associated services, in particular (but not exclusively) those of member charities, Free-Funding Crowdfunding pages or other organisations, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both Free-Funding and the trademark owner.
All content on the Website and its associated services is owned by Free-Funding, our member charities, Free-Funding Crowdfunding page creators or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark or other proprietary notice, and that your usage complies with any requests you may receive from any person with rights in that content. No other use of the Website's and its associated services' content is permitted without the express prior permission of Free-Funding, and, where applicable, the copyright holder.
Prohibition on data extraction and distribution
By visiting or using the Website or any of its associated services, you agree not to (and not to use any tool, program, script, browser extension or other technique, including bots, robots, spiders and scrapers and any similar tools or methods, in order to): (i) copy (except as authorised by these Terms), mirror, frame, index, scrape, mine or otherwise gather or extract any of the content or data from the Website or its associated services; or (ii) sell or distribute any data which is gathered or extracted in breach of these Terms, or which is based on or derived from any such data. Free-Funding may take any measures it sees fit to block access to the Website and its associated services where it believes that these Terms have been or will be breached. You agree that you will not take any steps to try to circumvent these measures and that you will not take any steps to mask your IP address. You acknowledge and agree that where there is any actual or threatened breach of these Terms, damages may be an inadequate remedy and Free-Funding 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. Free-Funding may also request that you destroy any data you have gathered or extracted in breach of these Terms and you agree that you will comply with such request promptly and certify the same.
Inquiries and permission requests may be sent to email@example.com.
Changes to the service
Free-Funding reserves the right to modify, suspend or discontinue all or any part of the Website and its associated services at any time with or without notice. All new features, services or software applications shall be subject to these Terms.
Failure to comply with these Terms
In the event that you fail to comply with these Terms, Free-Funding reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services.
You may discontinue use of the Website and associated services at any time. These Terms will continue to apply to your past use.
Disclaimer and Limitation of Liability
You agree that your use of the Website and its associated services is on an "as is" and "as available" basis and that your use of the Website and its associated services is at your sole risk. Free-Funding does not warrant or guarantee continuous uninterrupted or secure access to our services and operation of the Website and associated services may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms and except for the rights, guarantees and remedies which cannot be excluded, Free-Funding does not provide other conditions, guarantees, warranties or terms in relation to the Website or its associated services, to the extent permissible by law. Free-Funding shall undertake general maintenance and upkeep of the Website from time to time. During these periods, the Website and its associated services may not be available for use. In exceptional circumstances, the Website and associated services may also become unavailable at other times.
If found liable, Free-Funding shall only be liable under these Terms for direct losses which are reasonably foreseeable and caused by Free-Funding’s uncured material breach of these Terms or Free-Funding’s negligence. Free-Funding's total liability to you arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the donations you have made using the Website in the preceding 12-month period, ending on the date the circumstances giving rise to Free-Funding's liability arose.
In no event shall Free-Funding 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 Free-Funding has been advised of the possibility of such damages. YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.
Nothing in these Terms excludes any statutory rights which may apply to your use of the Website and associated services which cannot be excluded, restricted or modified by contract.
Third party rights
A person who is not a party to these Terms has no right to enforce any term of these Terms.
TERMS FOR USERS IN ALL COUNTRIES
These additional terms apply and will prevail where you access the Website or associated services in anywhere in the world (other than Australia and the United States), except where expressly indicated otherwise.
The local Free-Funding entity and the company who provides the service to you is BT&Sons Limited (registration no. 09209568), whose registered office is at 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom.
In consideration of using the Website and associated services, we do accept a voluntary gratuity from the donor. All Donations are also subject to third party payment processing fees.
Governing law; Dispute resolution
These Terms and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by English law.
The parties agree to submit all unresolved disputes between them to arbitration administered by the International Centre for Dispute Resolution (“ICDR”) and governed by the ICDR Arbitration Rules (“ICDR Rules”) then in effect, except that either party may seek injunctive relief for infringement of intellectual property rights or other proprietary rights in court. For all arbitrated matters, one (1) arbitrator will be appointed under the ICDR Rules, and the locale of arbitration will be London, England unless the parties mutually agree to another locale before the appointment of the arbitrator.
Intellectual Property Complaints
Free-Funding respects the intellectual property rights of others and requires those that visit the Website do the same. If you believe that your work has been used on the Platform in any manner that constitutes infringement, please notify us at info(at)free-funding.com. The notice should include the following information:
No Class Action
YOU AND FREE-FUNDING AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR FREE-FUNDING 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 FREE-FUNDING ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND FREE-FUNDING FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, FREE-FUNDING, AND ALL PARTIES TO ANY SUCH PROCEEDING.
Users under 18
It is a condition of use of the Website that fundraising may only be conducted by users over the age of 18. Persons under the age of 18 may create crowdfunding pages using our Website only with parental consent and supervision. The supervision requirements are as follows:
- Children under the age of 18 using Free-Funding services or creating a fundraising page must do so under the direct supervision of an adult.
- If you have any concerns whatsoever about a child's use of our services, please notify us immediately by emailing us at firstname.lastname@example.org.
ADDITIONAL TERMS FOR FREE-FUNDING CROWDFUNDING PAGE CREATORS
If you create a Free-Funding Crowdfunding page on the Website the following terms, in addition to the Terms of Service, will apply to your dealings with Free-Funding in relation to the relevant Free-Funding Crowdfunding page and your use of the Website and associated services. To the extent there is any conflict between these additional terms and the core Terms, these additional terms will prevail.
Support and Donation Acknowledgements
Free-Funding will respond, either by email or live chat as appropriate, to donors' and fundraisers’ enquiries received by Free-Funding, in accordance with the Contact Us page on the Website.
Free-Funding will collect personal information from donors including but not limited to the donor's name, title, address and email address ("Personal Information") at all times in accordance with applicable laws, including the EU General Data Protection Regulation and the UK Data Protection Act 2018 ("Privacy Laws") and protect and secure such information.
You and Free-Funding will comply with all applicable laws.
Free-Funding does not review or exercise any editorial control over the content of information on your Free-Funding Crowdfunding page. In the event that Free-Funding is made aware of or has knowledge of any unlawful activity or information on the Website or associated services, Free-Funding shall act to remove or disable access to the information. Free-Funding shall not be liable to you or the Free-Funding Crowdfunding page as a result of its role hosting your Free-Funding Crowdfunding page on the Website.
Free-Funding Crowdfunding creator obligations
It is Free-Funding’s policy that all crowdfunding campaigns must serve a purpose that benefits the public good. Free-Funding retains the unrestricted ability to reject or terminate a campaign in its sole discretion when Free-Funding believes the burdens of continuing a campaign are not in its best interest. In rejecting or terminating a campaign, Free-Funding 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:
Free-Funding Crowdfunding is not directed to anyone under 13 years of age. If you are under 13, you are not authorised to use Free-Funding Crowdfunding. If you are between 13 and t18 years of age, then you may only set up a Free-Funding Crowdfunding page if you have your parent’s or guardian’s approval. Please ensure that your parent or guardian understands that you will be responsible for using the funds in accordance with these Terms.
The licence of Trademark and Copyrighted Material
You hereby grant to Free-Funding, its affiliates and its partners a non-exclusive licence to use any of your Free-Funding Crowdfunding page's trademarks and any copyrighted material on your page (including images and videos or any link to the same) solely in connection with the Website and associated services and its operation and promotion and for no other purpose whatsoever.
Disclaimer and Limitation of Liability
Notwithstanding the provisions of the "Disclaimer and Limitation of Liability" section of the core Terms, Free-Funding's total liability to you arising under or in connection with these Terms, so far as such liability arises out of or relates to your creation and/or use of a Free-Funding Crowdfunding page, shall be limited to the total fees paid by you to Free-Funding under these Terms for your use of the Website and associated services during the preceding 12 month period ending on the date the circumstances giving rise to the liability arose.
In no event shall Free-Funding 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 FREE-FUNDING has been advised of the possibility of such damages. YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.
The parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of the Website and associated services and which is not in the public domain. No party shall use or disclose to any third party such information belonging to the other party without that party's prior written consent, except where (i) required to do so by applicable law, including, without limitation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, or regulatory or governmental body or (ii) those third parties operating under non-disclosure provisions no less restrictive than those set forth in this agreement and who have a justified business “need to know.”. This paragraph shall survive termination of these Terms. For the avoidance of doubt, Personal Information shall be treated in accordance with Applicable Laws and shall not be considered “confidential information” belonging to a party unless it is the Personal Information of a crowdfunder.
Free-Funding reserves the right, at its sole discretion, to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services. The obligations contained herein will continue to apply to your past use.
Upon termination or suspension or denial of access to the Website and associated services, funds already received on your behalf by Free-Funding will be handled in accordance with the provisions above, provided that any potential payment (where applicable) may be delayed where Free-Funding conducts an investigation regarding your use of the Website and associated services and Free-Funding may decide to refuse to pay funds across to you where you have breached these Terms or your Free-Funding Crowdfunding page has been removed. In such circumstances, Free-Funding may authorise a refund of donations to donors.
Last updated: 20 May 2019