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Goodstack Employee Donation & Volunteer Additional Terms
Effective date: October 15, 2024
INTERPRETATION
These Employee Donation & Volunteer Additional Terms (“Terms”) constitute a legally binding contract between you and Goodstack and apply to your use of Goodstack's platform for employee donations and volunteer opportunities (the “Employee Engagement Platform”). Your use of the Employee Engagement Platform is subject to these Terms and by using the Employee Engagement Platform you accept these Terms. We may update these Terms from time to time and it is your responsibility to review the Terms whenever you make use of the Employee Engagement Platform.
Goodstack supports businesses to help their employees make donations to Charities through the Foundation. Through our Employee Engagement Platform, we offer you the opportunity to make a payment to the Foundation which then distributes your payment to a Charity as described in these Terms. If eligible, your payment may be matched by your employer.
Goodstack also supports businesses to help their employees create and participate in Volunteer Opportunities (as defined below). Through our Employee Engagement Platform, you may create, search for, and register for Volunteer Opportunities.
Goodstack is the trading name of We Are Percent LTD t/a Goodstack (UK registered company number 09387321, located at 7 Bell Yard, London, England, WC2A 2JR (“Goodstack”, “we”, “us”). If you have questions, please contact us at: hello@goodstack.io.
If we need to contact you, we will use the contact details which you provide to us as part of making the donation or signing up for a Volunteer Opportunity.
Additional Definitions: “Charity”: a charitable organisation to which you can request that the Foundation make a donation using our Employee Engagement Platform. “Employer”: the business which requested that Goodstack make the Employee Engagement Platform available to you. “Foundation”: the third-party entity which we have partnered with to receive and distribute donations made via the Employee Engagement Platform. “Payment Provider”: a third-party entity or entities which we have partnered with to enable payments for the Employee Engagement Platform. “Volunteer Opportunity”: any opportunity for an employee to volunteer their time for a beneficial cause that is offered through the Employee Engagement Platform.
PERSONAL DATA
If you provide consent, we will provide the following categories of personal data to the Charity that you identify for your donation: name, email, and address. If, after giving consent, you subsequently decide you would not like your personal data to be shared with the Charity, you can let us know by emailing dpo@goodstack.io. For more information about the processing of personal data for the Employee Engagement Platform, please see our Privacy Policy.
CONDITION OF PARTICIPATION
You can use the Employee Engagement Platform if you are a natural person who has reached the age of 18.
DONATION VIA PARTNER FOUNDATION
We partner with a Foundation which makes donations to Charities. If you choose to make a donation to a Charity through our Employee Engagement Platform, your donation will be paid to the Foundation either using your preferred payment method through our Payment Provider or through a payroll deduction implemented through your Employer. We will inform the Foundation to which Charity you wish to make the donation.
Once you make the donation, the Foundation retains exclusive control over it, and the donation will be delivered as per the Donation Delivery Policy. If the intended Charity beneficiary is not willing or able to accept the donation or it fails to satisfactorily complete the Foundation’s due diligence, the Foundation will apply the Undeliverable Donation Policy.
If you make a donation to a Charity that your Employer has identified as being eligible for a matching donation from the Employer, Goodstack will notify your Employer of your donation so that the Employer can make a matching donation. The amount of the matching donation may vary, depending on the Employer’s preferences. Despite your Employer’s offer to make a matching donation, Goodstack does not guarantee that your Employer will make the matching donation. If you have any concerns about whether your Employer will make a matching donation, you should contact your Employer directly.
Except as expressly provided by applicable law, your donation through the Employee Engagement Platform is non-refundable.
A service fee and transaction costs (including debit and credit card charges) may be deducted from your donation, unless your Employer has agreed to pay these fees and costs. We will inform you of the amount of the service fees and transaction costs that will be deducted from your donation (if any) before you finalise the donation.
The Foundation may provide you with an acknowledgment letter or tax receipt for your donation. Goodstack and the Foundation do not guarantee that you will receive any particular tax treatment for your donation, and the Foundation and Goodstack provide no comment or advice on the tax consequences or obligations arising from your donation. Please consult your professional tax advisor to discuss your individual circumstances and whether there are any tax implications or related obligations.
VOLUNTEER OPPORTUNITIES
Conditioned upon the approval of your Employer, you may list a Volunteer Opportunity on the Employee Engagement Platform. Only other employees of your Employer will be entitled to sign up for the Volunteer Opportunity.
You may register for Volunteer Opportunities through the Employee Engagement Platform. You acknowledge that your registration for a Volunteer Opportunity through the Employee Engagement Platform does not guarantee your right to participate in the Volunteer Opportunity. The organizer of the Volunteer Opportunity (and/or your Employer) may impose certain conditions on your right to participate in that Volunteer Opportunity, including your execution of a liability waiver.
You acknowledge that Goodstack does not control or vet any Volunteer Opportunities or the organisers of Volunteer Opportunities, and you hereby release Goodstack from any liability that may arise out of any Volunteer Opportunities.
NO ENDORSEMENT OR ADVICE
In providing the Employee Engagement Platform, we are not providing you with any tax, accounting or financial advice or recommendations. We do not endorse the Foundation, any specific Charity or their activities, or any Volunteer Opportunity. We do not represent or warrant that your donations will be used for any particular purpose by the Foundation or Charities.
YOUR DUTIES OF CARE
You must use the Employee Engagement Platform solely in compliance with all applicable laws. You are prohibited from using the Employee Engagement Platform to support activities that may cause us or the Foundation to violate applicable law.
You are also prohibited from:
searching, retrieving, copying or monitoring the Employee Engagement Platform and/or its content using a program, algorithm or comparable method for collecting or extracting data (such as using automated tools like bots, spiders or scrapers),
damaging, disrupting or otherwise impairing the operation of the Employee Engagement Platform as well as the systems, infrastructure and/or applications used to operate it, which includes sending, transmitting or implementing files that contain viruses, worms, Trojan horses or other harmful or destructive features,
investigating, scanning or testing vulnerabilities of the Employee Engagement Platform or circumventing or compromising security and/or authentication measures designed to protect the Employee Engagement Platform; or
copying, translating, disassembling, decompiling, reverse engineering or otherwise modifying the software of the Employee Engagement Platform in whole or in part, or creating derivative works thereof.
DISCLAIMER
Except as expressly stated in these Terms, and except where such is not legally permitted, we exclude all terms, conditions, warranties or guarantees which might apply to your use of the Employee Engagement Platform.
RESPONSIBILITY FOR FOUNDATION
We will use reasonable efforts to secure the Foundation’s compliance with the terms of its contract with us, which includes obligations related to the treatment of donations. Apart from as described in the previous sentence, to the maximum extent permitted by applicable law, we are not responsible for the actions or inactions of the Foundation.
LIMITATION OF LIABILITY
Nothing in these terms limits our liability for (a) intentional acts and gross negligence; (b) personal injury; and (c) liability that cannot be limited under applicable law.
Subject to Section 10.A, and to the maximum extent permitted by applicable law, Goodstack is not liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for (a) any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss; or (b) any special, indirect or consequential loss, costs, damages, charges or expenses, in either case, however arising in connection with the Employee Engagement Platform or donations you make through the Employee Engagement Platform.
Subject to Sections 10.A and 10.B, and to the maximum extent permitted by applicable law, Goodstack's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Employee Engagement Platform shall, in respect of any claim, be limited to fees received by Goodstack with respect to donations you make via the Employee Engagement Platform during the 12 (twelve) months immediately preceding the date on which the claim arose.
The above limitations of liability also apply regarding our liability for our agents, employees and legal representatives.
THIRD PARTY WEBSITES
Our Employee Engagement Platform pages might contain links to websites or resources owned by third parties. Where we provide these links, we are not responsible for any content, services or products available through them. You are responsible for your use of any third party links or resources and for reviewing and understanding any additional terms and conditions which such third parties might apply to your use of its links, resources, content, services or products.
INTELLECTUAL PROPERTY RIGHTS
We reserve all copyrights and other proprietary rights to the Employee Engagement Platform. You may use the Employee Engagement Platform and the content presented by the Employee Engagement Platform only for your own personal and non-commercial purposes. Any use of the Employee Engagement Platform and the content presented therein for commercial purposes (i.e. for your own profit) is prohibited, unless we have given our prior written consent.
You are not permitted to use our name or our trade mark without our written permission. If other trade marks appear on our site or service pages, you may not use these without the permission of the trade mark owner.
THIRD PARTY TERMS
A person who is not a party to these Terms has no right to enforce any term of these Terms.
RIGHT OF WITHDRAWAL
Depending upon your location, you may ordinarily have a right to withdraw from contracts for services concluded online within a cancellation period (e.g. 14 days from the date the contract was entered into) without giving any reason. Consumers exercise this right by notifying the provider of the service of the decision to withdraw from the contract. However, where the consumer wishes the service to be provided before the expiration of the cancellation period, the cancellation right is lost upon complete provision of the service. In the case of the Employee Engagement Platform, we withdraw your donation funds and any service fees and transaction costs immediately once you confirm the donation, and it is not possible to refund those payments to you if you change your mind. Accordingly, if you wish to use the Employee Engagement Platform, you expressly waive your right of withdrawal when you submit your donation.
GOVERNING LAW
Unless applicable law requires otherwise, the laws of England govern these Terms, and disputes in relation to these terms must be brought in courts located in England.
Depending upon your location, you may be entitled to submit a dispute relation to the Employee Engagement Platform to the European Commission’s platform for online dispute resolution.
SEVERANCE
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.