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Goodstack Charity Fundraising Tool Terms

Effective Date: October 15, 2024.

  1. We Are Percent Limited t/a Goodstack of 7 Bell Yard, London, England, WC2A 2JR (company number 09387321) (“Goodstack,” “We,” “Us,” or “Our”) makes available Our Charity Fundraising Tool (including any updated or new features, functionality and technology related thereto (the “Platform”, and collectively with the other technology and services made available by Us in connection with the Platform, the “Services”). All access and use of the Services is subject to the terms and conditions contained in these Charity Fundraising Tool Terms (as amended from time to time, these “Terms”). By checking a box indicating Your acceptance of these Terms or otherwise accessing the Services, You acknowledge that You have read, understood, and agree to be bound by these Terms.  For purposes of these Terms, except in this sentence and the following sentence, “You” or “Your” means either (i) the individual using the Services, or (ii) the entity that you represent that is using the Services, and you represent and warrant that you have the authority to bind such entity to these Terms.  If you do not have such authority, or if you (or the entity that you represent) do not accept these Terms, you may not access or otherwise use the Services.  

  2. We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes to https://goodstack.io/legal and will indicate the date these Terms were last revised. We will also notify you of any material changes, either through email, or through other reasonable means. Your continued use of the Services after the date any such changes become effective constitutes Your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, you may not access, browse, or use the Services.

  3. Your Privacy: At Goodstack, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://goodstack.io/legal/privacy-policy (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

  4. Definitions

    1. “Charity”: means any organization that is a charitable organization under applicable law.

    2. “Designated Charity”: means any Charity that you use the Services to fundraise for on Your website.

    3. “Donor”: means an individual or entity that makes a donation to a Designated Charity via the Platform as integrated into Your website.

    4. “End User Hosted Donation Gateway Additional Terms”: means the hosted donation terms and conditions entered into between Goodstack and each Donor found here.

    5. “Foundation” means the third-party entity which we have partnered with to receive and distribute donations made via the Platform.

    6. “Hosted Donation Gateway Service”: means the website operated by Goodstack that provides technical assistance to Donors making donations pursuant to the End User

    7. Hosted Donation Gateway Additional Terms. The Hosted Donation Gateway Service is a part of the Services made available to You pursuant to these Terms.

    8. “Payment Provider”: a third-party entity or entities which we have partnered with to facilitate Donations.

  5. Platform Description: The Platform enables You to fundraise for one or more Designated Charities by providing donation forms which can be integrated into Your website or shared with potential Donors directly.  

  6. General: In addition, when using certain features through the Service, You will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time, such as the Donation Delivery Policy. All such terms are hereby incorporated by reference into these Terms and Conditions.

    1. You may refer Donors to the Hosted Donation Gateway Service by integrating the Platform into Your website or sharing a link to the Hosted Donation Gateway Service directly with Donors.

    2. In order to make donations via the Hosted Donation Gateway Service, each Donor is required to enter into the End User Hosted Donation Gateway Additional Terms directly with Goodstack.

  7. Partner Foundation

    1. Goodstack partners with a Foundation which makes donations to Charities. When Donors choose to make a donation to a Designated Charity through the Hosted Donation Gateway Service, their donation will be paid, using their preferred payment method through our Payment Provider, to the Foundation. Goodstack will inform the Foundation of the Designated Charity the Donor wishes to make the donation to.

    2. The Foundation retains exclusive control over all donations made to it, and donations will be delivered as per the Foundation’s Donation Delivery Policy. The Foundation will use reasonable efforts to make donations to the Designated Charities. If the Designated Charity is not willing or able to accept the donation or it fails to satisfactorily complete the Foundation’s due diligence, the Foundation will apply its Undeliverable Donation Policy.

  8. No Endorsement or Advice

    1. In providing the Services, Goodstack does not provide You or any Donor with any tax, accounting or financial advice or recommendations. We do not endorse the Foundation or any specific Charity or their activities. Goodstack does not represent or warrant that donations will be used for any particular purpose by the Foundation or any Charity. Goodstack will use reasonable efforts to secure the Foundation’s compliance with the terms of its contract with Goodstack, 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, Goodstack is not responsible for the actions or inactions of the Foundation.

  9. Donations

    1. Goodstack has no liability to You or any Donor for any donations made through the Platform.

    2. You acknowledge that donations made through the Platform are non-refundable to any Donor.

  10. Disclaimer

    1. The Services are provided on an “as is” basis without warranties of any kind, either express or implied. Use of the Services is at Your sole risk. 

    2. To the extent permitted by law, Goodstack disclaims all warranties, express or implied, arising by law or otherwise, with respect to the Services, including, without limitation any warranties relating to merchantability, non-infringement, title, or fitness for a particular purpose.

    3. We reserve the right to modify, suspend or discontinue all or any part of the Services at any time with or without notice.

  11. Term and Termination

    1. These Terms shall continue in force so long as you use the Services.

    2. Either party may terminate these Terms for convenience at any time by giving not less than 30 days’ prior written notice to the other party.

    3. Without affecting any other right or remedy available to it, either party may terminate these Terms with immediate effect by giving written notice to the other party if:

      1. the other party commits a material breach of these Terms;

      2. the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business; or

      3. the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.

    4. On termination of these Terms for any reason:

      1. all rights granted under these Terms shall immediately terminate and You shall immediately cease all use of the Services;

      2. any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination shall not be affected or prejudiced.

  12. Limitation of Liability

    1. Except as expressly and specifically provided in these Terms, You assume sole responsibility, and Goodstack shall have no liability, for results obtained from the use of the Services by You, and for any actions you take in consequence of such results.

    2. Nothing in these Standard Terms excludes or limits the liability of either party:

      1. for death or personal injury caused by negligence;

      2. for fraud or fraudulent misrepresentation;

      3. for breach of the obligations implied by section 12 of the Sale of Goods Act 1979, or section 2 of the Supply of Goods and Services Act 1982; or

      4. any other liability which may not be excluded by law.

    3. Subject to paragraph 12.B, Goodstack shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for:

      1. 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

      2. any special, indirect or consequential loss, costs, damages, charges or expenses; in either case, however arising in connection with the Services.

    4. Subject to paragraphs 12.A, 12.B and 12.C, 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 Services shall, in respect of any claim, be limited to fees received by Goodstack with respect to donations Donors make via the Platform on Your website during the 12 (twelve) months immediately preceding the date on which the claim arose.

  13. Intellectual Property Rights

    1. We reserve all copyrights and other proprietary rights to the Services. You may use the Services only for Your own personal and non-commercial purposes. Any use of the Services and the content presented therein for commercial purposes (i.e. for Your own profit) is prohibited, unless we have given our prior written consent.

    2. 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.

  14. Third Party Terms

    1. A person who is not a party to these Terms has no right to enforce any term of these Terms.

  15. Right of Withdrawal

    1. 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.

  16. Governing Law

    1. 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.

    2. Depending upon Your location, you may be entitled to submit a dispute in relation to the Services to the European Commission’s platform for online dispute resolution.

  17. Severance

    1. 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.