Website Terms

1. Introduction

1.1           This page (together with the documents referred to on it) tells you the terms of use on which you may make use of www.enthuse.com (our site), whether as a guest or a registered user. These terms of use apply to fundraisers, donors and general users of our site. If you are a charity, please note that there are additional terms and conditions applicable for usage of our site. Please refer to the charity terms and conditions.

1.2           Use of our site includes accessing, browsing, or registering to use our site. Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

2. Information about us

2.1           Online Giving Ltd, a private limited company registered in England and Wales under company number 06886190 and have our registered office at Online Giving Ltd, Office 6, 155 Minories, London EC3N 1AD, UK (“Enthuse” or “We”), operates and maintains the online donations services website www.enthuse.com and other associated services.

2.2           Enthuse allows you to donate to, and raise funds for, the charities registered with us. Each charity has entered into a services agreement with us to allow them to use our site, and authorising us to collect your donations on its behalf, and have accepted the charity terms and conditions policy for use of our website. Information regarding each charity registered with us is available on our site www.enthuse.com.

2.3           Other than these website terms and conditions, Enthuse makes no agreement with any donor or general user of our site and Enthuse does not act for or on behalf of any person other than those charities and organisations who have entered into a services agreement with us.

3. Processing of online donations

3.1           When you donate via www.enthuse.com we may process your donation on behalf of your chosen charity. Prior to confirming your donation, you will be presented with a display of your proposed donation before it is processed. Please check this page thoroughly to ensure that details relating to your donation have been entered correctly. Once you have approved your donation (making the necessary corrections in case of errors), Enthuse processes your payment and collects the donation and reclaims Gift Aid on behalf of your chosen charity (only if such charity has requested that Enthuse process Gift Aid on its behalf), before passing your donation on to that charity each month. We, or your selected charity, may use a third party to process your donation and the relevant third party may require you to comply with additional terms and conditions for the purpose of processing your donation.

3.2          In certain circumstances your selected charity may use third party processors to collect and process your donations, in which case at no point in the donation process will Enthuse collect your donations on behalf of the charity. Prior to making your donation (and after approving the contents of the display page relating to your donation), you may be directed to the relevant page of the third party processor to complete the necessary steps to make your donation, and you may be required to accept the terms and conditions appearing on such third party processor’s page.

3.3           By submitting your payment details, you accept these terms and (i) consent to us using your payment details in accordance with our Privacy Policy, and (ii) confirm that you accept these terms of use and that you agree to comply with them. You will receive a confirmation that your transaction has been successfully processed. If you notice any incorrect information, please contact us immediately so that we are able to perform any actions necessary to refund your donation (please see Clause 5 below for details regarding requests for refund).

3.4           Enthuse has no control over how your donations will be used by the charity you donate to. If you wish that your donations be used towards a particular purpose then it is your responsibility to contact the charity directly to ensure that this occurs to your satisfaction.

3.5           Where Enthuse process donations on behalf of a charity, it charges a fee, as agreed with the charity. Enthuse holds the charity’s donations in a customers’ account and passes those donations on every month, less the fee. The Gift Aid portion of donations is also distributed monthly and is paid directly to the charity by HMRC.

4. Refunds

4.1           Once you have made a donation on our site, you will only be able to request a refund if you contact us on or before the 19th day of the following month. We will not charge you a fee for processing any refund if your donation was made through our site and processed by us. If your donation was processed using a third party processor and wish to request a refund, then such third party processor may apply charges to process your refund. Please see Clause 4.3 below concerning refunds by third party processors.

4.2       If you make a donation through our site that was processed by us and your donation has already been transferred to your selected charity, you may request a refund by directly contacting the charity you made the donation to. As referred to under Clause 4.1, we will not be able to refund any of your donations if your request for a refund is communicated to us after the 19th day of the following month.

4.3       If you submit to us a refund request for a donation made through a third party processor, we will pass this request on to the third party processor, who will be responsible for making any such refund. We are not responsible for making any refund of a donation processed by a third party processor. We would advise you to contact the relevant third party processor directly in the event you have any concerns regarding the processing of refunds.

5. Unauthorised card use

5.1       When you make a donation through www.enthuse.com the transaction is final and you cannot question or dispute it, unless you can prove unauthorised use of your payment card. If you become aware that your payment card has been used fraudulently or if it is lost or stolen, you must notify your card provider in accordance with their reporting rules.

6. Change to these terms

6.1       We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

7. Our site changes regularly

7.1       We may update our site from time to time and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

7.2       We do not guarantee that our site, or any content on it, will be free from errors or omissions.

8. Accessing our site

8.1       Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

8.2       When using our site, you must comply with the provisions of our acceptable use policy. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

9. Your account and password

9.1       If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your identification code or password, you must promptly notify us at info@enthuse.com.

10. Intellectual property rights

10.1     We are the owner or the licensee of all intellectual property rights in our site, including but not limited to the trade marks referred to below, and in the material (including design, texts, graphics and all aspects related thereto) published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

11. Privacy policy

11.1     The terms of Enthuses Privacy Policy forms part of these terms. By agreeing to these terms you also confirm your approval of Enthuses use and handling of your personal information in accordance with the Privacy Policy which can be found at www.enthuse.com/privacy

12. No reliance on information posted

12.1     The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

13. Limitation of our liability

13.1     Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

13.2     To the extent permitted by law, we exclude all conditions, warranties, representations and other terms which may apply to our site or any content on it, whether express or implied.

13.3     We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site;

if you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

13.4     If you are a consumer user (including a fundraiser or donor), please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.5     We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

13.6     We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

13.7     By agreeing to our Terms of Service and/or submitting your charity’s bank details to Enthuse, you are agreeing for Enthuse to process donations on your behalf on any website or partner website which uses Enthuse to process payments for your charity. If you would like not to be listed on any of the websites or partner websites which use Enthuse to process payments for your charity, you agree to notify Enthuse by emailing details of your request to info@enthuse.com.

14. Uploading material to our site

14.1     Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user (including a fundraiser or donor), this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

14.2     Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site. We have the right to remove any content or posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our acceptable use policy.

15. Viruses

15.1     We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

15.2     You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

16. Linking to our site

16.1     You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of content on our site other than that set out above, please address your request to Enthuse, Office 6, 155 Minories, London EC3N 1AD, UK.

17. Third party links and resources in our site

17.1     Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

18. Trade marks

18.1    The Enthuse trade mark is a registered trade mark of Online Giving Ltd.

18.2     The Charity Checkout trademark is a registered trade mark of Online Giving Ltd.

18.3     The Primo Events trademark is a registered trade mark of Online Giving Ltd.

19. Gift Aid information

19.1     When you donate to a charity through www.enthuse.com and confirm that you are a UK taxpayer in accordance with the Gift Aid Scheme, we will reclaim Gift Aid on behalf of the charity if such charity has requested that Enthuse do so.

19.2     www.enthuse.com is not an accounting, taxation or financial advisor. You should not rely on information that is given on www.enthuse.com to determine the accounting, tax or financial consequences of making a donation to charity. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you. You must pay an amount of Income Tax and/or Capital Gains Tax for each tax year (6 April one year to 5 April the next) that is at least equal to the amount of tax that the charity will reclaim on your gifts for that tax year. For more information about Gift Aid, click here.

20. Information about you and your visits to our site

20.1     We process information about you in accordance with our Privacy Policy which can be found at www.enthuse.com/privacy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

21. Third party rights

21.1     A person who is not a party to these terms of use has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of these terms of use.

22. Jurisdiction and applicable law

22.1     The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

23. Your concerns

23.1     If you have any concerns about material which appears on our site, please contact Enthuse Ltd, Office 6, 155 Minories, London EC3N 1AD.

ACCEPTABLE USE POLICY

1. Introduction

1.1       This acceptable use policy sets out the terms between you and us under which you may access our website www.enthuse.com (our site). This acceptable use policy applies to all users of, and visitors to, our site. Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.

1.2       www.enthuse.com is a site operated by Online Giving Ltd (Enthuse or we or us). We are a private limited company registered in England and Wales under company number 06886190 and we have our registered office at Online Giving Ltd, Office 6, 155 Minories, London EC3N 1AD, UK.

2. Prohibited uses

2.1       You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

2.2       You also agree:

  • Not to use our service to sell goods, services, event tickets or accept payment for any purpose other than a donation to charity, unless we permit you to do so.
  • Not to reproduce, duplicate, copy or resell any part of our site in contravention of the provisions of our terms of website use.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.

3. Suspension and termination

3.1       We will determine, in our sole and absolute discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

3.2       We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

4. Changes to the acceptable use policy

4.1       We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.