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. Our VAT number is GB 141744818.
2.2 Enthuse is registered with the Financial Conduct Authority under the Payment Services Regulations 2017 for the provision of payment services, under the reference number 797344.
2.3 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.
2.4 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.
3.4 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 usually distributed monthly and is paid directly to the charity by HMRC.
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
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.
7.3 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
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
10. Intellectual property rights
10.2 No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):
· Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
· Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
11. Privacy notice
11.1 Please refer to our Privacy Notice www.enthuse.com/privacy, for details of how personal information is collected and processed by us or shared with others.
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
13.2 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.
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.
15.1 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 Online Giving Ltd, 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.
You are not permitted to use them without our approval, unless they are part of material you are using as permitted under “Intellectual Property Rights”.
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.
20. Information about you and your visits to our site
20.1 We process information about you in accordance with our Privacy Notice 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
22. Jurisdiction and applicable law
23. Your concerns
23.1 If you have any concerns about material which appears on our site, please contact Online Giving Ltd, Office 6, 155 Minories, London EC3N 1AD, UK.
ACCEPTABLE USE POLICY
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. Our VAT number is GB 141744818.
1.3 Enthuse is registered with the Financial Conduct Authority under the Payment Services Regulations 2017 for the provision of payment services, under the reference number 797344.
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 bully, insult, intimidate or humiliate any person.
- 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
- 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.
4.2 How this contract can be transferred. We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.
These terms were updated on 28 February 2022.