Terms and Conditions

Effective Date: 12/07/2023

General

Please read these Terms and Conditions ("Terms") carefully before using the Pocket Giving Ltd app (the "App") operated by Pocket Giving Ltd ("Pocket Giving," "we," or "us"). By accessing or using the App, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use the App.

Use of the App

1.1 Eligibility: By using the App, you represent that you are at least 16 years old and have the legal capacity to enter into these Terms.

1.2 License: Subject to your compliance with these Terms, Pocket Giving grants you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes. You may not modify, distribute, transmit, display, perform, reproduce, duplicate, or create derivative works of the App or any content therein without prior written permission from Pocket Giving.

1.3 Account Creation: In order to use certain features of the App, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You must promptly notify Pocket Giving of any unauthorized use or suspected breach of security.

Donations and Financial Transactions

2.1 Donation Processing: The App allows users to make donations to charitable organizations. By initiating a donation through the App, you agree to provide accurate and complete information and to authorize Pocket Giving to process the transaction on your behalf.

2.2 Processing Fees: Pocket Giving deducts a processing fee of [insert percentage] from each donation made through the App. This fee covers the costs associated with collecting, processing, and disbursing the funds to the designated charities.

2.3 Third-Party Payment Processors: Pocket Giving utilizes third-party payment processors to facilitate financial transactions. By using the App, you agree to comply with the terms and conditions of these payment processors. Pocket Giving is not responsible for the actions or policies of these third-party payment processors.

User Obligations

3.1 Prohibited Conduct: When using the App, you must not engage in any conduct that:

Violates any applicable laws, regulations, or third-party rights.
Harasses, threatens, or harms others.
Impersonates any person or entity or falsely represents your affiliation with any person or entity.
Interferes with or disrupts the functioning of the App or its servers.
Introduces viruses, malware, or any other harmful code.
Collects or stores personal information of other users without their consent.

3.2 Content Submission: If you submit any content, including comments, feedback, or suggestions, you grant Pocket Giving a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.

Intellectual Property

4.1 Ownership: The App, including its design, features, and content, is the exclusive property of Pocket Giving and is protected by copyright, trademark, and other intellectual property laws. You may not use, copy, modify, or distribute any part of the App without prior written permission from Pocket Giving.

4.2 Trademarks: "Pocket Giving" and the Pocket Giving logo are trademarks owned by Pocket Giving Ltd. You may not use these trademarks or any confusingly similar marks without our prior written consent.

Limitation of Liability

5.1 Disclaimer of Warranties: The App is provided on an "as is" and "as available" basis. Pocket Giving makes no warranties or representations, express or implied, regarding the App's availability, functionality, or suitability for your specific purposes.

5.2 Limitation of Liability: Pocket Giving shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the App, including but not limited to financial losses, data breaches, or damages to your devices.

Amendments to the Terms

Pocket Giving reserves the right to amend these Terms at any time. Any updates or modifications to these Terms will be effective upon posting on the App. Your continued use of the App after any changes signifies your acceptance of the modified Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of United Kingdom. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of United Kingdom.

If you have any questions or require further information, please contact our support team at Hello@pocketgiving.co.uk or 07867793736.

Terms and conditions for Charities

Please read these Terms and Conditions carefully. By applying to be (and continuing to be) a member of the Pocket Giving Ltd platform, each charity and similar organisation (each a “Charity” for the purposes of these Terms and Conditions) is agreeing to these Terms and Conditions. If the Charity does not wish to be bound by these Terms and Conditions, the Charity should not continue to use or access any of the Pocket Giving Ltd Services (as defined below).

Pocket Giving Ltd operates its business in a number of countries and Sections 1 to 15 of these Terms and Conditions (the “core terms”) apply to all Charities, wherever they are located. Different and additional terms (displayed after the core terms) may apply depending on the type of Charity and where a Charity is based, as described below. Please click here for the additional terms of service in
‍Australia and New Zealand, United Kingdom, United States, Republic of Ireland and other countries in the Eurozone or Rest of the World.

Pocket Giving Ltd is a trading name of the local Pocket Giving Ltd entity as set out in the country specific terms. Pocket Giving Ltd operates various online tools and services including a website at www.Pocket Giving Ltd.com which allows users to create fundraising pages, for users to donate to those pages and for Charities to access data about those pages (together, the "Pocket Giving Ltd Services"). The Terms and Conditions govern the Charity's use of the Pocket Giving Ltd Services.

Please note that separate terms and conditions apply (in addition to these Terms and Conditions) for the use of certain Pocket Giving Ltd products or services, such as APIs.

Pocket Giving Ltd may change or update these Terms and Conditions from time to time. The current version of the Terms and Conditions will be available on www.Pocket Giving Ltd.com. It is the Charity's responsibility to access and check these Terms and Conditions whenever the Charity accesses or uses the Pocket Giving Ltd Services. The latest version of these Terms and Conditions will govern any future usage by the Charity of the Pocket Giving Ltd Services.

These Terms and Conditions supersede and replace all previous versions of the Terms and Conditions.

1. Term & Membership

1.1 For the purposes of these Terms and Conditions, "Commencement Date" shall mean the date from which the Charity is notified that the Charity has been successfully registered to use the Pocket Giving Ltd Services (which shall be at Pocket Giving Ltd’s sole discretion). Pocket Giving Ltd shall provide the Pocket Giving Ltd Services to the Charity and the Charity shall comply with these Terms and Conditions until the membership is validly terminated.

1.2 Membership is for a minimum period of one (1) month from the Commencement Date and thereafter from month to month until terminated by written notice by either party to the other, in accordance with Section 10.1 below. Please see Section 10 of these Terms and Conditions for further termination provisions.

2. Pocket Giving Ltd’s Obligations

Donations and Charity Trust Funds Account

2.1 Pocket Giving Ltd will maintain the Charity Trust Funds Accounts at Bank of America. These are trust bank accounts in which monies (other than the interest accruing on such monies) are held on trust for the Charity and do not belong to Pocket Giving Ltd.

2.2 Pocket Giving Ltd will operate the Pocket Giving Ltd Services so that donors can make online donations by credit or debit card, or by any other payment method made available by Pocket Giving Ltd, through a Fundraising Page set up for the Charity or on the Charity's area on the Pocket Giving Ltd website. For UK-registered Charities on the ‘starter plan’, for which no monthly subscription fee is payable, the Pocket Giving Ltd Services will be limited to the provision of Pocket Giving Ltd Campaign pages. For all Charities, use of the Pocket Giving Ltd Services is on an "as is" and "as available" basis. Whilst Pocket Giving Ltd cannot promise trouble-free use, experience suggests that the Pocket Giving Ltd Services are reliable.

2.3 Pocket Giving Ltd will set up arrangements to ensure that all donations received by Pocket Giving Ltd (after deduction of bank processing charges, Pocket Giving Ltd's transaction fees and applicable sales taxes, as described in Section 6) are:

paid into a Charity Trust Funds Account and are held in trust for the Charity; and
paid out by automated bank transfer from the Charity Trust Funds Account to the Charity's validated bank account. For Charities on the starter plan, these payments will be made monthly. For all other Charities, these payments will be made weekly for payments in GBP of £100 or more, fortnightly for payments in AUD or HKD, and monthly for payments in GBP of amounts less than £100 or in a currency other than GBP, AUD or HKD.

2.4 Pocket Giving Ltd will provide information systems design, testing and verification standards and requirements in accordance with good industry practice to ensure that donors' credit cards and debit cards are debited and the Charity Trust Funds account is credited in a secure manner.

Support and Donation Acknowledgements

2.5 Pocket Giving Ltd will send prompt e-mail acknowledgements to donors in respect of each donation made to the Charity via the Pocket Giving Ltd Services.

2.6 Pocket Giving Ltd will respond to fundraisers' and donors' account enquiries that it receives.

Personal Information

2.7 Pocket Giving Ltd will capture personal information including but not limited to the fundraiser's and the donor's name, title, address and email address ("Personal Information") at all times in accordance with local privacy laws, regulatory requirements and guidance as updated and amended from time to time including such laws, regulatory requirements and guidance applicable in the territory where donors and fundraisers access the Website ("Local Privacy Laws") and protect and secure such information. Charities should refer to the Pocket Giving Ltd Terms of Service, Pocket Giving Ltd Privacy and the Pocket Giving Ltd Cookies Policy for more details of how Pocket Giving Ltd operates its services, processes Personal Information and uses cookies. For the avoidance of doubt this Section 2.7 does not imply that Pocket Giving Ltd will share such information with the Charity, but selected Personal Information shall be shared with the Charity in accordance with Section 2.9 below.

2.8 To the maximum extent possible under applicable law, Pocket Giving Ltd will abide by the instructions of all fundraisers and donors in respect of their Personal Information.

2.9 Subject to the Charity paying the Fees in accordance with Section 6 below, Pocket Giving Ltd will provide all Charities, except those on the starter plan, with access to a secure, password- and PIN-protected account on the Website where the Charity can view and download details of donations made to the Charity, details of payments made by Pocket Giving Ltd to the Charity and updates on fundraiser and donor details (“Charity Account”), all such information to be provided by Pocket Giving Ltd in strict compliance with:

the applicable Local Privacy Laws as they apply to the relevant fundraisers and donors;
the privacy laws referred to in the country specific terms relevant to the Charity; and
any other privacy laws, regulatory requirements and guidance which are relevant to the processing of Personal Information throughout the world, (together, "Global Privacy Laws").

2.10 Pocket Giving Ltd will not sell, trade or rent Personal Information to third parties.

Records and Audit Requirements

2.11 Pocket Giving Ltd will keep proper records of all donations and income received and expenses incurred for such period as may from time to time be required by the applicable local governmental revenue body, and maintain records which relate to the Charity and the performance of the obligations hereunder (to which the Charity may, subject to the Global Privacy Laws, have access and take photocopies of at its own expense on request and at reasonable times).

2.12 Pocket Giving Ltd will, via the Charity Account, provide each Charity (aside from Charities on the starter plan) with the ability to download reports outlining: the number of donations received, the value of the donations received, and (where applicable) the transaction fees deducted from the total donations in accordance with Section 6.

Site Maintenance and Miscellaneous

2.13 Pocket Giving Ltd will comply at all times with all applicable laws and applicable authority, licence, permit or registration requirements.

2.14 Pocket Giving Ltd will undertake planned maintenance and upkeep of the Pocket Giving Ltd Services.

Intermediary

2.15 Pocket Giving Ltd, as operator of the Pocket Giving Ltd Services, acts as an intermediary between the Charity and the individual users of the Pocket Giving Ltd Services. Whilst the Charity and the individual user information resides on the Pocket Giving Ltd Services, Pocket Giving Ltd does not check or exercise any editorial control over the content of such information, save as required by applicable local laws. In the event that Pocket Giving Ltd is made aware of or has knowledge of any unlawful activity or information on the Pocket Giving Ltd Services, Pocket Giving Ltd shall promptly act to remove or disable access to the information. Pocket Giving Ltd shall not be liable to the Charity as a result of its role as intermediary and is not required to notify the Charity of any such removal or disablement of access to information.

3. Charity’s Obligations - General

3.1 The Charity will ensure that all content (including text and images) supplied by it to Pocket Giving Ltd for display on the Pocket Giving Ltd Services or which it itself posts on any of the Pocket Giving Ltd Services (including, in each case, links to any third party sites or content) will not violate any law or regulation or be defamatory, misleading, obscene or breach any intellectual property rights of a third party or breach any right of or duty owed to a third party.

3.2 The Charity will provide written confirmation to Pocket Giving Ltd of any donations (including any Gift Aid reclaimed on the same) that it permits Pocket Giving Ltd to reimburse to the donor. Pocket Giving Ltd will not permit refunds without prior written consent from the Charity, unless required by applicable local laws.

3.3 Subject to local applicable laws, the Charity will permit Pocket Giving Ltd to deduct such refunds, and any chargebacks arising, from subsequent donations payable to the Charity. Should no donations arise within one (1) week of the refund or chargeback Pocket Giving Ltd reserves the right to invoice the Charity for the refunds and chargebacks, and the Charity agrees to settle that invoice within one (1) month of the invoice date.

3.4 The Charity will maintain the necessary authority, permit, licence, consent, approval and registration for it to fundraise (and, where applicable, for Pocket Giving Ltd to fundraise on its behalf) in accordance with applicable local laws and if Pocket Giving Ltd needs any such authority, permit, licence, consent, approval or registration for it to fundraise on behalf of the Charity then the Charity will, at no cost to Pocket Giving Ltd, provide all such assistance as Pocket Giving Ltd reasonably requires to assist Pocket Giving Ltd with the same.

3.5 The Charity will inform Pocket Giving Ltd immediately if, for any reason, it:

ceases to carry on operating for charitable purposes;
is found to be engaged in any corrupt or immoral practices;
is subject to any investigation or inquiry which could result in the necessary authority, permit, licence, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws being suspended, revoked or withdrawn; or
ceases to have the necessary authority, permit, licence, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws.

3.6 The Charity will promptly provide any information reasonably requested by Pocket Giving Ltd in order for Pocket Giving Ltd to be able to provide the Pocket Giving Ltd Services to the Charity effectively.

3.7 The Charity will ensure that, in each case where a donor is advised that his/her donation will be used for a specific purpose, appeal or outcome (including but not limited to all Pocket Giving Ltd Campaign pages), the donation is used only for that specific purpose, appeal or outcome.

3.8 The Charity will comply with all applicable laws and regulations in its use of the Pocket Giving Ltd Services.

3.9 The Charity will maintain the security and confidentiality of any passwords and PINs provided by Pocket Giving Ltd for the purpose of accessing the Charity Account and shall not share these passwords or PINs with any third party. Pocket Giving Ltd shall not be liable for and accepts no responsibility for misuse of any Charity Account.

3.10 The Charity represents, warrants and undertakes to Pocket Giving Ltd that:

these Terms and Conditions have been accepted and agreed to by a sufficient number of its duly authorised representatives; and
any documents provided to Pocket Giving Ltd as part of the Charity’s application for registration or maintenance of such registration) have been or shall be executed by a sufficient number of its duly authorised representatives.

4. Charity’s Obligations – Data Protection and Direct Marketing

4.1 To the extent that the Charity’s use of the Pocket Giving Ltd services results in access to any Personal Information, the Charity will:

at all times assist with the responsibilities of Pocket Giving Ltd, as a data controller responsible for determining how the Personal Information is processed under the provisions of the Global Privacy Laws;
not do, or cause or permit to be done, anything which may result in a breach by Pocket Giving Ltd of the Global Privacy Laws and comply with all reasonable instructions from Pocket Giving Ltd relating to the processing by the Charity of such Personal Information;
comply with the Local Privacy Laws in respect of the Charity's collection, use, disclosure or processing of the Personal Information;
abide by the lawful instructions of all data subjects in respect of the Personal Information and not do anything to compromise the security of such information;
not sell, trade or rent Personal Information to third parties;
hold the Personal Information securely and not disclose it to anyone other than Pocket Giving Ltd, as agreed to by the data subject and/or as permitted by Global Privacy Laws;
implement adequate security, technical and organizational measures against all unauthorized, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with Global Privacy Laws, and abide by Pocket Giving Ltd's reasonable requirements to ensure the security of the Personal Information as notified to the Charity from time to time;
use Personal Information appropriately and only for the specific purposes as notified to the Charity from time to time, including by way of the applicable privacy policy available on Pocket Giving Ltd's Website; and
not retain any Personal Information for longer than is necessary.

4.2 In addition to its obligations under Section 4.1 above, if the Charity’s use of the Pocket Giving Ltd services results in access to any Personal Information and the fundraiser or donor has agreed to receive marketing communications from the Charity (as will be reflected in the Charity Account), the Charity will only send marketing communications to the fundraiser or donor to the extent that the fundraiser or donor:

has indicated their preference to receive such communications; and
has not indicated a preference or otherwise asked to stop receiving such communications. This includes the fundraiser or donor clicking an unsubscribe link or registering with any applicable preference service (which the Charity agrees it shall, to the extent it is required to do so, check before sending any communications).
Where use of the Pocket Giving Ltd services results in access to any Personal Information relating to a fundraiser but that fundraiser has not agreed to receive marketing communications from the Charity, as will be reflected in the Charity Account, the Charity shall only communicate with that fundraiser in relation to their specific fundraising page and shall not (unless separate consent is obtained by the Charity) communicate with that person for any other purpose (including marketing).

4.3 The Charity shall be liable for and indemnify Pocket Giving Ltd, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by Pocket Giving Ltd which arise (directly or indirectly) out of or in connection with any breach of Sections 4.1 or 4.2 by the Charity.

5. Intellectual Property Rights and Licence

5.1 All intellectual property rights in the Pocket Giving Ltd Services and any material (including text, photographs and other images, trademarks and logos) contained in the Pocket Giving Ltd Services are either owned by Pocket Giving Ltd or have been licensed to Pocket Giving Ltd by the rights owner(s) for use as part of providing the Pocket Giving Ltd Services. Nothing in these Terms and Conditions shall operate as an assignment of any such intellectual property rights. Pocket Giving Ltd hereby grants to the Charity a personal, non-exclusive, non-transferable, royalty-free licence for the Charity to use the Pocket Giving Ltd Services for the sole purpose for which they are provided and in accordance with these Terms and Conditions.

5.2 The Charity hereby grants to Pocket Giving Ltd, its affiliates and its partners a non-exclusive, worldwide and royalty-free licence to use its name and logo in connection with the performance and promotion of the Pocket Giving Ltd Services.

5.3 The licences in Sections 5.1 and 5.2 shall terminate automatically on valid termination of the Charity's membership in accordance with Section 10 below.

5.4 The Charity shall be liable for and shall indemnify Pocket Giving Ltd, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by Pocket Giving Ltd which arise (directly or indirectly) out of or in connection with any third party demand, claim or action alleging infringement of the third party’s intellectual property rights.

6. Fees

In consideration of using the Pocket Giving Ltd Services, the Charity shall pay the subscription and transaction fees set out in this Section 6 to Pocket Giving Ltd together with any other fees set out in the country specific terms below (together, the “Fees”).

Subscription Fees

6.1 A subscription fee may apply, as set out in the relevant country specific terms. If applicable, the subscription fee shall be payable monthly via automated bank transfer. Pocket Giving Ltd retains the right to suspend the Charity’s use of the Pocket Giving Ltd Services at any time should collection of this amount not be successful for any reason or the Charity does not pay any other amount due to Pocket Giving Ltd under these Terms and Conditions for any other reason. In this situation, the Charity will only be granted access to the Pocket Giving Ltd Services upon receipt of any outstanding subscription fees.

Transaction Fees

6.2 The Charity shall pay to Pocket Giving Ltd a transaction fee on each donation which is comprised of:

the cost to access the necessary payment card infrastructure via a payment gateway or other electronic service to process payments on behalf of the Charity which is determined at market rates and varies by payment type and payment processor (“Payment Processing Fee”); and
except where otherwise specified in the relevant country specific terms below, a platform fee of a percentage of the gross donation (“Platform Fee”).

6.3 The Charity hereby authorises Pocket Giving Ltd, subject to applicable local laws, to deduct the Platform Fee (if applicable) together with applicable sales taxes and the Payment Processing Fee from each donation before paying the balance to the Charity in accordance with Section 2.3 above.

6.4 The Pocket Giving Ltd Services may include an option for a donor to pay the Platform Fee instead of the Charity. If a donor chooses this option, the full amount of the donation will be paid to the Charity after the deduction of the applicable Payment Processing Fee (and applicable sales taxes), and Pocket Giving Ltd will retain the Platform Fee paid by the donor.

6.5 For more information about Pocket Giving Ltd’s transaction fees, please see https://www.Pocket Giving Ltd.com/info/fees-2019-march (as this page may be changed or updated from time to time).

6.6 Pocket Giving Ltd may offer the Charity the option of implementing a deep link to power its fundraising activities (for example, on its website or in emails to donors) (“Deep Link”), which will permit donations to be processed via Pocket Giving Ltd’s payment services without the deduction of any Payment Processing Fees (“Giving Checkout Offer”). Instead, a donor will be given the option of making a voluntary contribution to Pocket Giving Ltd to cover the costs of operating the fundraising platform, including the payment processing charges. If the Charity participates in the Giving Checkout Offer, Pocket Giving Ltd will not charge the Charity the Payment Processing Fees on any donation processed via the Deep Link, and accordingly Pocket Giving Ltd will pay the full amount of each such donation to the Charity after deducting any applicable Gift Aid Service Fees. Pocket Giving Ltd reserves the right to withdraw the Giving Checkout Offer (on a standard or individual basis) at any time in respect of any or all Charities and recommence the charging, and the deduction, of the Payment Processing Fees on all such external donations, subject to notifying the relevant Charity or Charities in advance. For the avoidance of any doubt, if the Charity participates in the Giving Checkout Offer, it will still be charged the Payment Processing Fees on donations processed on its behalf on the website www.Pocket Giving Ltd.com.

7. LIABILITY

7.1 POCKET GIVING LTD DOES NOT, AND NOTHING IN THESE TERMS AND CONDITIONS SHALL ACT TO, EXCLUDE OR LIMIT POCKET GIVING LTD’S OR THE CHARITY’S LIABILITY: (I) FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE; (II) FRAUD; (III) UNDER ANY INDEMNITY CONTAINED IN THIS AGREEMENT; OR (IV) ANY OTHER LIABILITY WHICH MAY NOT BY APPLICABLE LAW BE EXCLUDED OR LIMITED.

7.2 The Charity agrees that the Pocket Giving Ltd Services are provided on an "as is" and "as available" basis and that its use of the Pocket Giving Ltd Services is at the Charity's sole risk. Pocket Giving Ltd does not guarantee continuous, uninterrupted, error or virus free or secure access to our Services and operation of the Pocket Giving Ltd Services may be interfered with by numerous factors outside of Pocket Giving Ltd’s control. On that basis, except as expressly set out in these Terms and Conditions, Pocket Giving Ltd does not enter into conditions, warranties or other terms in relation to the Pocket Giving Ltd Services, and they are excluded to the fullest extent permissible by law.

7.3 Subject to Section 7.1, in no event shall Pocket Giving Ltd be liable (whether for breach of contract, negligence or for any other reason) for any loss or damage which the Charity may claim to have suffered by reason of its (or any donor, fundraiser or other user) accessing and use of (or inability to access and use) the Pocket Giving Ltd Services or any part of them, including (but not limited to) loss of profits, exemplary or special damages, loss of sales, loss of donations, loss of Gift Aid, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, incidental consequential or special loss, however arising.

7.4 Pocket Giving Ltd may change the format and content of the Pocket Giving Ltd Services from time to time. In particular, the Charity should refresh its browser each time it visits the Website to ensure that the Charity downloads the most up to date version of the Website, including the latest version of these Terms and Conditions.

7.5 Subject to the other terms of this section 7, the total aggregate liability of Pocket Giving Ltd arising under or in connection with the Charity (or any donor, fundraiser or other user) accessing and using the Pocket Giving Ltd Services and inability to access or use the Pocket Giving Ltd SERVICES shall be limited to the total fees paid under these Terms and Conditions by the Charity during the preceding 12 months period ending on the date the circumstances giving rise to the liability arose.

7.6 Some countries do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages which means that some of the above limitations may not apply to Charities based on those countries. In these countries, Pocket Giving Ltd's liability will be limited to the greatest extent permitted by law.

8. Insurance

Each party must at all times maintain such adequate insurances as are required by local applicable laws or as are customary for the parties to an agreement of the nature of these Terms and Conditions to maintain in the local marketplace.

9. Confidential Information

During the term of the Charity's membership and for a period of seven (7) years thereafter, the parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of Pocket Giving Ltd's 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 required to do so by applicable local law or regulatory or governmental body. This Section 9 shall survive termination of these Terms and Conditions.

10. Termination

10.1 In accordance with Section 1 above, notice of cancellation should be received no later than the 5th day of the final month that a Charity wishes to remain as a member Charity (or the preceding Friday where the 5th day falls on a weekend or national holiday) and all notices from a Charity must include the Charity’s full name and registered charity number. Such notice shall be deemed to have been received within five (5) business days if posted (att: finance department) and within twenty-four (24) hours if emailed ( [email protected]). Cancellation notices received after the 5th day of a given month (or the preceding Friday, where relevant) will usually be processed the same month, but this cannot be guaranteed. Please note that cancelling a direct debit that has been set up to pay the subscription fee described in Section 6 is not sufficient to cancel a Charity membership; so that Pocket Giving Ltd can process a cancellation request accurately and on time, post or email notice must also be provided to Pocket Giving Ltd in accordance with this Section 10.1.

10.2 In addition to the rights of each party under Sections 1 and 10.1 above, each party will have the right to terminate the use (and provision) of the Pocket Giving Ltd Services with immediate effect by notice in writing when, and at any time after, the other party commits an act of default (as defined below) or commits any act or threatens to do any act the direct result of which is to damage or is likely to damage the reputation of the other party. An act of default by either party shall occur if:

the party is wound up or a liquidator or examiner is appointed;
an administration order is made in relation to the party or a receiver or an administrative receiver is appointed over or an encumbrancer takes possession of or sells all of the party's assets;
the party makes an arrangement or composition with its creditors generally;
the party ceases or threatens to cease to carry on its business;
any event analogous to the events listed in Sections 10.2.1 - 10.2.4 (inclusive) occurs in any territory in relation to the party or any step towards any such event or analogous event is taken by any person and not promptly dismissed or reversed.

10.3 In addition to its rights under Sections 1, 10.1 and 10.2 above, in the event that the Charity materially breaches any of these Terms and Conditions or if Pocket Giving Ltd reasonably considers that any of the events listed in Sections 3.5.1, 3.5.2, 3.5.3 or 3.5.4 apply (or are likely to apply), Pocket Giving Ltd may, at its sole discretion, without notice and with no liability to the Charity do one or both of the following:

suspend or terminate the Charity's access to the Pocket Giving Ltd Services;
suspend any payments due to the Charity under Section 2.3.

10.4 To the maximum extent permitted by applicable law Pocket Giving Ltd, in any event, reserves the right to withdraw the Pocket Giving Ltd Services (or any part of them) from public access at any time, at its complete discretion.

11. Suspension of Pocket Giving Ltd Services

Pocket Giving Ltd may, in its sole discretion, without liability to the Charity, suspend the operation of any of the Pocket Giving Ltd Services in full or in part at any time, for example but without limitation for repair or maintenance work or in order to update or upgrade the contents or functionality of the Pocket Giving Ltd Services from time to time.

12. Notices and Entire Agreement

12.1 Notices referred to above should be made in writing and sent by registered post to the addresses given in the applicable country specific terms or, in the case of notices to be sent by or to Pocket Giving Ltd, by email to [email protected] .

12.2 These Terms and Conditions represent the entire agreement between Pocket Giving Ltd and the Charity and supersede and replace any other representations made orally or in writing.

13. Third Party Rights

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

14. Grievances from employees, complaints handling process and dispute resolution

Grievances from employees

14.1 Any grievances by employees of either party will be dealt with by that party.

Complaint handling procedure

14.2 Pocket Giving Ltd will promptly respond to any complaints from fundraisers or donors concerning the Pocket Giving Ltd Services.

14.3 Pocket Giving Ltd will maintain records relating to complaints it receives.

Dispute resolution

14.4 If a dispute arises under these Terms and Conditions or concerning its subject matter, either party may at any time give written notice to the other requesting that a meeting take place to seek to resolve the dispute. The nominated senior representatives of both parties must meet within five business days of the notice and try to resolve the dispute in good faith. If such a meeting does not take place or if five business days after the meeting the dispute remains unresolved, either party may pursue its rights at law.

14.5 Despite the existence of a dispute, each party must continue to perform its obligations under these Terms and Conditions.

14.6 Sections 14.4 and 14.5 do not restrict or limit the right of either party to obtain interim, protective or interlocutory relief, or to immediately terminate these Terms and Conditions where these Terms and Conditions provide such a right.

15. Governing Law

These Terms and Conditions and any contractual or non-contractual claim arising out of or in connection with a Charity’s use of the Pocket Giving Ltd Services are governed by the law, and subject to the jurisdiction of the courts, of the country set out in the country specific terms.

Additional terms for Charities in the United Kingdom

The local Pocket Giving Ltd entity and the company who provides the service to Charities based in the UK is Giving.com Limited, whose registered office is at 5 New Street Square, London, United Kingdom, EC4A 3TW (registration no. 3871904).

The following provisions apply in addition to (and in the event of any conflicts will prevail over) the core terms, and section numbers below relate to the corresponding sections in the core terms:

Donations and Charity Trust Funds Account

2.3 Pocket Giving Ltd will set up arrangements to ensure that all Gift Aid received from HMRC is paid in accordance with Section 2.3 of the core terms (subject to having received the necessary information from HMRC to allocate that Gift Aid). Any Gift Aid received shall be paid out to each Charity once per month, normally in the same week that Pocket Giving Ltd receives the Gift Aid from HMRC. Where Gift Aid is claimed in respect of a donation, processing charges and Pocket Giving Ltd’s transaction fees (as described in Section 6) will be deducted from the Gift Aid reclaimed amount in priority to a deduction from the donation itself (or any subsequent donation). Where the Charity has not appointed the designated Pocket Giving Ltd reclamation tax officers as officers of the Charity for the purpose of reclaiming Gift Aid due to the Charity and fails to sign and return to Pocket Giving Ltd a completed Gift Aid reclaim form (currently, a ChV1 form) within twenty-one (21) days of receipt, Pocket Giving Ltd is hereby authorised to deduct the transaction fees (if any) together with payment processing charges from the donation (or any subsequent donation).

Personal Information

2.9 In addition, the Charity can view and download updates on Gift Aid reclaims if it has a Charity Account.

2.9.2 The applicable Local Privacy Laws in the United Kingdom include, without limitation, the Data Protection Act 2018, the retained EU law version (converted by section 3 of the European Union (Withdrawal) Act 2018) of the General Data Protection Regulation (EU) 2016//679 (UK GDPR) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426), in each case, as amended, extended or re-enacted from time to time and including all subordinate legislation made from time to time thereunder.

Records and Audit Requirements

2.11 In addition, Pocket Giving Ltd will keep proper records of all tax reclaims for the relevant period.

Miscellaneous

2.13 The applicable local fundraising laws which Pocket Giving Ltd are required to comply with in the United Kingdom shall include, without limitation, the Charities Act 1992, the Charities Act 2011 and the Charitable Institutions (Fundraising) Regulations 1994.

PCI Compliance

2.14 Pocket Giving Ltd has implemented PCI standards regarding secure storage of data and strong access control to achieve PCI DSS for the Pocket Giving Ltd Services. For further information surrounding the responsibilities of securing cardholder data, please visit www.blackbaud.com/security/pci-compliance.

Gift Aid

2.19 Pocket Giving Ltd will offer all donors who are UK taxpayers the option of making donations in a manner that makes them eligible for Gift Aid reclaims.

2.20 On behalf of the Charity (but provided that the Charity has appointed the designated Pocket Giving Ltd reclamation tax officers as officers of the Charity for the purpose of reclaiming Gift Aid due to the Charity and signed and returned to Pocket Giving Ltd a completed Gift Aid reclaim form), and subject to the Charity being recognised by HMRC as a charity or community amateur sports club (CASC) and fulfilling all applicable HMRC or other requirements for Gift Aid eligibility, Pocket Giving Ltd will make Gift Aid reclaims monthly from HMRC in respect of eligible donations (i.e. donations where the donor has satisfied HMRC’s requirements and made a Gift Aid declaration).

3. Charity Obligations - General

3.2 The Charity will provide written confirmation to Pocket Giving Ltd of any related Gift Aid reclaims.

3.3 In circumstances where no Gift Aid reclaims arise within one (1) week of a refund or chargeback, Pocket Giving Ltd reserves the right to invoice the Charity for the refunds and chargebacks, and the Charity agrees to settle that invoice within one (1) month of the invoice date.

The following shall be added at the end of Section 3:

3.11 The Charity shall not provide the donor with any gift, prize or any other form of incentive in connection with the making of any donation by the donor.

3.12 Should HMRC or any other relevant body make enquiries with Pocket Giving Ltd regarding Gift Aid, including the Charity’s eligibility for Gift Aid reclaims, the Charity shall provide all reasonable assistance requested by Pocket Giving Ltd in order to resolve HMRC’s enquiries or, if requested by Pocket Giving Ltd, liaise directly with HMRC or the other relevant body.

3.13 The Charity acknowledges and agrees that Pocket Giving Ltd is required to maintain records of Gift Aid and authorises Pocket Giving Ltd to maintain such records for as long as considered necessary by Pocket Giving Ltd.

3.14 The Charity will include, in all advertising materials promoting the text giving service, the following message: "Texts are charged at your mobile phone operator's standard rate. The charity will receive 100% of your donation. You must be 16 or over and please ask the bill payer's permission. For full terms and conditions and more information, please visit www.Pocket Giving Ltd.com/about/info/terms of service."

6. Fees

Subscription Fees

6.1 No monthly subscription fee is currently payable by Charities that join Pocket Giving Ltd on the starter plan, regardless of donation volume, for as long as they remain on the starter plan. However, the functionality provided by Pocket Giving Ltd as part of the starter plan is more limited than for the paid-for plans, as described in these Terms and Conditions. For all other UK Charities, and from 1 September 2016, the monthly subscription fee payable by each Charity depends on the total amount of donations (including any Gift Aid reclaimed on those donations) raised for the Charity via the Pocket Giving Ltd Services in the period 1 July 2015 to 30 June 2016 (and the corresponding period in each subsequent year) (“Total Fundraising”), as follows:

(i) If the Charity’s Total Fundraising is less than or equal to GBP £15,000, the monthly subscription fee is GBP £15 (plus VAT).

(ii) If the Charity’s Total Fundraising is greater than GBP £15,000, the monthly subscription fee is GBP £39 (plus VAT).

When joining Pocket Giving Ltd, a Charity’s monthly subscription fee will be GBP £15 (plus VAT) unless the Charity joins Pocket Giving Ltd on (and remains on) the starter plan or a waiver of the fee is agreed otherwise by Pocket Giving Ltd.

If a starter plan Charity’s Total Fundraising increases such that it is eligible for the GBP £15 (plus VAT) per month plan, Pocket Giving Ltd will offer the Charity the opportunity to upgrade from time to time but no upgrade shall be mandatory.

For Charities paying GBP £15 (plus VAT) per month, if its Total Fundraising increases such that it exceeds GBP £15,000, Pocket Giving Ltd will notify the Charity of this in July of the relevant year, and the change in fee (from £15 to £39 per month) will take effect from September.

For Charities paying GBP £15 (plus VAT) per month whose Total Fundraising decreases such that it is GBP £15,000 or less, Pocket Giving Ltd will notify the Charity of this in July of the relevant year and the Charity will have the option to switch to paying a subscription fee of £15 per month from that September.

The applicable subscription fee is payable by direct debit unless otherwise agreed by Pocket Giving Ltd and the Charity agrees to provide the details required in order for the direct debit to be set up and maintained. The Charity agrees that it shall only cancel the direct debit where that cancellation is done in connection with the Charity validly terminating its relationship with Pocket Giving Ltd under Section 10 of the core terms.

Transaction Fees

6.2 The Charity shall pay to Pocket Giving Ltd a transaction fee on each donation which is comprised of:

6.2.1 the cost to access the necessary payment card infrastructure via a payment gateway or other electronic service to process payments on behalf of the Charity which is determined at market rates and varies by payment type and payment processor (“Payment Processing Fee”); and

6.2.2 when a donation is eligible for Gift Aid reclaim and Pocket Giving Ltd processes such Gift Aid reclaim on behalf of the Charity, a transaction fee of 5% of the reclaimed Gift Aid (“Gift Aid Service Fee”).

6.3 The Charity hereby authorizes Pocket Giving Ltd, subject to applicable local laws, to deduct the Payment Processing Fee and the Gift Aid Service Fee together with applicable taxes from each donation (or, as applicable, the reclaimed Gift Aid) before paying the balance to the Charity in accordance with Section 2.3 of the core terms above.

6.4 No platform fee will be charged to the Charity on the donation other than the Payment Processing Fee and the Gift Aid Service Fee. Instead, a donor will be presented with the option of making a voluntary contribution to Pocket Giving Ltd for the operation of the Pocket Giving Ltd Services, and any such voluntary contribution made by a donor will be retained by Pocket Giving Ltd.

9. Confidential Information

The applicable local laws in the United Kingdom, which may require disclosure of otherwise confidential information, include, without limitation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.

15. Governing Law

The governing law for the purpose of Section 15 is the law of England, and the English courts have exclusive jurisdiction.

Additional terms for Charities in the Republic of Ireland and other countries within the Eurozone

The local Pocket Giving Ltd entity and the company who provides the service to Charities based in the Republic of Ireland and in any other country within the Eurozone is MyCharity Limited (company number 397127), whose registered office is at 70 Sir John Rogerson's Quay, Dublin 2, Dublin D02 R296.

The following provisions apply in addition to (and in the event of any conflicts will prevail over) the core terms, and section numbers below relate to the corresponding sections in the core terms:

2. Pocket Giving Ltd’s Obligations

Donations and Charity Trust Funds Account

2.3 For all donations received by Pocket Giving Ltd for a Charity registered in the Republic of Ireland or in any other country within the Eurozone, Pocket Giving Ltd uses the services of Hyperwallet, a global pay-out platform which is part of the PayPal group, for payment processing and disbursement. All such donations (after the deduction of bank processing charges, Pocket Giving Ltd's transaction fees and applicable sales taxes, as described in Section 6), are:

2.3.1 paid into a Hyperwallet FBO (For Benefit Of) Account set up for the benefit of, and managed by, Pocket Giving Ltd (instead of into a Charity Trust Funds Account); and

2.3.2 paid out by automated bank transfer on a monthly basis from the Hyperwallet FBO Account to the Charity's validated bank account using local payment rails.

Personal Information

2.9.2 The applicable Local Privacy Laws in the Republic of Ireland and in other countries within the Eurozone include, without limitation, the Data Protection Act 2018, the General Data Protection Regulation (EU) 2016//679 (GDPR) and the European Communities (Electronic Communications Network and Services) (Privacy and Electronic Communications) Regulations 2011 SI No 336/2011, in each case, as amended, extended or re-enacted from time to time and including all subordinate legislation made from time to time thereunder.

2.9A Pocket Giving Ltd will use the services of Hyperwallet, a global pay-out platform which is part of the PayPal group, to process and pay out donations made to Charities registered in the Republic of Ireland and in other countries within the Eurozone. By agreeing to these Terms, you give your consent to us sharing with Hyperwallet your personal data (including data relating to your employees and trustees) so that Hyperwallet can carry out these services. Hyperwallet will be a data controller of your data and handle your data in accordance with its own privacy policy which can be found here: https://pay.hyperwallet.com/hw2web/consumer/page/privacyAgreement.xhtml.

6. Fees

Subscription Fees

6.1 There is no monthly subscription fee currently payable by Charities registered in the Republic of Ireland and in other countries within the Eurozone. However, Pocket Giving Ltd retains the right to introduce a subscription fee at any time subject to notifying the Charity in writing at least three months prior to the date the subscription fee first becomes payable.

Transaction Fees

6.2 The Charity shall pay to Pocket Giving Ltd a transaction fee on each donation which is comprised of the cost to access the necessary payment card infrastructure via a payment gateway or other electronic service to process payments on behalf of the Charity which is determined at market rates and varies by payment type and payment processor (“Payment Processing Fee”).

6.3 The Charity hereby authorizes Pocket Giving Ltd, subject to applicable local laws, to deduct the Payment Processing Fee together with applicable taxes from each donation before paying the balance to the Charity in accordance with Section 2.3 above.

6.4 No platform fee will be charged to the Charity on the donation other than the Payment Processing Fee. Instead, a donor will be presented with the option of making a voluntary contribution to Pocket Giving Ltd for the operation of the Pocket Giving Ltd Services, and any such voluntary contribution made by a donor will be retained by Pocket Giving Ltd.

15. Governing Law

The governing law for the purpose of Section 15 is the law of the Republic of Ireland, and the courts of the Republic of Ireland have exclusive jurisdiction.

Additional terms for Charities in Australia and New Zealand

The local Pocket Giving Ltd entity and the company who provides the service to Charities based in Australia and New Zealand is Everyday Hero Pty Ltd trading in Australia as Pocket Giving Ltd Australia and trading in New Zealand as Pocket Giving Ltd New Zealand (A.C.N. 117 080 430), Level 12, 680 George Street, Sydney, NSW 2000 Australia.

The Charity agrees that Pocket Giving Ltd is authorised to conduct a fundraising appeal jointly with the Charity.

The following provisions apply in addition to (and in the event of any conflicts will prevail over) the core terms, and section numbers below relate to the corresponding sections in the core terms:

1. Term - Membership

For charities in New South Wales – these Terms and Conditions shall continue in force for a minimum period of one (1) month and thereafter from month to month for a period of twelve (12) months unless terminated in accordance with section 10 and, upon the expiry of the twelve (12) month period, a new agreement will be taken to have been agreed upon the same terms as this agreement (as varied from time to time) unless the Charity has notified Pocket Giving Ltd otherwise by two (2) month's prior notice in writing.

For charities outside New South Wales - the term shall be as set out in the core terms ie Membership is for a minimum period of one (1) month and thereafter from month to month until terminated by written notice by either party to the other, in accordance with section 10.1.

2. Pocket Giving Ltd Obligations

Personal Information

2.9.2 The applicable Local Privacy Laws in Australia include the Privacy Act 1988 (Cth) and the Spam Act 2003. The applicable Local Privacy Laws in New Zealand include the Privacy Act of 2020.

Records and Audit Requirements

2.11 Pocket Giving Ltd will, in relation to each donation that it receives:

2.11.1 maintain records of income and expenditure of all donations either in the English language or so as to enable the records to be readily accessible and readily convertible into writing in the English language;

2.11.2 document particulars of all items of gross income received or receivable;

2.11.3 document particulars of all items of expenditure incurred (including the application or disposition of any income obtained from the appeal);

2.11.4 document particulars of any transactions to which Section 2.11.2 or 2.11.3 above relates; and

2.11.5 provide the Charity with records and particulars set out in Sections 2.11.1 to 2.11.4 above, which must be kept at the Charity's registered office for a period of 7 years.

Site Maintenance and Miscellaneous

2.13 The applicable local fundraising laws which Pocket Giving Ltd are required to comply with in Australia and New Zealand include the Charitable Fundraising Act 1991 (NSW), the Charitable Collections Act 2003 (ACT), the Collections Act 1966 (Qld), the Collections for Charitable Purposes Act 1939 (SA), the Collections for Charities Act 2001 (Tas), the Fundraising Act1998 (Vic), Charitable Collections Act 1946 (WA) and the Charities Act 2005 (NZ).

5. Intellectual Property Rights and Licence

5.2 Pocket Giving Ltd will seek approval of the format and text of any advertisement or any notice from the Charity, such approval not to be unreasonably withheld. Where the Charity provides its logo and information about itself to Pocket Giving Ltd for use as part of the Pocket Giving Ltd Services then it will be deemed to have approved their use.

6. Fees

6.1 There is no monthly subscription fee currently payable by Australian and New Zealand charities, however Pocket Giving Ltd retains the right to introduce a subscription fee at any time subject to notifying the Charity in writing at least three months prior to the date the subscription fee first becomes payable.

6.2 Pocket Giving Ltd does not currently charge charities a transaction fee.

6.3 The Charity hereby authorizes Pocket Giving Ltd, subject to applicable local laws, to deduct the Platform Fee (if not paid in full by the donor as per Section 6.4) together with applicable taxes and the Payment Processing Fee from each donation before paying the balance to the Charity in accordance with Section 2.3 of the core terms above.

6.4 The Pocket Giving Ltd Services include an option for a donor to pay the Platform Fee instead of the Charity. If a donor chooses this option, the full amount of the donation will be paid to the Charity after the deduction of the applicable Payment Processing Fee (and applicable sales taxes), and Pocket Giving Ltd will retain the Platform Fee paid by the donor.

The following shall be added at the end of Section 6:

GST

6.6 Amounts payable under or in connection with these Terms and Conditions are GST exclusive. Accordingly:

6.6.1 if the whole or any part of any such amount (including the transaction fees and processing fees described in Section 6) is the consideration for a taxable supply for which the payee is liable to GST, the payer must pay to the payee an additional amount equal to the first mentioned amount multiplied by the rate of GST;

6.6.2 any reference to a cost or expense in these Terms and Conditions excludes any amount in respect of GST forming part of the relevant cost or expense when incurred by the relevant party for which that party can claim an input tax credit; and

6.6.3 the payee will provide to the payer a tax invoice at the time of payment.

Terms used in Sections 6.6.1 - 6.6.3 (inclusive) above have the meanings given to them in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

7. Liability

7.7 The Competition and Consumer Act 2010 (Cth) may confer rights, guarantees and remedies on the Charity in relation to the provision by Pocket Giving Ltd of the Pocket Giving Ltd Services, which cannot be excluded, restricted or modified. Pocket Giving Ltd does not exclude, restrict or modify those rights.

8. Insurance

The applicable insurances in Australia and New Zealand include workers’ compensation insurance as required by law for its employees, and professional indemnity insurance.

15. Governing Law

The governing law for the purpose of Section 15 is the law of New South Wales, Australia, and the courts of New South Wales, Australia have non-exclusive jurisdiction.

16. Schools Terms and Conditions

Everyday Hero trading as Pocket Giving Ltd Australia and Pocket Giving Ltd New Zealand (“Pocket Giving Ltd”) shall provide the School, Community or Sporting Association/Club entity (the Entity) registered above with online fundraising services so that donations can be made online to the Entity by Donors using a credit card, or PayPal account. Fundraisers for the Entity will be able to create individual Fundraising Pages to appeal for online donations to the Entity. Pocket Giving Ltd will provide the Entity with all information required to utilise the online fundraising services and to track online donations to the Entity. Pocket Giving Ltd will offer telephone and email support to the Entity, its fundraisers and donors during business hours. Pocket Giving Ltd will receive donations to the Entity into its Bank Account, and will then pay the Entity by electronic transfer the net payment amount (total of donations received in a fourteen day period after deduction of the Service Fee) every fourteen days into its nominated bank account. Pocket Giving Ltd will keep a separate Management Account for the Entity showing all donations received, service fees deducted and transfer of donations to the Entity. Pocket Giving Ltd will provide the Entity with password-protected access to this account and the names and addresses of the Donors who have made donations.

Pocket Giving Ltd will provide FREE membership from the commencement date. The Entity may terminate the online fundraising services provided by Pocket Giving Ltd to the Entity by giving at least 30 days notice, or either party may terminate immediately in the event of an act that adversely affects the reputation or business of the other party.

Applicable fees are set forth in Section 6 under Additional terms for Charities in Australia and New Zealand.

Pocket Giving Ltd reserves the right to change the Service Fee noted above for certain events promoted by third parties (Premium Events). Pocket Giving Ltd will notify the Entity in advance of any Premium Events and of the relevant Service Fee for that event. The Entity will have the option to withdraw participation from the Premium Event. If the Entity chooses to participate, the Entity shall pay the Service Fee notified to them by Pocket Giving Ltd. This fee is deducted from each fortnightly payment before the funds are dispersed to the Entity.

Pocket Giving Ltd will secure and protect the information obtained from all users of the Website in accordance with the Privacy Act 1988 (Cth), Privacy Act 2020, and Pocket Giving Ltd’s privacy policy. The Entity will ensure that the information published on the Website relating to the Entity and its request for donations, including information placed on the website by the Entity’s fundraisers, does not breach any law and does not contain material that is defamatory, pornographic, prohibited, violent or otherwise offensive. The Entity confirms that an authority to fundraise under relevant state or territory fundraising statutes is not required by the Entity for this fundraising activity. Where this authority is required, the Entity will notify Pocket Giving Ltd so that the appropriate paperwork can be executed. In this case, all conditions associated with the applicable fundraising statutes will be complied with, including those relating to the participation and supervision of children in fundraising activities. The Entity confirms it will comply with all relevant laws and policies relating to obtaining parental consent and the appropriate supervision and direction of children participating in fundraising activities. The Entity will not expose Pocket Giving Ltd a to risk of any claim, legal or administrative action. The Entity will take out and maintain all necessary insurances. The Entity grants Pocket Giving Ltd a permission to use and publish on the Website or in related publicity the information that has been provided by the Entity to Pocket Giving Ltd for the Entity’s fundraising purposes. All other information shared between the Entity and Pocket Giving Ltd will be treated confidentially. Pocket Giving Ltd shall indemnify the Entity against any loss or liability arising out of any breach of these terms and conditions by Pocket Giving Ltd. The Entity shall indemnify Pocket Giving Ltd against any loss or liability arising out of any breach of these terms and conditions by the Entity.

Additional terms for Charities in the United States and Canada

Additional terms available here.

Additional terms for Charities in parts of the world other than Australia, New Zealand, the United Kingdom, the United States, Canada or the Republic of Ireland and other countries within the Eurozone

The local Pocket Giving Ltd entity and the company who provides the service to Charities based outside of Australia, New Zealand, the Republic of Ireland and other countries within the Eurozone, the United States, Canada or the UK is Giving.com Limited, whose registered office is at 5 New Street Square, London, United Kingdom, EC4A 3TW (registration no. 3871904).

The following provisions apply in addition to (and in the event of any conflicts will prevail over) the core terms, and section numbers below relate to the corresponding sections in the core terms:

2. Pocket Giving Ltd’s Obligations

Personal Information

2.9.2 The applicable Local Privacy Laws shall be deemed to be those in the United Kingdom and include, without limitation, the Data Protection Act 2018, the retained EU law version (converted by section 3 of the European Union (Withdrawal) Act 2018) of the General Data Protection Regulation (EU) 2016//679 (UK GDPR) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426), in each case, as amended, extended or reenacted from time to time and including all subordinate legislation made from time to time thereunder..

Records and Audit Requirements

2.11 The applicable local government revenue body shall be deemed to be the one in the United Kingdom.

6. Fees

Subscription Fees

6.1 There is no monthly subscription fee currently payable by charities in the rest of the world (other than United Kingdom). However, Pocket Giving Ltd retains the right to introduce a subscription fee at any time subject to notifying the Charity in writing at least three months prior to the date the subscription fee first becomes payable.

Transaction Fees

6.2 The Charity shall pay to Pocket Giving Ltd a transaction fee on each donation which is the cost to access the necessary payment card infrastructure via a payment gateway or other electronic service to process payments on behalf of the Charity, determined at market rates and varies by payment type and payment processor (“Payment Processing Fee”).

6.3 The Charity hereby authorizes Pocket Giving Ltd, subject to applicable local laws, to deduct the Payment Processing Fee (together with applicable sales taxes) from each donation before paying the balance to the Charity in accordance with Section 2.3 of the core terms above.

6.4 No platform fee will be charged to the Charity on the donation other than the Payment Processing Fee and applicable sales taxes. Instead, a donor will be presented with the option of making a voluntary contribution to Pocket Giving Ltd for the operation of the Pocket Giving Ltd Services, and any such voluntary contribution made by a donor will be retained by Pocket Giving Ltd.15. Governing Law

6.5 Pocket Giving Ltd may offer the Charity the option of implementing a deep link to power its fundraising activities (for example, on its website or in emails to donors) (“Deep Link”), which will permit donations to be processed via Pocket Giving Ltd’s payment services without the deduction of any Payment Processing Fees (“Giving Checkout Offer”). Instead, a donor will be given the option of making a voluntary contribution to Pocket Giving Ltd to cover the costs of operating the fundraising platform, including the payment processing charges. If the Charity participates in the Giving Checkout Offer, Pocket Giving Ltd will not charge the Charity the Payment Processing Fees on any donation processed via the Deep Link, and accordingly Pocket Giving Ltd will pay the full amount of each such donation to the Charity. Pocket Giving Ltd reserves the right to withdraw the Giving Checkout Offer (on a standard or individual basis) at any time in respect of any or all Charities and recommence the charging, and the deduction, of the Payment Processing Fees on all such external donations, subject to notifying the relevant Charity or Charities in advance. For the avoidance of any doubt, if the Charity participates in the Giving Checkout Offer, it will still be charged the Payment Processing Fees on donations processed on its behalf on the website www.Pocket Giving Ltd.com.

15. Governing Law

For the purposes of Section 15, the English courts have non-exclusive jurisdiction.

The applicable local laws for the purposes of Sections 2.13, 2.15, 3.2 to 3.5 (inclusive), 4, 6.3, and 9 shall be deemed to be those of the United Kingdom.

Terms of Service

Our terms of service describe what Pocket Giving Ltd 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 Pocket Giving Ltd Crowdfunding.

“Pocket Giving Ltd” or “us” or “we” refer to the owner of the website, Giving.com Limited

“Pocket Giving Ltd Crowdfunding” or “crowdfunding” and related terms refer to certain non-charitable causes listed as such on the Website.

“Website” refers to https://www.Pocket Giving Ltd.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. Country-specific terms also apply to use of the service in Australia, New Zealand and the United States.

Summary

Online Giving — We operate a website that processes donations on behalf of the Causes featured on it. Please see https://www.Pocket Giving Ltd.com/about/fees for details about our fees.
Data Privacy — Your privacy is paramount to us. Our Privacy Policy shows you how we protect it.
User Conduct — If you create a Pocket Giving Ltd page or use any of our services, please remember Pocket Giving Ltd is for everyone. If we find offensive, defamatory, libelous, threatening, harassing, or obscene content on the Website, we will remove it and terminate your access. Please ensure the content you upload to the site, especially pictures and videos, does not infringe another person’s copyright.

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 Pocket Giving Ltd authorising Pocket Giving Ltd and/or JustGive (defined below) to collect donations on its behalf. Causes are listed on this Website at Pocket Giving Ltd'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: Pocket Giving Ltd Crowdfunding pages are 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.

Donations

Subject to the requirements of applicable local laws, and what we say below in relation to Pocket Giving Ltd 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, Pocket Giving Ltd 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 Pocket Giving Ltd Crowdfunding, Pocket Giving Ltd 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

Pocket Giving Ltd 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 Pocket Giving Ltd 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 Pocket Giving Ltd Crowdfunding page creators) reserve the right to use your donation for their general purposes in accordance with their practices and rules. Pocket Giving Ltd 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.

Pocket Giving Ltd (or any payments processor or card brand we work with) will verify the identity of a Pocket Giving Ltd Crowdfunding page creator and undertake any other necessary checks before any funds raised are transferred to the page owner. Pocket Giving Ltd shall have no liability to donors whatsoever for any use or misuse of donations made to the Pocket Giving Ltd Crowdfunding page. The Pocket Giving Ltd Crowdfunding page may state that page owners will use donations only for specific purposes, but Pocket Giving Ltd 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 Pocket Giving Ltd 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 Pocket Giving Ltd Crowdfunding page is one that you wish to support.

Pocket Giving Ltd fees

For information about our fees please see https://www.Pocket Giving Ltd.com/about/fees.

Unauthorised donations

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 PayPal, you should contact the provider of that payment method for assistance.

Pocket Giving Ltd will never email or phone you and ask you to provide all of your payment details.

Protecting your account

When you register with Pocket Giving Ltd and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password to prevent others gaining access to your personal information. This includes any taxpayer details you may have saved under your profile in order to claim tax or tax deductions in accordance with applicable laws and regulations. Claiming tax or tax deductions using someone else’s taxpayer information is against the law. 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.

Information

Pocket Giving Ltd 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.

Privacy

Pocket Giving Ltd's Privacy Policy forms part of these Terms. By agreeing to these Terms, you also give your consent to the way we handle your personal information under that Policy. Read our Privacy Policy.

User conduct

You must at all times use the Website and its associated services in a responsible and legal manner and ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party.
You must not upload offensive, obscene, racist, defamatory, misleading or deceptive content, including photographs, on to the Website or its associated services. Pocket Giving Ltd does not actively edit the Website but reserves the right to remove or edit any content posted on the Website or its associated services at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene, racist, defamatory, misleading, deceptive or otherwise inappropriate. If you notice any such content, please email us at help@Pocket Giving Ltd.com.
If you build a fundraising page on Pocket Giving Ltd, you must ensure that any information you provide to the public is accurate and not misleading. It is your responsibility to ensure that the content you are uploading on your page (“Content”), including pictures, photographs and any videos, is your original work and/or you have the right and/or licence necessary to upload it and it is not copyright-protected. If it is copyright-protected, you must obtain the copyright owner's written consent to use it. Pocket Giving Ltd reserves the right to remove any pictures, photographs, videos or copy from personal fundraising or Pocket Giving Ltd Crowdfunding pages at its sole discretion and without notice if their copyright status is in any doubt. If you suspect a breach of copyright on the Website, please email us at help@Pocket Giving Ltd.com. Please note that by submitting and posting Content to the Website, you grant to Pocket Giving Ltd a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, modify, reproduce, publish, broadcast, display and distribute the Content in any format, using any medium, for the purpose of promoting Pocket Giving Ltd or a Cause, or for any other purpose that we deem appropriate.
You must not misrepresent your identity or affiliation with any other person or organization.
You must not use the Website to send junk email or “spam” to people who do not wish to receive email from you.
You must not use the Website to conduct, display or forward surveys, pyramid schemes or chain letters.
You must not use the Website to conduct, display or forward raffles, lotteries or contests.
You must not interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the Pocket Giving Ltd systems.
You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the site or any other web site.
You must not attempt to bypass the network firewall.
You must not use any party of the site which you are not authorized to use or devise ways to circumvent security in order to access part of the site which you are not authorized to access (includes scanning networks with intent to breach and/or evaluate security, whether or not the intrusion results in access).
You must not use or attempt to use the site for any unlawful, criminal, or negligent purposes (includes password cracking, social engineering, denial-of-service attacks, harmful and malicious destruction of data, and intentional invasion of privacy).
You must not disclose any information relating to any donor except with the consent of the donor or as permitted by applicable local laws. Pocket Giving Ltd reserves the right to cancel your access and delete any Pocket Giving Ltd page without notice in the event you fail to follow any of the above rules. Pocket Giving Ltd may also suspend or delete a Pocket Giving Ltd page if the relevant Cause is no longer receiving donations via Pocket Giving Ltd or is no longer active.

Building a Pocket Giving Ltd page in aid of a Cause in no way implies Pocket Giving Ltd'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. Pocket Giving Ltd 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.

Links

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.

Partner Services

Pocket Giving Ltd may from time to time select partners offering relevant information and services that we believe will enhance the Website. 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.

Trademarks

The names Pocket Giving Ltd, Pocket Giving Ltd Crowdfunding and Pocket Giving Ltd.com, the Pocket Giving Ltd 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 Pocket Giving Ltd's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Pocket Giving Ltd. Other trademarks, service marks or logos that appear on the Website or its associated services, in particular (but not exclusively) those of member charities, Pocket Giving Ltd 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 Pocket Giving Ltd and the trademark owner.

Copyright

All content on the Website and its associated services is owned by Pocket Giving Ltd, our member charities, Pocket Giving Ltd 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, trade mark 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 Pocket Giving Ltd, 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. Pocket Giving Ltd 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 Pocket Giving Ltd 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. Pocket Giving Ltd 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 help@Pocket Giving Ltd.com.

Changes to the service

Pocket Giving Ltd 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, Pocket Giving Ltd 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.

Termination

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. Pocket Giving Ltd 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, Pocket Giving Ltd does not provide other conditions, guarantees, warranties or terms in relation to the Website or its associated services, to the extent permissible by law. Pocket Giving Ltd 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, Pocket Giving Ltd shall only be liable under these Terms for direct losses which are reasonably foreseeable and caused by Pocket Giving Ltd’s uncured material breach of these Terms or Pocket Giving Ltd’s negligence. Pocket Giving Ltd'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 Pocket Giving Ltd's liability arose.

In no event shall Pocket Giving Ltd 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 Pocket Giving Ltd 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 OTHER THAN AUSTRALIA, NEW ZEALAND AND THE UNITED STATES

These additional terms apply and will prevail where you access the Website or associated services in anywhere in the world (other than Australia, New Zealand and the United States), except where expressly indicated otherwise.

The local Pocket Giving Ltd entity and the company who provides the service to you is Giving.com Limited (registration no. 3871904), Approved Payment Institution regulated by the FCA (FRN 739668, whose registered office is at WeWork, 10 York Road, London, SE1 7ND, United Kingdom.

UK Tax Payers only: Gift Aid and tax

When you (i) donate to a charity and certain Community Amateur Sports Clubs ("CASCs") on the Website or its associated services, (ii) confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme as they apply from time to time and (iii) elect to have Pocket Giving Ltd reclaim Gift Aid on behalf of the charity or CASC under the UK government's Gift Aid scheme, Pocket Giving Ltd will reclaim GiftAid.

Every charity or CASC that is a member of Pocket Giving Ltd has an agreement with Pocket Giving Ltd authorising it to reclaim Gift Aid on its behalf. Charities and CASCs must be registered with the Charity Commission or exempt from registration for Pocket Giving Ltd to reclaim Gift Aid on their behalf. Pocket Giving Ltd also features certain not-for-profit and other organisations, which are not eligible for Gift Aid reclaim. Such organisations are clearly listed on the Website as not eligible for Gift Aid reclaim. In addition, donations to Pocket Giving Ltd Crowdfunding pages, including those that have a charitable purpose, are not eligible for Gift Aid. Donations to any of these Causes are not tax deductible.

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. Subscription fees also apply to member charities in the UK for additional services. For full details, please visit https://www.Pocket Giving Ltd.com/for-charities.

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 appointment of the arbitrator.

TERMS FOR USERS IN AUSTRALIA AND NEW ZEALAND

These additional terms apply and will prevail where you access the Website or associated services in Australia and New Zealand.

The local Pocket Giving Ltd entity and the company who provides the service to you in Australia and New Zealand is Everyday Hero Pty Ltd trading in Australia as Pocket Giving Ltd Australia and trading in New Zealand as Pocket Giving Ltd New Zealand, Level 12, 680 George Street, Sydney, NSW 2000 AUSTRALIA.

The times at which Pocket Giving Ltd shall undertake general maintenance and upkeep of the Website will usually be between 12.00am and 08.00 hours (GMT) at the weekends.

Governing law

These Terms and any dispute arising out of or in connection with your use of the Website or the associated services are governed by the law of New South Wales, Australia.

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 Sydney, Australia, unless the parties mutually agree to another locale before appointment of the arbitrator.

TERMS FOR USERS IN THE UNITED STATES

In fundraising campaigns for certain Causes on the Pocket Giving Ltd website, donations are made either (i) through The Blackbaud Giving Fund, a donor advised fund (“DAF”) recognized by the Internal Revenue Service (“IRS”) under Section 501(c)(3) of the Code as a tax-exempt public charity (Federal Tax ID: 46-0942102) or (ii) directly to the organization if the organization has set up a Blackbaud Merchant Services account (“BBMS”).

When you make a donation to support a Cause which has not registered with BBMS

These Terms of Service (“Terms”) constitute a binding agreement between you, Blackbaud, Inc. (“Blackbaud,” “we,” “our,” or “us”) and The Blackbaud Giving Fund and govern your use of our websites, subdomains, and any other websites or mobile applications referencing, embedding or linking to these Terms. By using this technology platform, you (i) agree that these Terms are supported by reasonable, valuable, and sufficient consideration, (ii) acknowledge the receipt of such consideration, and (iii) state that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use this platform.

All donations made using this platform are made to The Blackbaud Giving Fund, a donor advised fund (“DAF”) recognized by the Internal Revenue Service (“IRS”) under Section 501(c)(3) of the Code as a tax-exempt public charity (Federal Tax ID: 46-0942102). (Blackbaud may act as an agent of The Blackbaud Giving Fund for the purposes of receiving such donations but such donations, once made, belong to The Blackbaud Giving Fund.) The Blackbaud Giving Fund receives donations and disburses those funds to charities in the form of grants to further charitable and educational purposes.
When you make a donation to The Blackbaud Giving Fund, you recommend that The Blackbaud Giving Fund make a corresponding grant to a charity in the amount of your donation. By making such a recommendation, you certify that the grant will not be used to confer a personal or more than incidental benefit on you, any member of your family, or any entity affiliated with or controlled by you. You also certify that no grant recommended by you will be made to (i) to permit participation in an event (such as a dinner, gala, raffle, or auction), (ii) to pay for goods or services received by you, your family member(s) or any other person (such as membership fees, tuition, tickets for events, goods from a charitable auction or other goods and services) or (iii) to support a political campaign or lobbying activity. You should be aware that IRS penalties may apply if you recommend a grant that results in impermissible benefits.
The Blackbaud Giving Fund will make reasonable efforts to grant the funds you donate to your recommended charity. You acknowledge that any grants made by The Blackbaud Giving Fund will be made in accordance with The Blackbaud Giving Fund’s policies. You understand that The Blackbaud Giving Fund, as required by law, retains exclusive legal control over all donations and may redirect funds to another qualifying charitable organization if it is unable to follow your recommendation.
As required by law, in order for your donation to a DAF, such as The Blackbaud Giving Fund, to be considered tax- deductible, it must be a final and irrevocable gift to The Blackbaud Giving Fund. Refunds may only be granted by exception, in accordance with The Blackbaud Giving Fund’s policies and only when the funds have not already been granted to the receiving (or other) charity. The Executive Director of The Blackbaud Giving Fund shall have discretion for considering appropriate refund requests (e.g., certain donor errors, errors caused by certain technical issues, fraud transactions, etc.). If The Blackbaud Giving Fund has already disbursed the funds associated with a donation in a grant to the designated (or other) charity, the donor must request any refund from such charity recipient. If such charity recipient agrees to such request, then The Blackbaud Giving Fund may refund the donor the donation amount back to the credit card used for the donation. In such case, the refunded amount may then be deducted from The Blackbaud Giving Fund’s next grant to such charity. The Blackbaud Giving Fund will not consider requests for refunds more than 180 calendar days from the date of initial donation. In addition, The Blackbaud Giving Fund will not refund a donation from a previous tax year after March 31 of the following year. If a donation is refunded, such donation is not eligible for a tax deduction.
Blackbaud, in its capacity as agent for The Blackbaud Giving Fund, will provide a receipt to you in the name of The Blackbaud Giving Fund for your donation. For tax deduction purposes, you should disregard any tax receipt that you may receive from the charity you designated (or any other charity) documenting The Blackbaud Giving Fund’s grant to such charity.
In connection with your donation, you may have the option to make a voluntary contribution to Blackbaud (otherwise known as Pocket Giving Ltd from Blackbaud). Making such a contribution to Blackbaud helps Blackbaud defray the costs of processing donations, which in turn helps Blackbaud reduce or eliminate fees charged to charities using the platform. Any such contribution is a contribution to Blackbaud and is not a charitable donation.
Your personal data will be treated in accordance with our and The Blackbaud Giving Fund’s privacy policies, and unless you have elected to donate anonymously, will be shared with the charity you have designated to receive the grant from The Blackbaud Giving Fund.
You agree to indemnify, defend, and hold harmless each of Blackbaud and The Blackbaud Giving Fund and their respective affiliates and each of their officers, directors, employees, agents, and assigns (“Indemnitees”) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to (a) your use of, or activities in connection with, Blackbaud and The Blackbaud Giving Fund; or (b) your violation of these Terms. Each of Blackbaud and The Blackbaud Giving Fund reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Blackbaud’s or The Blackbaud Giving Fund’s defense of such claim.
You hereby irrevocably waive and release the Indemnitees from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you may have with any other user of Blackbaud’s giving platform and The Blackbaud Giving Fund. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction in which any other statute or common law principles of similar effect applies, you waive the application of such statute or common law with respect to the claims, demands and damages (actual and consequential) released under this paragraph.
You acknowledge and agree that any and all claims, controversies, or disputes between you and Blackbaud or The Blackbaud Giving Fund (including without limitation those involving federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
You, Blackbaud and The Blackbaud Giving Fund agree that each of us may bring claims only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless you, Blackbaud and The Blackbaud Giving Fund agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other donors or charities. If a court decides that any provision of this paragraph is invalid or unenforceable because it would prevent the exercise of a nonwaivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of this agreement to arbitrate shall be arbitrated under its terms.
The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. Any arbitration will be conducted by the American Arbitration Association (referred to as the “AAA”) under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this agreement to arbitrate. The AAA’s rules are available at www.adr.org. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this agreement to arbitrate. Any arbitration award issued by the arbitrator(s) shall be final and binding and shall be enforceable in any court of competent jurisdiction.
A copy of The Blackbaud Giving Fund’s latest financial report, registration filed by this organization, and a description of its programs and activities may be obtained by contacting The Blackbaud Giving Fund at 65 Fairchild Street, Charleston, SC 29492, 202-538-0888. The Blackbaud Giving Fund was formed in Delaware. If you are a resident of one of the following states, you may obtain financial information directly from the state agency:
- Florida: A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE, WITHIN THE STATE, 1-800-435-7352 (800-HELP-FLA), OR VISITING www.FloridaConsumerHelp.com. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. Florida Registration #CH63831.
- Georgia: A full and fair description of our programs and our financial statement summary is available upon request at our office and phone number indicated above.
- Maryland: For the cost of copies and postage, from the Office of the Secretary of State, State House, Annapolis, MD 21401. (410) 974-5534.
- Mississippi: The official registration and financial information of (THE BLACKBAUD GIVING FUND) may be obtained from the Mississippi Secretary of State’s office by calling 1-888-236-6167. Registration by the Secretary of State does not imply endorsement.
- Nevada: Contributions may be tax deductible pursuant to the provisions of sec. 170(c) of the Internal Revenue Code of 1986, 26 U.S.C. §170(c).
- New Jersey: INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION AND THE PERCENTAGE OF CONTRIBUTIONS RECEIVED BY THE CHARITY DURING THE LAST REPORTING PERIOD THAT WERE DEDICATED TO THE CHARITABLE PURPOSE MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING 973-504-6215 AND IS AVAILABLE ON THE INTERNET AT: https://www.state.nj.us/lps/ca/charfrm.htm. REGISTRATION WITH THE ATTORNEY GENERAL DOES NOT IMPLY ENDORSEMENT.
- New York: Upon request, from the Attorney General’s Charities Bureau, 28 Liberty Street, New York, NY 10005, 1-212-416-8686 or www.charitiesnys.com.
- North Carolina: Financial information about this organization and a copy of its license are available from the State Solicitation Licensing Branch at 1-919-814-5400. The license is not an endorsement by the state.
- Pennsylvania: The official registration and financial information of (THE BLACKBAUD GIVING FUND) may be obtained from the Pennsylvania Department of State by calling toll-free, within Pennsylvania, 1-800-732-0999. Registration does not imply endorsement.
- Virginia: From the State Division of Consumer Affairs, Department of Agricultural and Consumer Services, PO Box 1163, Richmond, VA 23218.
- Washington: From the Secretary of State at 1-800-332-4483 or https://www.sos.wa.gov/charities/.
- West Virginia: West Virginia residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, WV 25305. Registration does not imply endorsement.
- Wisconsin: A financial statement of the charitable organization disclosing assets, liabilities, fund balances, revenue and expenses for the preceding fiscal year will be provided to any person upon request.

REGISTRATION WITH A STATE AGENCY DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, APPROVAL OR RECOMMENDATION BY THAT STATE.

The Blackbaud Giving Fund’s financial statements are freely available online, or you can request them by writing to “The Blackbaud Giving Fund, Executive Director” at The Blackbaud Giving Fund, 65 Fairchild Street, Charleston, SC 29492. You can also find additional information about The Blackbaud Giving Fund on its website: www.blackbaudgivingfund.org.

When you make a donation to support a Cause which has registered with BBMS

When you make a donation to support a Cause set up a BBMS account, you are making a complete and final charitable donation directly to the charity you selected. In rare instances, The Blackbaud Giving Fund and/or Pocket Giving Ltd may determine that it would be inappropriate or improper to disburse the funds designated for a Cause because, for example, the Cause is no longer recognized as a public charity, or is no longer in good standing with state or federal regulations, in which case, The Blackbaud Giving Fund and/or Pocket Giving Ltd may, in its sole discretion, disburse the donation to another charity (as determined by The Blackbaud Giving Fund and/or Pocket Giving Ltd).

Intellectual Property Complaints

Pocket Giving Ltd 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 AUP-Violation@blackbaud.com . The notice should include the following information:

An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
A description of the work you claim has been infringed, including a copy of the work or the web page address where the work may be found;
Identification of the location on the Website of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the owner, the agent of the owner or the law; and
A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the owner of the material allegedly infringed or authorized to act on the owner’s behalf.

No Class Action

YOU AND POCKET GIVING LTD AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR POCKET GIVING LTD 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 POCKET GIVING LTD ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND POCKET GIVING LTD FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, POCKET GIVING LTD, AND ALL PARTIES TO ANY SUCH PROCEEDING.

These Terms and any dispute arising out of or in connection with your use of the Website or the associated services are governed by, and shall be construed in accordance with, the laws of the State of New York, without giving effect to its conflicts of laws provisions.

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 Pocket Giving Ltd 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 help@Pocket Giving Ltd.com.

ADDITIONAL TERMS FOR POCKET GIVING LTD CROWDFUNDING PAGE CREATORS

If you create a Pocket Giving Ltd Crowdfunding page on the Website the following terms, in addition to the Terms of Service, will apply to your dealings with Pocket Giving Ltd in relation to the relevant Pocket Giving Ltd 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.

Donations

Pocket Giving Ltd will:

Operate the Website so that donors can make online donations by credit or debit card, or by another payment method available on the Website, through your Pocket Giving Ltd Crowdfunding page;
Pay out by bank transfer to your bank account, or by any other payment method that you have selected via the Website, provided that you have passed identity verification and other necessary checks. If you do not pass these checks within 30 days from your first donation all funds received will be refunded and your page will be taken down. If funds are unable to be refunded, they may be redirected to a registered charity at Pocket Giving Ltd’s discretion. Pocket Giving Ltd may allow an additional 30 days to verify your identity and bank account ownership; and
Implement and maintain industry standard safeguards designed to protect against unauthorized access or use of (i) donors' credit and debit card information, and other financial information associated with other payment types.

Support and Donation Acknowledgements

Pocket Giving Ltd will respond, either by email or live chat as appropriate, to donors' and fundraisers’ enquiries received by Pocket Giving Ltd, in accordance with the Contact Us page on the Website.

Personal Information

Pocket Giving Ltd 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.

Compliance

You and Pocket Giving Ltd will comply with all applicable laws.

Intermediary

Pocket Giving Ltd does not review or exercise any editorial control over the content of information on your Pocket Giving Ltd Crowdfunding page. In the event that Pocket Giving Ltd is made aware of or has knowledge of any unlawful activity or information on the Website or associated services, Pocket Giving Ltd shall act to remove or disable access to the information. Pocket Giving Ltd shall not be liable to you or the Pocket Giving Ltd Crowdfunding page as a result of its role hosting your Pocket Giving Ltd Crowdfunding page on the Website.

Pocket Giving Ltd Crowdfunding creator obligations

It is Pocket Giving Ltd’s policy that all crowdfunding campaigns must serve a purpose that benefits the public good. Pocket Giving Ltd retains the unrestricted ability to reject or terminate a campaign in its sole discretion when Pocket Giving Ltd believes the burdens of continuing a campaign are not in its best interest. In rejecting or terminating a campaign, Pocket Giving Ltd 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:

Where applicable, you shall ensure that any person or organisation for which you have created a Pocket Giving Ltd Crowdfunding page agrees to you raising funding on its behalf for the purposes and in the manner set out on your Pocket Giving Ltd Crowdfunding page;
If your use of the Website and/or associated services results in access to any Personal Information you shall: (i) at all times assist with the responsibilities of Pocket Giving Ltd, as a data controller responsible for determining how the Personal Information is processed under the provisions of the Privacy Laws; (ii) not do, or cause or permit to be done, anything which may result in a breach by Pocket Giving Ltd of the Privacy Laws and comply with all reasonable instructions from Pocket Giving Ltd relating to the processing by you and/or the Pocket Giving Ltd Crowdfunding page of such Personal Information; (iii) comply with the Privacy Laws in respect of your and/or the Pocket Giving Ltd Crowdfunding page's collection, use, disclosure or processing of the Personal Information; (iv) abide by the lawful instructions of all data subjects in respect of the Personal Information and not do anything to compromise the security of such information; (v) not sell, trade or rent Personal Information to third parties; (vi) hold the Personal Information securely and not disclose it to anyone other than Pocket Giving Ltd, as agreed to by the data subject and/or as permitted by Privacy Laws; (vii) implement adequate administrative, technical and physical safeguards against all unauthorised, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with Privacy Laws, and abide by Pocket Giving Ltd's reasonable requirements to ensure the security of the Personal Information as notified to you from time to time; (viii) use Personal Information appropriately and only for the specific purposes as notified to you from time to time, including by way of the applicable privacy policy available on Pocket Giving Ltd's Website; (ix) only communicate with donors where they have agreed to receive further communications from you and/or the Pocket Giving Ltd Crowdfunding page, and only to the extent that they have indicated their preference to do so (for example in relation to communications for a specific fundraising event only); (x) not retain any Personal Information for longer than is necessary; and (xi) to the extent legally permissible, you shall indemnify and hold harmless Pocket Giving Ltd, its successors and assigns, from and against all losses, costs and other damage caused by your and/or the Pocket Giving Ltd Crowdfunding page's breach of this paragraph; and
You shall maintain any necessary authority, permit, licence, consent, approval and registration for you to fundraise (and, where applicable, for Pocket Giving Ltd to fundraise on your behalf) in accordance with applicable laws and if Pocket Giving Ltd needs any such authority, permit, licence, consent, approval or registration for it to fundraise on behalf of the Pocket Giving Ltd Crowdfunding page then you will, at no cost to Pocket Giving Ltd, provide all such assistance as Pocket Giving Ltd reasonably requires to assist Pocket Giving Ltd with the same. You agree that you shall inform Pocket Giving Ltd immediately if, for any reason, you and/or the Pocket Giving Ltd Crowdfunding page cease(s) to maintain the necessary authority, permit, licence, consent, approval and/or registration to operate the fundraising activities in relation to the Pocket Giving Ltd Crowdfunding page in accordance with applicable local laws.
By building a Pocket Giving Ltd Crowdfunding page you represent, warrant and undertake to Pocket Giving Ltd and the users of the Website that:
- each time you use the Website or associated services, and in particular when you create a Pocket Giving Ltd Crowdfunding page, you will comply with Pocket Giving Ltd’s guidelines that apply to Pocket Giving Ltd Crowdfunding pages at that time ( available here);
- you will provide feedback via your Pocket Giving Ltd Crowdfunding page on the Website, including at the end of the fundraising period to explain what outcome has been or will be achieved as a result (including how any funds raised in excess of your target will be used);
- you will ensure all donations provided to the Pocket Giving Ltd Crowdfunding page will be used for the purposes set out on your Pocket Giving Ltd Crowdfunding page; and
- you will ensure no fraudulent, criminal or otherwise improper uses will be made of donations made via your Pocket Giving Ltd Crowdfunding page.

Minimum age

Pocket Giving Ltd Crowdfunding is not directed to anyone under 13 years of age. If you are under 13, you are not authorised to use Pocket Giving Ltd Crowdfunding. If you are between 13 and 18 years of age, then you may only set up a Pocket Giving Ltd 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.

Licence of Trademark and Copyrighted Material

You hereby grant to Pocket Giving Ltd, its affiliates and its partners a non-exclusive licence to use any of your Pocket Giving Ltd 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, Pocket Giving Ltd'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 Pocket Giving Ltd Crowdfunding page, shall be limited to the total fees paid by you to Pocket Giving Ltd 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 Pocket Giving Ltd 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 POCKET GIVING LTD has been advised of the possibility of such damages. YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.

Confidential Information

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.

Termination

Pocket Giving Ltd 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 Pocket Giving Ltd will be handled in accordance with the provisions above, provided that any potential payment (where applicable) may be delayed where Pocket Giving Ltd conducts an investigation regarding your use of the Website and associated services and Pocket Giving Ltd may decide to refuse to pay funds across to you where you have breached these Terms or your Pocket Giving Ltd Crowdfunding page has been removed. In such circumstances Pocket Giving Ltd may authorise a refund of donations to donors.