PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
TERMS OF WEBSITE USE
This terms of
use (together with the documents referred to in it) tells you the terms of use
on which you may make use of our website www.dontsendmeacard.com (our “Site”), whether as a guest or a registered
user. Use of our Site includes accessing, browsing, or registering to use our Site.
Please read
these terms of use carefully before you start to use our Site, as these will
apply to your use of our Site. We recommend that you keep a copy of these terms
for future reference.
By using our Site,
you confirm that you accept these terms of use and that you agree to comply
with them.
If you do not agree to these terms of use, you must not use our Site.
OTHER APPLICABLE TERMS
These terms of use refer to the following additional terms, which also apply to your use of our Site:
• Our Privacy Notice, which sets out the terms on which we process any personal data we
collect from you, or that you provide to us. By using our Site, you consent to
such processing and you warrant that all data provided by you is accurate.
• Our Acceptable Use and Rules Policy, which sets out the permitted uses and prohibited uses of our Site. When registering
as an Account Holder or when you Submit User Submissions or link to our Site you
must comply with this Acceptable Use and Rules Policy.
INFORMATION ABOUT US
Our Site is operated
by Dontsendmeacard.com Ltd. ("We/Our/Us"). We are registered in England and Wales under company number 08697972 and have our registered
office at Chichester Place, 18 Southernhay East, Exeter, EX1 1QD.
Our Site is a platform where charities
can register and set up accounts (“Account Holders”) to receive donations made by
those who access our Site and send e-cards and other electronic greetings via
email and social media to third parties and make such a donation to Account
Holders instead of and in preference to sending that third party a greetings
card, gift and the associated costs of the same (“Contributors”). The promotion of the facility, Account
Holders and the management of payment of the gifts are referred to as the
“Services”. Through our Site,
email, websites, and other media, various content, including, but not limited
to, videos, photographs, images, artwork, graphics, audio clips, comments,
data, text, software, scripts, projects, other material and information, and works
(“Content”) is made available. Account Holders, Contributors and other visitors
to and users of the Service (“Users”) may have the ability to contribute, add,
create, upload, submit, distribute, facilitate the distribution of, collect,
post, or otherwise make accessible ("Submit") Content. “User
Submissions” means any Content Submitted by Users.
CHANGES TO THESE TERMS
We may revise these terms of use at any
time by amending this page.
Please check this page from time to time
to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR SITE
We may update our Site from time to
time, and may change the content at any time. However, please note that any of
the Content on our Site may be out of date at any given time, and we are under
no obligation to update it.
We do not
guarantee that our Site, or any Content on it, will be free from errors or
omissions.
ACCESSING OUR SITE
Our Site is made available free of
charge to individuals however we do charge a fee for using our Services as set out
below.
We do not guarantee that our Site, or
any Content on it, will always be available or be uninterrupted. Access to our Site
is permitted on a temporary basis. We may suspend, withdraw, discontinue or
change all or any part of our Site without notice. We will not be liable to you
if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all
arrangements necessary for you to have access to our Site.
You are also responsible for ensuring
that all persons who access our site through your internet connection are aware
of these terms of use and other applicable terms and conditions, and that they
comply with them.
ACCOUNTS AND PASSWORDS
You may view Content on our Site and contribute
to an Account Holder without registering. As a condition of registering with us
as an Account Holder, you must be a registered UK charity, select a screen name
and password and comply with the rules of registration as set out our Acceptable
Use and Rules Policy.
FEES AND PAYMENTS
Registering with and using our Site is free
however we do charge a fee for using our Services as set out below. Account Holders are responsible for
paying all fees and taxes associated with their use of the Services.
When a Gift is made to an Account Holder
using our Services we apply a fee of 0% of the total value of the gift with the option to leave us an additional contribution amount. A minimum Gift amount of £1 per gift and
a maximum limit of £999,999,999 per gift apply. Changes to our fees are effective after we provide you with notice by
posting the changes on our Site.
Gifts are processed securely through a
third-party payments processor (currently PayPal) and Users will as a condition
of using the Services need to register for an account with that third party
processor and comply with that third party processor’s terms and conditions. Our fees and the fees of the
third-party payments processor will be deducted from the Gift.
We do not offer refunds unless a Gift has
been processed in error. An
Account Holder may repay any Gift to a Contributor at any time and for any
reason but this does not affect the fees payable to us or any third-party
processor. We do not offer a repay
function through our Site or Services.
We reserve the right to cancel a Gift at
any time and for any reason.
US ACCOUNT HOLDERS
We accept Account Holders who are registered as charities in the United States of America (“US Charities”).
Gifts to US Charities will be processed using the PayPal third-party payment processor and will be received in USD and our fee will be paid to us in GBP.
AUSTRALIAN ACCOUNT HOLDERS
We accept Account Holders who are registered as charities in Australia (“Australian Charities”).
Gifts to Australian Charities will be processed using the PayPal third-party payment processor and will be received in AUD and our fee will be paid to us in GBP.
CANADIAN ACCOUNT HOLDERS
We accept Account Holders who are registered as charities in Canada (“Canadian Charities”).
Gifts to Canadian Charities will be processed using the PayPal third-party payment processor and will be received in CAD and our fee will be paid to us in GBP.
IRISH ACCOUNT HOLDERS
We accept Account Holders who are registered as charities in Ireland (“Irish Charities”).
Gifts to Irish Charities will be processed using the PayPal third-party payment processor and will be received in EUR and our fee will be paid to us in GBP.
SUBSCRIPTION SERVICES
Account Holders may register for our standard or premium subscription services. A description of the services is here.
INTELLECTUAL PROPERTY RIGHTS
Except for User Submissions we own or licence of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off and may download
extracts, of any page(s) from our Site for your personal use and you may draw
the attention of others to content or any Account Holder on our Site including
but not exclusively by re-posting and linking the content to social media and
email messages.
You must not modify the paper or digital copies of any materials you
have printed off or downloaded in any way, and you must not use any illustrations,
photographs, video or audio sequences or any graphics separately from any
accompanying text.
Our status (and that of any identified
contributors) as the authors of Content on our site must always be
acknowledged.
You must not use any part of the Content
on our site for commercial purposes without obtaining permission to do so from
us.
If you print off, copy or download any
part of our Site in breach of these terms of use, your right to use our Site
will cease immediately and you must, at our option, return or destroy any
copies of the materials you have made.
USER SUBMISSIONS
Whenever you make use of a feature that allows you to upload User
Submissions or other Content to our Site, or to make contact with other users
of our Site, you must comply with the content standards set out in our Acceptable Use and Rules Policy.
You warrant that any User Submissions
comply with the standards set out in our Acceptable Use and Rules Policy and
agree that you will be liable to us and indemnify us for any breach of that
warranty. This means you will be responsible for any loss or damage we suffer
as a result of your breach of warranty.
User Submissions will be considered
non-confidential and non-proprietary, and we have the right to use, copy,
distribute and disclose to third parties any such Content as required for the
performance of the Services or for any purpose.
We have the right to disclose your
identity to any third party who is claiming that any User Submissions by you to
our Site constitute a violation of their intellectual property rights, or of
their right to privacy.
We will not be responsible, or liable to any third party, for the Content or accuracy of any User Submissions posted by you or any other user of our Site.
We have the right to remove any posting you make on our Site if, in our
opinion, your post does not comply with the content standards set out in our Acceptable Use and Rules Policy.
The views expressed by other users on
our Site do not represent our views or values.
NO RELIANCE ON INFORMATION
The Content on our Site is provided for general information only.
Although we make reasonable efforts to update the information on our Site, we
make no representations, warranties or guarantees, whether express or implied,
that the Content on our Site is accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY
Nothing in these terms of use excludes
or limits our liability for death or personal injury arising from our
negligence, or our fraud or fraudulent misrepresentation, or any other
liability that cannot be excluded or limited by English law.
To the extent permitted by law, we
exclude all conditions, warranties, representations or other terms which may
apply to our Site or any Content on it, whether express or implied.
We will not be liable to any user for
any loss or damage, whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, even if foreseeable, arising under or in
connection with:
• use of, or inability to use, our Site;
• or
use of or reliance on any Content displayed on our Site.
We only provide our Site for the uses
specified in these Terms. You agree that we have no liability to you for any
loss of profit, loss of business, business interruption, or loss of business
opportunity.
We will not be liable for any loss or
damage caused by a virus, distributed denial-of-service attack, or other
technologically harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to your use of our
site or to your downloading of any content on it, or on any website linked to
it.
We assume no responsibility for the
content of websites linked on our Site. Such links should not be interpreted as
endorsement by us of those linked websites. We will not be liable for any loss
or damage that may arise from your use of them.
VIRUSES
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your
information technology, computer programmes and platform in order to access our
Site. You should use your own virus protection software.
You must not misuse our Site by
knowingly introducing viruses, trojans, worms, logic bombs or other material
which is malicious or technologically harmful. You must not attempt to gain
unauthorised access to our site, the server on which our Site is stored or any
server, computer or database connected to our Site. You must not attack our Site
via a denial-of-service attack or a distributed denial-of service attack. By
breaching this provision, you would commit a criminal offence under the
Computer Misuse Act 1990. We will report any such breach to the relevant law
enforcement authorities and we will co-operate with those authorities by
disclosing your identity to them. In the event of such a breach, your right to
use our Site will cease immediately.
LINKING TO OUR SITE
You may link to our Site, provided you
do so in a way that is fair and legal and does not damage our or any Account
Holder’s reputation or take advantage of it. When you
access third-party websites, you do so at your own risk. Those other websites
are not under our control, and you acknowledge that we are not liable for the
content, functions, accuracy, legality, appropriateness, or any other aspect of
those other websites or resources. The inclusion on another website of any link
to our Site does not imply endorsement by or affiliation with us. You further
acknowledge and agree that we shall not be liable for any damage related to the
use of any content, goods, or services available through any third-party
website or resource.
We reserve the right to withdraw linking
permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use and Rules Policy.
If you wish to make any use of Content on our Site other than that set out above, please contact support@dontsendmeacard.com.
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
APPLICABLE LAW
These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
CONTACT US
To contact us, please email support@dontsendmeacard.com.
Thank you for visiting our Site.
