Terms of use

1.1. fundmore.charity (the Site) is a website operated by Ensemble Fundraising Ltd (we, us). We use the trading name fundmore.charity. We are registered in England under company number 15643293 and have our registered office at 17a Southbourne Crescent, London, England, NW4 2LB. We are a limited company. To contact us, please use the ‘Contact Us’ link on the Site.

1.2. The Site allows donations to be made to, and funds to be raised for, registered charities (each a Charity). You can find details of a Charity on the Charity Commission website at gov.uk/government/organisations/charity-commission.

1.3. Each Charity has an agreement with us whereby we make our platform and tools available to help each Charity collect donations from donors through the Site. However, we are not responsible for the activities of a Charity.

2.1. By using the Site or our services, you confirm that you accept these terms of use and the documents referred to in the clause below this one (together, all these being the Terms). By using the Site or our services you agree to comply with the Terms. If you do not agree to these terms, you must not use the Site or our services. We recommend that you print or otherwise save a copy of the Terms for future reference.

2.2. The Terms also include the following additional or replacement terms, which also apply to your use of the Site or our services:

2.3. We amend the Terms from time to time. Every time you wish to use the Site or our services, please check the Terms to ensure you understand the Terms that apply at that time.

3.1. Charities may or may not run a campaign to raise a total amount (known as a Campaign Target) which will appear on the area of Site the Charity is using (known as the Charity Area) and may or may not declare a purpose of that campaign (known as a Campaign Purpose). Together any details about the Campaign are known collectively as the Campaign.

3.2. Whether or not a Charity uses funds raised for the Campaign Purpose and whether or not a Charity faithfully applies donations to the Campaign and if or how a Charity uses surplus donations above any Campaign Target, is a matter for the Charity and is nothing to do with fundmore.charity which merely provides a platform and tools for the Charity to raise funds.

4.1. We only provide tools to a Charity so they can collect a donor’s donation through the Charity’s payment providers. We never see the money a donor donates - which is collected by the Charity’s payment provider and then given to the Charity less whatever the payment provider may charge the Charity. All donations are subject to the Charity’s third party payment provider’s processing fees which are paid by the Charity. (We make a monthly charge to the Charity for use of our Site, based on the volume of donations but we have nothing to do with the donations themselves.)

4.2. Sometimes the Site may reject donations; for example, because we can't verify something we might need to verify. When this happens, we let you know as soon as possible and the sums will not have been donated.

4.3. Once a donation has been made, it can only be refunded by the donor directly contacting the Charity to whom it has been donated. It is up to the Charity whether or not to refund a donation and is nothing to do with fundmore.charity.

4.4. If a donor has declared that any donation is eligible under the HMRC Gift Aid scheme, the functionality on the Site allows the Charity to make a claim for basic rate tax from HMRC as permitted by law. However, the donor is responsible for verifying whether or not and the extent to which that donor’s donations are eligible under that scheme. Claiming tax, tax deductions or tax benefits when one is not entitled or is using someone else’s taxpayer information, is against the law.

4.5. Subject to applicable local laws, donations will not be refunded for any reason by a Charity, unless there is proven unauthorised use of the donor’s payment card or other payment method; however the donor must contact the Charity. If a donor becomes aware of fraudulent use of the donor’s card or other payment method, or if the donor’s card is lost or stolen, the donor should contact the provider of that payment method for assistance. In the rare circumstance when a donation should be refunded, the donor must directly contact the Charity about this.

4.6. Donations may be subject to third party payment processing fees which are paid by the receiving Charity out of the donation (for example to payment processors such as Stripe).

4.7. By making a payment through the Site, a donor agrees to abide by the payment processor’s Terms of Service and Privacy Policy. The Site does not store any payment information on its database. All payment information for payments made via a payment provider is securely handled by that payment provider.

4.8. For donors that donate via some payment providers, donation details submitted may be shared with that payment provider for data verification purposes only. This may include some donor details such as contact details, first name, surname, email and other personal details.

5.1. We may update and change the Site and/or our services from time to time. For example, we might make changes to reflect changes in relevant laws or regulatory requirements or to make technical adjustments and improvements, or to address a security threat. There may also be other reasons. However, subject to anything else we say to the contrary in other specific terms (see Section 2.2) that may apply to you: (i) the Site and our services are generally made available free of charge; (ii) we do not guarantee that the Site, or any content on it, or our services will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site or our services for business or operational or other reasons.

5.2. You are responsible for ensuring that all persons who access the Site or our services through your internet connection are aware of these Terms and that they comply with them.

6.1. Some users may wish to access administrative features of the Site. They must register for an account. Approval for administrative access is at the discretion of the Site administrators. All other users are considered guests and are not required to register for an account to use certain features of the Site.

6.2. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

6.3. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

6.4. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the ‘Contact Us’ link on the Site.

7.1. You must use the Site and our services in a responsible, legal and ethical manner and you must ensure that your behaviour when interacting with the Site or our services does not breach any rights (including any intellectual property rights) of a third party or breach any right or duty owed to a third party.

7.2. Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site or our services, you must comply with the content standards set out in our Acceptable Use Policy.

7.3. You warrant that any such contribution does comply with those standards, and you are 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.

7.4. Any content you upload to the Site or provide to enable us to provide our services will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site or our services a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Section 9 below.

7.5. You are solely responsible for securing and backing up your content.

7.6. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Site or any services provided via, or in relation to, the Site. This includes using (or permitting, authorising or attempting the use of):

7.7. The provisions in this Section 7.7 should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). However, Section 7.7 shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

8.1. The Site or our services may include information and materials uploaded by other users of the Site or our services. This information and these materials have not been verified or approved by us. The views expressed by other users on the Site do not (necessarily) represent our views or values.

9.1. When you upload or post content to the Site or otherwise make it available for our services, you grant us the following rights to use that content:

10.1. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site or otherwise provided by you to enable us to provide our services constitutes a violation of their intellectual property rights or of their right to privacy.

10.2. We have the right to remove any posting you make on or otherwise make available for us to use on the Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

10.3. If you wish to contact us in relation to content you have uploaded to the Site or otherwise made available for our use in our services we provide and that we have taken down or removed, please contact us through the ‘Contact Us’ link on the Site..

10.4. We reserve the right to remove any pictures, photographs, videos or copy from any part of the Site or other medium at our sole discretion and without notice.

10.5. We reserve the right to cancel your access and delete any page (or any part of any page) of the Site without notice if you fail to follow any of the rules in these Terms.

10.6. We may suspend or delete any page or part of a page in the Site if the relevant Charity is no longer receiving donations via us or is no longer active or for any other reason.

10.7. We reserve the right, at our absolute discretion and without notice, to cancel any fundraising page, in our absolute discretion, if we deem the fundraising activity to be inappropriate or unnecessarily dangerous or in breach of any of the Terms.

10.8. We can suspend the supply of the Site or any of our services for any reason. Such reasons may include dealing with technical problems or making technical changes; updating the Site or our services to reflect changes in relevant laws or regulatory requirements; or just to make changes to the Site or our services.

10.9. We can stop providing the Site or our services at any time.

10.10. If you upload material that is clearly illegal or in breach of these Terms, we may suspend your access to the Site and/or our services. We will usually consider the gravity of what has occurred and, where possible to identify, your intention in posting the material.

10.11. If you frequently submit notices or complaints that are clearly unfounded, we may suspend the processing of any further notices or complaints from you for a reasonable period of time. We will warn you in advance if we propose to suspend processing of your notices or complaints. When deciding whether to suspend you for these reasons, we will consider:

11.1. We are the owner or the licensee of all intellectual property rights and other rights in and to the Site, and in the material published on it; and to our services and the outputs of those services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

11.2. You may draw the attention of others within your family, friends or organisation to content posted on the Site or made available through our services. However, you must not use any part of the content on the Site or otherwise made available through our services for any purposes without obtaining a licence to do so from us or our licensors.

11.3. If you print off, copy, download, share or repost any part of the Site or outputs of our services in breach of these Terms, your right to use the Site and our services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

12.1. Where the Site or information provided pursuant to our services contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

12.2. You access any resources at such links entirely at your own risk and you will be subject to the terms of use applicable to such linked web sites.

12.3. From time to time, we may select business partners who offer relevant information and services that we believe will enhance the services we offer. Whilst we will do our best to select reputable partners, 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.

13.1. We exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any content on it or to our services. However, nothing in these Terms excludes any statutory rights which may apply to your use of the Site or our services which cannot be excluded, restricted or modified by contract.

13.2. The Site and our services (and all information, content, materials, products, including software, and other services included on or otherwise made available to you through the Site or our services) are provided on an ‘as is’ and ‘as available’ basis. We make no representations or warranties of any kind, express or implied, about them or their operation, unless otherwise specified in writing.

13.3. You expressly agree that your use of the Site and our services is at your sole risk.

14.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for our fraud or fraudulent misrepresentation.

14.2. We will not be liable to you 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:

14.3. In particular, we will not be liable for:

14.4. Subject to what we say in Sections 14.1 to 14.3, we're responsible for losses you suffer caused by us breaking an obligation in these Terms unless the loss is:

14.5. If, despite any of Sections 14.1 to 14.4 we are found liable, we shall only be liable under these Terms for direct losses which are reasonably foreseeable and caused by our uncured material breach of these Terms or our negligence and, in any event,. our 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 £10.

15.1. We do not guarantee or warrant that the Site or our services or information, content, materials, products, including software, or other services included on or otherwise made available to you through the Site or that our services, our servers or electronic communications sent from us, will be secure or free from bugs or viruses or other harmful components.

15.2. You are responsible for configuring your information technology, computer programs and platform to access the Site or our services. You should use your own virus protection software.

15.3. You must not misuse the Site or our services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site or our services, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the 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 the Site and our services will cease immediately.

16.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

16.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

16.3. You must not establish a link to the Site in any website that is not owned by you.

16.4. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.

16.5. We reserve the right to withdraw linking permission without notice.

16.6. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

16.7. If you wish to link to or make any use of content on the Site (or otherwise made available pursuant to our services) other than that set out above, please contact info@fundmore.charity.

17.1. We will only use your personal information as set out in our Privacy Policy.

18.1. If our supply of any service is delayed by an event outside our control and it affects you, we will try and contact you as soon as possible (if we are able to do so and if cost-effective to do so) to let you know and do what we can to reduce the delay. We won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team about it using the ‘Contact Us’ link on the Site.

19.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will post on the Site if this happens. You confirm by using the Site or our services that you endorse this.

19.2. Nobody else has any rights under these Terms. These Terms are between you and us. Nobody else can enforce them and neither of us will need to ask anybody else to sign-off on ending or changing it.

19.3. If a court invalidates some of these Terms, the rest of them will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

19.4. Even if we delay in enforcing these Terms, we can still enforce them later. We might not immediately chase you for not doing something or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

20.1. Please note that the Terms, their subject matter and their formation, are governed by English law.

21.1. Resolving disputes without going to court. We are happy to engage in alternative dispute resolution which is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court or arbitration.

21.2. Resolving disputes through arbitration. You and we agree to resolve any disputes through arbitration at the London Beth Din using their rules of procedure (but always subject to English law in all respects). See bethdin.org.uk for details.

21.3. Resolving disputes through the courts. If for some reason, arbitration is not possible, then wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in or in the English courts (at our option).

22.1. If you think there is something wrong with our services or you want to make a complaint about any content or for another reason, you must contact our Customer Service Team using the ‘Contact Us’ link on the Site..