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Charity Terms
Goodstack End User Hosted Donation Gateway Terms
Effective date: October 15, 2024
INTERPRETATION
These End User Hosted Donation Gateway Terms (“Terms”) constitute a legally binding contract between you and Goodstack and apply to your use of the Donation Service, powered by Goodstack. Your use of the Donation Service is subject to these Terms and by using the Donation Service you accept these Terms. We may update these Terms from time to time and it is your responsibility to review the Terms whenever you make use of the Donation Service.
Goodstack supports businesses to help their customers and users make donations to Charities through the Foundation. In conjunction with our services, we offer you the opportunity to make a payment to the Foundation which then distributes your payment to a Nonprofit as described in these Terms (the “Donation Service”). Goodstack is the trading name of We Are Percent Limited t/a Goodstack (UK registered company number 09387321, located at 7 Bell Yard, London, England, WC2A 2JR (“Goodstack”, “we”, “us”). If you have questions, please contact us at: hello@goodstack.io.
If we need to contact you, we will use the contact details which you provide to us as part of making the donation.
Definitions: “Charity”: a charitable organisation to which you can request that the Foundation make a donation using our Donation Service. “Foundation”: the third-party entity which we have partnered with to receive and distribute donations made via the Donation Service. “Partner”: the business which requested that Goodstack make the Donation Service available to you. “Payment Provider”: a third-party entity or entities which we have partnered with to enable payments for the Donation Service.
PERSONAL DATA
If you provide consent, we will provide the following categories of personal data to the Charity that you identify for your donation: name, email, and address. If, after giving consent, you subsequently decide you would not like your personal data to be shared with the Charity, you can let us know by emailing dpo@goodstack.io. For more information about the processing of personal data for the Donation Service, please see our Privacy Policy.
CONDITION OF PARTICIPATION
You can use the Donation Service if you are a natural person who has reached the age of 18. If you use the Donation Service on behalf of a company or organisation, you confirm to us that you are authorised to act on behalf of that company or organisation and you enter into these Terms on their behalf.
DONATION VIA PARTNER FOUNDATION
We partner with a Foundation which makes donations to Charities. If you choose to make a donation to a Nonprofit through our Donation Service, your donation will be paid, using your preferred payment method through our Payment Provider, to the Foundation by clicking on the button provided for this purpose (referred to as “Donate” or similar). We will inform the Foundation to which Charity you wish to make the donation.
Once you make the donation, the Foundation retains exclusive control over it, and the donation will be delivered as per the Donation Delivery Policy. If the intended Charity beneficiary is not willing or able to accept the donation or it fails to satisfactorily complete the Foundation’s due diligence, the Foundation will apply the Undeliverable Donation Policy.
NO ENDORSEMENT OR ADVICE
In providing this Donation Service, we are not providing you with any tax, accounting or financial advice or recommendations. We do not endorse the Foundation or any specific Charity or their activities. We do not represent or warrant that your donations will be used for any particular purpose by the Foundation or Charities.
NON-REFUNDABLE DONATIONS
Except as expressly provided by applicable law, your donation through our Donation Service is non-refundable.
YOUR DUTIES OF CARE
You must use the Donation Service solely in compliance with all applicable laws. You are prohibited from using the Donation Service to support activities that may cause us or the Foundation to violate applicable law.
You are also prohibited from:
searching, retrieving, copying or monitoring the Donation Services and/or its content using a program, algorithm or comparable method for collecting or extracting data (such as using automated tools like bots, spiders or scrapers),
damaging, disrupting or otherwise impairing the operation of the Donation Service as well as the systems, infrastructure and/or applications used to operate it, which includes sending, transmitting or implementing files that contain viruses, worms, Trojan horses or other harmful or destructive features,
investigating, scanning or testing vulnerabilities of the Donation Service or circumventing or compromising security and/or authentication measures designed to protect the Donation Service; or
copying, translating, disassembling, decompiling, reverse engineering or otherwise modifying the software of the Donation Service in whole or in part, or creating derivative works thereof.
SERVICE FEES
A service fee and transaction costs (including debit and credit card charges) may be deducted from your donation, unless the Partner has agreed to pay these fees and costs. We will inform you of the amount of the service fees and transaction costs that will be deducted from your donation (if any) before you finalise the donation.
TAXES
The Foundation may provide you with an acknowledgement letter or tax receipt for your donation. Goodstack and the Foundation do not guarantee that you will receive any particular tax treatment for your donation, and the Foundation and Goodstack provide no comment or advice on the tax consequences or obligations arising from your donation. Please consult your professional tax advisor to discuss your individual circumstances and whether there are any tax implications or related obligations.
DISCLAIMER
Except as expressly stated in these Terms, and except where such is not legally permitted, we exclude all terms, conditions, warranties or guarantees which might apply to your use of the Donation Services.
RESPONSIBILITY FOR FOUNDATION
We will use reasonable efforts to secure the Foundation’s compliance with the terms of its contract with us, which includes obligations related to the treatment of donations. Apart from as described in the previous sentence, to the maximum extent permitted by applicable law, we are not responsible for the actions or inactions of the Foundation.
LIMITATION OF LIABILITY
Nothing in these terms limits our liability for (a) intentional acts and gross negligence; (b) personal injury; and (c) liability that cannot be limited under applicable law.
Subject to Section 12.1, and to the maximum extent permitted by applicable law, Goodstack is not liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for (a) any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss; or (b) any special, indirect or consequential loss, costs, damages, charges or expenses, in either case, however arising in connection with the Donation Service.
Subject to Sections 12.1 and 12.2, and to the maximum extent permitted by applicable law, Goodstack total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Donation Service shall, in respect of any claim, be limited to fees received by Goodstack with respect to donations you make via the Donation Service during the 12 (twelve) months immediately preceding the date on which the claim arose.
The above limitations of liability also apply regarding our liability for our agents, employees and legal representatives.
THIRD PARTY WEBSITES Our Donation Service pages might contain links to websites or resources owned by third parties. Where we provide these links, we are not responsible for any content, services or products available through them. You are responsible for your use of any third party links or resources and for reviewing and understanding any additional terms and conditions which such third parties might apply to your use of its links, resources, content, services or products.
INTELLECTUAL PROPERTY RIGHTS
We reserve all copyrights and other proprietary rights to the Donation Service. You may use the Donation Service and the content presented by the Donation Service only for your own personal and non-commercial purposes. Any use of the Donation Service and the content presented therein for commercial purposes (i.e. for your own profit) is prohibited, unless we have given our prior written consent.
You are not permitted to use our name or our trade mark without our written permission. If other trade marks appear on our site or service pages, you may not use these without the permission of the trade mark owner.
THIRD PARTY TERMS A person who is not a party to these Terms has no right to enforce any term of these Terms.
RIGHT OF WITHDRAWAL Depending upon your location, you may ordinarily have a right to withdraw from contracts for services concluded online within a cancellation period (e.g. 14 days from the date the contract was entered into) without giving any reason. Consumers exercise this right by notifying the provider of the service of the decision to withdraw from the contract. However, where the consumer wishes the service to be provided before the expiration of the cancellation period, the cancellation right is lost upon complete provision of the service. In the case of the Donation Service, we withdraw your donation funds and any service fees and transaction costs immediately once you confirm the donation, and it is not possible to refund those payments to you if you change your mind. Accordingly, if you wish to use the Donation Service, you expressly waive your right of withdrawal when you submit your donation.
GOVERNING LAW
Unless applicable law requires otherwise, the laws of England govern these Terms, and disputes in relation to these terms must be brought in courts located in England.
Depending upon your location, you may be entitled to submit a dispute relation to the Donation Service to the European Commission’s platform for online dispute resolution.
SEVERANCE If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.