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Terms and conditions

Welcome to The National Funding Scheme (NFS).. We are a registered charity, details of which are given at the end of these Terms and Conditions. In these Terms and Conditions the words and phrases shown in the glossary at the end have the meanings shown in the glossary.

The Headlines

By using our Website, creating or using an Account or making a donation to the Scheme, you must comply with these Terms and Conditions.

Please read these Terms and Conditions in full, but if you would like a summary we think the most important points for you are:

You must be over 16 or have parental consent to view or use the Website or participate in the Scheme or create an Account.

Any personal information you provide to us when using the Website or participating in the Scheme, is used by us and third parties in accordance with our Privacy Policy.

Any Donation you make as part of this Scheme is to us, the National Funding Scheme (a registered charity). Subject to these Terms and Conditions we will pass your Donation and any Gift Aid to your identified Recipient Charity, except in exceptional circumstances.

Although you may have made your Donation in response to a specific cause of a Recipient Charity, and in order to avoid creating restricted funds for the Recipient Charity, if we pass your Donation and any Gift Aid on, the Recipient Charity is not bound to only use the Donation/Gift Aid for that cause. It may use this for its other charitable activities.

The Recipient Charities are independent from us, and although we have agreements in place with each Recipient Charity, we can accept no liability for the misuse of your Donations by Recipient Charities.

We charge the Recipient Charities a fee of 45% on any Gift Aid added to your donation. This covers our administration and marketing costs and includes any Payment Channel Fees (financial transaction costs) relating to your Donation(s).

Website Terms and Conditions

Your use of the Website

Except as permitted in these Terms and Conditions, you may not alter the Website or Software in any way or do anything that might or will damage or disrupt the good working order of the Website or our Software.

You agree that we may at any time and without prior notice to you replace or amend these Terms and Conditions. Your continued use of this Website after amendments are made means you accept the Terms and Conditions as updated. You should therefore visit this page regularly to review the Terms and Conditions.

You must be over 16 or have parental consent to view or use the Website, create an Account and participate in the Scheme/make Donations.

You must keep secret any password you have and not let any other person or organisation use it. You must notify us immediately of any suspected misuse of your password. We strongly advise that you change your password regularly.

You agree to keep your password secure at all times and not share or allow any other person to use your password or account, to avoid unauthorised use. We strongly advise that you change your password regularly to protect your account.

Accuracy

We cannot guarantee that the information contained on the Website is accurate, verified or complete. NFS accepts no liability if you or any person or organisation relies on or uses the information.

We do not guarantee that the Website will be uninterrupted or error free, or that the Website or your use of it will be free of viruses or harmful material. You are responsible for ensuring that your computer is suitable to use the Website.

Liability

We aim to main a safe, secure, and functioning digital service but we cannot guarantee the continuous operation of or access to our Services. Specifically, bid update and other notification functionality in our services may not occur in real time. Such functionality is subject to delays beyond our control.

We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

• your use of or your inability to use our Services;
• pricing or other guidance
• delays or disruptions in our Services;
• viruses or other malicious software obtained by accessing, or linking to, our Services;
• glitches, bugs, errors, or inaccuracies of any kind in our Services;
• damage to your hardware device
• the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
• your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Our use of your information

You agree that any information you provide to us is true and accurate when using the Website or participating in the Scheme.

Any information you provide to us through the Website will be treated in accordance with our Privacy Policy. We use cookies on the Website in accordance with our Cookies Policy.

Copyright

The content of the Website is owned by us, the Recipient Charities or third parties. No content from the Website may be copied, used or reproduced without our written consent. Please send your written requests to use content from the Website to: help at nationalfundingscheme.org

Linked sites

When you access any other website through the Website (including Recipient Charity websites) you understand that it is independent from NFS and that we have no control over other websites or the services offered through them.

Donor Terms and Conditions

Your Donations

Any Donation you make as part of the Scheme (through any of the available payment channels) is a donation to us, the NFS, a registered charity and is processed on behalf of the recipient charity. The Scheme does not allow you to make Donations directly to Recipient Charities.

You will make your Donation in relation to a specific Recipient Charity and we aim to pass your Donation on to the Recipient Charity with any Gift Aid we have reclaimed in accordance with these Terms and Conditions. However, in exceptional circumstances where we have concerns about the Recipient Charity, its financial position or its use of charitable funds, we are entitled without notice to you to withhold or ask for a refund of your Donation/Gift Aid and pass this to one or more other Recipient Charities to use in furtherance of their charitable activities. We need to have this level of scrutiny and control over the Donations/Gift Aid passed to Recipient Charities to ensure we are acting responsibly and appropriately as a registered charity.

We may also contact you to let you know this has happened or decide to refund your Donation/Gift Aid to you but we are under no obligation to do so.

Although your Donation(s) may be made in response to a specific cause of a Recipient Charity, and in order not to create restricted funds, the Recipient Charity may use your Donation (and any Gift Aid) for any purpose in furtherance of its charitable activities and is not bound to use your Donation (and any Gift Aid) for any specific cause. For example, if the Recipient Charity has already raised enough funds for the specific cause, it may want to use your Donation (and any Gift Aid) for other charitable projects.

You must not use borrowed, stolen, or forged payment methods to make your donation. Should you do so, you agree to accept full responsibility for such action and to indemnify the National Funding Scheme in respect of all actions, claims, damages, liability, fees, costs and expenses whatsoever that arise as a result of your actions.

Gift Aid

Before making your Donation(s) to us or, in the case of text Donations (when you are not registered with us for Gift Aid), after making your Donation, we will invite you to make a Gift Aid declaration to increase your Donation in accordance with the Gift Aid Scheme.

If you make a valid Gift Aid declaration, we will then reclaim the Gift Aid from HMRC and will pass on any agreed amount of this on to the Recipient Charity you identified subject to these Terms and Conditions. Please note, any Donations made under the Scheme are Donations to us, the NFS, and therefore any Gift Aid reclaimed is in the name of the NFS (a registered charity) and not the Recipient Charity.

For text Donations, after you have made your Donation we may subsequently send one receipt text to you with related links in it.

 

Auctions

The following Terms and Conditions are applicable to any use by you of the online auction ( “Auction”) as hosted by us, and provided by one of our Recipient Charity clients

1. Auction
   The online auction is operated for the benefit of the Recipient Charity for whom the Auction is being run. Normally the Recipient Charity is donating the item and the Host is simply providing the technology and system for you to bid on such item. Bidders may bid for more than one Item in the Auction. The winning bidder on each Item offered for sale in the course of the Auction will be the person who has submitted the highest bid at the notified deadline and providing it is in excess of any stated reserve.
2. Eligible Bidders
   All bidders must be capable of forming legally binding relations under applicable law. The Auction may not be used by individuals under the age of 18 years old and by any other persons who are legally prohibited from, or otherwise incapable of, entering into binding contracts. Any bidder using the Auction is warranting by so doing that they are legally entitled to do so. As bidder you agree that we can process your personal data in accordance with our Privacy Policy specifically for this Auction. We do not and will not store your credit or debit card details beyond taking payment during this Auction.
3. Bidding
   Bidders wishing to bid on an Item may make a bid for an Item through the Auction. All Items offered in an Auction are listed and offered for sale on an "as is" basis. Bidders are advised to conduct any research or due diligence on an Item prior to making a bid. Any questions or concerns should be addressed to the Recipient Charity at hello@nationalfundingscheme.org A bid made by a bidder is an offer to purchase the Item listed at the stated bid price. Any bidder making a bid for an Item acknowledges and agrees that their offer is an irrevocable offer to complete the transaction if they are the winning bidder whereupon the bid will become a contractually binding obligation to purchase the Item at the bid price. If a bidder bids on an Item and that bid represents the winning bid for that Item and the winning bid is above or equal to the reserve, the bidder's bid is deemed accepted. The 'winning bidder' is the person certified by the Host at the end of the Auction to be the highest bidder, provided that their bid meets the reserve. The winning bidder may include any under-bidder who is awarded the Item following the failure of a higher bid for any reason.
4. Item Descriptions
   Items for sale in the Auction are listed on the site with a description and a minimum bid. The Recipient Charity will, wherever possible, provide a representational image of the Item offered for sale in the Auction but shall have no liability if it does not do so. All Images are subject to copyright of the artist. Whilst the Recipient Charity strives to ensure that descriptions and photographs are accurate, complete and up-to-date, it does not guarantee that this is the case, and will not be responsible for any damage or loss caused due to a bidder by reason of a description of an Item being inaccurate, incomplete or for the Item being otherwise in any way different to the bidder's expectation. Descriptions of Items are provided without a warranty of any kind. In no event shall the Recipient Charity (including its employees, affiliates and volunteers) be liable for any claim, demand or damages arising out of or in any way connected with the use by the bidder of the site, the Auction or their purchase and use of an Item. The Recipient Charity reserves the right in its absolute discretion to amend or change the Item due to circumstances beyond its reasonable control.
5. Bidding and Payment Deadlines
   Deadlines for receipt of bids made for an Item offered in the Auction are at the sole discretion of the Recipient Charity and the Host and will not be extended under any circumstances. No bids will be accepted on an Item after the deadline. After the Auction closes the Host will contact the winning bidder by email to inform the bidder that their bid was the highest and that they are, therefore, the winning bidder. The winning bidder must make payment for the Item within 5 calendar days or as the Recipient Charity in its absolute discretion directs and any failure to make payment within the Recipient Charity’s deadline entitles the Recipient Charity to award the Item to the next highest bidder and the original winner will have no right to insist on receiving the Item.
6. Gift Aid
   By agreeing to Gift Aid, the bidder is confirming they have paid or will pay an amount of Income Tax and/or Capital Gains Tax for the current year that is at least equal to the amount of tax that all the charities that the bidder donates to will reclaim on their gifts for the current tax year. The bidder understands that other taxes such as VAT and Council Tax do not qualify. The bidder understands the Recipient Charity will reclaim 25p of tax on every £1 that is given. Gift Aid on lot items is only applicable in a limited number of situations; the Recipient Charity will claim wherever possible; for more info see http://www.hmrc.gov.uk/charities/gift_aid/rules/auctions.htm.
7. Fees
   The Host charge the Recipient Charity a small fee for marketing, running and providing the system to allow the Auction to happen and this is equal to or less than 10%. All remaining monies are donated to the Recipient Charity. Some Items offered for sale on the site may be subject to a reserve. All monies paid less the reserve and any fee by a winning bidder will be donated to the Charities.
8. Applicable Law
   This Agreement between you the bidder and the Recipient Charity shall be interpreted and construed in all respects in accordance with English law and any dispute arising in relation to any aspect of the use of the Auction, the Bidding System, bids made by a bidder in the course of an Auction, any Item, payment delivery or any other matter relating to the Auction shall be subject to the exclusive jurisdiction of the English courts to which the parties hereby irrevocably submit.
9. Variation of Terms
   These Terms and Conditions may be revised and updated by the Recipient Charity and or Host from time to time without notice. Bidders who have previously bid in the Recipient Charity Auction are accordingly advised to familiarise themselves with the prevailing edition of these Terms and Conditions when deciding to participate in an Auction. Notwithstanding the foregoing the edition of the Terms and Conditions that was current at the time an Auction commenced will continue to apply throughout that Auction and to all Items sold pursuant to it even if later edition of the Terms and Conditions is implemented before the Auction is completed.
10. Third Party Rights
    No person who is not a party to an Agreement shall have any right pursuant to the terms of the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such Agreement.
11. Shipping Policy
    Where delivery of an Item to a bidder is required then the Recipient Charity will use reasonable endeavours to ship the Item to the bidder within 21 days of the Auction ending unless otherwise notified by the Recipient Charity in the Item description or otherwise.

 

The Recipient Charities

The Scheme allows us to raise Donations and Gift Aid and then pass this to the Recipient Charity you identified when making your Donation. Every Recipient Charity has entered into an Affiliate Agreement with NFS under which the Recipient Charity agrees to use your Donation/Gift Aid in furtherance of its charitable activities.

The NFS has the right to withhold or ask for a refund of your Donation/Gift Aid from a Recipient Charity if it has valid concerns about how the Recipient Charity will use the Donation/Gift Aid. However, the NFS cannot guarantee it will be able to successfully claim back any of your Donations/Gift Aid paid to a Recipient Charity. (Also see the paragraph on Refunds below.)

The NFS is not responsible for any complaints, concerns or dissatisfaction you may have with Recipient Charities' activities or use of your Donation(s)/Gift Aid. Although we have the right to withhold or request a refund of your Donation(s)/Gift Aid in exceptional circumstances (as described above) we cannot provide any warranties about, or be responsible for, the conduct or use of your Donation(s)/Gift Aid by Recipient Charities.

Our Fees

The NFS charges the Recipient Charities 45% of the Gift Aid reclaimed on any donation passed to the Recipient Charity. If no Gift Aid is collected we charge the Recipient Charity 4.5% of the donated amount. These fees may be changed at any time are subject to change by NFS in accordance with the Affiliation Agreement.

If the recipient is not a charity, but has acceptable charitable purpose, we charge 100% of the Gift Aid (if added by the donor) or 5% of the donation where Gift Aid is not added.

Payment Channel Costs

Any third party Payment Channel Fees (for example, Paypal, credit or debit card charges) are covered within the above charges. Text Donations will usually mean you will incur your standard text message fee. Please refer to your tariff for details of your standard text message fees.

Refunds

Any Donation made under the Scheme is final. However, if you can prove that unauthorised use of your debit or credit card has taken place, you should immediately notify your debit or credit card provider and it may be possible to arrange a refund.

Where we have withheld or reclaimed back your Donation from a Recipient Charity (in the circumstances described above), we may either pass this to another Recipient Charity to use in furtherance of their charitable activities or refund this to you (at our sole discretion).

Text Donations may be refunded in certain circumstances at the sole discretion of your mobile phone operator. For example, if you can quickly after making the Donation show the text was sent in error or without your consent, your mobile phone operator may decide to refund this. If you would like to request a text Donation refund, please contact your mobile phone operator.

If Donations made via text or the Website have already been received by us (but not yet passed to any Recipient Charity) and you request a refund, we may decide to refund this to you at our sole discretion if you can prove the Donation was made in error or without your consent.

If Donations made via text or the Website have already been passed by us to a Recipient Charity and you request a refund, we may decide to refund this to you bu will only refund this to you if the Recipient Charity is able to refund us or allow the amount to be deducted from subsequent funding passed to the Recipient Charity under the Scheme.

Our Liability to You

In circumstances where you suffer loss or damage arising out of or in connection with the use of the Website or participation in the Scheme, we accept no liability. However, if for any reason we are liable to you, our liability will be limited to £100. (This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or fraudulent misrepresentation).

We accept no responsibility for any misuse of your Donations/Gift Aid by a Recipient Charity. Any concerns or complaints regarding use by a Recipient Charity of your Donations/Gift Aid should be immediately reported to us at Donor help and we will direct your concerns to the Recipient Charity (if appropriate)

General

We may terminate your rights under these Terms and Conditions, your use of the Website or any of our Software or your participation in the Scheme at any time without notice to you.

We may assign, transfer, or subcontract any or all of our rights and obligations under these Terms and Conditions at any time.

If any term of these Terms and Conditions is illegal, invalid or unenforceable for any reason, the remaining terms shall continue to be valid.

These Terms and Conditions and your use of the Website/participation in the Scheme are governed by English law and you are subject to the non-exclusive jurisdiction of the English courts.

Failure or delay by either party to enforce an obligation or exercise a right under these Terms and Conditions shall not be a waiver of that obligation or right.

These Terms and Conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

Notices

All contact or notices to be given in relation to these Terms and Conditions or your use of the Website shall be given:

to us via e-mail to help at nationalfundingscheme.org or to you via these Terms and Conditions or at the email address you provide when creating your Account (or later update).

Notice will be deemed received when an e-mail is received in full. Notice is not deemed received where an out of office or undelivered message is received by the sender.

Glossary

Account means any account you create when using the Website or participating in the Scheme, including a donor or affiliate account

Affiliation Agreement means the affiliation agreement entered into between the NFS and each Recipient Charity

Donation means any donation or payment you make to us as part of the Scheme

Gift Aid means the percentage increase of your Donation(s) under the Gift Aid Scheme where you have elected to increase your Donation(s) by making a Gift Aid declaration

Gift Aid Scheme means the gift aid scheme administered by HMRC from time to time and under which UK tax payers may increase their donations to UK charities by a specified percentage (which may change from time to time)

NFS or us, our or we means The National Funding Scheme a company limited by guarantee registered in England, Wales and Scotland (registered company no: 8223187) and a registered charity in England and Wales (1149800) and Scotland (SC045106). Its registered office address is: 10 Queen Street Place, London EC4R 1BE.

Our Fees means the fee charged to the Recipient Charities on each Donation/Gift Aid passed to them in accordance with these Terms and Conditions and the Affiliation Agreement

Payment Channel Fees means any transaction fees charged by third parties to process payments or donations.

Privacy Policy refers to the Privacy Policy of NFS

Recipient Charity means any UK registered charity that is part of the Scheme and is eligible to receive Donations and Gift Aid from us in accordance with these Terms and Conditions

Software means the software used by us to run the Scheme

Scheme means the digital national funding scheme run by us, the NFS

Website means this website: platform.nationalfundingscheme.org

If you would like to contact us: please email

This Policy was last updated on 17^th May 2017