Last Updated: Oct 30, 2015 12:43PM GMT
Terms and Conditions
Shareagift operates a website which allows groups of people to come together and raise. If you register with Shareagift you can set up a campaign page and your friends and family can contribute towards your shared goal. Our terms and conditions describe what we do and what we require of you in return in order to use our service. We set out the main points here but you must read and accept the full Terms and Conditions below in order to use Shareagift.
How to start collecting through Shareagift
You must be at least 18 in order to use Shareagift. In order to create a Shareagift page, you must register with Shareagift and you will need a PayPal account and it must be verified. Please note that PayPal place certain limits on money sent and received using PayPal depending on the type of account you have. Make sure that you have the correct PayPal account when using Shareagift and that you understand how your PayPal account works. More information on PayPal can be found here.
How to collect through Shareagift
We collect the contributions made via your Shareagift fundraising page on your behalf. You can login to your account at any time and click 'Collect Funds' to transfer the funds from your campaign page into your PayPal account. Funds for each page must be collected every 90 days from the page creation date
How to contribute funds using Shareagift
If you want to contribute funds using Shareagift, simply click on the “Contribute” button on the correct Shareagift page and follow the instructions. You can contribute using most registered debit or credit cards or a PayPal account. All payments must be made in GB pounds or US Dollars or Euros for the time being, however we will be introducing other currencies shortly. Please note that you can only make a virtual pledge to your page.
If you're using Shareagift to collect funds into your PayPal account, your contributors pay an admin fee. Our secure payment provider, PayPal, takes a transaction fee of around 2.4% plus £0.20 per transaction in the UK, €0.20 in Europe and $0.35 in the US. PayPal fees may vary from time to time so these fees may change. Details of how all these fees are applied are set out in the Terms and Conditions. Please read these carefully. Any contributions made by contributors outside the UK or the United States will be subject to any currency conversions (and associated costs) applied by PayPal or any bank, credit card or debit card provider.
Requests for refunds of contributions made to a Shareagift page can only be made by the person who has created the Shareagift page and not by individual contributors. If the Shareagift page creator wishes to have all contributions to his or her Shareagift page refunded to the original contributors he or she can do so provided that we have not received a request to transfer the funds to his or her PayPal account. We reserve the right to request I.D in the form of a passport, identity card or driving license, for any refund request or for any page that we believe to be fraudulent. Please note that refunds will be made after the deduction of PayPal’s transactional fees, so the full amount of any contribution cannot be refunded.
Responsibility for use of collected money through Shareagift
It is the responsibility of the Shareagift page creator to correctly use the funds collected through their page. We have no responsibility for the use made by the Shareagift page creator of the money collected through their Shareagift page, or for any refunds requested by individual contributors. Our only responsibility is to collect contributions and pass them to the page creator.
Shareagift is a friendly site that allows people to contribute towards a shared goal. If you create a Shareagift page or use the Shareagift service, you must use it in accordance with the law and comply with our Acceptable Use Standards. We will remove any offensive, obscene, racist or other unacceptable content as soon as we notice it, and you must ensure that any content you include on any Shareagift page or the Shareagift site (particularly pictures and photographs) does not infringe the copyright or trade mark of any other person. If you breach our Acceptable Use Standards we reserve the right to terminate your account, prevent or restrict your access to the Shareagift website and our associated services.
TERMS AND CONDITIONS
This page (together with the documents referred to on it) sets out the terms and conditions applicable to your use of our website www.shareagift.com (the "Site") and/or its associated services. Please read these Terms and Conditions carefully before you start to use the Site and/or its associated services. By using the Site and/or its associated services, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, you must not use the Site and/or its associated services.
In order to collect contributions through a fundraising page using the Site and its associated services, you must have a PayPal account. We use PayPal to collect contributions and pay out collected contributions to users of the Site in accordance with these Terms and Conditions. PayPal’s terms and conditions apply to your use of PayPal to use our services and the Site, and you must agree to those terms and conditions and comply with them in order to use the services we offer through our Site. We are not responsible for the acts or omissions of PayPal in relation to your use of our Site and its associated services.
We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on the Site.
Information about us
Shareagift Ltd ("we", “us” or “Shareagift”) operates the Site and its associated services. We are a private limited company registered in England and Wales under company number 07596931 and have our registered office at Mountview Court, London N20 0RA. Our VAT number is GB 117 789771.
Information about the Site
The Site and its associated services allow you to contribute or collect money.
The Shareagift service consists of the publication of web pages on the Site and the management of the processing of transactions. Funds will be collected from individual contributors for fundraising pages and transferred to the registered user who has created the page (the “Page Creator”) by PayPal. We have no responsibility for the acts or omissions of any Page Creator in relation to the contributions collected.
If you wish to use the Site or its associated services to collect money from your friends and family towards a shared goal, you must register with the Site. Applications to register with the Site can only be accepted from users:
(a) Who are at least 18 years of age.
(b) Who have an active PayPal account.
If you wish to use the Site to contribute money through a Shareagift page, you can sign up through Facebook or you can sign up via your email address where you are required to supply us with:
(a) Your full name
(b) Your email address
(c) A password for your account (which you create).
In order to register with the Site you must complete all mandatory areas of the online registration form. We may reject any application for registration from any person at any time, even if such application fulfills our Registration Requirements. If your application for registration is approved, you will receive an email from us to verify your nominated email. You can then change your email and password by logging into the “My Profile” section of the website. This email must be confirmed in order to activate your registration. By approving your application for registration, we do not warrant or guarantee to any other persons that you fulfill our Registration Requirements.
Once you have registered, you will be permitted to create a Shareagift page and start collecting money towards your shared goal.
a) Keep any password or any other piece of information as part of our security procedures which is chosen by you or allocated by us as part of the registration process strictly confidential and not disclose it to any third party.
b) Keep your email address and other registration details up to date and notify us promptly of any changes. We will use your email address to contact you about your Shareagift page and all money you have collected through it.
c) Not do anything to assist any person who is not a registered user to create a Shareagift page.
d) Not create additional registration accounts for the purpose of abusing the functionality of the Site or other users.
e) Not pass yourself off as another user.
We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions and/or if we believe that you do not fulfill the Registration Requirements.
Using the Shareagift Service
If you have registered and provided that your account has not been terminated by us, you can create a Shareagift page and use our services to collect contributions via your Shareagift page. In these Terms and Conditions, you will be referred to as the “Page Creator”.
All money contributed via a Page Creator’s Shareagift page will be retained by us in our PayPal account or associated bank account. After the deduction of PayPal’s fees, we will transfer the remaining collected funds to the Page Creator’s registered PayPal account. In order for a Page Creator to collect such funds, the Page Creator must click on the “Collect Funds” button on his or her “Shareagift Bank Account” page. All funds collected by us will be held in Shareagift’s PayPal account or its associated bank account until you request your collected monies to be sent to you.
It is a condition of the use of the Shareagift service that a Page Creator collects their funds at least once every 90 days. On clicking the “Collect Funds” button, all monies to which the Page Creator is entitled will be sent to his or her PayPal account as soon as possible. If the Page Creator has a verified PayPal account, it may take several days to withdraw the money from their PayPal account to their nominated bank account. PayPal operates the payment process – please see the PayPal terms and conditions for more details. As PayPal processes all payments we cannot assist with this process. It is the Page Creator’s responsibility to ensure that he or she has the appropriate PayPal account and, if he or she wishes to have the money transferred into his or her own bank account by PayPal, to ensure that the PayPal verification procedures have been carried out in time.
We will email the Page Creator from time to time using the email address given at registration (or any updated email account provided by the Page Creator) to remind the Page Creator to collect their funds. We have no liability for any failure or delay by us in sending any such reminder emails, or for any non-receipt of such emails by the Page Creator for any reason (including any failure to update his or her registered email address).
The Page Creator will not earn, receive or be entitled to any interest on monies raised through their Shareagift page. The Page Creator is able to review the transaction history for his or her Shareagift page via the Shareagift Bank Account page. All transaction records are held electronically and can only be viewed through the Site.
If you wish to contribute via a Page Creator’s Shareagift page, simply click on the “Contribute” button on the Page Creator’s Shareagift page and follow the instructions. You can pay using most registered debit or credit cards or a PayPal account. All payments must be made in GB pounds or US Dollars or Euros.
Once you make a payment you may not change or cancel that payment. If you want your contribution refunded you must contact the Page Creator. See Refunds above, for more details on refunding contributions. Please also note that PayPal processes all payments. Accordingly, we hold no records relating to your bank accounts, credit or debit cards.
Please note that a Page Creator can only make a virtual pledge to his or her Shareagift page.
Limits on Contributions
We may, at our sole discretion, limit contributors to 4 individual contributions on the Site in any one month. Please contact us at firstname.lastname@example.org specifying a telephone number on which we can contact you if you wish to exceed the monthly contribution limit.
We may, at our sole discretion, limit individual contributions to £1500 or $2000. If your contribution has not gone through please contact us at email@example.com.
The giving or withholding of approval for any of the above is in our entire discretion. You agree that, as part of our approval procedures, you may be required to provide us with further information and that we may use that information for any purposes we reasonably deem necessary in relation to the giving or withholding of such approval.
Fees and Currency Conversion (The following fees apply to the use of the Site and associated services)
Shareagift charges an admin fee, which is subject to change.
PayPal applies transaction charges for each transaction through PayPal (“PayPal Fee”). Currently the PayPal Fee applicable to this service is £0.20 per contribution and an additional 2.4% of the total transaction amount upon collection. PayPal collects the £0.20 contribution fee upon receipt of each contribution. PayPal deducts the 2.4% transaction fee upon collection of funds by the page creator. So, if three individual contributors pay £10 towards a page, the page creator will receive £28.68 from PayPal when they collect the total funds.
The PayPal Fee may change from time to time and we will amend these Terms and Conditions to notify you of such changes. You hereby give us authority to deduct the PayPal Fee (as varied from time to time) from contributions made or received via the Site.
Any contributions made by contributors outside the UK or the United States will be subject to any currency conversions (and associated costs) applied by PayPal or any bank, credit card or debit card provider.
Only the Page Creator can authorise us to refund contributions by contacting us directly. We cannot refund individual contributions and we can only refund the total amount we hold for any Page Creator (less applicable fees and subject to currency conversion) to individual contributors prior to collection of those funds by the Page Creator.
Requests for refunds of contributions made by contributors to a Shareagift page can only be made by the Page Creator. If you have contributed and wish to have your contribution refunded, please contact the Page Creator. If the Page Creator wishes to have all contributions to his or her Shareagift page refunded to the original contributors he or she can do so provided that we have not received a request to transfer the funds to his or her PayPal account. Any such refunds will be made after the deduction of any PayPal fees (and any currency conversion costs) so the full amount of any contribution cannot be refunded.
Responsibility of the Page Creator
It is the Page Creator’s sole responsibility to collect funds and use the money for what was described on the page. We have no control over, nor any responsibility for, the use made by the Page Creator of all or any of the collected contributions. Furthermore, it is entirely within the discretion of the Page Creator whether or not to refund contributions.
We are not responsible for any disputes or disagreements between Page Creators and contributors or any other party involved in relation to the Page Creator’s use of our services. It is a condition of the use of the Site and any of its associated services that any such disputes or disagreements must be resolved directly between yourselves and that you agree not to involve us or any of our group companies in any such dispute or disagreement.
ACCEPTABLE USE STANDARDS
You must at all times use the Site and its associated services in a responsible and legal manner. You must comply with the spirit of the following standards as well as the letter. We will decide in our ultimate discretion whether you have breached these Acceptable Use Standards.
You must not use the Site and its associated services:
As part of a business or for any commercial use or purpose or to collect or contribute money for any of the following:
- Items that infringe or violate any copyright, trademark, right of publicity or privacy or any other similar right in any part of the world.
- Counterfeit or pirated items.
- Items that promote hate, violence, racial intolerance or the financial exploitation of a crime.
- Items that encourage, promote, facilitate or instruct others to engage in illegal activity.
- Items that promote, support or glorify acts of violence or harm, whether to self or others.
- Drugs or drugs paraphernalia.
- Guns or offensive weapons of any type.
- Obscene or pornographic items.
- Wild animals purchase.
- Pharmaceutical products (whether prescription or over-the-counter).
- Financial or investment products.
- Any age restricted items, such as alcohol, knives, glue or glue products, DVDs or video games where the intended recipient of such item is below the permitted age for that item. For example you cannot create a Shareagift page for a person under 18 to collect contributions towards an alcoholic product for such person.
- The site must also not be used:
- For the purposes of gaming, gambling, betting or lotteries;
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- To operate a private banking service or to send or receive potentially fraudulent funds.
- In any way which breaches the terms and conditions of service of PayPal.
- For the purpose of harming or attempting to harm minors in any way.
- To conduct, display or forward raffles, surveys, lotteries, contests, pyramid schemes or chain letters.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our standards relating to Your Content, set out below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, or other material which is malicious or technologically harmful.
You must also not attempt to gain unauthorised access to the Site, 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;
to collect or contribute money for or to control any account which is linked to another account that is engaged in any of these purposes.
Whenever you make use of a feature that allows you to upload material to the Site (including building a Shareagift page), or to make contact with other users of the Site, you must ensure that any such material, contributions or content (“Your Content”) does not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote or contain any sexually explicit material.
- Promote violence or any illegal activity;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person;
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Disclose the name, address, telephone, mobile or fax number, email address or any other personal data in respect of any person;
- Be in contempt of court;
- Be threatening, bullying, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that it emanates from us, if this is not the case;
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
- Contain any statement which you know or believe, or have reasonable grounds for believing, that members of the public to who, the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
- Contain any advertising or promote any services or web
By submitting Your Content to the Site, you agree to grant us a non-exclusive license to use Your Content. Although you will still own the copyright in your Content, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in Your Content. This license will be free of charge, perpetual and capable of sub-license. We may exercise all copyright and publicity rights in the material contained in Your Content in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.
Please also note that, in accordance with our Acceptable Use Standards you must ensure that Your Content does not infringe any copyright, database right or trade mark of any other person. By submitting Your Content to the Site, you are warranting that you have the right to grant us the non-exclusive copyright license described above.
If you are not in a position to grant such any such license you must not submit Your Content to the Site.
Your Content will be considered non-confidential.
We will not be responsible, or liable to any third party, for the content or accuracy of Your Content.
We have the right to remove Your Content (or any of it) if, in our opinion, such material does not comply with our Acceptable Use Standards. We have the right to disclose your identity to any third party who is claiming that Your Content constitutes a violation of their intellectual property rights, or of their right to privacy.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it, including Your Content. Copyright laws and treaties around the world protect those works. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site.
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 material on the Site must always be acknowledged.
You must not use any part of the materials on the Site for commercial purposes without obtaining a license to do so from our licensors or us. If you print off, copy or download any part of the Site in breach of these Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Accessing the Site
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Site.
Reliance on information posted
Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to or user of the Site, or by anyone who may be informed of any of its contents.
The Site changes regularly
We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site and any of its associated services, any part of the Site or its associated services, or we may close it indefinitely or cease the provision of the associated services indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Incentives and Bonuses
We may from time to time introduce incentive or bonus schemes (including a referral bonus), which are subject to the terms and conditions in force at that time for such schemes. We reserve the right to terminate any such incentive or bonus scheme at any time without notice to you.
The Site and the material displayed on the Site are provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- All liability for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
- Any liability for the acts or omissions of PayPal;
- Any liability for the use made by Page Creators of the funds collected on the Site and via our associated services;
- Any liability for any failures, interruptions, delays or other matters of a similar nature arising out of circumstances beyond our reasonable control;
- Any liability for any indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including:
- Loss of income or revenue;
- Loss of business;
- Loss of profits or contracts;
- Loss of anticipated savings;
- Loss of data;
- Loss of Your Content;
- Loss of goodwill;
- Wasted management or office time; and
- Whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Your Breach of these Terms and Conditions
If you fail to comply with or breach these Terms and Conditions (or we have reasonable grounds to believe that you have breached these Terms and Conditions), including our Acceptable Use Standards, we may take all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the Site and its associated services;
- Immediate, temporary or permanent removal of Your Content (or any of Your Content) from the Site;
- Issue of a warning to you;
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Further legal action against you.
- Disclosure of such information to law enforcement authorities or third parties as we reasonably feel is necessary.
Cancellation by You
If you are a Page Creator, you may end your use of the Site and/or its associated services at any time by contacting customer services at firstname.lastname@example.org. If you have any funds to collect, we will transfer all such funds (after deduction of our Administration Fee and the PayPal Fees) to your registered PayPal account prior to terminating your account. These Terms and Conditions shall continue to apply to any use you made of the Site and its associated services prior to your cancellation, termination or discontinuance of use of the Site. At present there is no method to delete a profile. If for any reason you want a profile deleted please contact customer services at email@example.com.
If you believe your password has been lost or stolen, please email us immediately at firstname.lastname@example.org.
Information about you and your visits to the Site
Linking to the Site
You may link to our home page or to a Page Creator’s page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.
The Site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on the Site other than that set out above, please address your request to email@example.com
Links from the Site
Where the Site contains links to other sites and resources provided by third parties or users, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.
These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Shareagift is a pending UK REGISTERED trademark of Shareagift Ltd.
If you have any concerns about material which appears on the Site or these Terms and Conditions please contact firstname.lastname@example.org