General terms and conditions of use for fundraisers and donors
Please read these terms of service carefully. They may change from time-to-time so it's a good idea to come back and read through them again regularly to stay up to date. Changes will take effect when posted on this website and will govern any future usage by you of our website and its associated services.
1. About Virgin Money Giving
Virgin Money Giving Limited, whose registered office is at Jubilee House, Gosforth, Newcastle upon Tyne, NE3 4PL (registration no. 02733492 trading as Virgin Money Giving (referred to as 'VMG', 'us' or 'we'), operates the online donation service www.virginmoneygiving.com and other related systems and services including the VMG mobile application (together the "VMG Services"). These are the terms of service which govern your use of the VMG Services.
1.1. VMG allows you to raise funds for, pay event fees to, and donate to, any of the charities and organisations registered with us. Each of these organisations has authorised us to collect donations, event fees and, where permissible, reclaim Gift Aid for them under the Gift Aid scheme. Charities and organisations are accepted as members at our discretion.
2. Use of your donation
Please note that the charity, organisation or individual you are donating or paying event fees to will use your donation or payment at their discretion, but within their stated objectives. Charities will endeavour to apply your funds to your specified purpose or specific fundraising appeal. However, this is not guaranteed and it is your responsibility to ensure that the charity is able to channel the money you raised for a specific appeal or stated purpose, prior to any fundraising taking place. It is your responsibility to contact the charity directly to ensure the money raised will be applied to a specific purpose or fundraising appeal. In the event that this dialogue has not taken place, the charity is entitled to allocate the funds raised wherever the need is greatest in furtherance of its charitable objectives. As we do not monitor or control the charities’ or organisations’ activities, we shall not be responsible for the use or non-use of any donation or payment that you make through VMG Services.
3. Virgin Money Giving fees and payment process
3.1. You are not charged for using VMG Services. All payments are to be made by payment card (e.g. a debit card or credit card) or a PayPal account in pounds sterling. Please note that we do not accept payment by cash or cheques.
3.2. All charities pay a one off £150 fee to register with VMG, a 2% transaction fee on all donations (excluding the Gift Aid element) and event fee payments to enable VMG to cover its costs. A processing fee to cover costs incurred by VMG in processing donations (which will vary depending on the card type used or payment mechanism used) is also made. Details of the processing fees for charities are set out at http://uk.virginmoneygiving.com/giving/about-us/fees.jsp VMG does not charge an administration fee for the collection of Gift Aid on behalf of the charities.
3.3. We have arrangements in place with the charities which mean that donations and event fee payments are transferred to their banks weekly, with the Gift Aid being transferred when received from HMRC.
4. Gift Aid information
When you donate to a charity using the VMG Services and confirm that you are a UK taxpayer and eligible for Gift Aid and wish us to claim it on behalf of the charity under the Gift Aid scheme, we will submit a request to HMRC to do so accordingly. It is your responsibility to ascertain whether you qualify for Gift Aid entitlement. If you have any doubts we strongly recommend you seek advice from your own adviser(s) or HMRC.
5. Accessing the online services and protecting your password
5.1. If you choose to register you will be asked to choose a password to protect your secure account. You should keep your password secret. If any of your login details are lost, stolen, misused, used without authorisation, or you believe that they may have become known to another person, you must immediately contact us so that we can issue you with new login details. There may be times when our online services are temporarily unavailable. This most regularly occurs because of planned maintenance. We may also suspend your access to the online services if we suspect that your security or login details are being misused. We will try to inform you in advance of any such suspension arising either through a general notice on our website or in an email or call to you (as is appropriate), but this may not always be practicable. Donors may choose to register, but are not obliged to register to use the website in order to make a donation to a fundraiser.
6. Use of the website
6.1. VMG, as operator of the VMG website, acts as an intermediary between charities and the individual users of the VMG Services. VMG does not take responsibility for any user-generated content or information displayed on the VMG Services. If VMG has knowledge of any unlawful or offensive activity or information on the VMG Services, VMG shall remove or disable access to this information. You agree that the content posted by you will not:
- 6.1.1. break any law or encourage an illegal act.
- 6.1.2. be defamatory, abusive or offensive.
- 6.1.3. infringe the copyright, privacy, confidentiality or other right of any third party. If you use someone else’s personal information, material or image, you must make sure you have their permission.
- 6.1.4. contain surveys, raffles, lotteries, contests, pyramid schemes, advertisements or chain letters.
- 6.1.5. contain software viruses or any other computer code, files or programs designed to affect the use of any computer software or hardware or telecommunications equipment.
6.3. Other than on your own personal fundraising page, you must not remove or change anything on the VMG website. In addition, it is not permitted to:
- 6.3.1. impersonate someone else, or pretend to be associated with something when you are not.
- 6.3.2. use the VMG website to send junk email or 'spam'.
7. Links from this website to other websites
Please be aware that the VMG website may provide access to other websites by linking to them. We are not responsible for the data policies (including data protection and cookies), content, or security of these linked websites.
8. Sharing your content and information
8.1. All information and materials (including designs, text, graphics and their selection and arrangement) on this website are the copyright of VMG or our content providers. No information or material on this website may be copied, reproduced or downloaded without our express permission in writing.
8.2. You own all of the content and information you post on the VMG website. In order for VMG to use certain types of content and provide you with the VMG Services, you agree to the following:
- 8.2.1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically grant VMG a non-exclusive, royalty-free, worldwide perpetual licence (which we could transfer or sub-licence) to use any IP content that you post on or in connection with VMG ("IP Licence"). You can terminate this licence by contacting us when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).
- 8.2.2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
10. Changes to the service
We will make every effort to ensure that the website and the VMG Services are available continuously, but we reserve the right to change, suspend or discontinue all or any part at any time with or without notice. We cannot guarantee uninterrupted access to the website and we do not guarantee its operation or availability.
11. Your donation or event fee payment
11.1. The details of any donation or event fee payment will be displayed to you on the VMG website before it is processed. If you wish to correct an error you can do this by following the on screen directions before proceeding.
11.2. As soon as you confirm to us through the VMG website that you wish to proceed with your donation or event fee payment we will process the transaction by requesting funds from your credit or debit card provider or PayPal account. Once your credit or debit card provider or PayPal approves the transaction we will proceed to the next stage.
11.3. Once we have received cleared funds from you we will make sure that they are allocated to the selected charity or charities on our systems.
11.4. We can only accept responsibility to you for a donation or event fee payment reaching the charity or charities once we have received the funds from your credit or debit card provider or PayPal account. It is your credit or debit card provider’s or PayPal’s responsibility to make sure that the funds reach us.
11.5. If we are unable to make payment or we feel that it is not appropriate to pass on a donation to your selected charity (for example, if the charity is de-registered by the Charity Commission or the Office of the Scottish Charity Regulator, or has a sanction listed against it) then we will contact you to arrange the return of the donation or payment to you in full. If we are unable to contact you then VMG, at its discretion, will select an appropriate, alternative charity to pass the donation or payment to.
12. Your Event
Where you choose to pay an event fee through us, the charity that runs the event will set the rules of the event and arrange your event entry once it has received payment. Your contract for the event entry will be with the charity. If you have any queries regarding an event, or your entry to it, please contact the relevant charity directly. For the avoidance of doubt, VMG is in no way responsible for the event, this is the sole responsibility of the charity.
13. Information you need to provide to us
13.1. Before we can process a donation or event fee payment, you must provide us with correct details of the following:
- 13.1.1. the recipient charity (this will often be pre-selected for you if you choose to make a donation or event fee payment through a part of the VMG website that is designated to that charity). As some charities can have similar names, it is your responsibility to check that you are actually donating to your chosen charity;
- 13.1.2. your name and address; and
- 13.1.3. details of the credit or debit card or PayPal account that you wish to use to fund the donation or fee payment.
13.3. We require that you are aged 13 or above to register as a fundraiser on the VMG website and use the VMG Services. However, if you are below the age of 13, you are still able to register on the VMG website as a fundraiser, providing you have a parent or guardian to confirm your registration on your behalf.
14. Consent and execution
14.1. By confirming that you wish to proceed with your donation or event fee payment you authorise us to request funds from your credit or debit card provider or PayPal account, and to pass the funds (less any transaction fee and processing fee (see condition 3.2)) we receive to the selected charity. You are unable to revoke this authorisation (for information on revoking authorisation for future regular donations, please see condition 19).
14.2. We will refuse to process a transaction for you (such as stopping a donation or event fee payment) if we are not reasonably satisfied that:
- 14.2.1. You are permitted to use the VMG website under these terms of service.
- 14.2.2. the transaction is legal and not related to fraudulent activities.
- 14.2.3. the transaction has been properly authorised; or
- 14.2.4. the information we are basing a transaction on is correct and complete.
15. Transaction information
We will display a message on the VMG website and send you an email confirming the details of the transaction that you have asked us to process for you as soon as we receive confirmation from your credit or debit card provider, or PayPal account, that your transaction is authorised. We will keep records of your transaction for at least seven years.
16. Incorrectly executed and unauthorised transactions
16.1. You should check the transaction confirmation that we make available to you, and your credit or debit card statements or PayPal account statement, to ensure that each transaction is correctly recorded and authorised. If you notice any incorrect or unauthorised transaction you must tell us and/or your credit or debit card provider or PayPal. If you do not tell us on becoming aware of an incorrect or unauthorised transaction, you may not be entitled to have the problem corrected by us – if you do tell us in time the rights set out below will apply.
16.2. We are responsible for requesting the correct funds from your credit or debit card provider or PayPal account, and allocating the funds we receive to the correct charity, in accordance with these terms of service. Where we have received funds to make a payment for you, we will refund that payment (or for an overpayment, refund the excess) to you if it is not made properly by us or was never allocated to the correct charity, unless there is a mistake in the payment instructions you gave us.
16.3. We will not refund a payment to you in accordance with this condition 16 if you do not inform us of it in time (in accordance with condition 16.1), or in the circumstances described in condition 17, or where you are entitled to recourse through your credit or debit card provider.
16.4. You may have rights against your card issuer or PayPal to have funds repaid to you if incorrect or unauthorised use is made of your credit or debit card or PayPal account – please contact them for details.
17. Cancellations and refunds
You will only be able to cancel a donation or event fee payment if you contact us within 48 hours after you authorise it on the VMG website. If we receive a cancellation request from you after the donation or event fee payment has been allocated to the selected charity, we may be unable to cancel it (or refund the money) as the donation or event fee will be on its way to the charity at that stage. Once the charity has received the donation or event fee, you will need to contact the charity directly if you wish to make a refund request. Where we do cancel a payment for you, we may charge you for the costs that we have incurred in processing your payment.
18. Fraudulent or unauthorised card use
When a donation is made on the VMG website, the transaction is final and not disputable unless unauthorised use of your payment card is proved. If you become aware of fraudulent or unauthorised use of your card, or if it is lost or stolen, you must notify your card provider.
19. Regular donations
19.1. Only where you set up a regular donation to a charity will these terms of service apply to successive donations made through the VMG website. Where you do set up a regular donation you will be scheduling a series of donations to be made on the day of the month that you choose until further notice and you agree that these terms of service will apply to each of the donations in that series with the addition of the other provisions set out in this condition 19.
19.2. By confirming that you wish to proceed with a regular donation you authorise us to request funds from your credit or debit card provider on the day of the month you set.
19.3. After setting up a regular donation or successive regular donations, you may cancel any donation up until 5pm on the business day before the next donation is due through your online account. This will cancel all future regular donations through your online account.
19.4. For further information on the use of your online account, please visit the Help section of the VMG website. This will provide you with details of how to access, and keep secure, your online account.
20. Failure to comply with these terms of service
If you break these terms of service we reserve the right, at our sole discretion, with or without notice:
20.1. to delete any content and
20.2. to prohibit you from using all or part of the VMG Services.
21. Disclaimer and limitation of liability
You use VMG at your own risk. We are not liable for any loss or damage which you may suffer through the use of VMG.
22. Complaints and redress
If we do not deliver the standard of service you expect, or if you think that we have made a mistake, please contact us on 03456 09 10 46 or email us at email@example.com. The situation will be investigated and, if necessary, action will be taken to put matters right.
23.1. If you wish to contact us, please write to the address set out at the end of these terms of service, call us on 03456 09 10 46 or email us at firstname.lastname@example.org .
23.2. We may amend these terms of service at any time. The current version will always be on the VMG website – we can provide previous versions that applied to you upon request.
23.3. These terms of service and any non-contractual obligations arising in connection with them are governed by English law, and any related court proceedings must be brought within the United Kingdom.
24. Third party rights
A person who is not a party to these terms of service has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms of service. Virgin Money Giving Limited (Company No. 02733492) has its registered office at Jubilee House, Gosforth, Newcastle upon Tyne, NE3 4PL.