General terms and conditions of use for fundraisers and donors

Virgin Money Giving Limited, whose registered office is at Discovery House, Whiting Road, Norwich NR4 6EJ (registration no. 02733492 trading as Virgin Money Giving ("VMG"), operates the on-line donation service www.virginmoneygiving.com and other related systems and services (the "VMG Services"). These are the general Terms and Conditions which govern your use of the VMG Services.

The Donation and Event Fee Payment Terms and Conditions which apply to each donation or event fee payment that you make are separate to these General Terms and Conditions, and can be found below these General Terms and Conditions.

Please read these Terms and Conditions 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.

1. About Virgin Money Giving

Virgin Money Giving 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 organisation 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. 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. You should contact the charity directly to ensure the money raised will be applied to a specific purpose. 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. We do not monitor or control the charities’ activities.

3. Virgin Money Giving fees and payment process

You are not charged for using Virgin Money Giving services. All payments are to be made by payment card or a PayPal account. Please note that we do not accept payment by cash or cheques.

All charities pay a one off £100 fee to register with Virgin Money Giving and a 2% administration charge on all donations (excluding the Gift Aid element) and event fee payments to enable Virgin Money Giving to covers its costs. Virgin Money Giving does not charge an administration fee for the collection of Gift Aid on behalf of the charities.

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 monthly.

4. Gift Aid information

When you donate to a charity using the VMG services and confirm that you are eligible for Gift Aid and wish us to claim it on behalf of the charity, 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

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. Unauthorised card use

If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider.

7. Refunds

It is not VMG’s policy to carry out refunds, and you should always contact the charity regarding refunds.

8. Your personal details and Virgin Money Giving Privacy Policy

8.1 We won’t share your personal details with any third party other than is set out in our Privacy Policy. In particular, we will pass your details to charities to allow them to administer your fundraising and donating activities and to Virgin Money Personal Financial Service Ltd to fulfil legal obligations in relation to the payment services that we carry out on its behalf.
8.2 Our Privacy Policy forms part of these terms and conditions. By agreeing to these terms and conditions you also agree to the way we use and protect your personal information. Virgin Money Giving is PCI certified and aims at all times to act in compliance with all relevant data protection legislation.

9. Use of the site

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:
9.1 break any law or encourage an illegal act.
9.2 be defamatory, abusive or offensive.
9.3 infringe the copyright, privacy, confidentiality or other right of any third party. If you use someone else’s material or image, you must get the appropriate permission.
9.4 contain surveys, raffles, lotteries, contests, pyramid schemes, advertisements or chain letters.
9.5 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.

We do not actively edit the Virgin Money Giving website but we reserve the right to remove or edit any content posted. If you notice any content that breaks these conduct rules, please notify us.

9.6 Other than on your own personal fundraising page, you must not remove or change anything on the Virgin Money Giving website.
9.7 In addition, it is not permitted to:

• 9.7.1 impersonate someone else or pretend to be associated with something when you are not.
• 9.7.2 use the Virgin Money Giving website to send junk emails or 'spam' to people who do not want to receive email from you.

9.8 Building a personal fundraising page in aid of a charity in no way implies our or the charity's endorsement of your fundraising activity. Some charities disapprove of, and do not wish to be involved in, dangerous sports or unusual challenges. We advise you check with the charity first that your chosen activity is acceptable. We reserve the right to cancel your personal fundraising page at the request of the charity or at our own discretion.

10. Links from this site to other sites

Please be aware that our site may provide access to other web sites by linking to them. We are not responsible for the data policies (including data protection and cookies), content or security of these linked web sites.

11. Sharing your content and information

11.1. 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.
11.2. You own all of the content and information you post on the Virgin Money Giving website. In order for VMG to use certain types of content and provide you with the VMG Services, you agree to the following:

• 11.2.1. 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 Virgin Money Giving ("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).
• 11.2.2. 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).

12. Changes to the service

We will make every effort to ensure that the website and the Virgin Money Giving service 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.

13. Failure to comply with these terms and conditions

If you break these terms and conditions we reserve the right, at our sole discretion, with or without notice:
13.1. to delete any content and
13.2. to prohibit you from using all or part of the Virgin Money Giving service.

14. Disclaimer and limitation of liability

You use Virgin Money Giving at your own risk. We are not liable for any loss or damage which you may suffer through the use of Virgin Money Giving.

15. Governing law

These Terms and Conditions are governed by English law and are subject to the exclusive jurisdiction of the English courts.

Virgin Money Giving Limited, whose registered office is at Discovery House, Whiting Road, Norwich, NR4 6EJ (registration no. 02733492) trading as Virgin Money Giving operates www.virginmoneygiving.com

Virgin Money Giving Limited (referred to as VMG, us or we), operates the website www.virginmoneygiving.com and other related systems and services. These are the Terms and Conditions which govern each use you make of the payment services provided through that website.

Please read these Terms and Conditions carefully. We will occasionally change them and so it's a good idea to come back and read through them again regularly to stay up to date.

These Terms and Conditions apply separately to each single donation or event fee payment that you make. Except as provided for in Section 13 (Regular Donations), they do not form a contract allowing for future or successive transactions to be set up. By confirming on the VMG website that you wish to make a donation or event fee payment you agree to be bound by these Terms and Conditions for that transaction.

1. About us

1.1 VMG is providing the services outlined in these Terms and Conditions (known as the Payment Services) to you on behalf of Virgin Money Personal Financial Service Limited (abbreviated to VMPFS). VMPFS accepts responsibility to you for the Payment Service provided by VMG, but VMPFS’ responsibility to you will only extend to the extent of VMG’s responsibility set out in these Terms and Conditions.
1.2 VMPFS is authorised and regulated by the Financial Services Authority (contactable at 25 The North Colonnade, Canary Wharf, London, E14 5HS) and entered on the FSA’s Register (www.fsa.gov.uk/register/) with Register Number 179271. The rules applied to VMPFS by the FSA are set out in the FSA Handbook (www.fsa.gov.uk/Pages/handbook/) VMPFS’ registered office is at Discovery House, Whiting Road, Norwich, NR4 6EJ.
1.3 The Payment Services are regulated by the FSA and VMPFS is entitled to provide them (through VMG) under regulation 122 of the Payment Services Regulations 2009.

2. The payment services

2.1 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.
2.2 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.
2.3 Once we have received cleared funds from you we will make sure that they are immediately allocated to the selected charity on our systems on the same day.
2.4 We can only accept responsibility to you for a donation or event fee payment reaching the charity 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.

3. Event fees

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.

4. Gift Aid

Further information on how Gift Aid can be claimed on your donations can be found at www.hmrc.gov.uk/charities/gift_aid/. Gift Aid cannot be claimed on event fee payments as these are not ‘gifts’.

5. Information you need to provide to us

5.1 Before we can process a donation or event fee payment, you must provide us with correct details of the following:

• 5.1.1 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);
• 5.1.2 your name and address; and
• 5.1.3 details of the credit or debit card or PayPal account that you wish to use to fund the donation or event fee payment.

6. Consent and execution

6.1 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 we receive to the selected charity. You are unable to revoke this authorisation (for information on revoking authorisation for future regular donations, please see Section 13).
6.2 We may refuse to process a transaction for you if we are not reasonably satisfied that:

• 6.2.1 you are permitted to use the VMG website under the General Terms and Conditions.
• 6.2.2 the transaction is legal and not related to fraudulent activities.
• 6.2.3 the transaction has been properly authorised; or
• 6.2.4 the information we are basing a transaction on is correct and complete.

7. Charges, currency and interest

7.1 You will not need to pay us for the Payment Services. The charities will contribute a small proportion of what they receive to us to help cover our costs.
7.2 We will only process your donation or event fee payment in pounds sterling, and interest will not accrue or be payable on funds that we hold or process for you.

8. 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 that your transaction is authorised. We will keep records of your transaction for at least seven years.

9. Incorrectly executed and unauthorised transactions

9.1 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 promptly (at the latest within 13 months of the transaction date) about 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.
9.2 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 and Conditions. 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.
9.3 We will also refund a payment made from the funds that we hold for you if you tell us that it was unauthorised and, having investigated it, we are reasonably satisfied that this is correct and that you are not responsible. You will be responsible for unauthorised transactions where you (or anyone authorised by you) act fraudulently, with intent, or very carelessly.
9.4 We will not refund a payment to you in accordance with this Section 9 if you do not inform us of it in time (in accordance with Section 9.1), or in the circumstances described in Section 11, or where you are entitled to recourse through your credit or debit card provider.
9.5 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.

10. Cancellation and refunds

You will only be able to cancel a donation or event fee payment if you contact us within 24 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 will be unable to cancel it (or refund the money) as the money will belong to the charity at that stage. 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.

11. Service interruptions and failures

Occasionally, the Payment Services may be interrupted or caused to fail by abnormal and unforeseeable circumstances beyond our control, or where we need to act in a particular way to comply with the law. We will not be responsible to you for the consequences of such events where they were unavoidable despite all our efforts to the contrary.

12. Complaints and redress

If we do not deliver the standard of Payment Services you expect, or if you think that we have made a mistake, please contact us. The situation will be investigated and, if necessary, action will be taken to put matters right. If you remain dissatisfied and would like further information about the process for resolving complaints, please ask for a copy of our complaints procedure. You may in some circumstances be able to refer your complaint to the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR.

13. Regular donations

13.1 Only where you set up a regular donation to a charity will these Terms and Conditions 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 and Conditions will apply to each of the donations in that series with the addition of the other provisions set out in this Section 13.
13.2 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.
13.3 After setting up a regular donation, you may cancel the regular 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.
13.4 For further information on the use of your online account, please visit the Help section of the VMG website and the General Terms and Conditions. These will provide you with details of how to access, and keep secure, your online account.
13.5 There will be circumstances that require us to vary these Terms and Conditions and/or the General Terms and Conditions (so far as they refer to your regular payments), in which case we will contact you by email if you have ongoing regular donations set up. The revised provisions will not come into effect in relation to regular payments that you have already set up until two months after we inform you of the variation. You will be deemed to have accepted a variation unless you tell us otherwise before it comes into effect. If you do not wish to accept a variation, you may cancel your regular donations in advance of the variation coming into effect as is outlined in Section 13.3.

14. General

14.1 These Terms and Conditions are issued and concluded in English. Communications between VMG and you will be in English and will generally be conducted by letter, phone or email using the most recent details that you have provided to us. If you wish to contact us, please write to the address set out at the end of these Terms and Conditions, call us on 08456 101 046 or email us at theteam@virginmoneygiving.com these Terms and Conditions are only intended to be enforceable by you, VMG and VMPFS.
14.2 We may amend these Terms and Conditions at any time. The current version will always be on the VMG website – we can provide previous versions that applied to you upon request.
14.3 These Terms and Conditions 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.

Virgin Money Giving Limited (Company No. 02733492) has its registered office at Discovery House, Whiting Road, Norwich, NR4 6EJ.

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