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Business Giving Terms

Version 11.12.19

If you need these Terms in a different format, please email us at theteam@virginmoneygiving.com. Alternatively, you can call us on 03456 01 10 45. We are open Monday to Friday 9.00 am to 5.30 pm. Calls will be charged at your service provider's prevailing rate.

Our Privacy Policy applies at all times. As the Privacy Policy explains, we may share personal information with Charities and other third parties. Please see the Privacy Policy for further details about the protection and processing of personal information.

The basics

1. These Terms apply to your use of the VMG website and your Donation. Your Donation is either one donation or lots of smaller ones that you make at the same time to a Charity or Charities made using the steps set out in these Terms.

2. You’ll need to accept these Terms every time you make a Donation. They may change every so often so it is a good idea to read them again whenever you make a Donation. If we change these Terms, we'll post them on the VMG website.

3. These Terms are between you and Virgin Money Giving Limited ("VMG"). When we say “you” or “your”, we mean:

  1. in the case of a partnership, the firm and the individual partners of the firm (in their separate capacities as partners and individuals); or
  2. in the case of a sole trader, the sole trader; or
  3. in the case of a limited liability partnership, the limited liability partnership; or
  4. in the case of a private or public limited company, the company.

4. When we say "Charity" or "Charities" we mean an organisation(s) with a community or charitable purpose or a charity(ies) registered in the UK that has signed up to VMG. You should contact them directly if you need more details about their status.

Making a Donation

5. To make a Donation:

  1. you'll need to complete the data file that we send to you and return it to us;
  2. we’ll then send you a confirmation document;
  3. you need to confirm the details in the confirmation document are correct;
  4. you then need to transfer the money to the bank details that we give to you; and
  5. when we receive the money, we'll hold it on trust for the Charity until we pay it to them every week in accordance with our agreement with them.

6. We won't process all or part of your Donation if it doesn’t match what we expected to receive or if we reasonably suspect that:

  1. you aren't permitted to use the VMG website under these Terms;
  2. it is illegal or is related to fraudulent activities;
  3. it hasn't been properly authorised; and/or
  4. the information isn't correct or is incomplete.

7. If we can't process all or part of your Donation properly because (i) we don’t have all of the information we need, (ii) we can’t pay it to the intended Charity or (iii) we reasonably feel that it's not appropriate to (for example, they've been deregistered by the Charity Commission), we'll try to send that part back to the bank account you paid from within five working days. If we can't do that, we'll contact you to arrange the return of that money. If we can't return it to you, we will:

  1. (if the part of your Donation was to a registered charity) notify the Charity Commission for England and Wales, the Office of the Scottish Charity Regulator, and/or the Charity Commission for Northern Ireland (as appropriate) and follow their directions in relation to that part of your Donation.
  2. (if the part of your Donation was not to a registered charity) donate that part to another charitable or community organisation that we choose.

8. If you make a mistake making a Donation, please contact us straightaway. If we've received the money, we'll try to return it to you but we won't be able to if we've already sent the money to the Charity or Charities. If that happens, you should contact them for help.

9. We can't guarantee how a Charity will use a donation. How they use a donation is at their discretion and it's their responsibility to ensure that any donations are used in accordance with any stated purpose or specific fundraising appeal. You should contact them if you want to find out more.

Keeping in touch

10. You can email us at theteam@virginmoneygiving.com

11. We will communicate with you and your representatives using the details that you’ve given us. If we have reason to believe that those details are not accurate, we may communicate with you in writing to your registered address.

12. We will only ever communicate with you in English.

Intellectual property

Information you share

13. You grant VMG royalty-free, non-exclusive, transferable license to use your trademarks, and all other materials (including associated intellectual property rights) that you provide to VMG, in connection with these Terms and other connected commercial or charitable activities.

Other information

14. VMG grants you a non-exclusive, worldwide licence to use its logo, graphics and other VMG images (excluding submitted content such as photographs), such use to be in accordance with the “VMG Brand Guidelines” (as found on the VMG website and updated from time to time) and any directions issued by VMG. VMG reserves the right to revoke this licence or amend the VMG Brand Guidelines at any time. All goodwill related to VMG’s logo and brand will at all times remain with, and remain property, of VMG.

15. We own or have permission to use all of the intellectual property rights on the VMG website and in the material published on them, including information, designs, graphics and their layout. If the material wasn’t provided by you, you need to get our written permission to use it for commercial purposes or to copy, reproduce or download it.

16. We provide information on the VMG website for general information only. It's not advice for you to rely on so you should consider getting professional or specialist advice before acting on it.

17. We don't check or approve any content or information on the VMG website that is created by other users and/or Charities so we don't take responsibility for it (although we'll remove or disable unlawful or offensive content if we become aware of it). The views expressed by other users and Charities are their own views so they won't always reflect our views and values.

18. The VMG website will sometimes link to other websites. We don't have control over those websites and we're not responsible for them (including their data policies, content, and security).

19. In relation to the use of each other’s intellectual property rights, each party shall, in respect of any action brought against the other party, indemnify the other party in respect of all loss, cost, damage or expense (including reasonable legal fees) suffered by that other party as a result of its use or possession of the materials, or intellectual property rights provided to it, that infringe any intellectual property rights or other rights of a third party, or are offensive, harmful or illegal.

Suspension of the VMG website

20. Subject to clause 31, VMG may, without liability to you, suspend the operation of the VMG website and the associated services that VMG provides in full or in part at any time for any reason (including repair or maintenance work, or in order to update or upgrade the contents or functionality of the VMG website). We will try to tell you in advance of a suspension, but this may not always be possible. VMG is not responsible to you for any loss you may suffer as a result of the suspension of the VMG website.

21. In addition, VMG reserves the right to withdraw the VMG website and/or the associated services that VMG provides from public access at any time, at its complete discretion. In the event that VMG intends to rely on this clause, it will use reasonable endeavours to notify you in advance.

Confidentiality

22. Information of a sensitive and confidential nature that you provide to us and we retain about you will not be disclosed to anyone other than:

  1. where we are legally required to disclose or have a public duty to disclose;
  2. where the disclosure is made with your consent;
  3. where the information is already in the public domain other than as a result of us breaching our confidentiality commitments to you; and/or
  4. to third parties to whom VMG are required to disclose this information in order for the VMG Services to be performed providing such third parties are subject to confidentiality provisions.

Data protection

Capitalised words in this clause which are not defined in these Terms shall have the meaning set out in the EU General Data Protection Regulation and any UK national implementing laws, regulations and secondary legislation, as updated from time to time ("the Data Protection Legislation").

23. VMG and you will comply with all applicable requirements of the Data Protection Legislation.

24. Each party is a separate Controller and sharing of Personal Data will be between the parties as separate Controllers.

Other important information

25. Our registered address is Jubilee House, Gosforth, Newcastle upon Tyne NE3 4PL. Our company number is 02733492.

26. English law applies to this agreement and any matters will be dealt with by the courts of England and Wales.

27. No one other than you and us will be able to enforce any part of these Terms.

28. Both parties shall comply with all applicable laws and regulations at all times, including but not limited to all laws relating to anti-bribery and anti-corruption including, but not limited to the Bribery Act 2010 (as amended from time to time).

29. We will not be responsible for any loss caused by our breach of these Terms where the circumstances giving rise to the breach were due to abnormal and unforeseeable circumstances beyond our reasonable control where the consequences would have been unavoidable despite all efforts to the contrary.

30. All reasonable care will be taken by VMG but you use the VMG website at your own risk. VMG isn’t responsible for loss or damage that you may suffer through use of the VMG website.

31. Nothing in these Terms excludes or limits your or our liability for fraud, or for death or personal injury arising from your negligence or that of your employees, agents or subcontractors, or for any other liability that cannot be lawfully excluded. Except for as set out in these Terms, in no event will either party be responsible for indirect losses which happen as a side effect of the main loss or damage, and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).

Complaints

32. If we don't deliver the standard of service you expect or if you think that we have made a mistake, please email us at theteam@virginmoneygiving.com We'll investigate and, if necessary, take action to put things right.