The Terms of Website Use describe what the Website does for individuals who would like to help others, for the Charities, the Charities’ Beneficiaries and other Persons in Need. Getting financial help has never been so intuitive, trustworthy, secure and completely free of charge. We give you, as the user of the Website, great tool to support persons in need and we kindly request that you in return follow the rules of the Website, which are described below.
Donor: means any User who has donated to the Charity’s campaign, Charity’s Beneficiary campaign, Fundraiser’s campaign or other’s person in need campaign, nominated by himself, by using the service provided by the Website.
Donation: means the cash donated by the Donor to Charity’s campaign, Charity’s Beneficiary campaign, Fundraiser’s campaign or other’s person in need campaign, nominated by himself, by using the service provided by the Website.
Charity: means a charity registered with the Charity Commission, with an active Website account.
Charity’s beneficiary: means any User who is the beneficiary of a specific Charity, who needs specific assistance and associated support and who had his campaign authorised on the Website by this specific Charity.
Person in need: means any User who is not the beneficiary of the specific Charity, but still needs the specific help and all the necessary material and non-material support.
Those in Need: means Charities or Charity Beneficiaries or Persons in Need.
Fundraiser: means any User, who is not the Charity or the Charity Beneficiary or Person in Need, and carrying on a Campaign for the Charity or the Charity Beneficiary or Person in Need.
The Campaign: means the organised collection of cash, conducted by any User, via the Website.
The Campaign Authorisation: means the authorisation by the Charity of a campaign instigated by a Person in Need or Fundraiser the consequence of which is that the campaign is considered by the Company to be that of the Charity. The Person in Need will be treated as a Charity Beneficiary and all funds collected as a result of the campaign will be disbursed directly to the Charity which shall bear responsibility for transferring such funds to the Person in Need. The Fundraiser will be treated as a Charity Beneficiary and all funds collected as a result of the campaign will be disbursed directly to the Charity and shall be for the sole benefit of the Charity.
The Website: enables the Users to make donations to a campaign nominated by themselves according to the Terms of Website Use. The Website is completely free of charge for Donors, Charities, Charities’ Beneficiaries, Persons in Need and Fundraisers. We don’t earn money from Those in Need and we will never do! All the money donated is always transferred from the Donor to the Charity, the Charity’s Beneficiary, other Person in Need or Fundraiser without any service fee.
User: means anyone who uses the Website with or without opening a user’s account.
VAT: means value added tax chargeable under the Value Added Tax Act 1994.
If you use the Website please remember that it is for everyone. We will be obligated to remove all offensive, obscene or racist content immediately that content is discovered or this kind of abuse is reported by other users. If you engage in this kind of behaviour your account may be suspended or deregistered.
Thank you for accessing http://www.1step2be.com (the “Website”). Please read these terms and conditions (the “Terms”) before using our site which is operated by SUPPORT PEN-Y-BONT Limited (registered number 05932733), whose registered office is at 4 Kestrel Close, Bridgend Industrial Estate, Bridgend, Wales, CF31 3RW (“the Company”).
If you are a Charity and you accept and agree to these Website Terms, please ensure that you indicate this on the registration form www.1step2be.com/charities in the required tick box. You will then be sent further terms and conditions governing our direct relationship with you. If you have any doubts or questions relating our future cooperation please do not hesitate to contact us at email@example.com. We will be glad to assistance you in any matter.
If you are a Donor or a Person in Need or a Fundraiser and wish to contact the Company at any time, please e-mail us at firstname.lastname@example.org. If you are a Charity and wish to contact the Company at any time, please use one of the following email addresses dedicated especially for you: email@example.com.
All your submissions or complaints will be processed immediately after all the necessary verification checks are done.
The trade information set out on this Website does not constitute an offer in civil law to enter into an agreement.
By using the Website, you signify your acceptance of the Terms in consideration of which the Company provides you with access. From time to time the Company may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website. If at any time you do not wish to accept the Terms, you may not use the Website.
If you are a User and want to make a donation using this Website, you will be obliged to choose a campaign on the Website where the money raised by you will be transferred to. If you decide to transfer the money raised to other’s person in need campaign or Fundraiser’s campaign you will be classified, in the Website’s understanding, as a Donor and the money transferred by you will be classified as a donation. You can also nominate your own campaign as a recipient of the money raised by you, only if you have created your own campaign and it is still active on the Website according to Terms of Website Use. In this option you will not be classified, in the Website’s understanding, as a Donor and the money transferred by you will not be classified as a donation. Very rarely it could happen that the Charity or the Charity’s beneficiary or other Person in Need or Fundraiser who created the specific campaign does not pass identity verification or other necessary check, or because of some other reason we can’t transfer them the funds raised. If this happens to a specific campaign you have donated the funds to, we’ll email you to let you know that your funds donation will be sent to another Charity which is located nearest to you and for which a campaign is active at that point in time.
Please be aware that the campaign you have declared to support is only the campaign suggested by you. The funds donated by you will be transferred to your user’s account on the Website and only then will be passed on in full to a campaign of your choice.
USE OF YOUR DONATION
The Company does not guarantee that the funds donations transferred to other Those in need or a Fundraiser will be used for the particular purpose of the Campaign and the Company shall not be responsible for any dissatisfaction or potential claim you may have relating to the Charity, the Charity’s Beneficiary, other Person in Need or Fundraiser as the recipient of the funds donation. The Company makes no representation regarding the way in which the Charity, the Charity’s Beneficiary, other Person in Need or Fundraiser will use your funds donation. The Website is only the place of your monetisation of textiles request submission and your funds raised transfer. Once the funds donations are transferred, all further dealings are directly between the Donor and Those in Need who were donated the funds for those specific goals.
The Company will do its very best to verify the identity of a campaign’s creator and undertake any other necessary checks before any funds raised are transferred to the Charity, the Charity’s beneficiary, other Person in Need or Fundraiser. The Company shall have no liability to Donors whatsoever for any use or misuse of the funds donations made to Those in Need. It is the Donor’s responsibility, as a user of the Website, to ensure that the campaign’s goal he supports is the only one that other Those in Need will use the funds for.
If you are a Charity, a Charity’s beneficiary, other Person in Need or Fundraiser and want to create your own campaign please ensure that any information you provide and share on the Website is accurate and not misleading
If you are a Person in Need or a Fundraiser you may apply for your campaign authorisation to the specific Charity. The Campaign Authorisation is always given by the specific Charity and it will result, in the Website understanding, in you being a beneficiary of the Charity. It may help you to authenticate your personal campaign goal and to gather more funds donations.
The Charity is obliged to exercise control over each and every single campaign it has created or authorised. Accordingly, the Charity is obliged to verify the Campaign’s content, particularly the description, images, videos, the Campaign’s goal etc. so the Donor will be sure that everything is completely true and trustworthy. The Company may, at its sole discretion, evaluate your campaign and decide whether or not to host it on its Website.
All funds raised by the Charity either through a Campaign of its own or through an authorised Campaign will be paid to a beneficiary directly by the Charity, on conditions set out in key information of the campaign authorisation.
The Company will do its very best to verify the details of any Campaign, the Charity or its beneficiary or Person in Need or Fundraiser stated and payment of the funds raised will only take place once these verifications have been completed. Please note that if you have already started your own Campaign there will be no option to remove or to amend the most important details of the Campaign: short description, the funds submitted for and the purpose of the Campaign. At the same time you will have the ability to make any amendmentof such elements of your Campaign as: full description, pictures and movies. In the event your Campaign is still active, but you have raised 100% of the funds you submitted for in the moment of creating the Campaign, then you have the right to end the Campaign before its expiration time and get the payment of the funds raised. In the event your Campaign is going to be expired soon but you have not raised 100% of the funds you submitted for in the moment of creating the Campaign, then you have the right to extend the duration time of a Campaign for next 14 days or 30 days – we will inform you about this ability by e-mail 7 days before your scheduled expiration date of your Campaign. In the event you have raised 100% of the funds you submitted for in the moment of creating the Campaign and the Campaign has been expired, then you have no right to extend the duration time of a Campaign.
The specific campaign goal is always listed on our Website, however we cannot accept responsibility for the activities of the campaign creators.
The Company shall remove any abusive, untrue or misleading content and the Company reserves the right to block your User account and to suspend your access or to remove your campaign without notice. Please be also aware that you are the only one who takes the full responsibility for any content of your own campaign and everything you share with other users.
If you are the User you can always add your own comment to yours or other User’s campaign. If you use offensive, obscene or racist content please be aware that you are the only one who takes the full responsibility for this action. In this case the Company reserves the right to block your User account and to suspend its access and remove your comment without any notice.
THE DURATION TIME OF THE CAMPAIGN
The Charity has the option to create its own campaign for its statutory purposes or for its Beneficiaries purposes either for a fixed period of time and for indefinite period of time. At the same time the Charity has unlimited ability to amend the campaign’s duration time in any moment.
The Person in need or the Fundraiser has the option to create its own campaign for fixed period of time only, which duration time is set by the User and is determined on 7 days at least, but no more than 3 months.The period of time will not be changed for an indefinite period, even if a Person in Need or a Fundraiser obtains its own campaign authorisation from the specific Charity.
In the event that the terms of service between the Company and a Charity are terminated, Campaigns with an expiration date ending later than the date of termination shall terminate on the last day of the termination period. If there will be a termination of the agreement between our company and the specific Charity than the Charity can set the expiration time of its new campaigns at the latest on the last day of the agreement’s notice period. Other campaigns’ expiration time, with their expiration time during the agreement’s notice period, will expire on the set date.
If there is a termination of the agreement between our company and the specific Charity and you are a Person in Need or a Fundraiser who wants to get your own campaign authorised by this specific Charity then you can set your campaign expiration time at the latest on the last day of the agreement’s notice period between our company and this specific Charity.
THE PAYMENT OF THE FUNDS RAISED
The Company always transfers to the Charity, Charity Beneficiary or other Person in Need 100% of the funds donation, donated by the Donor. The money received by the Company is always placed into a separate bank account and passed on in full to a campaign nominated by the User, by using the service provided by the Website, according the Terms of Website Use.
All funds raised during a Campaign are paid directly to the Charity or to a Person in Need or to a Fundraiser into a bank account specified by the Charity or a Person in Need or a Fundraiser. The Charity or a Person in Need or a Fundraiser agrees to receive the amount of the funds raised into a bank account specified by the Charity or a Person in need or a Fundraiser and to cover all of the bank fees and transfer fees, which may occur due to the payment of the funds raised. If the amount to be paid is less than £1, the Company reserves the right to withhold the payment of the funds raised. At the same time the Company reserves the right to transfer, once a year, the joint amount of the funds raised in all expired campaigns in the Website, with the funds raised under £1, into the bank account of the Charity selected by itself.
If you are a Person in need or a Fundraiser please remember that your responsibility is to determine which taxes apply to the payment of the funds raised received by you. It is only your responsibility to gather the relevant information regarding to tax matters, which may occur and to comply with the applicable law.
Funds will only be paid to the designated bank account of the Charity or a Person in Need or a Fundraiser. Payments will not be made to any other person or into any other bank account. You are responsible for ensuring that the Company has the correct details otherwise payment could be delayed.
In the event the Charity conducts its own Campaign or its Beneficiary’s Campaign, which was set for an indefinite period of time, then the payment of the funds raised will be made into the designated bank account of the Charity on the 10th day of each month in the month following the month in which the Charity conducted the Campaign. In the event the Charity ends its Campaign or its Beneficiary’s Campaign, which was set for the fixed period of time, then the payment of the funds raised will be made into the designated bank account of the Charity immediately after the Campaign is expired and all the necessary checks are completed.
If you are a Person in Need or a Fundraiser and you end your Campaign, we will make the transfer of the funds raised into the designated bank account of the Person in Need or Fundraiser immediately after the Campaign is expired and all the necessary checks are completed.
The Charity or the Charity’s Beneficiary or a Person in Need or a Fundraiser has the right to end its Campaign before its expiration time, only in the event the Campaign was created for a fixed period of time and 100% of the funds, submitted for at the time of creating the campaign, were raised.
If you are the Charity’s beneficiary, all the funds raised are transferred directly into the specific Charity’s bank account and the Charity shall settle all the funds raised with you according to its own rules.
If you are a Person in Need or a Fundraiser and you have not had your Campaign authorised by a Charity, all the funds raised will be transferred directly into your designated bank account. Prior to making the payment you will be required to sign a statement regarding the payment of funds verifying the information you provided us with at the time of creating your Campaign regarding the purpose of the Campaign. If we don’t receive your statement immediately after your Campaign has expired, the payment will be delayed. In the event we don’t receive your statement at the latest within 12 months from the moment of your Campaign expiration time, the Company reserves the right to transfer the funds raised in your Campaign into the bank account of the Charity selected by itself.
While the Company has endeavoured to ensure the accuracy of the information accessed via the Website, the Company does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website. The Company therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website.
LINKS TO THE WEBSITE
Websites or pages to which the Website is linked are for information only and have not been reviewed by the Company. The Company has no responsibility for the content of the websites or pages linked or linking to this website, and the Company accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked websites.
The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trade marks and other material (“Content”) is protected by copyrights, trade marks and/or other proprietary rights. The Content includes both content owned or controlled by the Company and content owned or controlled by third parties and licensed to the Company. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all additional copyright notices or restrictions contained in the Website. You may not use any of the Company’s trade marks or trade names without the Company‘s consent and you acknowledge that you have no ownership rights in and to any of those names and marks. You agree to notify the Company in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party. Users may upload their own trade names, trade marks, logos or other proprietary information to the Website but these are purely for visual and informative purposes.
LICENCE AND DOWNLOAD RIGHTS
Access to the Website is provided on a temporary basis and you acknowledge that you acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. If you are provided with a user identification code, password or other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any user identification code or password if in our opinion you have failed to comply with any of the Terms.
Other than as set out in this section (or provided by applicable law) you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload, create derivative works from, transmit, or in any other way exploit any part of the Website.
Download is permitted by the Company provided only that:
The copies downloaded are solely for the purpose of advertising the Campaign for a Charity, Charity Beneficiary, other Person in Need or Fundraiser and promoting the Website to existing and future Users;
such downloaded and/or printed materials are used solely for the purpose of advertising the Campaign for a Charity, Charity Beneficiary, other Person in Need or Fundraiser and promoting the Website to existing and future Users and you do not modify any materials you have printed off; and
you retain on such download and/or printed copies all copyright notices and shall remain bound by the terms of such wording and notices.
Additionally, you may not offer for sale or sell, over any other medium (including sale by over-the-air television or radio broadcast or on a computer network) the Content or any part thereof. You may make any part of the Website available as part of another website, and distribute over any other medium (including distributing by over-the-air television or radio broadcast or on a computer network) the Content or any part thereof, only for the purpose of distributing the Campaign’s aim for Charities or Charities’ beneficiaries, other Persons in Need or Fundraisers and promoting the Website among present and future users. These are the only circumstances under which you may make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.
If you would like information about obtaining the Company‘s permission to use any of the Content or if you would like to link your website to the Website in any way other than as is set out in the paragraph above, please contact the Website administrator for written permission.
The Website and the Content are provided “as is” excluding any warranties and conditions of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties and conditions as to title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. The Company further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties or implied conditions, so some or all of the above exclusions may not apply to you.
The Company does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors. You should ensure that you have installed up to date virus checking software prior to any internet session and the Company is not liable for any damage you may suffer as a result of such destructive features that may infect your computer or data due to your use of the Website or your downloading of any material posted on it.
The Company shall not be held responsible for Content provided by third parties. The Company is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Website.
These Terms do not affect your statutory rights or your legal rights as a consumer.
LIMITATION OF LIABILITY
You acknowledge that your use of the Website, including the Content, is at your own risk. If you are dissatisfied with the Website, the Terms or any of the Content your sole remedy is to discontinue use of the Website. Save in respect of fraud and of personal injury or death to the extent it results from the Company‘s negligence, in no event will the Company be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based in contract, tort (including negligence) or otherwise, even if the Company has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you. Insofar as the law does not allow the limitation or exclusion of liability, our liability is limited to £100 (one hundred pounds). If your use of material in the Website results in the need for servicing, repair or connection of equipment, software or data, you assume all costs thereof. Please note that the Company does not offer professional advisory services and we will not advise you regarding any matter but particularly in relation to accounting, tax or other financial matters relating to Donations. You should ensure that you take your own legal and professional advice. Moreover using our Website for collecting the Textiles means that you fully agree with the fact that the Website is only an intermediary between the Users and the Company takes no responsibility for any omissions or misrepresentations made by Users of the Website.
LOCAL LAWS AND REGULATIONS
The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website.
The Company does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
VIRUSES HACKING AND OTHER OFFENCES
You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website or the server on which it is stored and you must not attack our Website by way of a denial of service attack or distributed denial of service attack.
We will not be liable for any loss or damage caused by a distributed denial of service attack arising following your use of the Website.
Either you or the Company may terminate these terms with or without cause at any time. You will be responsible for notifying us of any change to your email address. You may terminate these terms and conditions only if you do not have any live Campaigns active on the Website at that time. Please note that if you have a service agreement with the Company that agreement shall govern any termination of that arrangement between the Company and yourself. In the event of any conflict between these Website terms and the terms and conditions of a service agreement, the terms of the service agreement shall prevail.
Termination or expiry of these Website terms shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry.
If you breach any of these Website terms the Company reserves the right, in its sole discretion and without notice to you, to suspend your access to the Website or permanently remove your User account.
GIFT AID AND TAX
Gift Aid is the additional amount received by the Charity you have donated the funds to in the amount of 25 pence for every £1 of your donation. This additional 25 pence is refunded directly to the Charity from HMRC, when all the requirements regarding a Donor and the Charity are met.
If you are a Donor and want to donate the funds to a specific Charity or the Charity’s Beneficiary using our Website then you will be requested to provide us with your most important personal details (e.g. Title, Forename, Surname, Address, Post Code). You will be required to confirm that you are a UK taxpayer and eligible for Gift Aid and that you require us to provide a specific Charity of your choice with all the necessary information to claim back for Gift Aid under the Gift Aid scheme.
The Charity you decided to donate the funds to and boost your donation by Gift Aid will receive from us the Gift Aid declaration form completed with your personal details and any other necessary information (e.g. Phone number, E-mail address), to enable the Charity to submit its own request to HMRC.
Therefore please be aware that it is your own responsibility to ascertain whether you qualify for Gift Aid. If you have any doubts we strongly recommend you obtain advice from your own adviser or HMRC consultants. For full details of the Gift Aid scheme please check online at https://www.gov.uk/donating-to-charity/gift-aid
Please be aware that the Website also supports persons in need by giving you the possibility to donate the funds to them, but those persons in need may not be eligible for the Gift Aid reclaim scheme and donations may not be tax deductible, no matter their charitable purpose.
If you are a Charity registered with the Charity Commission and have created your own campaign or you gave the campaign’s authorisation to your Beneficiary then it means that you have agreed the Website will provide you with all the necessary information about the Donor to claim back on your own from HMRC for Gift Aid under the Gift Aid scheme.
PROTECTING YOUR PASSWORD
We always do our best to protect the security of our Users’ accounts. When you register with the Website and choose a password to protect your secure account you remain responsible for maintaining the confidentiality of your password. If you become aware of any unauthorized use of your account we strongly recommend you change password immediately or contact us using the following e-mail address: firstname.lastname@example.org.
CHANGES TO THE WEBSITE
At any time, the Website may contain material which is out of date. While the Company has no obligation to do so, you accept that the Company has the right to change the content or technical specifications of any aspect of the Website at any time at the Company’s sole discretion. You further accept that such changes may result in your being unable to access the Website.
No waiver by the Company of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by the Company of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
THE BUSINESS TERMS OF THE WEBSITE
The Company One Step To Be Limited is the owner of the Website and Control Panel for the Collectors, which is the integral part of the Website. Thanks to the innovative business model the Company doesn’t charge any fees to Those in Need and the Donors by giving the paid access to Control Panel, which provides several of tools available useful for the Collectors in order to make and optimise the Textiles collections which are subject of monetisation process.
GOVERNING LAW AND JURISDICTION
The Terms are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English and Welsh courts.