Terms & Conditions

Terms and Conditions For GifTap

These Terms and Conditions (hereinafter referred to as "Agreement", "Terms and Conditions" or "Terms") are a legally binding agreement between you (the "User", "You",  "Your", "Organisation" or "Charity") and GifTap Ltd ("Company", "We", "Us", or "Our") owner and operator of www.Giftap.co.uk ("Website", "Site" or "Platform") and Giftap mobile application ("Giftap App"). The Website, Site, Platform and Giftap App hereinafter collectively referred to as "GifTap" is made available to you in accordance with the laws of England and Wales, from the Company head office located in London.

These Terms govern your use of GifTap and conditions on which the Company offers its services to you. By using GifTap, you accept and agree to all the provisions of this Agreement as well as the Privacy Policy which is included herein by reference.

YOU MUST BE RECOGNISED BY CHARITIES COMMISSION AND HER MAJESTY’S REVENUE AND CUSTOMS AS A UK CHARITY OR CASC FOR TAX PURPOSES IN ORDER TO MAKE USE OF GIFTAP SERVICES.

 

Definitions

"Gift Aid" - a tax relief in United Kingdom that enables a Charity to claim an extra 25p for every £1 of donation made through Gift Aid.

"Donor" - Any reference to Donor for the purposes of this Agreement refers to an individual who is a UK taxpayer and who logs donations using his/her GifTap Donor Account along with the declaration.

"Charity" - Any reference to Charity only refers to a Charity or CASC that is recognised by Charities Commission and HMRC as a UK Charity or CASC.

"CASC" - refers to a Community Amateur Sports Club.

"User" - refers to a registered GifTap Charity Account holder and includes any reference to Charity.

"Donation" - an amount logged by a Donor on GifTap for a selected Charity.

"VAT" - refer to Value Added Tax.

"HMRC" - Her Majesty’s Revenue and Customs.

"Platform Services" - the Company collects donor information and declaration for donations made by donors to charities and submits Gift Aid repayment claims to HMRC on behalf of charities using this information.

"GifTap App’" or ‘App" – refers to the mobile Application that offer the Platform in addition to the website to log donations manage donors profile and entries. 

 

AUTHORIZATION

YOU HEREBY AGREE TO ADD THE COMPANY AS YOUR AUTHORIZED NOMINEE FOR SUBMITTING GIFT AID REPAYMENT CLAIMS TO HMRC BY INCLUDING THE COMPANY NAME (NAME OF AN INDIVIDUAL AUTHORIZED BY GIFTAP TO ACT AS YOUR REPRESENTATIVE) AND BANK DETAILS IN FORM ChV1. YOU UNDERSTAND THAT THE COMPANY WILL ONLY SUBMIT GIFT AID REPAYMENT CLAIMS ON YOUR BEHALF FOR DONATIONS LOGGED BY DONORS FOR YOUR CHARITY THROUGH GIFTAP AND THE COMPANY WILL RECEIVE THE REPAYMENTS FROM HMRC ON YOUR BEHALF.

BY NOMINATING THE COMPANY YOU FURTHER ACCEPT AND AGREE THAT THE COMPANY WILL DEDUCT A FIXED FEE OF 10% ON ALL GIFT AID REPAYMENTS CLAIMED BY THE COMPANY ON YOUR BEHALF INCLUDING 20% VALUE ADDED TAX (VAT) BEFORE TRANSFERRING THE BALANCE INTO YOUR DESIGNATED BANK ACCOUNT.

YOU FURTHER AGREE TO FULLY COOPERATE WITH THE COMPANY AND TO TAKE ANY REASONABLE STEPS AS MAY BE REQUIRED FROM TIME TO TIME TO ASSIST THE COMPANY IN SUBMISSION OF GIFT AID REPAYMENT CLAIMS TO HMRC, RECEIVE REPAYMENTS IN COMPANY’S BANK ACCOUNT AND RESPOND TO ANY QUERIES, CONCERNS OR DISPUTES THAT MAY BE RAISED BY HMRC. 

 

How Giftap Service Works

Giftap enables your donors to log all their Gift Aid donations (including small change, online payment or payments by credit cards) in one place so that your charity can receive an additional 25% Gift Aid from HMRC. To make use of this unique Platform service, You must authorise and nominate the Company to submit Gift Aid claims to HMRC on your behalf and to receive all Gift Aid repayments from HMRC on your behalf. You can register for the Giftap platform for free but the Company will  deduct a fixed 10% service fee on all amounts reclaimed by the Company on your behalf including to 20% VAT.

PLEASE NOTE THAT WE DO NOT COLLECT ANY DONATIONS ON YOUR BEHALF FROM DONORS. THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY MISREPRESENTATION / FALSE CLAIMS / MISLEADING INFORMATION PROVIDED BY ANY DONOR THROUGH THE PLATFORM. YOUR USE OF OUR PLATFORM SERVICE IS ENTIRELY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

Account Registration and Access

As a requirement to using the Giftap you must register at www.giftap.co.uk or download the App. You agree to provide the Company with correct and current information when registering your account and any such documents that may be required by the Company during your sign-up process. You understand that it is your legal obligation to keep all your account information up to date and immediately notify us of any change in such information or your charity status. Your failure to provide us with accurate and current information will constitute a material breach of this Agreement.

Please note that for security and compliance purposes we may be required to verify your identity and the information you provide us. We reserve the right to refuse registration of any account in our sole discretion without providing any reasons to you.

Once we approve your Charity User account, you agree to keep your account details confidential and not to disclose them to any third-party. You agree to take full responsibility for any activities under your charity account on GifTap.

You are strictly forbidden from using GifTap in violation of any applicable laws and regulations. It is solely your responsibility to familiarise yourself of any and all applicable laws and regulations including but not limited to anti money laundering and anti-corruption legislations and regulations.

By signing up on behalf of a Charity, you represent and warrant that you have the requisite authority to act on behalf of the Charity and to bind the Charity to this Agreement. If you do not have the requisite authority or capacity you must not create an account on GifTap.

As an account holder, you also agree to immediately notify the Company of any unauthorized activity or use of your account by emailing our customer service team: customerservices@giftap.co.uk.. We disclaim any and all responsibility for any unauthorized access or use of your account resulting from any security breach.

We reserve the right to modify these terms at any time in our sole discretion without any obligation to notify you.

 

Termination of your account

You may terminate your Giftap Charity account without incurring any penalties by giving a 30 days notice via email at admin@giftap.co.uk. Please note that the Company will reserve the right to but is not obligated, to submit a Gift Aid claim on your behalf during this period and receive repayments from HMRC. In the event that the Company submits a Gift Aid claim on your behalf during this period, the Company will be entitled to withhold all applicable fees and taxes before transferring the balance to you.

We reserves the right to cancel or suspend your access to Giftap if we find that:

  • You have violated any provisions of this Agreement;
  • You are currently undergoing insolvency or bankruptcy proceedings;
  • If we are informed that you are suspected of illegal operations or fraudulent activities;
  • You are no longer recognised as a charity by HMRC;
  • Your conduct is harmful to the Company or any of its Users including donors and general public; or
  • We cease our business operations for any reason.

We will make our best effort to process any outstanding amounts due and payable to you from Gift Aid reclaims received by us on your behalf after deduction of all applicable fees and taxes. Please note the processing of payment may take time and we are unable to offer any assurances regarding the timeliness of funds reaching your account.

 

Donor Verification

The Company does not verify the identity of the Donors and is unable to confirm that each donor is who they claim to be and therefore, Company cannot and does not assume any responsibility for the accuracy or reliability of identity or any information provided by the Donor through the Platform.

THE COMPANY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES OR LICENSORS DO NOT ASSUME ANY RESPONSIBILITY FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY DONOR AND YOU HEREBY RELEASE THE COMPANY AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. THE COMPANY AND THE PARTIES MENTIONED ABOVE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE GIFTAP SERVICES OFFERED BY THE COMPANY.

 

Data rights and responsibility

We respect the personal data of all donors on Giftap and act as the sole data controller for the purposes of this Agreement. You understand and accept that all data and information provided by donors to Giftap is owned by the Company and the Company is not under any obligation to provide this data/information to you, regardless of circumstances. In the event we in our sole discretion decide to share any donor information with you, you agree to always act in compliance with all applicable privacy laws and regulations including but not limited to the Data Protection Act of 1998. 

 

How we collect donor data

There is certain information that donors expressly provide us when they register an account on our website. This information includes donor’s full name, address, date of birth, mobile number, email address, whether they are a taxpayer and whether their income is over a certain amount ("Personally identifiable information").

 

Information we collect from use of our Service

There is certain information that we are able to collect about our donors through their use of our service from log data that we collect as well as their favourite charities and contribution amount ("Non-Personally Identifiable Information").

 

How we use the information we collect

We use donor’s personally identifiable information to submit Gift Aid claims to HMRC and for internal analysis and research purposes to better understand our Users and their behaviour. We do not and never will sell or rent donor’s personally identifiable information to any person or entity.

 

Confidentiality

You agree to hold any business information you obtain from your use of GifTap with strictest confidence for a minimum of two years after you cease to use Giftap Services. This includes but is not limited to any information and analysis that we may share with you from time to time.

 

Security of data

We strive to keep donors personally identifiable information secure. We use all commercially viable means and industry best practices to protect this information. As a joint data controller you agree to treat this information with care and take reasonable and commercially viable steps to protect it.

 

Disclaimer for third-party website links

GifTap may contain links to third party websites that are neither owned nor operated by us. Should you decide to click on any such third party links, you will be directed to such third party website. These third-party sites have their own Terms of Service and Privacy Policy and we encourage you to review their Terms and Privacy Policy prior to using their site or any services offered by them.

We disclaim all liability with regards to your use and access of such third-party sites. We cannot be held responsible for any content made available by these third-party sites or their practices. You access and use these sites solely at your own risk.

 

User Generated Content

The Company cannot guarantee the authenticity, accuracy or legality of any content, information or data of any nature whatsoever, which a Charity or Donor may submit or provide through GifTap ("User Generated Content"). You accept and agree that you will not hold the Company liable for any loss or damage suffered by you as a result of reliance upon any such User Generated Content whilst using GifTap services.

You hereby accept that you use GifTap and access any content provided therein at your sole risk and you will be solely responsible and liable for any loss that may arise as a result there-from.

You understand that all information provided by any Charity or Donor account is the sole responsibility of the account holder; that the Company will not be liable for any errors or omissions in any User Generated Content; and that the Company cannot guarantee the identity of any other Users with whom you may interact in the course of using GifTap services.

 

Intellectual Property Rights

All content on GifTap including without limitation, user generated content, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Giftap Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by and/or licensed to Giftap, subject to trademark, copyright and other intellectual property rights under UK and foreign laws and international conventions. We may in our sole discretion determine your rights to access certain GifTap content and such content will be  made available to you AS IS for your information and intended use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, sub-licensed or otherwise exploited for any other purpose or commercial use whatsoever without the prior written consent of the Company. We reserve all rights not expressly granted in and to Giftap Content. You agree to not engage in the use, copying, or distribution of any of the Giftap Content, other than as expressly permitted herein for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of GifTap that prevent or restrict use or copying of any Giftap Content.

 

User conduct

Users shall not use the Platform Service for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country. Users are prohibited from interfering or attempting to interfere with the security of the Website, which includes but is not limited to:

1.  Accessing data which is not intended for you by logging into account which you are not authorized to access;

2.  Probing, scanning or testing the vulnerability of our system;

 

Specific Restrictions

In addition to the above, the Users shall not:

  • modify, adapt, translate, or reverse engineer any portion of Giftap;
  • use any robot, spider, site search/retrieval application or other device to retrieve or index any portion of GifTap for crawling GifTap to scrape content or to circumvent the technological methods adopted by the Company to prevent such prohibited use;
  • collect any information about other Users (including names, email addresses) for any purpose;
  • reformat or frame any portion of GifTap without express written consent of the Company;
  • create User accounts by automated means or under false or fraudulent pretences;
  • submit any content or material on any third-party sites, that falsely express or imply that such content or material is sponsored or endorsed by the Company;
  • transmit any viruses, defects, Trojan horses or other items of a destructive nature;
  • copy or store any content offered on GifTap;
  • take any action that imposes, or may impose in Our sole discretion, an unreasonable or disproportionately large load on Our IT infrastructure;

 

Remedies with the Company

We reserve the right to take actions to prevent/control any violations of this Agreement including without limitation, terminating violator’s account and/or blocking their use of GifTap as well as to investigate and prosecute such violations to the fullest extent permitted in law.

 

Modifications

You acknowledge that these Terms and GifTap Services can be modified by the Company at its sole discretion, at any time without prior notice, and such modifications will be effective from the date of implementation of the new changes on GifTap. You should review this page and update the App periodically to familiarize yourself of any amendments. You hereby relieve us of any liability for any loss suffered by you on your failure to review such modified Terms.

 

Feedback

We appreciate our Users and love to hear your views. If you would like to share your feedback and suggestions about how we can improve GifTap please submit your feedback via email, given below.  By submitting feedback, You agree to grant Us the right, at Our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to You.

 

Contact Us

email: admin@giftap.co.uk OR customerservices@giftap.co.uk

 

Maintenance

The Company reserves the right in its sole discretion to deactivate or/and suspend your access to GifTap with or without giving any prior notice to you to carry out: system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such deactivation or/and suspension.

 

Disclaimer

Giftap and all information/content is provided to you on an "AS IS" and "AS AVAILABLE" basis without any representations or warranties of any kind, express or implied including but not limited to fitness for a particular purpose and non-infringement.

The Company, and its directors, employees, agents, representatives, suppliers and partners do not warrant that:

(a) the Service will be uninterrupted, error free or completely secure;

(b) available at any particular time or location;

(c) any defects or errors will be corrected;

(d) any content or software available at or through Giftap is free of viruses or other harmful components; or

(e) the results of using the Services will meet your requirements.

You accept that your use of GifTap is solely at your own risk. The Company reserves the right to withdraw GifTap from public access at any time for any reason.

 

Limitation of Liability

Nothing in this Agreement shall act to exclude or limit the liability of the Company for death or personal injury resulting from negligence, fraud or any other liability that cannot be excluded or limited by applicable law. In no event shall the Company, its directors, officers, employees, shareholders and agents be liable for any loss of profits, loss of data, loss of opportunity, costs incurred in procurement of substitute services or indirect, incidental, special or consequential damages, arising from our related to your use of GifTap or failure to use GifTap services. This limitation of liability shall apply to the fullest extent permitted by law.

PLEASE NOTE THAT THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR HOW USERS USE OUR SERVICES, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR USER BEHAVIOUR. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE SERVICES IN LOCATIONS OTHER THAN UNITED KINGDOM.

Miscellaneous

Governing Law - This Agreement shall be governed by the laws of England and Wales and any action to be brought by any party shall be brought in the court of law with jurisdiction to rule upon the matter located in London, UK.

Assignability - We may assign any of Our responsibilities and/or obligations to any other Person, at Our sole discretion, without giving any notice to You. However, You shall not assign or transfer any of Your rights under this Agreement to any other party, without the express written consent of the Company.

Severability - If for any reason, any clause of this Agreement or any part of any clause is deemed to be unlawful, void, or for any reason unenforceable, then such provision will be limited or eliminated from this Agreement only to the extent necessary and will not affect the validity and enforceability of any remaining provisions.

Waiver – Under no circumstances, failure on Our part to exercise any right or remedy under this Agreement will constitute a waiver of such right or remedy.

Force Majeure - The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

These Terms and Conditions (hereinafter referred to as "Agreement", "Terms and Conditions" or "Terms") are a legally binding agreement between you (the "User", "You", or "Your") and GifTap Ltd ("Company", "We", "Us", or "Our") owner and operator of www.Giftap.co.uk ("Website", "Site" or "Platform") and GifTap mobile application ("Giftap App"). The Website, Site, Platform and GifTap App hereinafter collectively referred to as "GifTap" is made available to you in accordance with the laws of England and Wales, from the Company head office located in London.

These Terms govern your use of GifTap and conditions on which the Company offers its services to you. By using GifTap, you accept and agree to all the provisions of this Agreement as well as the Privacy Policy which is included herein by reference.

BY LOGGING DONATIONS ON GIFTAP, YOU REPRESENT AND WARRANT TO THE COMPANY, THE CHARITY AND HMRC THAT YOU HAVE PAID THE SAME AMOUNT OR MORE IN INCOME TAX OR CAPITAL GAINS TAX IN THAT YEAR AND ALL INFORMATION PROVIDED BY YOU IS ACCURATE AND COMPLETE. YOU UNDERSTAND THAT MAKING FALSE GIFT AID CLAIMS IS A CRIMINAL OFFENCE. IT IS ENTIRELY YOUR RESPONSIBILITY TO ENSURE THAT YOU ACT IN COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS.

Information Disclaimer

THE COMPANY DOES NOT OFFER ANY LEGAL / FISCAL ADVICE OR RECOMMENDATION. ALL INFORMATION ON GIFTAP, INCLUDING BLOG POSTS, COMMENTS, CAMPAIGNS AND OTHER SIMILAR CONTENT IS MADE AVAILABLE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IT IS NOT INTENDED TO REPLACE OR SUBSTITUTE ANY LEGAL OR TAX ADVICE FROM A QUALIFIED ACCOUNTANT OR SOLICITOR. WE DO NOT ACCEPT ANY  RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY FOR ANY DECISIONS YOU MAKE BASED ON ANY INFORMATION MADE AVAILABLE ON GIFTAP. ACCORDINGLY, ANY DECISION YOU TAKE BASED ON ANY INFORMATION / CONTENT YOU RECEIVE THROUGH GIFTAP IS SOLELY AT YOUR OWN RISK.

PLEASE NOTE THAT WE DO NOT RECOMMEND OR ENDORSE ANY CHARITIES LISTED ON GIFTAP.

 

Definitions

"Donor" - any reference to Donor refers to a User who registers for a personal account on GifTap and logs donations through GifTap along with the declaration.

"Charity" - Any reference to Charity only refers to a Charity or CASC that is recognised by HMRC  and Charities Commission as a UK Charity or CASC.

"CASC" - refers to a Community Amateur Sports Club.

"User" - includes any reference to the term "donor", "you" or "your".

"Donation" - an amount logged by you as a donation on GifTap for a selected Charity.

"HMRC" - Her Majesty’s Revenue and Customs.

"Platform Services" - refers to the functionality offered by the Company that enables  Donors to log their donations so charities can claim an additional 25% Gift Aid from HMRC and support for individuals who are in high tax band (earning £43,001 or more) to reclaim 20% income tax on the total donation each year without impacting the charity’s Gift Aid claim.

"GifTap App’" or ‘App" – refers to the mobile Application that offer the Platform Services in addition to the website to log donations manage donors profile and entries 

 

Eligibility

GifTap is designed for use by persons older than thirteen (13) years of age and with a National Insurance (NI) number from HMRC and a taxpayer. IF YOU ARE UNDER THE AGE OF THIRTEEN AND DO NOT HAVE A NATIONAL INSURANCE NUMBER YOU ARE FORBIDDEN FROM USING GIFTAP AND PROVIDING US ANY PERSONAL INFORMATION. By signing up for GifTap you represent and warrant to the Company that you have the requisite capacity and authority to enter into this legally binding Agreement with the Company.

 

About Giftap service

Giftap is a simple online solution that helps donors to maximise their donation by logging them into their GifTap account for their preferred charity. The service also assists donors who are in high tax band (earning £43,001 or more) to reclaim 20% income tax on their total donation each year without impact the Gift Aid reclaim made by charities.

PLEASE NOTE THAT WE ONLY PROVIDE YOU GIFTAP TO LOG YOUR DONATIONS FOR YOUR PREFERRED CHARITIES, WE DO NOT COLLECT ANY DONATIONS FROM YOU ON BEHALF OF CHARITIES OR CONTROL / SUPERVISE HOW CHARITIES USE YOUR DONATIONS. AT NO TIME CAN THE COMPANY BE HELD RESPONSIBLE FOR ANY ACTIONS OR OMISSIONS OF ANY CHARITIES LISTED ON GIFTAP WHETHER ONLINE OR OFFLINE. ACCORDINGLY, ANY DECISION YOU TAKE BASED ON ANY INFORMATION YOU RECEIVE THROUGH GIFTAP IS AT YOUR OWN RISK.

Unless explicitly stated otherwise, our responsibility to you is limited to facilitating the availability of Giftap.

 

Your Donations and Preferred Charities

GifTap enables you to log donations for charities by searching for them whilst you are logged into your account. Please note that you can only log donations for charities that are recognised by Charities Commission as a UK charity or as a CASC. It is solely your responsibility to select the correct charity name from our list to ensure that your donation is logged for the charity that you made your donation to. Please note that you cannot log donations on behalf of your friends, family members or any other third party as you have not paid tax on that amount and HMRC cannot reconcile it with your tax liabilities. When you log a donation for your preferred charity you are making a declaration that you are a UK taxpayer and you have paid or will pay an amount of Income Tax and/or Capital Gains Tax for each tax year (6 April to 5 April) that is at least equal to the amount of tax that all the charities or CASCs that you donate to will reclaim on your gifts for that tax year. Please note that although we may submit Gift Aid claims to HMRC on behalf of charities who sign up with Giftap, and use the donation logged by you through your account for your preferred charity, we do not supervise or control any decisions, actions or omissions of these charities or their staff. If you have any questions or concerns about the operation or decisions of your preferred Charity, you are hereby advised to contact them directly or report it to Charities Commission.

 

Your GifTap Account and Security

You may browse through the Website without signing up, but as a requirement to using the unique Platform Service offered by GifTap, you must sign up at www.giftap.co.uk or download the App from an IOS or an android mobile device. Donors can easily sign up and start using the GifTap for free. When you sign up, you are required to provide us with your correct and current information. Please note that this information will be used for your Gift Aid declaration by us when claiming Gift Aid from HMRC on behalf of your preferred charities. You take full responsibility to keep your GifTap profile information up to date by editing your profile in the event of any material change in your personal information. Any failure on your part to keep this information up to date shall constitute a breach of these Terms and Condition and may initiate HMRC queries. In the event of such breach, we reserve the right to contact you, share any information you have provided us with HMRC to resolve any issues and or immediately terminate your account.

You fully understand that you are responsible and liable for any activity that occurs under  your account. You further accept and agree that you shall be responsible for maintaining the confidentiality of your Username and Password.

You agree that you will never use another user's account to log your donations for your preferred charity. You further agree to immediately notify us of any unauthorised use and access to your account, or similar security breach of which you become aware of by contacting us via email: info@giftap.co.uk, or customerservices@giftap.co.uk

We may access your account and any information that you have provided us, for submitting claims on behalf of charities to HMRC, providing assistance in processing your self-assessment if requested by you, to offer any support, maintenance purposes or in the event of any security breach.

 

Account Termination

You can stop using GifTap anytime. If you wish to terminate your GifTap account, please notify us via e-mail at: admin@giftap.co.uk with the word "Cancellation" in the subject line. Please take note that upon termination of your account, you may lose any data that was stored under your account. We reserve the right to but are not obligated to retain your personal information and other account information to fulfil any legal and regulatory obligations.

We reserve the right to modify our account termination policy at any time by amending these Terms on the website.

We reserves the right to cancel or suspend your access to Giftap if we find that:

  • You have violated any provisions of this Agreement;
  • Your conduct is harmful to the Company or any of its Users; or
  • We cease Our business operations for any reason.

 

Disintermediation

The Donor acknowledges and accepts that the Company acts as an intermediary between the Charities and the Donor for all data logged by donors through GifTap. Donor fully understand that all data stored on the GifTap is exclusively owned by the Company and the Donor does not have any rights to retrieve or transmit this data to charities outside the ambit of GifTap. Any attempt on the part of the Donor to use GifTap to log the donations and then to forward / retrieve / transmit this data outside the ambit of GifTap will constitute material breach of this Agreement. Should the Company suspect or find that the Donor has breached this provision of the Agreement, the Company is entitled to seek any remedial action against such Donor as the Company deems fit including but not limited to any claim for monetary loss that the Company may incur as a result of Donor’s breach.

 

Donor Obligations and Conduct

You agree that at all times:

  • You will comply with this Agreement and all applicable laws and regulations;
  • You will take full responsibility for all your tax liabilities towards any authority in any jurisdiction;
  • You will post only accurate information on GifTap;

 

Specific Restrictions

In addition to the above, as a Donor you agree that you will not:

  • Log any false donations through GifTap to artificially inflate the Gift Aid claims by your preferred charity;
  • Provide any misleading or inaccurate information to Giftap during sign up or thereafter;
  • modify, adapt, translate, reverse or engineer any portion of the GifTap;
  • use any robot, spider, site search/retrieval application or other device to retrieve or index any portion of the Giftap for crawling GifTap to scrape content or to circumvent the technological methods adopted by the Company to prevent such prohibited use;
  • collect any information about other Users (including names, email addresses) for any purpose;
  • reformat or frame any portion of the GifTap without express written consent of the Company;
  • create User accounts by automated means or under false or fraudulent pretences;
  • submit any content or material on any third-party sites, that falsely express or imply that such content or material is sponsored or endorsed by the Company;
  • transmit any viruses, defects, Trojan horses or other items of a destructive nature;
  • copy or store any content offered on Giftap;
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;

 

Remedies with the Company

We reserve the right to take actions to prevent/control any violations of this Agreement including without limitation, terminating violator’s account and/or blocking their use of the GifTap as well as to investigate and prosecute such violations to the fullest extent permitted in law.

 

Modifications

You acknowledge that these Terms and Conditions and GifTap Services can be modified by the Company at its sole discretion, at any time without prior notice, and such modifications will be effective from the date of implementation of the new changes on GifTap. You should review the pages and update the GifTap periodically to familiarize yourself of any amendments. You hereby relieve us of any liability for any loss suffered by you on your failure to review such modified Terms.

 

Feedback

We appreciate our Users and love to hear your views. If you would like to share your feedback and suggestions about how we can improve GifTap, please submit your feedback via email given below. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.

Contact Us

email: admin@giftap.co.uk OR customerservices@giftap.co.uk

 

Maintenance

The Company reserves the right in its sole discretion to deactivate or/and suspend your access to GifTap with or without giving any prior notice to you to carry out: system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such deactivation or/and suspension.

 

Your Privacy

Please read this Policy carefully to inform yourself about our business practices with regards to the collection and use of your personal data. Please do not use GifTap and provide us with any personal information or log any donations through GifTap if you do not expressly agree with our policy as described hereunder. By creating an account on Giftap or downloading the App you give us your express consent to collect and use of your Personal Information as stated herein. Please note that we will disclose your personal information with your preferred charities and your preferred charity therefore acts as joint data controller for the purposes of this policy. If you have any questions about how we hold and process your personal information, you can contact us at: info@giftap.co.uk  

 

How we collect your information

There is certain information that you expressly provide us when you register an account on Giftap. This information includes your full name, address, date of birth, mobile number, email address, whether you are a taxpayer and whether your income is over a certain amount ("Personally identifiable information").

 

Information we collect from your use of our service

There is certain information that we are able to collect about you through your use of our service as well as from log data ("Non-Personally Identifiable Information").

 

How we use the information we collect

We use your personally identifiable information to submit Gift Aid claims to HMRC and for our internal analysis and research purposes to better understand our Users and their behaviour. We use the information we obtain through log data to deliver and improve our services to you. We do not and never will sell or rent your personally identifiable information to any person or entity.

 

Sharing your information

Please note that we may be required to disclose your personal information to HMRC, local or international law enforcement authorities or governmental bodies upon reasonable requests or to third-party service providers in the event of security breach of system, networks or website.

In the event where any Service Providers we engage comes in contact with your personally identifiable information, please be assured that we have entered into confidentiality agreements with such Service Provider and their access to your information is only in the course of performing these tasks on our behalf.

 

Processing of your personally identifiable information

We process all personally identifiable information on computers and servers that are located in United Kingdom and in accordance with data protection laws of UK. By creating an account on Giftap and providing us with your personally identifiable information, you consent to such processing of your personally identifiable information.

 

Security of your data

We strive to keep all your personally identifiable information secure. We use all commercially viable means and industry best practices to protect your Personal Information but you understand that our website is built upon third-party software and hardware which may possess vulnerabilities and therefore we are unable to offer any guarantees for security of your personal information.

 

Retention of data

We assure you that we will not retain any of your personally identifiable information for a period longer than necessary for fulfilment of our business and legal requirements. It is common practice for businesses to retain User’s personal information for a period of four years after account termination. We reserve the right to retain your personal information for a period of four years after your account is terminated but we do not have any obligation towards you to retain such information and we may in our sole discretion discard your personal information from our records sooner.

 

Use of Cookies on our Website

Like most other website nowadays, we make use of cookies to enhance our User experience. Cookies are small files with data that helps Us to uniquely identify You as a User without linking any personally identifiable information with these unique identifier files. You have the choice to either instruct Your browser to decline all cookies or to indicate to You when a cookie is being sent. In the event that You choose to decline cookies from Our Website, You understand that You may not be able to use some parts of Our Website and Services We offer.

 

Disclaimer for third-party website links

Giftap may contain links to third party websites that are neither owned nor operated by us. Should you decide to click on any such third party links, you will be directed to such third party website. These third-party sites have their own Terms of Service and Privacy Policy and we encourage you to review their Terms and Privacy Policy prior to using their site or any services offered by them.

We disclaim all liability with regards to your use and access of such third-party sites. We cannot be held responsible for any content made available by these third-party sites or their practices. You access and use these sites solely at your own risk.

 

Protection of Children’s Privacy

GifTap services are not aimed at people who are under the age of thirteen  (13) years ("Children") and someone without a National Insurance number.

 

Right to Access Your Personally Identifiable Information

You have the right to access your personally identifiable information that we hold and to update or edit this information to ensure it is current and accurate. To exercise your right you can log into your account on www.giftap.co.uk or download the GifTap App and click on your name on the top right hand corner of the screen to edit your information.

 

Ownership

Any material, content or logos, marks, software on or part of GifTap and all aspects thereof is owned by the Company and/or licensed to the Company. You are prohibited from modifying, reproducing, distributing, creating derivative works of, publicly displaying or in any way exploiting, any of the content, software, marks, logos, data, and/or materials available on GifTap in whole or in part except as expressly allowed under these Terms. The Company hereby grants you a non-exclusive, non-transferable, limited license to use the GifTap services only as intended under this Agreement.

 

Disclaimer

GifTap and all information/content is provided to you on an "AS IS" and "AS AVAILABLE" basis without any representations or warranties of any kind, express or implied including but not limited to fitness for a particular purpose and non-infringement.

The Company, and its directors, employees, agents, representatives, suppliers and partners do not warrant that:

(a) the Service will be uninterrupted, error free or completely secure;

(b) available at any particular time or location;

(c) any defects or errors will be corrected;

(d) any content or software available at GifTap is free of viruses or other harmful components; or

(e) the results of using the GifTap services will meet your requirements.

You accept that your use of GifTap is solely at your own risk. The Company reserves the right to withdraw GifTap from public access at any time for any reason.

 

Limitation of Liability

Nothing in this Agreement shall act to exclude or limit the liability of the Company for death or personal injury resulting from negligence, fraud or any other liability that cannot be excluded or limited by applicable law. In no event shall the Company, its directors, officers, employees, shareholders and agents be liable for any loss of profits, loss of data, loss of opportunity, costs incurred in procurement of substitute services or indirect, incidental, special or consequential damages, arising from our related to your use of GifTap or failure to use GifTap. This limitation of liability shall apply to the fullest extent permitted by law.

PLEASE NOTE THAT THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR HOW USERS USE OUR SERVICES, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR USER BEHAVIOUR. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE SERVICES IN LOCATIONS OTHER THAN UNITED KINGDOM.

 

Miscellaneous

Governing Law - This Agreement shall be governed by the laws of England and Wales and any action to be brought by any party shall be brought in the court of law with jurisdiction to rule upon the matter located in London, UK.

Assignability - We may assign any of Our responsibilities and/or obligations to any other Person, at Our sole discretion, without giving any notice to You. However, You shall not assign or transfer any of Your rights under this Agreement to any other party, without the express written consent of the Company.

Severability - If for any reason, any clause of this Agreement or any part of any clause is deemed to be unlawful, void, or for any reason unenforceable, then such provision will be limited or eliminated from this Agreement only to the extent necessary and will not affect the validity and enforceability of any remaining provisions.

Waiver – Under no circumstances, failure on Our part to exercise any right or remedy under this Agreement will constitute a waiver of such right or remedy.