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.
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.
“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.
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: email@example.com.. 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 firstname.lastname@example.org. 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:
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.
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.
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
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.
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;
In addition to the above, the Users shall not:
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.
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.
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.
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.
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.
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.
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