Simply Fundraising – Supporter Agreement

Simply Fundraising is provided by Simply Fundraising LLP, registered office Little Drakes Barn, Drakes Lane, Little Waltham, Chelmsford, Essex CM3 3ND, registered number OC350980 (“we” or “us”).

This agreement (the “Agreement”) contains the terms on which you may participate in Simply Fundraising as a “supporter”, that is a Simply Fundraising card-holder whose purchases with a Simply Fundraising Card (as defined below) will result in your chosen Cause (as defined below) receiving money.

It is agreed that:

1. Your participation in Simply Fundraising is conditional upon your agreement to the terms of this Agreement – if you do not agree to them, please do not register with Simply Fundraising. Your completion of the registration process constitutes your acceptance of the terms of this Agreement.

2. When you register you will be asked to pay a £15 membership deposit. You may cancel your membership at any time by e-mail to customerservices@simplyfundraising.co.uk. The membership deposit will be refunded to your Simply Fundraising Prepaid MasterCard card in full if your account has raised £50 in free donations since your current card was issued. If not, the deposit is retained to cover the cost of issuing and maintaining your card.

3. You registration with us, and your participation in Simply Fundraising, is subject to acceptance by us (which we will communicate to you separately) and also subject to acceptance of your application for the Simply Fundraising Card by the Card Provider.

4. The Simply Fundraising Card is a pre-paid debit card, which is supplied by the Card Provider, with whom we are not connected. You will be required to enter and comply with a separate agreement with the Card Provider relating to the issue and use of the Simply Fundraising Card. We are not a party to that agreement, and we accept no liability with regard to your relationship with the Card Provider or for your possession or use of the Simply Fundraising Card. If you do not comply with the agreement with the Card Provider, we reserve the right to terminate your participation in Simply Fundraising.

5. When you register, you will be asked to nominate a recipient (which may be a charity, club, local association or any other fundraising organisation) whom you wish to receive financial contributions as a result of your purchases using the Simply Fundraising Card (your “Cause”). Once registered, you also have the ability via your online account to add up to three further causes, choosing the percentage of your contributions you wish to go to each.

6. We are not responsible for your selection of Causes. If you select a Cause, you warrant that you are comfortable that it is a genuine cause worthy of receiving your contributions.

7. When you purchase goods or services with your Simply Fundraising Card, or on-line via a Simply Fundraising affiliate link on our website (with or without the Simply Fundraising Card) (an “Online Affiliate Purchase”) we will receive a portion of the purchase price back from the retailer and/or the Card Provider on your behalf. A “Qualifying Purchase” means any purchase made using your Simply Fundraising Card or any Online Affiliate Purchase, and excludes any purchases that are returned or refunded.

8. We receive and hold those funds on your behalf, and we will make a Contribution to your Cause as described below. Any funds are solely held for these purposes – we are not able to pay you any cash or cash equivalent in respect of sums held on your behalf.

9. Each month we will make a contribution (“Contribution”) to your chosen Cause on your behalf from the funds accumulated by your Qualifying Purchases. The timing of the Contribution in relation to your Qualifying Purchases will depend on when the retailer provides us with the relevant confirmed information. The level of the Contribution is determined by our agreement with the retailer.

10. If your Cause is a registered charity, it may be entitled to reclaim tax under the Gift-Aid scheme. In order to do this, we will need to disclose certain details to your Cause. You hereby agree to us providing the necessary details to your Cause in order for them to obtain the benefit of Gift-Aid, and you authorise the Cause to obtain Gift-Aid in relation to your Contribution if available.

11. We reserve the right not to make or to delay a Contribution on your behalf to a Cause if we have any reasonable concerns about the authenticity of your Qualifying Purchases or a Cause, including where we have been notified of any concerns by the Card Provider.

12. We reserve the right not to make a Contribution on your behalf to a Cause in any particular month if the total Contributions to be made to that Cause are less than £25 in order to minimise processing costs. If the monthly amount due to be paid falls below that amount, your contribution will be paid over as soon as the value of the contributions from all supporters of that Cause exceeds £25.

13. The Simply Fundraising Card, and its safekeeping and use, are your responsibility. As it is a pre-paid debit card, we recommend that you take special care over its safety and do not lend it to others.

14. If your Simply Fundraising account shows no donation activity for a period of 60 days or more, we reserve the right to close it down and retain your membership deposit, as there are administrative costs associated with keeping the account open if it is inactive. Any donations outstanding will continue to be paid to the cause(s) of your choice.

15. If we are unable to pay funds to your cause(s) for a period of more than 6 months (for example if your cause ceases to trade) and you do not choose an alternative cause, then we reserve the right to re-direct those funds to another similar cause, on your behalf. This is to ensure that useful donation funds are not left dormant.

16. We will not be liable, whether in contract, tort (including negligence) or otherwise:

(a) in respect of any use by you or any other person (whether authorised or not) of your Simply Fundraising Card;

(b) in respect of any purchases you make with the Simply Fundraising Card;

(c) if a retailer or the Card Provider do not give us full information regarding your Qualifying Purchases, in which event we may not be able to make the relevant Contributions;

(d) for any loss or damage caused by anything beyond our reasonable control, such as telecommunications failures, terrorism, natural disaster, severe weather and the like;

(e) for any indirect or consequential loss or damage;

(f) for any loss of profits, loss of opportunity, loss of anticipated savings or other similar loss;

(g) for any amount exceeding the amount of Contributions due in respect of your Qualifying Purchases;

(h) to any other person in relation to this Agreement, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

The above lettered limitations are separate limitations and if any is invalid or unenforceable, the others will remain valid and enforceable.

Nothing in this Agreement limits any rights you have as a consumer to the extent that such rights cannot be limited as a matter of law, nor does it limit our liability for fraud or for death or personal injury caused by our negligence.

17. Privacy and Data Protection

We take privacy and data protection very seriously. We will not pass any information about you on to any third party except:

(a) as part of the registration process, in order to speed up your registration with the Card Provider, we may pass on to the Card Provider the details you have provided when registering with us;

(b) to your Cause where and to the extent that it is necessary for them to have your personal details for the purposes of Gift-Aid;

(c) to your Cause for their donation tracking purposes;

(d) to the extent that we may be lawfully required to do so.

and in registering with Simply Fundraising you agree to us doing so.

We will use your personal data for:

(a) the administration of your participation in the Simply Fundraising programme, including verifying and making Contributions to your Cause;

(b) performing this Agreement;

(c) keeping you updated with developments at Simply Fundraising, and other offers that we think you may want to hear about. If you do not wish to receive such information, please contact customerservices@simplyfundraising.co.uk

(d) When you use the Simply Fundraising website, we may use cookies to maximise your user experience of the site. If you do not wish this to happen, please set your browser accordingly.

18. You must not use your Simply Fundraising Card for any illegal purpose. Nor may you use it in order to raise funds for yourself or anyone connected with you by making Contributions payable to you or anyone connected with you. You must ensure that all information that you submit to us is true, accurate and complete. Failure to comply will result in Simply Fundraising terminating your account immediately and retaining your membership deposit to cover our administration costs.

19. We own all copyright, trade marks and other intellectual property rights relating to Simply Fundraising. You are not permitted to use or reproduce the subject-matter of any such rights unless authorised in writing by us to do so.

20. If you do not comply with the terms of this Agreement, we may suspend or terminate your Simply Fundraising account. We may also inform the Card Provider and request that they de-activate your Simply Fundraising Card.

21. Either party may terminate this Agreement with immediate effect by giving written notice to the other.

22. Any notice to be given by you to us must be sent by pre-paid post or courier to the address set out above or such other address as we may advertise on our website. A notice to be given by us to you must be sent to any of your contact details provided during your registration form, or such other details as you provide when updating your records.

23. We may alter the terms of this Agreement at any time by posting a notice to such effect on our website.

24. This Agreement is the entire agreement between us relating to your participation in Simply Fundraising. Any terms, warranties, conditions, representations or other items not set out in this Agreement, whether express or implied, are excluded.

25. This Agreement, and your participation in Simply Fundraising, is governed by English law and you submit to the exclusion of the English courts in relation to any dispute.

26. If you do not agree to all of the terms set out above, please do not proceed to register at Simply Fundraising. If you do agree, please acknowledge your agreement by clicking on the “I agree” button below, following which you will proceed to the next stage of registration. We recommend that you print out a copy of this Agreement for your records.