PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
TERMS OF WEBSITE USE
OTHER APPLICABLE TERMS
• Our Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
• Our Acceptable Use and Rules Policy, which sets out the permitted uses and prohibited uses of our Site. When registering as an Account Holder or when you Submit User Submissions or link to our Site you must comply with this Acceptable Use and Rules Policy.
INFORMATION ABOUT US
Our Site is operated by Dontsendmeacard.com Ltd. ("We/Our/Us"). We are registered in England and Wales under company number 08697972 and have our registered office at Chichester Place, 18 Southernhay East, Exeter, EX1 1QD.
Our Site is a platform where charities can register and set up accounts (“Account Holders”) to receive donations made by those who access our Site and send e-cards and other electronic greetings via email and social media to third parties and make such a donation to Account Holders instead of and in preference to sending that third party a greetings card, gift and the associated costs of the same (“Contributors”). The promotion of the facility, Account Holders and the management of payment of the gifts are referred to as the “Services”. Through our Site, email, websites, and other media, various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and works (“Content”) is made available. Account Holders, Contributors and other visitors to and users of the Service (“Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. “User Submissions” means any Content Submitted by Users.
CHANGES TO THESE TERMS
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR SITE
We may update our Site from time to time, and may change the content at any time. However, please note that any of the Content on our Site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our Site, or any Content on it, will be free from errors or omissions.
ACCESSING OUR SITE
Our Site is made available free of charge to individuals however we do charge a fee for using our Services as set out below.
We do not guarantee that our Site, or any Content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site.
ACCOUNTS AND PASSWORDS
You may view Content on our Site and contribute to an Account Holder without registering. As a condition of registering with us as an Account Holder, you must be a registered UK charity, select a screen name and password and comply with the rules of registration as set out our Acceptable Use and Rules Policy.
FEES AND PAYMENTS
Registering with and using our Site is free however we do charge a fee for using our Services as set out below. Account Holders are responsible for paying all fees and taxes associated with their use of the Services.
When a Gift is made to an Account Holder using our Services we apply a fee of 5% of the total value of the gift. A minimum Gift amount of £1 per gift and a maximum limit of £999,999,999 per gift apply. Changes to our fees are effective after we provide you with notice by posting the changes on our Site.
Gifts are processed securely through a third-party payments processor (currently PayPal) and Users will as a condition of using the Services need to register for an account with that third party processor and comply with that third party processor’s terms and conditions. Our fees and the fees of the third-party payments processor will be deducted from the Gift.
We do not offer refunds unless a Gift has been processed in error. An Account Holder may repay any Gift to a Contributor at any time and for any reason but this does not affect the fees payable to us or any third-party processor. We do not offer a repay function through our Site or Services.
We reserve the right to cancel a Gift at any time and for any reason.
US ACCOUNT HOLDERS
We accept Account Holders who are registered as charities in the United States of America (“US Charities”).
Gifts to US Charities will be processed using the PayPal third-party payment processor and will be received in USD and our fee will be paid to us in GBP.
Account Holders may register for our standard or premium subscription services. A description of the services is here.
INTELLECTUAL PROPERTY RIGHTS
Except for User Submissions we own or licence of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content or any Account Holder on our Site including but not exclusively by re-posting and linking the content to social media and email messages.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of Content on our site must always be acknowledged.
You must not use any part of the Content on our site for commercial purposes without obtaining permission to do so from us.
Whenever you make use of a feature that allows you to upload User Submissions or other Content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use and Rules Policy.
You warrant that any User Submissions comply with the standards set out in our Acceptable Use and Rules Policy and agree that you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
User Submissions will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such Content as required for the performance of the Services or for any purpose.
We have the right to disclose your identity to any third party who is claiming that any User Submissions by you to our Site constitute a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the Content or accuracy of any User Submissions posted by you or any other user of our Site.
We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use and Rules Policy.
The views expressed by other users on our Site do not represent our views or values.
NO RELIANCE ON INFORMATION
The Content on our Site is provided for general information only. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the Content on our Site is accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any Content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our Site;
• or use of or reliance on any Content displayed on our Site.
We only provide our Site for the uses specified in these Terms. You agree that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
You must not misuse our Site 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 our site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
LINKING TO OUR SITE
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our or any Account Holder’s reputation or take advantage of it. When you access third-party websites, you do so at your own risk. Those other websites are not under our control, and you acknowledge that we are not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to our Site does not imply endorsement by or affiliation with us. You further acknowledge and agree that we shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use and Rules Policy.
If you wish to make any use of Content on our Site other than that set out above, please contact firstname.lastname@example.org.
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
To contact us, please email email@example.com.
Thank you for visiting our Site.