GoRaise Terms & Conditions

FUNDRAISE LTD is a company registered in England and Wales under company number 09381335, whose registered office is at 62 Stakes Road, Purbrook, Waterlooville, Hampshire, England, PO7 5NT which operates www.goraise.co.uk (the ‘Site’) (hereinafter referred to as ‘GoRaise’ or ‘We’).

We set out the following terms and conditions upon which GoRaise offers a GoRaise Supporter (or a GoRaise Supporter Representative) or a GoRaise Cause (herein referred to as ‘You’ and ‘Your’) a licence to use the Site and the GoRaise Services (“GoRaise Services”) to shop and to participate in opportunities to FUNDRAISE (the ‘Terms’).

These GoRaise Terms incorporate our Cookie Policy, Website Terms of Use, Privacy Policy and any Additional Terms (as applicable from time to time) by this reference (collectively called the ‘GoRaise Licence’). These GoRaise Terms shall remain in full force and effect to the extent that a GoRaise Supporter or a GoRaise Cause makes use of the Site and the GoRaise Services unless terminated by You or by GoRaise in accordance with the GoRaise Terms herein.

  1. DEFINITIONS

    The definitions to be read with these GoRaise Terms are set out in full at Clause 22.

  2. GENERAL
    1. By using the Site to access any of the GoRaise Services, You expressly agree to be bound by these GoRaise Terms and all applicable Legislation and Codes governing the Site and the GoRaise Services. These GoRaise Terms form a legally binding agreement between You and GoRaise in relation to Your use of the GoRaise Services and applies to all GoRaise Supporters and/ or GoRaise Causes as applicable who may also be contributors of UGC posted or displayed on the Site.
    2. You should read these GoRaise Terms carefully and ensure that You understand the effect before proceeding to use the GoRaise Services. If You disagree with any part of these GoRaise Terms, do not use the Site to access and use the GoRaise Services.
    3. GoRaise reserves the right to change these GoRaise Terms at any time (e.g. to reflect changes in the law or to introduce Additional Terms) including without limitation, the removal, modification and/or variation of any elements, features and functionalities of the Site. Any changes We may make to these GoRaise Terms in the future will be posted on this page and, where appropriate, notified to You by SMS or by email or, when You next log in to the Site, the revised terms may be displayed on-screen and You may be required to read and accept them in order to continue. You agree that GoRaise will treat Your use of the Site and/or the GoRaise Services as acceptance of these GoRaise Terms including Your continued use subsequent to any changes being posted on the Site.
  3. REGISTRATION AS A GoRaise SUPPORTER OR A GoRaise CAUSE
    1. A GoRaise Supporter may be an individual or a business. A GoRaise Cause must provide accurate and detailed information in respect of the GoRaise Cause Purpose.
    2. To make optimum use of the Site and the GoRaise Services, a GoRaise Supporter (or a GoRaise Supporter Representative) or a GoRaise Cause must complete an online registration form to activate a GoRaise Account and a GoRaise Login and to accept the terms of the GoRaise Licence and must:
      1. be aged 16 years or older;
      2. reside permanently in the United Kingdom; and,
      3. have a bank account active in its own name for the purpose of receiving CashBack (as a GoRaise Supporter) or Donations (as a GoRaise Cause). Such payment shall be made via BACS or cheque.
    3. It is in GoRaise’s absolute discretion to decide if You qualify upon application for registration (or continue to qualify) as a GoRaise Supporter or a GoRaise Cause who is eligible to participate in fundraising via the Site. You must comply with all requests that GoRaise may make for e.g. proof of status and identity and provide any documentation that GoRaise deems relevant to confirm compliance with the GoRaise Terms herein (notwithstanding that GoRaise has no legal obligation, duty or responsibility to investigate or ascertain the same). GoRaise reserves the right to decline any application for registration and to revoke the same at any time, with or without notice or cause and in its entire sole discretion.
    4. The Personal Data that You provide must be true, accurate and complete at all times. It is Your responsibility to inform us of any changes to the information You have provided to us. Changes can be made in Your GoRaise Account or by sending an email to us at support@GoRaise.co.uk.
    5. If You are not acting in the capacity of an individual and You are registering on behalf of a business entity, You represent and warrant that You have authority to bind that entity to these GoRaise Terms. Without prejudice to Your warranty, We reserve the right to ask You for written authority from the business entity before registering any business entity.
    6. Upon successfully registering, You will receive a link in an email which requires You to click on it to verify Your email address. This helps us to reduce spam. You will be transferred back to the Site where You can enter Your email and password. Once verified successfully, Your password and email address will represent Your GoRaise Login which You can use to access Your GoRaise Account via the Site in accordance with these GoRaise Terms.
    7. GoRaise Supporters may begin making Donations to the GoRaise Cause within approximately 48 hours following the GoRaise Cause’s receipt of an email from GoRaise stating that the GoRaise Cause application for registration has been successful.
    8. You will keep Your GoRaise Login relevant to the Site and the GoRaise Services confidential and not reveal it to anyone else. You are responsible for all activities that are carried out under Your GoRaise Login. We will not be liable where Your GoRaise Login is unlawfully used by another.
    9. You agree to notify GoRaise immediately by email to support@GoRaise.co.uk of any unauthorised use of Your GoRaise Login or GoRaise Account of which You become aware (with “IMPORTANT” in the subject line). You will not create additional accounts for the purpose of abusing the functionality of the Site or other registered GoRaise Supporters, GoRaise Causes or for any other reason in breach of these GoRaise Terms.
    10. Although GoRaise cannot monitor the conduct of GoRaise Supporters and GoRaise Causes off the Site, it is a violation to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any GoRaise Supporter or GoRaise Cause without their prior explicit consent.
    11. You may not transfer ownership or sell Your GoRaise Account to a third party.
    12. Should We need to contact You regarding Your GoRaise Account, You are required to respond to us within one hundred-and-sixty-eight (168) hours. Failure to do so, may affect a GoRaise Cause’s eligibility to have Donations paid over to it or a GoRaise Supporter’s eligibility to have Donations GoRaised on its’ behalf or to receive CashBack instead (in part or in whole).
  4. OVERVIEW OF THE GoRaise SERVICES & SITE FOR A GoRaise SUPPORTER
    1. As an intermediary host advertiser and provider of the GoRaise Services via the GoRaise Site, GoRaise is dedicated to facilitating an exclusive online fundraising venue whereupon GoRaise Supporters can FUNDRAISE for GoRaise Causes. GoRaise Supporters can register on the Site, choose a GoRaise Cause, make a purchase from a GoRaise Retailer via the Site and consequently GoRaise Funds a portion of which are converted in to Donations to be received by a relevant GoRaise Cause (which has also successfully registered on the Site).
    2. If a GoRaise Supporter chooses not to make a Donation, Clause 4.3 explains how a CashBack claim can be made instead leaving You free to decide whether to donate the Donation amount to another good cause which does not feature on the Site or to retain it.
    3. Requesting CashBack: Subject to acceptance of the terms of the GoRaise Licence, a GoRaise Supporter has the option to request that a Donation is not made to their chosen GoRaise Cause and instead, request that all or part of the amount allocated to make-up the potential Donation be paid to the GoRaise Supporter as CashBack. Any Funds GoRaised as a result of a Qualifying Transaction are held by the relevant GoRaise Retailer and are then transferred to GoRaise for onward distribution. The amount of the Fund allocated to make up the Donation amount legally remains to the GoRaise supporter up to the point it becomes payable to the GoRaise Cause which is at the end of each Quarterly Period. In order to receive CashBack instead, a GoRaise Supporter must notify GoRaise by email to support@GoRaise.co.uk (with “CASHBACK” in the subject line) no later than seven (7) Business Days prior to each Quarter Start Date. We will then arrange for this payment to be made to You. For the avoidance of doubt, any Donations already paid to a GoRaise Cause cannot be revoked and repaid to You. Please note that CashBack payments are subject to a Minimum CashBack Threshold of fifteen pounds (£15.00).
    4. A GoRaise Supporter may also be able to make a Gift Aid Declaration in respect of Donations in accordance with Clause 11.
    5. Making a Donation: In order to make a Donation, please consult our FAQs but in brief, all You have to do is take the following steps:
      1. find a GoRaise Cause on the Site (or if You don’t have one, You can donate to the “GoRaise Cause of the Month”);
      2. create a GoRaise Account by entering Your name, email address and password and agree to and accept the GoRaise Terms of the GoRaise Licence;
      3. browse or search the GoRaise Retailers and their associated GoRaise Retailer Deals on the relevant GoRaise Retailer Pages on the Site and make a purchase. The GoRaise Retailer will reward Your loyalty by providing for a Fund amount to be GoRaised out of Your purchase monies on Your behalf which (once received by GoRaise from the GoRaise Retailer for onward distribution) will be converted in part to a Donation to be donated to Your GoRaise Cause (unless You request CashBack).
    6. Please note that GoRaise converts a minimum of fifty percent (50%) of the Funds provided to it by the GoRaise Retailer on the GoRaise Supporter’s behalf in to a Donation
  5. GoRaise EXTENSION & GoRaise EXTENSION LICENSED RIGHTS & GoRaise MARKETING TOOLKIT
    1. When using the Site, GoRaise provides You with the opportunity to download and install a browser extension in the form of a toolbar (‘GoRaise Extension’) which will serve as a Donation reminder tool. If You choose to download and install this GoRaise Extension, it will be installed in Your web browser only on Your desktop. To do this, You can either visit a Webstore direct which promotes, hosts and publishes our GoRaise Extension on their browser platform or click on the option on the Site whereupon You will be redirected to the relevant Webstore. At the Webstore, simply follow the online instructions to effect a successful download and installation.
    2. We grant to You a non-exclusive, worldwide, and perpetual licence to perform, display, and use the GoRaise Extension and any content contained in, accessed by, or transmitted through the GoRaise Extension in connection with the relevant Webstore (‘GoRaise Extension Licensed Rights’). The GoRaise Extension Licensed Rights granted to You shall terminate when GoRaise or the Webstore stop providing You with the GoRaise Extension. Any GoRaise Extension Licensed Rights in respect of the GoRaise Extension shall be subject to any rules or policies applied by any Webstore provider or operator from whose browser the GoRaise Extension operates on and from whose browser the GoRaise Extension is downloaded from (‘Webstore Rules’). For the avoidance of doubt, We do not sell the GoRaise Extension to You. We remain the owners of the GoRaise Extension at all times and the Webstore and You are licensees.
    3. We further grant You a non-exclusive, worldwide, and perpetual licence to perform, display, and use the GoRaise Marketing Toolkit and any content contained therein for the sole purposes of providing You with enhanced DIY GoRaise Services.
  6. GoRaise RETAILERS & GoRaise RETAILER AFFILIATE NETWORK
    1. Purchases made by GoRaise Supporters are tracked by the GoRaise Retailer Affiliate Network. A Fund may be GoRaised for conversion to a Donation provided a Qualifying Transaction has been completed. For the avoidance of doubt, no Funds shall be GoRaised or Donation be payable in respect of any purchase that does not constitute a Qualifying Transaction.
    2. Provided GoRaise have an affiliate relationship with the relevant GoRaise Retailer, a “Qualifying Transaction” occurs when:
      1. a GoRaise Supporter clicks through to a product on the GoRaise Retailer Site from the Site; and,
      2. without clicking out to another website, goes on to purchase and pay for a product which is subject to a GoRaise Retailer Deal; and,
      3. that product is delivered; and
      4. the product is not subsequently the subject of a refund in accordance with the relevant GoRaise Retailer’s Terms.

      For the avoidance of doubt, a Qualifying Transaction operates on a last click basis i.e. if a GoRaise Supporter clicks out directly from the GoRaise Site to a GoRaise Retailer Site but prior to actually making the purchase, momentarily diverts to a third party website before completing the purchase, such purchase shall not constitute a Qualifying Transaction.

    3. The amount of Fund GoRaised by a GoRaise Retailer may be increased or decreased at any time and at the discretion of the GoRaise Retailer which will impact on the Donation amount making these amounts variable. Some GoRaise Retailers may not GoRaise a Fund for repeat purchases and We have no control over this.
    4. The raising of the Fund and consequently, the procuring of a Donation (or a CashBack opportunity) as well as the confirmation that there exists a Qualifying Transaction relies solely on the actions and/ or omissions of the GoRaise Retailer and their GoRaise Retailer Affiliate Network (who are responsible for collating data in respect of the tracking, recording and reporting on all Qualifying Transactions) and their respective trading terms i.e. the GoRaise Retailer Terms including terms relating to refunds, returns and exchanges and the GoRaise Retailer Affiliate Network’s terms of business.
    5. We will use reasonable endeavours to claim and recover non-payment of Funds from the GoRaise Retailer but shall not be obligated to do so as the decision of the GoRaise Retailer Affiliate Network and the GoRaise Retailer shall be final. In the event that Funds are not received when ordinarily due but are recovered at a later date, the relevant Donation will be made to the relevant GoRaise Cause or a CashBack request shall be satisfied under the GoRaise Terms herein.
    6. You release, acquit and forever discharge GoRaise from any and all Claims asserted against, or Losses suffered by You (actual and consequential, direct or indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with a Qualifying Transaction and the actions or omissions of the GoRaise Retailer and their GoRaise Retailer Affiliate Network in respect thereof.
    7. GoRaise Supporters who purchase products from a GoRaise Retailer are the customers of the relevant GoRaise Retailer with respect to all activities that they undertake on the GoRaise Retailer Site. Accordingly, the GoRaise Retailer Terms shall apply to the purchase.
    8. IMPORTANT: GoRaise provides an exclusive venue through which GoRaise Causes, GoRaise Retailers and GoRaise Supporters can co-exist. For the avoidance of doubt, the transaction relating to a Qualifying Transaction takes place off the Site directly between the GoRaise Supporter and the relevant GoRaise Retailer. GoRaise Supporters and GoRaise Causes acknowledge that:
      1. GoRaise is likely to have many GoRaise Supporters, GoRaise Causes and GoRaise Retailers featured on the Site concurrently;
      2. GoRaise do not always vet GoRaise Supporters, GoRaise Causes and GoRaise Retailers (although We use our reasonable endeavours to ensure that all GoRaise Retailers are of good and reputable standing and all GoRaise Causes are bond fide);
      3. GoRaise Supporters cannot always determine the earning or fundraising potential of a Qualifying Transaction as GoRaise Retailers can set their fundraising levels at their discretion which may differ across different product ranges and may also be adjusted at their discretion;
      4. due to potential changes in fundraising levels amongst GoRaise Retailers and across product ranges, GoRaise cannot constantly monitor the activities of GoRaise Retailers and cannot therefore necessarily display accurate results in real-time on the Site which shall be provided for guidance only;
      5. GoRaise Retailers can further make changes to their GoRaise Retailer Terms at any time at their sole discretion which may affect the level of Funds GoRaised and thus the Donation amount;
      6. GoRaise do not check, audit, monitor or control: the identity, credit worthiness or bona fides of GoRaise Retailers, the security of GoRaise Retailer Sites or the accuracy of the information published on GoRaise Retailer Sites or GoRaise Retailer Pages;
      7. The GoRaise Retailer Affiliate Networks are solely responsible for the tracking, reporting and accrual of Funds GoRaised against a Qualifying Transaction; and,
      8. GoRaise are not party to any contract in respect of the sale or purchase of products entered into between You and a GoRaise Retailer.

      Accordingly, GoRaise will not be liable to You in relation to any Losses arising out of:

      1. a GoRaise Retailer Site;
      2. a GoRaise Retailer act or omission;
      3. a GoRaise Retailer Deals;
      4. a GoRaise Retailer Terms;
      5. a GoRaise Retailer Affiliate Network act or omission;
      6. any Funds not paid out by a GoRaise Retailer to GoRaise; or,
      7. any underpayment of Funds due to a GoRaise Retailer exercising its right to vary a Fund; or all of which are at Your own sole risk.
    9. The GoRaise Services offer no advice, recommendations, endorsements or legal representation under any circumstances.
    10. You shall not misrepresent or embellish the relationship between GoRaise and You or You and a GoRaise Retailer (including expressing or implying that GoRaise support, sponsor or endorse any particular GoRaise Cause or GoRaise Retailer and their associated products), or express or imply any relationship or affiliation between us and You, any GoRaise Retailer or other person or entity except as expressly permitted by this GoRaise Licence.
  7. IP LICENCE & PUBLICITY
    1. When using the Site and the GoRaise Services, if You make use of a feature that allows You to publish any UGC via the Site by way of uploading text, comments, links, photos or otherwise contributing to publicly accessible areas of the Site, You automatically grant:
      1. to GoRaise, a worldwide, non-exclusive, royalty-free, perpetual, transferable licence (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that UGC, or any part of it, and the Intellectual Property Rights therein, in connection with the provision, publicity and promotion of, the GoRaise Services, including without limitation the promotion and redistribution of all or part of Your UCG (and derivative works thereof) in any media formats and through any media channels;
      2. to each GoRaise Supporter or GoRaise Cause, a worldwide, non-exclusive, royalty-free licence to access Your UGC on the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of the GoRaise Services and under these GoRaise Terms.

      (‘IP Licences’)
      ‘Publicly accessible’ areas of the Site are intended by GoRaise to be available to all GoRaise Supporters and GoRaise Causes of the Site as well as GoRaise (save for that UGC which can be accessed indirectly via the worldwideweb search engines), however, only limited functionality may be available to those who have not registered as GoRaise Supporters or GoRaise Causes. For example, a GoRaise Visitor who does not register on the Site will not be a verified user and will therefore be unable to access most of the GoRaise Services.

    2. You can contact GoRaise by email to support@GoRaise.co.uk to request removal or deletion of UGC. GoRaise Supporters can also select an option in the GoRaise Account to remain anonymous in respect of the leaderboard.
    3. GoRaise does not guarantee any confidentiality with respect to UGC and You understand and agree that You are solely responsible for Your own UGC and the consequences of posting or publishing it. GoRaise do not claim ownership of the UGC You submit or make available for inclusion on the Site. You retain all of Your ownership rights in Your UGC but You grant the limited IP Licences set out in Clause 7.1 (a) and (b).
    4. In addition to the IP Licences granted above, a GoRaise Cause hereby grants to GoRaise a non-exclusive, non-transferable, personal, limited licence to use the Marks during the Term solely in connection with its responsibility to perform the GoRaise Services pursuant to the GoRaise obligations hereunder.
  8. GoRaise SUPPORTER & GoRaise CAUSE OBLIGATIONS
    1. The GoRaise Supporter and the GoRaise Cause must comply with all the GoRaise Terms herein and conduct all use of the GoRaise Services in compliance with the applicable Legislation and Codes.
    2. Neither party shall:
      1. attempt to artificially increase Funds GoRaised hereunder;
      2. purchase or register any trade marks, search engine keywords, AdWords, search terms or other identifying terms that include the names of any GoRaise Retailer or the word “GoRaise” or any similar or confusingly similar names or words or any derivative thereof;
      3. take any action that could reasonably cause any party confusion as to GoRaise’s relationship with that party.
  9. GoRaise OBLIGATIONS
    1. GoRaise agrees to:
      1. provide the GoRaise Services with all due care, skill and ability;
      2. devote as much time to the provision of the GoRaise Services as may be necessary for their proper performance;
      3. conduct all GoRaise Services in accordance with the applicable Legislation and Codes;
      4. provide promptly and give all such information as may reasonably be requested or required in connection with the provision of the GoRaise Services; and,
      5. provide a response in a timely manner to any requests for technical support (in relation to the use of the Site only).
  10. FUNDS, DONATIONS & SETTLEMENT
    1. Upon the completion of a purchase between a GoRaise Supporter and a GoRaise Retailer, We will update the relevant GoRaise Account of a GoRaise Supporter to reflect the Donation which shall potentially be donated by that GoRaise Supporter. The processing of Donations shall take place (and be displayed on the GoRaise Site) within a reasonable time subject to the relevant GoRaise Retailer Terms at all times. All amounts at this stage shall be estimations only and are subject to increase or decrease pending the actions of a GoRaise Retailer and whether the purchase is certified by the GoRaise Retailer Affiliate Network as a “Qualifying Transaction” and payment of Funds are provided to GoRaise and received by GoRaise in full and cleared funds from the GoRaise Retailer Affiliate Network on behalf of the GoRaise Retailers.
    2. The total amount of Funds payable by a GoRaise Retailer to GoRaise in respect of a Qualifying Transaction shall be established by the relevant GoRaise Retailer, and the GoRaise Retailer Affiliate Network. The GoRaise Retailers make payment of the Funds to the relevant GoRaise Retailer Affiliate Networks who collate all Funds prior to confirming Funds payable to GoRaise and making payment to GoRaise. Once the Funds payable to GoRaise have been confirmed, We will indicate the confirmed Donation amount GoRaised by the GoRaise Retailer on Your behalf in Your GoRaise Account.
    3. The GoRaise Supporter hereby authorises GoRaise to charge and collect the Funds on its’ behalf. GoRaise shall be entitled to retain a GoRaise Fee in partial consideration for the GoRaise Services it performs under this GoRaise Licence. GoRaise shall pay to the GoRaise Cause a Donation amount equal to the Gross GoRaise Funds collected by GoRaise less any amounts GoRaise is entitled to in connection with this GoRaise Licence by way of GoRaise Fees.
    4. If We calculate that a GoRaise Cause has more than the Minimum Donation Threshold due to be paid to it by the end of a Quarterly Period, such Donations shall be paid to the relevant GoRaise Cause within 10 days after the end of the Quarterly Period. If We calculate that less than the Minimum Donation Threshold has been GoRaised, the balance will be carried forward and may become payable in respect of the subsequent quarterly payment period.
    5. Each GoRaise Cause can elect to be paid by by BACS or cheque. If a cheque has been used, the relevant GoRaise Cause shall use its best endeavours to ensure that the cheque has been cashed within twelve (12) months failing which GoRaise reserves the right to revoke it. Where a cheque is cancelled, GoRaise shall be entitled to distribute the Donations to any GoRaise Cause of its choosing at its sole discretion.
    6. We reserve the right to reclaim or make balance adjustments (accordingly where it has been established that any Fund or Donation has been applied or distributed in error) or suspend or withhold any potential CashBack payments or potential Donation payments at any time which may be payable by GoRaise to a GoRaise Supporter or a GoRaise Cause respectively in any circumstances at GoRaise’s reasonable discretion including where:
      1. GoRaise considers in its reasonable opinion that a party is in breach of the GoRaise Terms of this GoRaise Licence;
      2. no Qualifying Transaction results for any reason or it is considered that a so-called Qualifying Transaction is a suspicious one;
      3. the Funds GoRaised are subject to investigation or are subsequently cancelled or are the subject of a chargeback request from either the GoRaise Supporter or GoRaise Retailer;
      4. a GoRaise Retailer fails to pay the Fund amount inclusive of the Donation amount due to insolvency or any other reason which has left it otherwise unable to pay its debts as they fall due including cessation of trading;
      5. there is a suspicion of dishonesty or a fraudulent activity.
    7. In the event that a Donation is unpaid in circumstances where You believe it is in fact due and payable, You can put this in writing to us stating clearly why You think a Donation is so due and payable and We shall use reasonable endeavours to try to investigate this for You with the relevant GoRaise Retailer concerned based on the information You provide to us. We are under no obligation legal or otherwise to do so and We cannot guarantee payment nor compel a GoRaise Retailer to make any payment.
    8. Donation and CashBack amounts must meet or exceed the Minimum Donation Threshold and the Minimum CashBack Threshold respectively. The Threshold for Causes is £15 and for Challengers is £2
    9. VAT: For the avoidance of doubt, no VAT is payable on Donations i.e. Fund amounts and Donation amounts are calculated exclusive of VAT.
  11. GIFT AID
    1. Provided the GoRaise Cause is eligible, GoRaise Supporters can make a Gift Aid Declaration which shall permit the relevant GoRaise Cause to claim Gift Aid i.e. to claim back tax already paid out by a GoRaise Supporter.
    2. To make a Gift Aid Declaration, the GoRaise Supporter simply needs to satisfy the Gift Aid Scheme Criteria and tick the box on the Site to confirm this, failing which, the requisite and necessary GoRaise Supporter consent shall not be declared and the relevant GoRaise Cause cannot claim Gift Aid in respect of a Donation. For the avoidance of doubt, the GoRaise Supporter is responsible for the provision of information to HMRC in relation to the Gift Aid Declaration.
    3. The information provided in relation to a Gift Aid Declaration is confidential and GoRaise will only share this with a GoRaise Cause if the same are eligible who may in turn then pass such information on to HMRC.
    4. Note that if a GoRaise Supporter has previously donated monies under a Gift Aid Declaration on this Site or elsewhere, further donations can be made provided that the Gift Aid Scheme Criteria continues to be satisfied i.e. the income tax paid out has been equal to, or more than, the tax being reclaimed by the GoRaise Cause.
  12. COMPLAINTS

    GoRaise tries to meet the highest standards when providing the Site and the GoRaise Services. We take any Complaints We receive about this very seriously. We encourage GoRaise Supporters to bring any Complaints to our attention and We welcome any suggestions for improving our procedures. We will try and solve any disagreements quickly and efficiently. If You are not happy with the way GoRaise deals with any Complaint and You wish to take court proceedings, You must do this within England. Relevant English law will apply to these GoRaise Terms in accordance with Clause 21. You can contact GoRaise by email to support@GoRaise.co.uk.

  13. CANCELLATION, SUSPENSION AND TERMINATION
    1. Cancellation of a GoRaise Account: You must contact GoRaise by email to support@GoRaise.co.uk with “CANCELLATION REQUEST” in the subject line to request cancellation of Your GoRaise Account and deactivation of Your GoRaise Login. We shall use our reasonable endeavours to deactivate Your GoRaise Account within a reasonable time from receipt of Your request.
    2. Suspension or Termination of a GoRaise Account: GoRaise reserves the right to suspend or terminate (and deactivate) a GoRaise Account at any time (and any and all accounts by virtue of association) immediately with or without written notice and at its sole discretion and without liability for any reason whatsoever (and is not obliged to disclose the reason) including if:
      1. You are deemed to be in breach of any Terms of the GoRaise Licence and GoRaise considers such breach to be irremediable; or,
      2. the Site is undergoing maintenance in accordance with the Website Terms of Use; or,
      3. Your GoRaise Account has been inactive for in excess of six (6) months.
    3. Such termination or suspension shall not affect the coming into force, or the continuance in force of, any provision which is expressly or by implication intended to come into, or continue in force on or after, such expiry or termination.
    4. GoRaise reserves the right to delete Your GoRaise Account after a six (6) month long continuous period of inactivity which means that You will no longer be eligible to GoRaise Funds, have Donations made or request CashBack. In order for Your GoRaise Account to remain active, You must log in and GoRaise Funds at least once in six (6) months.
    5. If You violate these GoRaise Terms, GoRaise reserves the right at its sole discretion to take appropriate legal action against You.
  14. EFFECT OF CLAUSE 13
    1. In the event that the GoRaise Account of a GoRaise Cause is terminated hereunder, unless prevented by legal authority, GoRaise shall continue to be under an obligation to pass on Donations to the relevant GoRaise Cause up to the date of termination provided that the same have been received for distribution by GoRaise from a GoRaise Retailer and the Minimum Donation Threshold is achieved.
    2. In the event that the GoRaise Account of a GoRaise Supporter is terminated hereunder, unless prevented by legal authority, GoRaise shall continue to be under an obligation to pay to the relevant GoRaise Supporter any CashBack that has been received by GoRaise for distribution from a GoRaise Retailer by way of Funds provided that such request has been received in accordance with the GoRaise Terms herein and prior to the date of termination and the Minimum CashBack Threshold is achieved
    3. Upon termination, the following shall cease:
      1. any licenced rights granted to GoRaise by a GoRaise Cause permitting GoRaise to use its Marks pursuant to Clause 7.4;
      2. any licenced rights granted by GoRaise to a GoRaise Supporter in respect of the GoRaise Extension pursuant to Clause 5.2; and,
      3. any licenced rights granted by GoRaise to a GoRaise Supporter in respect of the use of the GoRaise Marketing Toolkit pursuant to Clause 5.3.
  15. PRIVACY AND CONFIDENTIALITY

    GoRaise Supporters hereby agree that by releasing any materials (whether including personal details or not) on or via the Site, You acknowledge that You are wilfully providing the same. As a GoRaise Supporter, You understand that by accepting these GoRaise Terms, You agree that GoRaise are not responsible for any advice or information disclosed as between a GoRaise Supporter and a GoRaise Retailer or GoRaise Cause and that by releasing Your details, You do so at Your own risk and by doing so, it is understood that You hereby forfeit Your privacy and anonymity to the extent You disclose the same and to the extent necessary to utilise the GoRaise Services. These GoRaise Terms incorporate our Privacy Policy and Cookie Policy by these references which apply in full to Your use of the Site and the GoRaise Services.

  16. DATA PROTECTION

    In respect of any Personal Data (as defined in the Data Protection Act 1998 (the ‘1998 Act’)) processed by GoRaise pursuant to the GoRaise Services, GoRaise warrants and undertakes that it complies, and will continue to comply with, all applicable Data Protection Legislation, including the 1998 Act, any regulations made thereunder and any guidance notes or guidelines issued by the Information Commissioner; and, shall comply at all times with the terms and conditions of the Privacy Policy and the Cookie Policy. GoRaise may release GoRaise Supporter information if required by law, or if the information is necessary or appropriate to release to deal with an unlawful or harmful activity.

  17. WARRANTIES AND INDEMNITIES
    1. GoRaise facilitates the Site and consequently, GoRaise cannot transfer legal ownership of a product and cannot make any guarantees to a GoRaise Supporter who enters in to a Qualifying Transaction at their own risk. For the avoidance of doubt, GoRaise:
      1. has no control over the quality, morality, safety or legality of a product;
      2. is not legally privy to any Qualifying Transaction that may ensue from a purchase of a product;
      3. does not guarantee that any minimum or fixed number of products shall be made available by a GoRaise Retailer;
      4. does not guarantee on behalf of the GoRaise Retailer, GoRaise Supporter or GoRaise Cause that the product information published is valid and accurate;
      5. does not guarantee that any guide provided in respect of the anticipated level of a Donation displayed on the Site will be accurate or not fluctuate;
      6. does not guarantee that the GoRaise Retailer will honour the purchase of a product or the payment of a Fund and thus the making of a Donation; and,
      7. does not guarantee that interruptions of service on the Site or the GoRaise Retailer Site or throughout the worldwideweb will not occur at any time.
    2. As a GoRaise Supporter (including a GoRaise Supporter Representative) or a GoRaise Cause, You warrant, represent and undertake to GoRaise that:
      1. You are at least 16 years of age;
      2. You will keep Your GoRaise Login details (as applicable), secure and confidential;
      3. You will comply at all times with Your obligations set out at Clause 8;
      4. all information submitted to the Site by You is true, accurate and complete in all respects (as it is understood and accepted that You shall accept all liability for any error, omission or misrepresentation); and,
      5. You are solely responsible for any breach of Your obligations under these GoRaise Terms due to Your act, omission, default or Your failure to comply with any of Your obligations under these GoRaise Terms and for the consequences of any such breach or failure.
    3. We make no warranty, and hereby further expressly disclaim any liability to You and You agree that You have no claim against GoRaise in connection with any Claims asserted against, or Losses suffered by You:
      1. due to Your breach of the warranties at Clause 17.2 or for any reason listed at Clause 17.1;
      2. due to the acts, omissions and conduct of any GoRaise Supporters, GoRaise Causes, GoRaise Retailers and the GoRaise Retailer Affiliate Networks in connection with or otherwise related to Your use of the Site, the GoRaise Services and/ or the GoRaise Extension;
      3. for any mis-descriptions, misrepresentations, inaccuracy or incompleteness in respect of the product descriptions as described by GoRaise Retailers or GoRaise Supporters (whether innocent, negligent or fraudulent);
      4. for any misrepresentations (whether innocent, negligent or fraudulent) in respect of Gift Aid Declarations made by a GoRaise Supporter;
      5. due to the GoRaise Retailer’s failure to perform, or delay in performance of, any of its obligations under the GoRaise Retailer Terms pursuant to a Qualifying Transaction;
      6. due to Your failure or inability to use the GoRaise Services or any Site or GoRaise Extension functionality at any point in time, or, where the GoRaise Services are unavailable at any time for any period;
      7. connected to any linked third party website or any statements, information, content, products or services that are published on, or may be accessible from, any linked third party website including any third party customer/ client facing policies/ contractual terms;
      8. due to any changes which GoRaise may make to the GoRaise Services, or for any permanent or temporary cessation in the provision of the GoRaise Services (or any features within the GoRaise Services);
      9. the deletion of, corruption of, or failure to store, any UGC and other communications data maintained or transmitted by or through Your use of the GoRaise Services;
      10. due to any errors or omissions in our Site or in relation to any reliance placed by You on any content on the Site or accuracy thereto; and,
      11. due to any unauthorised access or loss of Personal Data that is beyond our control.
    4. You shall indemnify and hold harmless GoRaise on demand, and shall keep GoRaise fully and effectively indemnified against any and all Losses imposed on, incurred by, or Claims asserted against GoRaise, arising out of or in connection with Your use of the GoRaise Services in breach of the GoRaise Licence.
    5. Subject to Clause 17.7, We shall in no circumstances be liable to You in contract, tort (including negligence), breach of statutory duty or otherwise for any and all Losses suffered by You or Claims asserted against You including consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the Site or the GoRaise Services.
    6. You agree that monetary damages may not provide a sufficient remedy to GoRaise for violations of the terms of the GoRaise Licence and You consent to injunctive or other equitable relief for such violations at the discretion of GoRaise.
    7. Nothing in these GoRaise Terms is intended nor shall it be construed as an attempt by any party to exclude or limit any liability for:
      1. fraudulent misrepresentations;
      2. any liability where the law does not permit such exclusion of liability; and,
      3. death or personal injury arising from negligence.
    8. GoRaise’s total aggregate liability to each GoRaise Supporter or GoRaise Cause shall be limited to the lower of: (a) fifty percent (50%) of the total amount of Donation(s) that GoRaise has paid over to, or is lawfully due to pay over to, the relevant GoRaise Cause(s) in respect of the Donation giving rise to the Claim in the six (6) months immediately preceding the Claim; and, (b) £25.
    9. Subject to Clause 17.7 and except as expressly set out in these GoRaise Terms, GoRaise gives no warranties and excludes all other express or implied terms, conditions and warranties.
  18. ENTIRE TERMS

    These GoRaise Terms incorporate the Privacy Policy, the Website Terms of Use, the Cookie Policy and any Additional Terms (as applicable from time to time) by this reference which together constitute the entire agreement between You and GoRaise in relation to Your use of the Site and/ or the GoRaise Services and supersedes any prior representations, inducements or agreements relating to its subject matter.

  19. ASSIGNMENT

    These GoRaise Terms shall be personal to You and You may not assign, transfer or delegate all or any of Your rights and obligations, without GoRaise’s prior written consent. GoRaise reserves the right to assign or transfer all or any of its rights and obligations under these GoRaise Terms to any companies in the same group as GoRaise or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.

  20. GENERAL
    1. These GoRaise Terms govern the relationship between GoRaise and You. They do not create any third party beneficiary rights.
    2. If You do not comply with these GoRaise Terms and We do not take action immediately, this doesn’t mean that We are giving up any rights that We may have (such as taking action in the future).
    3. If it turns out that a particular term is not enforceable, this will not affect any other terms.
    4. If either party is unable to perform any obligation under these GoRaise Terms due to a Force Majeure Event, that party’s failure to perform that obligation shall not constitute a breach or default under these GoRaise Terms.
  21. LAW AND JURISDICTION

    All of these GoRaise Terms are governed by English Law and any disputes arising in relation to these GoRaise Terms and/or the Site are subject to the exclusive jurisdiction of the English Courts.

  22. DEFINITIONS

    In these GoRaise Terms (except where the context otherwise requires) the following words shall have the following meanings:

    Additional Terms: refers to the additional terms, conditions or policies that may apply to any of the GoRaise Services as between GoRaise and You from time to time as part of the GoRaise Licence e.g. prize draw/ competition terms.

    Business Day: any day (other than a Saturday or Sunday) when banks are generally open for normal business in the UK.

    CashBack: as described at Clause 4.3.

    CashBack Payment Request: refers to a request by a GoRaise Supporter sent via the functionality provided on the Site to receive CashBack instead of making a Donation in whole or in part.

    Claims: means all demands, claims and liability (actual and consequential and direct and indirect and whether known and unknown, suspected and unsuspected, disclosed and undisclosed, criminal or civil, in contract, tort or otherwise for all Losses including any other expenses of any nature whatsoever.

    Codes: refers to all applicable codes governing standards (including for these purposes ancillary guidance notes and advice) published by regulatory authorities or other industry professional bodies and to be construed so as to include any and all references to any amendments, modifications or consolidations constituting the most up-to-date versions thereof.

    Complaint: means any dissatisfaction expressed by, or any complaint made by You against GoRaise in connection with the provision of the GoRaise Services.

    Data Protection Legislation: means all applicable data protection laws, regulations, legislative and regulatory requirements and codes of practice.

    Donation(s): refers to the amounts allocated to be donated to a relevant GoRaise Cause out of the Fund(s).

    Force Majeure Event: any event arising that is beyond the reasonable control of the affected party (including any industrial dispute affecting any third party, governmental regulations, fire, flood, inclement weather, disaster, civil riot or war).

    Fund(s): refers to the amounts GoRaised by a GoRaise Retailer on behalf of a GoRaise Supporter which are to be paid over to GoRaise for onward distribution by GoRaise to the relevant GoRaise Cause.

    Gift Aid Scheme Criteria:

    1. a) A GoRaise Supporter must be a UK tax payer, paying an amount of income tax and/or capital gains tax at least equal to the tax that all GoRaise Causes reclaim on the Donations in the appropriate tax year. This can be found here. Council Tax and VAT do not qualify as taxes for Gift Aid; and,
    2. b) Such Donations made by non-business GoRaise Supporters must be from their own money.

    Gross GoRaise Funds: as described in Clause 10.3.

    Intellectual Property Rights: refers to all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trademarks, service marks, trade names, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.

    Legislation: includes all applicable laws, Acts of Parliament (including the Acts) and Treaties as well as Data Protection Legislation and all orders, regulations, directives, conventions and subordinate legislation made pursuant to such an Act or Treaty or otherwise having the force of law in relation to the content and broadcast of Campaigns including references to any amendment, modification, consolidation or re-enactment for the time being in force.

    Losses: means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.

    Marks: refers to the relevant GoRaise Cause’s logos and trade marks (whether registered or unregistered).

    Minimum CashBack Threshold: as described in Clause 4.3 and 10.8.

    Minimum Donation Threshold: as described in Clause 10.4 and 10.8.

    Personal Data: as defined in the Data Protection Legislation.

    Qualifying Transaction(s): as described at Clause 6.2.

    Quarterly Period: 1 January – 31 March; 1 April – 30 June; 1 July – 30 September; 1 October – 31 December.

    Quarter Start Date: 1 January; 1 April; 1 July; 1 October.

    GoRaise Account: refers to the account accessible by way of a GoRaise Login upon successful registration and verification.

    GoRaise Cause: refers to a group of people that help the community and who have unselfish goals in the furtherance of a GoRaise Cause Purpose as defined.

    GoRaise Cause of the Month: refers to the chosen default GoRaise Cause each month.

    GoRaise Cause Purpose: refers to the accurate and detailed information required upon registration to describe and confirm the name of the GoRaise Cause, the GoRaise Cause’s geographical location and address and details of the GoRaise Cause’s registration as a charity, company or other corporate body (as applicable) and the reasons why the GoRaise Cause was established.

    GoRaise Extension: refers to the browser extension referred to at Clause 5.1

    GoRaise Extension Licensed Rights: refers to the licensed rights granted to You at Clause 5.2.

    GoRaise Fees: refers to the part of the Gross GoRaise Funds which are retained by GoRaise in consideration for providing the GoRaise Services.

    GoRaise Login: refers to a private username and password to gain access to a GoRaise Account.

    GoRaise Marketing Toolkit: refers to the proprietary materials made available to You on the Site to enable You to perform DIY fundraising.

    GoRaise Retailer: refers to the third party merchant partner who promotes its Products on or via the GoRaise Retailer Site.

    GoRaise Retailer Affiliate Networks: refers to the party engaged by the GoRaise Retailer to track, monitor, record and report on the Qualifying Transactions and associated Funds GoRaised.

    GoRaise Retailer Deals: refers to the deals presented by a GoRaise Retailer.

    GoRaise Retailer Pages: refers to the dedicated GoRaise Retailer pages.

    GoRaise Retailer Site: refers to the trading/ retail website of the GoRaise Retailer.

    GoRaise Retailer Terms: refers to all pricing, terms of sale, rules, policies and operating procedures concerning customer orders, customer service and product sales set forth on the GoRaise Retailer Site.

    GoRaise Services: refers to those services provided by GoRaise.

    GoRaise Supporter: refers to the individual person or a business (by a GoRaise Supporter Representative) who has registered on the Site.

    GoRaise Supporter Representative: refers to the person representing a GoRaise Supporter who is acting in the capacity of a business rather than an individual.

    GoRaise Visitors: refers to the person who visits the Site but does not progress to registration.

    Site: means a website owned and operated by GoRaise including www.goraise.co.uk.

    UGC: means content provided/ generated by a GoRaise Supporter or a GoRaise Cause when accessing and using the GoRaise Services which are uploaded, embedded or otherwise displayed and/ or stored on the Site for any purpose which may include but are not limited to text, articles, images, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the Site for use by GoRaise, a GoRaise Visitor, a GoRaise Supporter, a GoRaise Retailer or a GoRaise Cause.

    VAT: means value added tax chargeable under English law for the time being and any similar additional tax.

    Webstore: refers to the official extension webstore applicable to Your browser and which has been granted a licence by GoRaise to promote, host and publish our GoRaise Extension on their browser platform e.g. Internet Explorer, Firefox, Chrome, Safari etc.