1.1 These terms and conditions of use (Terms) apply to your use, as the beneficiary
organisation (Beneficiary Organisation), of the website and associated services,
including, but not limited to, fundraising, sponsorship and direct donation services
(Services) of True cause Limited (True cause), located at www.theTrue cause.com (the
Website) whose registered office is at c/o Wilkins Kennedy LLP, Bridge House, 4
Borough High Street, London, SE1 9QR (company number 09787662). These Terms do not
alter in any way the terms or conditions of any other agreement the Beneficiary
Organisation may have with True cause, or its subsidiaries or affiliates, for products,
services or otherwise. If the Beneficiary Organisation does not wish to be bound
by these Terms and Conditions, the Beneficiary Organisation should not continue
to use or access the Website or Services.
1.2 Individuals accessing the Website or using the Services on behalf of the Beneficiary
Organisation represent and warrant that they are authorised to accept these Terms
on the Beneficiary Organisation's behalf, and that the Beneficiary Organisation
indemnifies the individual and True cause for any violations you may make of these
Terms. By filling in the subscription form and returning it to True cause, the Beneficiary
Organisation is agreeing to these Terms. Any failure to abide by these Terms may
result in the suspension or termination of the Beneficiary Organisation's account.
1.3 To the full extent permitted by applicable law, True cause reserves the right
to change or modify any of the terms and conditions contained in the Terms or any
policy or guideline of the Website, at any time and at its sole discretion by providing
notice that the Terms have been modified. Such notice may be provided by sending
an email, by posting a notice on the Website, by posting the revised Terms on the
Website and revising the date at the bottom of these Terms or by such other form
of notice as determined by True cause. The Beneficiary Organisation's continued use
of this Website following the posting of the revised Terms or other notice of such
changes will constitute its acceptance of such changes or modifications. Otherwise,
any changes or modification will be effective within thirty (30) days of the posting
of the revisions on the Website unless the Beneficiary Organisation notifies True cause
within such thirty (30) days that it does not agree to the changes and stops using
the Website. Therefore, the Beneficiary Organisation should review these Terms whenever
its representatives access the Website and at least every thirty (30) days to make
sure that those representatives understand the terms and conditions that will apply
to their use of the Website.
1.4 Each of the obligations of True cause contained in these Terms is subject to
the separate terms and conditions applying to each donor's use of the Website (Donor
Terms) and in the event of conflict between these Terms and the Donor Terms, the
Donor Terms shall prevail.
1.5 All questions or comments about the Website or its contents should be directed
to http://www.theTrue cause.com/Home/JoinCause
True cause is a Website that provides online fundraising platform and other tools
to individuals and not-for-profit organisations to raise money for charitable causes
3.1 True cause will deal with any private, identifiable information disclosed by
3.2 You should check the privacy provisions of the payment providers to understand
how that company will collect, use or disclose your information.
For the purposes of these Terms, "Commencement Date" shall mean the date from which
the Beneficiary Organisation is notified that the Beneficiary Organisation has been
set up on the Website.
5.1 Membership is for a minimum period of one (1) month and thereafter from month
to month until terminated by written notice by either party to the other, in accordance
with Section 14 below.
5.2 True cause agrees that it will:
(a) Maintain an account with Paypal (Paypal Account). This is an account in which
monies are held for the Beneficiary Organisation and do not belong to True cause
(other than True cause's administration fees as set out in Section 8);
(b) Operate the Website so that donors can make online donations by credit or debit
card, or by any other payment method available on the Website, through a fundraising
page or on the Beneficiary Organisation's area on the Website;
(c) Set up arrangements to ensure that all donations are paid into the Paypal Account
and are held for the benefit of the Beneficiary Organisation;
(d) Provide information systems design, testing and verification standards and requirements
in accordance with good industry practice to ensure that donors' credit cards and
debit cards are debited and the Paypal Account is credited in a secure manner;
(e) Send prompt e‑mail acknowledgements to donors in respect of each donation made
to the Beneficiary Organisation via the Website;
(f) Respond, either by email or telephone as appropriate, on behalf of the Beneficiary
Organisation to fundraisers' and donors' account enquiries received by True cause;
(g) Keep proper records of all donations and income received and expenses incurred
for such period as may from time to time be required by the applicable local governmental
revenue body, and maintain records which relate to the Beneficiary Organisation
and the performance of the obligations hereunder;
(h) Keep proper records of all tax reclaims for the relevant period.
6.1 True cause, as operator of the Website and Services, acts as an intermediary
between the Beneficiary Organisation and the individual users of the Website and
Services and whilst the Beneficiary Organisation and the users' information resides
on the Website or Services, True cause does not check or exercise any editorial control
over the content of such information, save as required by law. In the event that
True cause is made aware of or has knowledge of any unlawful activity or information
on the Website or Services, True cause shall act to remove or disable access to the
information. True cause shall not be liable to the Beneficiary Organisation as a
result of its role as intermediary.
6.2 The Beneficiary Organisation agrees that it shall:
(a) Ensure that the content supplied by it to True cause for display on the Website
will not be in violation of any law or regulation or be defamatory, obscene or breach
any intellectual property rights of a third party or breach any right or duty owed
to a third party;
(b) Provide written confirmation to True cause of any donations that it permits True cause
to reimburse to the donor. True cause will not permit refunds without prior written
consent from the Beneficiary Organisation, unless required by law;
(c) If its use of the True cause platform results in access to any identifiable personal
information (Personal Information):
(i) At all times assist with the responsibilities of True cause, as a data controller
responsible for determining how the Personal Information is processed under the
applicable data protection legislation;
(ii) Not do, or cause or permit to be done, anything which may result in a breach
True cause relating to the processing by the Beneficiary Organisation of such Personal
(iii) Comply with all applicable laws in respect of the Beneficiary Organisation's
collection, use, disclosure or processing of the Personal Information;
(iv) Abide by the lawful instructions of all data subjects in respect of the Personal
Information and not do anything to compromise the security of such information;
(v) Not sell, trade or rent Personal Information to third parties;
(vi) Hold the Personal Information securely and not disclose it to anyone other
than True cause, as agreed to by the data subject and/or as permitted by law;
(vii) Implement adequate security, technical and organisational measures against
all unauthorised, unlawful or accidental access, processing, use, erasure, loss
or destruction of, or damage to, Personal Information in accordance with all applicable
laws, and abide by True cause's reasonable requirements to ensure the security of
the Personal Information as notified to the Beneficiary Organisation from time to
(viii) Use Personal Information appropriately and only for the specific purposes
as notified to the Beneficiary Organisation from time to time, including by way
(ix) Only communicate with fundraisers and donors where they have agreed to receive
further communications from the Beneficiary Organisation, and only to the extent
that they have indicated their preference to do so (for example in relation to communications
for the specific fundraising event only);
(x) Not retain any Personal Information for longer than is necessary; and
(xi) To the extent legally permissible, the Beneficiary Organisation shall indemnify
and hold harmless True cause, its successors and assigns, from and against all losses,
costs and other damage caused by the Beneficiary Organisation's breach of this Section
(d) Maintain the necessary authority, permit, licence, consent, approval and registration
for it to fundraise (and, where applicable, for True cause to fundraise on its behalf)
in accordance with applicable laws and if True cause needs any such authority, permit,
licence, consent, approval or registration for it to fundraise on behalf of the
Beneficiary Organisation then the Beneficiary Organisation will, at no cost to True cause,
provide all such assistance as True cause reasonably requires to assist True cause
with the same. The Beneficiary Organisation agrees that it shall inform True cause
immediately if, for any reason, it ceases to maintain the necessary authority, permit,
licence, consent, approval and/or registration for it to operate as a Beneficiary
Organisation in accordance with applicable laws.
7.1 All intellectual property rights in any material (including text, photographs
and other images, trademarks and logos) contained in the Website is either owned
by True cause or has been licensed to True cause by the rights' owner(s) so that True cause
can use this material as part of its Website and Services.
7.2 The Beneficiary Organisation hereby grants to True cause, its affiliates and
its partners a non‑exclusive licence to use its Trademark solely in connection with
the Website and Services and its operation and promotion and for no other purpose
7.3 The licence shall terminate automatically on expiry or termination of the terms
of the Beneficiary Organisation's membership.
8.1 True cause will charge an administrative fee for each donation made via the Website
or through its Services. This fee will be 5% of the gross donation made by the donor.
8.2 True cause is, subject to local applicable laws, hereby authorised by the Beneficiary
Organisation to deduct the administrative fee together with applicable taxes and
bank processing charges from the donation.
Each Beneficiary Organisation acknowledges and agrees that any materials, including
but not limited to questions, comments, suggestions, ideas, plans, notes, drawings,
original or creative materials or other information, regarding the Website, True cause
or True cause's products or services that are provided by the respective Beneficiary
Organisation in the form of email or other submissions to True cause, or any postings
on the Website, are non-confidential and shall become the sole property of True cause.
True cause shall own exclusive rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and dissemination of these materials
for any purpose, commercial or otherwise, without acknowledgment or compensation
to any Beneficiary Organisation.
10.1 Except as expressly provided to the contrary in writing by True cause or as
required by law, the Website, the Website materials contained therein and the Services
are provided as presented without warranties of any kind, either express or implied.
True cause disclaims all other warranties, express or implied, including, without
limitation, implied warranties of merchantability, fitness for a particular purpose,
title and non-infringement as to the Website and the services, including the information,
content and materials contained therein. True cause does not represent or warrant
that materials in the Website or the services are accurate, complete, reliable,
current or error-free. True cause does not represent or warrant that the Website
or its servers are free of viruses or other harmful components.
10.2 True cause is not responsible for typographical errors or omissions relating
to donations, text or photography. While True cause attempts to make your access
and use of the Website and the Services safe, True cause cannot and does not represent
or warrant that the Website or its server(s) are free of viruses or other harmful
components; therefore, you should use industry-recognised software to detect and
disinfect viruses from any download.
10.3 True cause reserves the right to change any and all content contained in the
Website and to modify, suspend or discontinue the Website or any Services offered
through the Website or any features or functionality of the Website or the Services
at any time without notice and without obligation or liability to you. Reference
to any products, services, processes or other information, by trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship
or recommendation thereof, or any affiliation therewith, by True cause.
11.1 True cause, as operator of the Website and Services, acts as an intermediary
between the Beneficiary Organisation and the individual users of the Website and
Services and to the fullest extent permitted by applicable law:
(a) in no event shall True cause, its directors, members, employees or agents be
liable for any special, direct, indirect or consequential damages or any damages,
including but not limited to loss of use, loss of donations, loss of profits or
loss of data, whether in an action in contract, tort (including but not limited
to negligence) or otherwise, arising out of or in any way connected with the use
of or inability to use the Website, the Services, the content or the materials contained
in or accessed through the Website, including without limitation any damages caused
by or resulting from reliance by users on any information obtained from True cause,
or that result from mistakes, omissions, interruptions, deletion of files or email,
errors, defects, viruses, delays in operation or transmission or any failure of
performance, whether or not resulting from acts of god, communications failure,
theft, destruction or unauthorised access to True cause's records, programs or services;
(b) in no event shall the aggregate liability of True cause, whether in contract,
warranty, tort (including negligence), product liability or strict liability, arising
out of or relating to the use of or inability to use the Website or the Services
or to these Terms exceed any fees paid by the Beneficiary Organisation, if any,
to True cause for access to or use of the Website or the Services.
The Beneficiary Organisation must at all times maintain such adequate insurances
as are required by law.
13.1 During the term of the Beneficiary Organisation's membership and for a period
of seven (7) years thereafter, the parties shall treat as strictly confidential
all information about the other which has been acquired as a result of the use of
True cause's Website or Services and which is not in the public domain. No party
shall use or disclose to any third party such information belonging to the other
party without that party's prior written consent, except where required to do so
by applicable local law or regulatory or governmental body. This section 13 shall
survive termination of these Terms.
13.2 The applicable local laws in the United Kingdom, which may require disclosure
of otherwise confidential information, include, without limitation, the Freedom
of Information Act 2000 and the Environmental Information Regulations 2004.
14.1 In accordance with Section 5.1 above, notice of cancellation should be received
no later than the 5th day of the final month that you wish to remain as a member
Beneficiary Organisation (or the preceding Friday where the 5th day falls on a weekend).
Cancellation requests received after the 5th day of a given month will only be processed
at the end of the following month and an invoice will also be issued for that month.
Such notice shall be deemed to have been received within five (5) business days
if posted and within twenty‑four (24) hours if emailed to [email protected]
14.2 In addition to the rights of each party under Sections 5 and 14.1 above, each
party will have the right to terminate the use (and provision) of True cause's Website
and Services with immediate effect by notice in writing when, and at any time after,
the other party commits an act of default (as defined below) or commits any act
or threatens to do any act the direct result of which is to damage or is likely
to damage the reputation of the other party.
14.3 An act of default by either party shall occur if:
(a) The party is wound up or a liquidator or examiner is appointed; or
(b) An administration order is made in relation to the party or a receiver or an
administrative receiver is appointed over or an encumbrancer takes possession of
or sells all of the party's assets; or
(c) The party makes an arrangement or composition with its creditors generally;
(d) The party ceases or threatens to cease to carry on its business; or
(e) Any event analogous (to the events listed in 12.3.(a)- 12.3.(d) (inclusive))
occurs in any territory in relation to the party.
14.4 Further to Section 14.3 above, an act of default by the Beneficiary Organisation
shall occur if the Beneficiary Organisation ceases to carry on operating for charitable
purposes, is found to be engaged in any corrupt or immoral practices or loses (for
whatever reason) its authorisation, permit or licence to fundraise under the applicable
14.5 True cause may terminate the Beneficiary Organisation's access to the Website
and Services immediately in the event that the Beneficiary Organisation breaches
any of these Terms.
14.6 To the maximum extent permitted by law True cause, in any event, reserves the
right to withdraw the Website and Services from public access at any time, at its
True cause may, in its sole discretion, without liability to the Beneficiary Organisation,
suspend the operation of the Website or Services in full or in part at any time,
for example but without limitation for repair or maintenance work or in order to
update or upgrade the contents or functionality of the Website or Services from
time to time.
Notices referred to above should be made in writing and sent by registered post
to the address provided.
These Terms represent the entire agreement between True cause and the Beneficiary
Organisation and supersede any other representations made orally or in writing in
respect of these Terms.
18.1 If a dispute arises under these Terms or concerning its subject matter, either
party may at any time give written notice to the other requesting that a meeting
take place to seek to resolve the dispute. The nominated senior representatives
of both parties must meet within five business days of the notice and try to resolve
the dispute in good faith. If such a meeting does not take place or if five business
days after the meeting the dispute remains unresolved, either party may pursue its
rights at law.
18.2 Despite the existence of a dispute, each party must continue to perform its
obligations under these Terms.
18.3 Sections 18.1 and 18.2 do not restrict or limit the right of either party to
obtain interim, protective or interlocutory relief, or to immediately terminate
these Terms where these Terms provide such a right.
These Terms and your use of the Website shall be governed by and construed in accordance
with the laws of England and Wales. You hereby irrevocably and unconditionally consent
and submit to the exclusive jurisdiction of the Courts of England and Wales regarding
any action or proceedings arising out of these Terms.
A person who is not a party to the Terms shall not have any rights under the Contracts
(Rights of Third Parties) Act 1999 to enforce any of the Terms.
If any provision of these Terms shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms and
shall not affect the validity and enforceability of any remaining provisions.