Wishy’s Terms and Conditions for Charities
Please read these Terms and Conditions carefully. By applying to be (and continuing to be) a member of the Wishy platform, each charity and similar organisation (each a ‘Charity’ for the purposes of these Terms and Conditions) is agreeing to these Terms and Conditions.
If a Charity does not wish to be bound by these Terms and Conditions, the Charity should not continue to use or access any of the Wishy Services.
These Terms and Conditions supersede and replace all previous versions of the Terms and Conditions. We recommend that you keep a copy of these Terms for future reference.
Wishy.org.uk is a site operated by Digital For Good Ltd (‘We’). We operate various online tools and services including the website wishy.org.uk which allows users to create fundraising pages, donate to those pages and allows Charities to access data about those pages (together, the Wishy Services).
To contact us, please email [info@wishy.org.uk]
1. Term & Membership
1.1 For the purposes of these Terms and Conditions, "Commencement Date" shall mean the date from which the Charity is notified that the Charity has been successfully registered to use the Wishy Services at Wishy’s sole discretion. Wishy shall provide the Wishy Services to the Charity and the Charity shall comply with these Terms and Conditions until the membership is validly terminated.
2. Donations and Charity Trust Funds Account
Wishy’s Obligations
2.1 Money donated is collected via the Stripe Service (stripe.com) and distributed by Stripe. Wishy will not hold any money for the charities.
2.2 Wishy Services operate to allow donors to make online donations by credit or debit card, or by any other payment method made available by Wishy, through a Fundraising Page set up for the Charity or on the Charity's area on the Wishy website.
2.3 Wishy will ensure that all donations received through fundraising pages (after deduction of bank processing charges, Wishy's transaction fees and applicable sales taxes, as described in Section 6) are: 4% +20p which is added to the donation and paid by the donator.
2.3.1 paid into a Charity Stripe account; These will be collected in GBP.
Gift Aid
2.4 Wishy will offer all donors who are UK taxpayers the option of making donations in a manner that makes them eligible for Gift Aid reclaims.
Support and Donation Acknowledgements
2.5 Wishy will send e-mail acknowledgements to donors in respect of each donation made to the Charity via the Wishy Services.
2.6 Wishy will respond to fundraisers' and donors' account enquiries that it receives.
Personal Information
2.7 Collection of personal data is described with in our <<Privacy Policy>>
2.8 Under applicable law, Wishy will reasonably abide by the instructions of all fundraisers and donors in respect of their Personal Information.
2.9 Wishy will provide all Charities with access to a secure, password protected account on the Website where the Charity can view and download details of donations made to the Charity.
2.10 Wishy guarantees that it will not sell, trade or rent Personal Information of users and Charities to third parties.
Records and Audit Requirements
2.11 Wishy will keep proper records of all donations and income received and expenses incurred for each donation.
2.12 Wishy will, via the Charity Account, provide each Charity with the ability to download reports outlining the following: -
2.12.1 the number of donations received;
2.12.2 the value of the donations received; and
2.12.3 (where applicable), the transaction fees deducted from the total donations in accordance with Section 6 of these Terms.
Site Maintenance and Miscellaneous
2.13 Wishy will at all times comply with all applicable laws and applicable authority, licence, permit or registration requirements.
2.14 Wishy will undertake planned maintenance and upkeep of the Wishy Services.
3. The Charity’s Obligations
General
3.1 The Charity will ensure that all content (including text and images) supplied by it to Wishy for display on the Wishy Services or which it itself posts on any of the Wishy Services (including, in each case, links to any third party sites or content) does not violate any law or regulation or be defamatory, misleading, obscene or breach any intellectual property rights of a third party or breach any right of or duty owed to a third party.
3.2 The Charity will maintain the necessary authority, permit, licence, consent, approval and registration for it to fundraise (and, where applicable, for Wishy to fundraise on its behalf) in accordance with the section 30 of the Charity Act 2011. If Wishy needs any such authority, permit, licence, consent, approval or registration for it to fundraise on behalf of the Charity then the Charity will, at no cost to Wishy, provide all such assistance as Wishy reasonably required to assist Wishy to do so.
3.3 The Charity will inform Wishy immediately if, for any reason, it:
3.3.1 ceases to carry on operating for charitable purposes;
3.3.2 is found to be engaged in any corrupt or immoral practices;
3.3.3 is subject to any investigation or inquiry which could result in the necessary authority, permit, licence, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws being suspended, revoked or withdrawn; or
3.3.4 ceases to have the necessary authority, permit, licence, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws.
3.4 The Charity will promptly provide any information reasonably requested by Wishy in order for Wishy to be able to provide the Wishy Services effectively.
3.5 The Charity will ensure that, in each case where a donor is advised that his/her donation will be used for a specific purpose, appeal or outcome (including but not limited to all Wishy Campaign pages), the donation is used only for that specific purpose, appeal or outcome.
3.6 The Charity will comply with all applicable laws and regulations in its use of the Wishy Services.
3.7 The Charity will maintain the security and confidentiality of any passwords and PINs provided by Wishy for the purpose of accessing the Charity Account and shall not share these passwords or PINs with any third party. Wishy shall not be liable for and accepts no responsibility for misuse of any Charity Account.
Warranties and Undertakings
3.8 The Charity represents, warrants and undertakes to Wishy that:
3.8.1 these Terms and Conditions have been accepted and agreed to by a sufficient number of its duly authorised representatives; and
3.8.2 any documents provided to Wishy as part of the Charity’s application for registration or maintenance of such registration) have been or shall be executed by a sufficient number of its duly authorised representatives.
Data Protection and Direct Marketing
3.9 To the extent that the Charity’s use of the Wishy services results in access to any Personal Data , the Charity will:
3.9.1 at all times reasonably assist with the responsibilities of Wishy, as a data controller in determining how the Personal Data is processed under the provisions of the UK General Data Protection Regulation ( herein GDPR) and Data Protection Act 2018 (herein DPA);
3.9.2 not do, or cause or permit to be done, anything which may result in a breach by Wishy under GDPR and/or DPA 2018 and comply with all reasonable instructions from Wishy relating to the processing by the Charity of such Personal Data;
3.9.3 comply with the GDPR and DPA 2018 in respect of the Charity's collection, use, disclosure or processing of the Personal Data;
3.9.4 abide by the lawful instructions of all data subjects in respect of the Personal Data and not do anything to compromise the security of such data;
3.9.5 not sell, trade or rent Personal Data to third parties;
3.9.6 hold the Personal Data securely and not disclose it to anyone other than Wishy, as agreed to by the data subject and/or as permitted by GDPR and DPA 2018;
3.9.7 implement adequate security, technical and organizational measures against all unauthorized, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Data in accordance with GDPR and DPA 2018, and abide by Wishy's reasonable requirements to ensure the security of the Personal Data as notified to the Charity from time to time;
3.9.8 use Personal Data appropriately and only for the specific purposes as notified to the Charity from time to time, including by way of the applicable privacy policy available on Wishy's Website; and
3.9.9 not retain any Personal Data for longer than is necessary.
3.10 In addition to its obligations under Section 3.9 above, if the Charity’s use of the Wishy services results in access to any Personal Information and the fundraiser or donor has agreed to receive marketing communications from the Charity (as will be reflected in the Charity Account), the Charity will only send marketing communications to the fundraiser or donor to the extent that the fundraiser or donor:
3.10.1 has indicated their preference to receive such communications; and
3.10.2 has not indicated a preference or otherwise asked to stop receiving such communications. This includes the fundraiser or donor clicking an unsubscribe link or registering with any applicable preference service (which the Charity agrees it shall, to the extent it is required to do so, check before sending any communications).
Where use of the Wishy services results in access to any Personal Data relating to a fundraiser but that fundraiser has not agreed to receive marketing communications from the Charity, as will be reflected in the Charity Account, the Charity shall only communicate with that fundraiser in relation to their specific fundraising page and shall not (unless separate consent is obtained by the Charity) communicate with that person for any other purpose (including marketing).
3.11 The Charity shall be liable for and indemnify Wishy, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by Wishy which arise (directly or indirectly) out of or in connection with any breach of Sections 3.9 or 3.10 by the Charity.
4. Intellectual Property Rights and Licence
4.1 All intellectual property rights in the Wishy Services and any material (including text, photographs and other images, trademarks and logos) contained in the Wishy Services are either owned by Wishy or have been licensed to Wishy by the rights owner(s) for use as part of providing the Wishy Services. Nothing in these Terms and Conditions shall operate as an assignment of any such intellectual property rights. Wishy hereby grants to the Charity a personal, non-exclusive, non-transferable, royalty-free licence for the Charity to use the Wishy Services for the sole purpose for which they are provided and in accordance with these Terms and Conditions.
4.2 The Charity hereby grants to Wishy, its affiliates and its partners a non-exclusive, worldwide and royalty-free licence to use its name and logo in connection with the performance and promotion of the Wishy Services.
4.3 The licences in Sections 4.1 and 4.2 shall terminate automatically on valid termination of the Charity's membership in accordance with Section 10 below.
4.4 The Charity shall be liable for and shall indemnify Wishy, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by Wishy which arise (directly or indirectly) out of or in connection with any third party demand, claim or action alleging infringement of the third party’s intellectual property rights.
5. Liability
5.1 Wishy does not, and nothing in these Terms and Conditions shall act to exclude or limit Wishy or the Charity’s’ liability:
5.1.1 for death or personal injury resulting from negligence;
5.1.2 for fraudulent misrepresentation;
5.1.3 under any indemnity contained in this agreement; or
5.1.4 for any other liability which may by applicable law be excluded or limited.
5.2 The Charity acknowledges and agrees that the Wishy Services are provided on an "as is" and "as available" basis and its use of the Wishy Services is at the Charity's sole risk. Wishy does not guarantee continuous, uninterrupted, error or virus free or secure access to our Services and operation of the Wishy Services may be interfered with by numerous factors outside of Wishy’s control. On that basis, except as expressly set out in these Terms and Conditions, Wishy does not enter into conditions, warranties or other terms in relation to the Wishy Services, and they are excluded to the fullest extent permissible by law.
5.3 Subject to Section 5.1, in no event shall Wishy be liable (whether for breach of contract, negligence or for any other reason) for any loss or damage which the Charity may claim to have suffered by reason of its (or any donor, fundraiser or other user) accessing and use of (or inability to access and use) the Wishy Services or any part of them, including (but not limited to) loss of profits, exemplary or special damages, loss of sales, loss of donations, loss of Gift Aid, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, incidental consequential or special loss, however arising.
5.4 Wishy may change the format and content of the Wishy Services from time to time. In particular, the Charity should refresh its browser each time it visits the Website to ensure that the Charity downloads the most up to date version of the Website, including the latest version of these Terms and Conditions.
5.5 Subject to the other terms of this section 5, the total aggregate liability of Wishy arising under or in connection with the Charity (or any donor, fundraiser or other user) accessing and using the Wishy Services and inability to access or use the Wishy Services shall be limited to the total fees paid under these Terms and Conditions by the Charity during the preceding 12 months period ending on the date the circumstances giving rise to the liability arose.
6. Insurance
6.1 Each party must at all times maintain such adequate insurances as are required by local applicable laws or as are customary for the parties to an agreement of the nature of these Terms and Conditions to maintain in the local marketplace.
7. Confidential Information
7.1 During the term of the Charity'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 Wishy Services and which is not in the public domain.
7.2 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 7 shall survive termination of these Terms and Conditions.
8. Termination
8.1 Without affecting any other right or remedy available to it, either party may terminate the use and provision of the Wishy Services at any time during the term by giving not less than 30 days written notice. Termination will be effective upon expiry of the notice period.
8.2 Without affecting any other rights or remedy available to it, either party may terminate the use and provision of the Wishy Services with immediate effect by giving written notice if the other party commits a material breach of these terms and fails to remedy that breach 30 days after being notified in writing to do so.
9. Suspension of Wishy Services
9.1 Wishy may, at its sole discretion, without liability to the Charity, suspend the operation of any of the Wishy Services in full or in part at any time, for example but without limitation, to repair or maintenance work or in order to update or upgrade the contents or functionality of the Wishy Services from time to time.
10. Notices and Entire Agreement
10.1 Notices referred to above should be made in writing and sent by registered post to the addresses given in the applicable country specific terms or, in the case of notices to be sent by or to Wishy, by email to memberships@Wishy.com.
10.2 These Terms and Conditions represent the entire agreement between Wishy and the Charity and supersede and replace any other representations made orally or in writing.
11. Third Party Rights
11.1 A person who is not a party to these Terms and Conditions has no right to enforce any term of these Terms and Conditions.
12. Grievances from employees, complaints handling process and dispute resolution
Grievances from employees
12.1 Any grievances by employees of either party will be dealt with by that party.
Complaint handling procedure
12.2 Wishy will promptly respond to any complaints from fundraisers or donors concerning the Wishy Services.
12.3 Wishy will maintain records relating to complaints it receives.
Dispute resolution
12.4 If a dispute arises under these Terms and Conditions 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 ten business days after the meeting the dispute remains unresolved, either party may pursue its rights at law.
12.5 Despite the existence of a dispute, each party must continue to perform its obligations under these Terms and Conditions.
12.6 Sections 12.4 and 12.5 do not restrict or limit the right of either party to obtain interim, protective or interlocutory relief, or to immediately terminate these Terms and Conditions where these Terms and Conditions provide such a right.
13. Governing Law
13.1 These Terms and Conditions and any contractual or non-contractual claim arising out of or in connection with a Charity’s use of the Wishy Services are governed by the law, and subject to the jurisdiction of the courts, of England and Wales.