Terms & Conditions

KindLink Terms of Service for Charities

Version 1.0
Last revised on: 12 July 2016

 

These terms of service describe the service which KindLink provides for charities at www.KindLink.com and charity.KindLink.com and your rights and obligations as a charity when you use this service. All such additional terms, guidelines, and rules, including our Privacy Policy, are incorporated by reference into these terms of service (together, these “Terms”). You confirm and promise to us that you have the right, authority, and capacity to enter into these Terms.

1.Information about us

1.1.The KindLink websites www.KindLink.com and charity.KindLink.com are copyrighted works owned and operated by KindLink Limited (“KindLink”, “us” or “we”). We are registered in England and Wales under company number 09867441 and have our registered office at 409 Chalmers house, York Road, London, SW11 3QT.

1.2.KindLink is a no fee, no commission, online software service that processes donations on behalf of charities and non-profits (“Service”). The Service includes the operation of the KindLink website, the collection of charity donations, management of the collection of Gift Aid from HMRC, and transfer of funds via BACS to your designated bank account via our payment partner, Paysafe Financial Services Limited ("Paysafe"). KindLink will also collect data on behalf of the charity, including records of the donations and income received and provide you with access to our donor and beneficiary customer relationship management (CRM) database.

2 Access to the KindLink Site

2.1.Our site is made available free of charge. 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.

2.2.You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

3.Changes to these Terms and the KindLink websites

By registering with, and using, the KindLink websites you accept these Terms which may be updated from time to time. We also may change the format and content of the KindLink website from time to time. By continuing to use the Service, you accept the latest version of these terms and of the KindLink website. You should refresh your browser each time you visit the KindLink website to ensure that you download the most up to date version of the website, including the latest version of these Terms. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

4.Registering as a charity to use the Service

4.1.To use the Service, you must be either: (a) an active charity registered with the Charities Commission in England and Wales, the Office of the Scottish Charity Regulator or for charities in Northern Ireland the Northern Irish Charity Commission and Her Majesty’s Revenue and Customs (HMRC); or (b) a charity without a requirement to register with one of the bodies referred to above, but treated as a charity or a non-profit by HMRC for tax purposes.

4.2.You must also register online with us to set up your KindLink account. Once our team receives your request to register, we will contact you within 24 hours to arrange your access to the CRM system. If you would like to give us authority to claim Gift Aid on your behalf from HMRC, you must also authorize KindLink to be your Gift Aid agent within your HMRC portal and provide us with your Charity ID and DRM number. If you would like to process payments through KindLink and our payment partner, Paysafe, you will have to enable this service from your KindLink software by passing Paysafe security check.

4.3.You agree that we may carry out any checks we consider necessary to verify your identity and confirm the information you provide in your registration is correct. We can accept registrations from charities who wish to use the Service who do not have a current HMRC registration , but we cannot claim or pay Gift Aid until you register with HMRC and we have confirmation that you are entitled to claim it.

4.4.Please note that acceptance of your registration is at KindLink’s sole discretion. When we accept your registration to use the Service, we will provide you with a secure account area on the KindLink website and access to our donor and beneficiary CRM.

4.5.You are responsible for ensuring that all the information you give to us during the registration process is accurate and complete, and that you will keep it up to date for the period you use the Service. You must also comply with the requirements of charity law, anti-discrimination, anti-corruption and anti-bribery laws.

4.6.You must inform KindLink of any material developments or changes to your charity which might affect your use of the Service or the KindLink website, including any change in your registered charity status, or if the Charity Commission opens an inquiry relating to you. KindLink may also, from time to time, make its own checks to ensure that you remain compliant with your legal obligations. If you appear to have failed to meet these requirements or obligations, or the Charity Commission or other official or regulatory authority starts an inquiry relating to you, KindLink reserves the right to suspend your membership of KindLink immediately and without notice, and the provisions of Clause 21 (if relevant) will apply.

5.Anti-Money Laundering and Anti-bribery

5.1.KindLink is committed to ensure adherence to anti-money laundering regulations, and we conduct applicable due diligence on all our customers. Accordingly, we are obliged to obtain and keep certain identity information on our customers.

5.2.KindLink has a zero tolerance for policy towards bribery and corruption and is committed to:

(a)conducting business in a manner that complies with applicable law and is consistent with the highest ethical standards including, amongst other things, standards intended to prevent bribery and corruption; and

(b)using our best endeavours to ensure that those who perform services for and on behalf of KindLink are aware and share our commitment to conducting business ethically.

6.Contributions

We are constantly looking to grow and improve our service. If you would like to make a contribution to KindLink, please click here Contributions.

7.Operation of the KindLink websites

7.1.We operate the KindLink website in collaboration with our payment partners, Paysafe, to enable donors to make payments to you by credit and debit card, and to claim Gift Aid on those payments.

7.2.Credit and debit card payments are processed through Paysafe, our payment partner. Although we provide the Service without charge, you must pay for the credit and debit card charges incurred in processing donations made to you, and these will be deducted from payments made to you without any fee or commission.

7.3.When registering to use the Paysafe service, you will be asked to provide details of the bank account to which you want us to transfer funds due to you. It is your responsibility to ensure you tell us if you decide you want to change the account you want us to make payments to at any one time. Any changes you notify to us of your bank account details will be subject to the validation process set out above.

8.Gift Aid

If you decide to authorise us to claim Gift Aid due on the donations made to you, you authorise KindLink to make the applications for reimbursement to HMRC on your behalf, and you further agree to provide us with all reasonable assistance if we have to deal with any issues or disputes raised by HMRC in connection with your claims for Gift Aid made by us. You agree that KindLink may keep details of all applications for Gift Aid made and received on your behalf for accounting and audit purposes. We can only claim Gift Aid for donations that are HMRC-verified in the UK.

9.Payments

Payments made to the charity will be processed by KindLink’s partner, Paysafe and its subsidiaries. A copy of the terms and conditions for Paysafe are included here. All charities and non-profits will be subject to the satisfactory completion of Paysafe’s customer registration process.

10.Your account and reporting

10.1.KindLink will provide you with access to a secure, password protected charity account on the websites where you can view and download details of donations made to the charity, details of payments made by KindLink to the charity, information about donors where they have agreed that you may see this, and Gift Aid refunds relevant to your donations, and provide updates and donor details For more information on what is included in the service, have a look at our FAQs.

10.2.We will provide you with a user ID and password, and you will be able to access information on transactions relevant to your charity, including details of donations made and payments to you, by logging into your account on the KindLink website.

10.3.You will be responsible for the proper use of these and for taking all necessary steps to keep these confidential and secure, to use them properly and not to make these available to unauthorised people. If you become aware of any unauthorised use of your password, we recommend that you change your password immediately or contact us.

11.Data protection

11.1.KindLink will collect personal information including but not limited to the donor's name, title, address and email address ("Personal Data") at all times in accordance with local privacy laws, including but not limited to the Data Protection Act 1998 ("the Act") as well as other regulatory requirements and guidance as updated and amended from time to time and such laws, regulatory requirements and guidance applicable in the territory where donors access the Service ("Applicable Privacy Laws").

11.2.KindLink will, to the maximum extent possible under Applicable Privacy Laws, abide by the instructions of all donors in respect of their Personal Data as defined by the Act and only use Personal Data in accordance with our Privacy Policy.

11.3.When donors visit the KindLink website and make a donation to you, we will ask them if they agree to be contacted by you or not. If they agree, we will provide you with contact details of donors in your account reports, and you agree that you will not use any donor Personal Data we give you for any purpose other than in accordance with the purpose for which it was given by them.

11.4.If a donor subsequently asks for their details to be removed from the KindLink website, we will delete their Personal Data from the KindLink website records. You agree to regularly update your own records and also to only use the KindLink records applicable to you in respect of any donor Personal Data captured using the Service to ensure that you do not contact donors who have withdrawn their consent to be contacted by you.

11.5.Both parties agree that they act as joint data controllers in respect of any donor Personal Data which they process in connection with the provision and receipt of the Service and both agree to comply with our respective obligations under the Data Protection Act 1998 and Applicable Privacy Laws in connection with any donor or other Personal Data which may be processed by either party during the operation and use of the Service. You agree to provide us with such help and co-operation as is reasonably necessary or requested by us to enable compliance with this Clause 11.

11.6.During the term of your use of the Service and for a period of three (3) 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 the Service 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 shall survive termination of these Terms.

12.Use of the KindLink Website

12.1.Subject to these Terms, KindLink grants you a licence to use and access our website on the basis that this licence is:

(a)non-transferable – you cannot pass this right to someone else;

(b)non-exclusive – other people can access and use the website;

(c)revocable – we have the right to remove your ability to use the website in accordance with these Terms; and

(d)limited – the licence does not extend beyond what has just been described above.

12.2.The rights granted to you in these Terms are subject to a number of important restrictions, particularly relating to how you access and use the website, KindLink's property that is comprised in the website and other users’ content. Except as expressly stated in these Terms, you agree that no part of the website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

12.3.You must at all times use the website and its associated services in a responsible manner. In particular, but not exclusively you shall not:

(a)license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the website, whether in whole or in part, or any content displayed on the website;

(b)modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the website, otherwise that as permitted by applicable law for interoperability purposes;

(c)access the site in order to build a similar or competitive website, product, or service;

(d)upload offensive, obscene or racist content, including photographs, on to the website. KindLink does not actively edit the website but reserves the right to remove or edit any content posted on the website at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene or racist. If you notice any such content, please contact the KindLink team: ;

(e)misrepresent your identity or affiliation with any other person or organisation;

(f)use the website to send junk email or 'spam' to people who do not wish to receive email from you;

(g)use the website to conduct, display or forward surveys, pyramid schemes or chain letters;

(h)use the website to advertise or otherwise solicit for funds and ensure there is not a solicitation for goods or services; or

(i)interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the KindLink systems.

13.No reliance on information

13.1.The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must take professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

13.2.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.

14.Third Party Links

14.1.The KindLink website contains links to the websites of member charities and other organisations, whether charities or otherwise. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any transactions with other organisations through their websites or otherwise are your responsibility.

14.2.KindLink may from time to time select partners offering relevant information and services that we believe will enhance our provision of the service for visitors to the KindLink website. Whilst we will do our best to select partners of the highest integrity, we are not responsible for any aspect of the information or services offered by them, and if you choose to use their services you do so at your own risk.

15.Content provided by you

15.1.Any content which you post on the KindLink website or which you post on your website must not contain illegal material or link to material which is illegal wherever it is hosted, nor be defamatory, obscene or offensive to others on any grounds. If you believe content that is posted by other users on the website is of a defamatory nature or is in violation of these Terms, you may contact us at the following email address .

15.2.You assume all risks associated with use of your content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your content that personally identifies you or any third party.  

15.3.You should not publish or link to material or content in which you do not own the rights without the permission of the owner of the relevant rights.

15.4.KindLink is not obligated to back up your content, and your content may be deleted from the site at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your content.

15.5.You must not provide any incentive to donors to donate.

15.6.You confirm and promise to us that your content does not and will not violate our Terms. If we become aware of any content you have posted or which is otherwise posted in relation to your account on the KindLink website which is in contravention of these Terms, we may remove the content from the KindLink website immediately without reference or liability to you and terminate your use of the Service under Clause 12.

16.Trademarks

16.1.You hereby grant (and you represent and warrant that you have the right to grant) us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide licence to your name and logo in respect of your participation in the Service including, with your prior consent, in respect of promotional materials we may publish from time to time, which shall terminate automatically on expiry or termination of your membership with KindLink.

16.2.We hereby grant you a non-exclusive, worldwide, fully paid-up transferable and sub-licensable licence to use the KindLink name and logo in respect of your participation in the Service including, with our prior consent, in respect of promotional materials, which shall terminate automatically on expiry or termination of your membership with KindLink.

16.3.Subject to Clause 16.2. The name KindLink and the KindLink logo and any other product and service names that we may present on the KindLink website from time to time may not be used in connection with any product or service that is not KindLink's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit KindLink.

16.4.Other trademarks, service marks or logos that appear on the KindLink website, in particular (but not exclusively) those of other member charities, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both KindLink and the trade mark owner.

17.Ownership and Copyright

17.1.Excluding any content that you may provide, you acknowledge that all content on the KindLink website is owned by KindLink, our member charities, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for  non-commercial use provided you do not alter it or remove any copyright, trade mark or other proprietary notice. No other use of the KindLink website’s content is permitted without the express prior permission of KindLink, and, where applicable, the copyright holder.

17.2.Neither these Terms (nor your access to the website) transfers to you or any third party any rights, ownership or similar interests in or to such intellectual property rights, except as otherwise expressly set forth in these Terms. KindLink and its partners reserve all rights not granted in these Terms.  There are no implied licences granted under these Terms.

18.Changes to the Service

KindLink will make every effort to ensure that the KindLink website and other services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. You agree that KindLink will not be liable to you or to any third party for any modification, suspension, or discontinuation of the website or any part thereof. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms.

19.No Support or Maintenance

You acknowledge and agree that KindLink will have no obligation to provide you with any support or maintenance in connection with the Site.

20.Suspension of the Service

20.1.If in our reasonable opinion you have failed to comply with any of the provisions of these Terms or if we are made aware of, or given reason to suspect that you are using the service for illegal or fraudulent purposes, KindLink reserves the right at its sole discretion to:

(a)disable any user identification code or password, whether chosen by you or allocated by us, at any time; and

(b)immediately and without notice suspend or permanently deny your access to all or part of the KindLink website and services.

21.Termination of the Service

21.1.Subject to this Section 21, these Terms will remain in full force and effect while you use the websites and services.  

21.2.Either you or we will have the right to terminate for convenience giving the other party fourteen (14) days’ notice in writing.

21.3.Either you or we will have the right to terminate your use of the Service and the KindLink website with immediate effect by written notice to the other party if one of us commits a material breach under these Terms and such breach is not remedied within thirty (30) days. A  material breach will be deemed to have occurred:

(a)if either party becomes insolvent or wound up;

(b)if we are made aware, or given reason to suspect because of allegations or reports, that your operations as a charity or your use of the Service have any illegal or fraudulent purposes, or would bring the KindLink website into disrepute;

(c)either party commits an 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; or

(d)if your charitable status or HMRC registration is suspended or withdrawn.

21.4.Upon termination of your rights under these Terms, your account and right to access and use the website and Service will terminate immediately. You understand that any termination of your account may involve deletion of content associated with your account.  

22.Indemnity

You agree to indemnify KindLink (and its officers, employees, and agents), including costs and legal fees, from any claim or demand made by any third party due to or arising out of (a) your use of the websites, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your content.  KindLink reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.  You agree not to settle any matter without the prior written consent of KindLink.  KindLink will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

23.Limitation of Liability

23.1.We do not, and nothing in these Terms shall act to, exclude or limit our liability for death or personal injury resulting from our negligence, fraud or any other liability which may not be excluded or limited by applicable law.

23.2.To the maximum extent permitted by law, in no event shall KindLink or our partners, be liable to you or any third party for any loss of profits, loss of data, loss of business opportunity, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use, the websites, even if KindLink has been advised of the possibility of such damages.  

23.3.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.

23.4.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.

24.Disclaimer

24.1.You agree that your use of the KindLink website is on an "as is" and "as available" basis and that your use of the KindLink website is at your sole risk. We do not guarantee continuous uninterrupted or secure access to the Service and operation of the KindLink website may be interfered with by numerous factors including routine downtime for systems maintenance or for factors which are outside of our control. On that basis, except as expressly set out in these Terms, we do not provide conditions, warranties or other terms in relation to the website, to the extent permissible by law, and these Terms represent the entire agreement between you and KindLink.

24.2.We reserve the right to withdraw the KindLink website and any associated services from any public access at any time at our complete discretion.

25.Notices

Notices referred to in these Terms should be made by email to: .

26.General

26.1.Electronic Communications.  The communications between you and KindLink use electronic means, whether you use the website, Service or send us emails, or whether KindLink posts notices on the website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from KindLink in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that KindLink provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.

26.2.Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the website and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

26.3.Waiver. A waiver by KindLink of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of KindLink and shall apply only to the circumstances for which it is given.  Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy.  No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.

26.4.Headings and Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.  

26.5.Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  

26.6.Relationship between you and us. You confirm that you are acting on your own behalf and not for the benefit of any other person. Your relationship to KindLink is that of an independent contractor, and neither party is an agent or partner of the other.  

26.7.Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without KindLink's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  KindLink may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.

26.8.Third party rights. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

26.9.Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.  You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.

 


 

KindLink Terms of Service for Donors

Version 1.0
Last revised on: 12 July 2016

 

These Terms of Service describe the service that KindLink provides for you and outlines your rights and obligations as a donor when you use the KindLink website and service. All such additional terms, guidelines, and rules, including our Privacy Policy, are incorporated by reference into these Terms of Service (together, these “Terms”). You confirm and promise to us that you have the right, authority, and capacity to enter into these Terms.

1.Information about us

The KindLink website (www.KindLink.com) is a copyrighted work owned and operated by KindLink Limited (“KindLink”, “us”, or “we”). We are registered in England and Wales under company number 09867441 and have our registered office at 409 Chalmers house, York Road, London, SW11 3QT.

2.Changes to these Terms and the KindLink website

2.1.We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

2.2.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.

3.About the charities and organisations featured on the KindLink website

3.1.KindLink allows you to donate to any of the charities and organisations listed on the KindLink website. All of the charities or organisations featured have a contractual agreement with KindLink authorising us to collect donations. We also have a contractual relationship with many of the charities to reclaim Gift Aid on their behalf under the UK government's Gift Aid scheme. Charities and organisations are accepted as members at KindLink's discretion. Charities must be registered with the Charity Commission for England and Wales, the Office of the Scottish Charity Regulator, or HMRC for charities in Northern Ireland and any other charitable organisation recognised as such by HMRC. Charities and not-for-profit organisations can have similar names: it is your responsibility to check that you are donating to the organisation you intended.

3.2.The charity is responsible for its relationship with you and KindLink accepts no responsibility for the relationship. You may become a “commercial participator” and legally obliged under charity law to enter into a written agreement with the charity to which you are donating.

4.Anti-Money Laundering and Anti-bribery

4.1.KindLink is committed to ensure adherence to anti-money laundering regulations and we conduct applicable due diligence on all our customers. Accordingly, we are obliged to obtain and keep certain identity information on our customers.

4.2.KindLink has a zero tolerance for policy towards bribery and corruption and is committed to:

(a)conducting business in a manner that complies with applicable law and is consistent with the highest ethical standards including, amongst other things, standards intended to prevent bribery and corruption; and

(b)using our best endeavours to ensure that those who perform services for and on behalf of KindLink are aware and share our commitment to conducting business ethically.

5.Contributions

We are constantly looking to grow and improve our service. If you would like to make a contribution to KindLink, you can do so during your donation process, which will be processed separately to your charity donation. Alternatively, you can click here to contribute Contributions.

6.Use of your donation

KindLink is not responsible for any dissatisfaction you may have regarding the recipient organisation's use of any donation you make through the KindLink website. Please note that if you are donating to a specific cause or project of a charity on KindLink, the charity will do everything possible to execute on that activity; however, in unforeseen circumstances such as project overfunding or change of scope, the funds might be used for other needs.

7.KindLink fees

Neither the charities listed on the website, nor KindLink charge any fees for using this service. The only charge for the service will be that levied by the card schemes provided by our payment partner, Paysafe and its subsidiaries.

8.How to pay

Donations can made using a valid credit or debit card on the KindLink website via our payment partners, Paysafe. Details of any donation will be displayed to you before it is processed. You may correct any errors by following the instructions given on the screen. Once you confirm that you wish to proceed, your donation will be processed by requesting funds from your credit or debit card provider. When they approve the donation, we will ensure the funds are allocated to the relevant charity.  Please note that all donations are non-refundable.

9.Unauthorised card use

When a donation is made on the KindLink website via our payment partners, Paysafe, the transaction is final and non-disputable unless you can prove unauthorised use of your payment card. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.

10.Gift Aid

When you donate to a charity on the KindLink website via our payment partners, Paysafe, and confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme (as they apply from time to time), KindLink will claim Gift Aid on behalf of the selected charity. Please note that KindLink is not an accounting, taxation or financial advisor, and you should not rely on information given on the website to determine the accounting, tax or financial consequences of making a donation to charity. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.

11.Use of your personal information

We will only use your information in accordance with our Privacy Policy. The personal information which we ask you to give us when making your donation will be used by us in connection with processing your payment on the KindLink website via our payment partners, Paysafe. We also have to pass your information to the relevant charity for their records. With your consent, KindLink may also use your information for marketing our products and services to you unless you tell us not to and you will be able to opt-out of our marketing products and services at any time.  The sites of the charities you support on the KindLink website will be subject to their own privacy policies, and KindLink accepts no responsibility or liability for these sites.

12.Access to the KindLink Site

12.1.Our site is made available free of charge. 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.

12.2.You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.  

13.Use of the KindLink Website

13.1.Subject to these Terms, KindLink grants you a licence to use and access our website on the basis that this licence is:

(a)not a commercial licence – you can only access and use the website for your own personal, non-commercial uses (i.e., not for your business);

(b)non-transferable – you cannot pass this right to someone else;

(c)non-exclusive – other people can access and use the website;

(d)revocable – we have the right to remove your ability to use the website in accordance with these Terms; and

(e)limited – the licence does not extend beyond what has just been described above.

13.2.The rights granted to you in these Terms are subject to a number of important restrictions, particularly relating to how you access and use the website, KindLink's property that is comprised in the website and other users’ content. Except as expressly stated in these Terms, you agree that no part of the website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

13.3.You must at all times use the website and its associated services in a responsible manner. In particular, but not exclusively you shall not:

(a)license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the website, whether in whole or in part, or any content displayed on the website;

(b)modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the website, otherwise that as permitted by applicable law for interoperability purposes;

(c)access the site in order to build a similar or competitive website, product, or service;

(d)upload offensive, obscene or racist content, including photographs, on to the website. KindLink does not actively edit the website but reserves the right to remove or edit any content posted on the website at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene or racist. If you notice any such content, please contact the KindLink team at ;

(e)misrepresent your identity or affiliation with any other person or organisation;

(f)use the website to send junk email or 'spam' to people who do not wish to receive email from you;

(g)use the website to conduct, display or forward surveys, pyramid schemes or chain letters;

(h)use the website to advertise or otherwise solicit for funds and ensure there is not a solicitation for goods or services; or

(i)interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the KindLink systems.

14.No reliance on information

14.1.The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must take professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

14.2.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.

15.Third Party Links

15.1.The KindLink website contains links to the websites of member charities and other organisations, whether charities or otherwise. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any transactions with other organisations through their websites or otherwise are your own responsibility.

15.2.Participation in any competition, raffle, lottery or prize draw promoted on the KindLink site operated by either a charity or another third party is at your own risk. You accept that KindLink is in no way responsible for competitions, raffles, lotteries or prize draws operated by a third party.

15.3.KindLink may from time to time select partners offering relevant information and services that we believe will enhance our provision of the service for visitors to the KindLink website. Whilst we will do our best to select partners of the highest integrity, we are not responsible for any aspect of the information or services offered by them, and if you choose to use their services you do so at your own risk.

16.Trademarks

The name KindLink and the KindLink logo and any other product and service names that we may present on the KindLink website from time to time may not be used in connection with any product or service that is not KindLink's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit KindLink. Other trademarks, service marks or logos that appear on the website, in particular (but not exclusively) those of member charities, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both KindLink and the trade mark owner.

17.Ownership and Copyright

Excluding any User Content (this term is defined below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the website and its content are owned by KindLink, KindLink's partners, our member charities, or other original providers, or, in the case of other users’ User Content, other users of the website.  Neither these Terms (nor your access to the website) transfers to you or any third party any rights, ownership or similar interests in or to such intellectual property rights, except as otherwise expressly set forth in these Terms. KindLink and its partners reserve all rights not granted in these Terms.  There are no implied licences granted under these Terms.

18.User Content

18.1.“User Content” means any and all information and content that a user submits to, or uses with, the website (e.g., content in the user’s profile or postings).  You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.  

18.2.You confirm and promise to us: that your User Content does not and will not violate our Terms. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by KindLink.  

18.3.KindLink is not obligated to backup any User Content, and your User Content may be deleted from the site at any time without prior notice – accordingly we recommend you store and backup copies elsewhere. You are solely responsible for creating and maintaining your own backup copies of your User Content.

18.4.So that we can operate the site and host and display your User Content, you grant (and confirm and promise to us that you have the right to grant) KindLink a licence to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content on the basis that such licence is:

(a)irrevocable – once agreed, you cannot remove or restrict our right to use your User Content as described above;

(b)non-exclusive – you and, if you let them, other people can use your User Content;

(c)royalty-free and fully-paid – we don’t have to pay you (either now or in the future) to use your User Content in the fashion described above;

(d)worldwide – we can use your User Content in fashion described above anywhere in the world; and

(e)sublicenseable – you allow us to authorise,  solely for the purposes of including your User Content in the site, other business and individuals to use the licence describe above.

18.5.You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

19.Changes to the service

KindLink will make every effort to ensure that the KindLink website and other services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. You agree that KindLink will not be liable to you or to any third party for any modification, suspension, or discontinuation of the website or any part thereof. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms.

20.No Support or Maintenance.  

20.1.You acknowledge and agree that KindLink will have no obligation to provide you with any support or maintenance in connection with the site

21.Failure to comply with these Terms

If in our reasonable opinion you have failed to comply with any of the provisions of these Terms or if we are made aware of, or given reason to suspect that you are using the service for illegal or fraudulent purposes, KindLink reserves the right at its sole discretion to:

(a)disable any user identification code or password, whether chosen by you or allocated by us, at any time; and

(b) immediately and without notice suspend or permanently deny your access to all or part of the KindLink website and services.

22.Termination

22.1.Subject to this Section 23, these Terms will remain in full force and effect while you use the website and services.  You may discontinue use of the website and services at any time. These Terms will continue to apply to past use by you.

22.2.Upon termination of your rights under these Terms, your account and right to access and use the website and services will terminate immediately. You understand that any termination of your account may involve deletion of your User Content associated with your account.  

23.Limitation of Liability

23.1.KindLink does not, and nothing in these Terms shall act to, exclude or limit KindLink's liability for death or personal injury resulting from its negligence, fraud or any other liability which may not be excluded or limited by applicable law.

23.2.We are responsible to you only for foreseeable loss and damage caused by us. Subject to exceptions listed above, in no event shall KindLink be liable for any claims, loss or damage, whether direct or consequential which you claim to have suffered by reason of your accessing and use of the KindLink website.

23.3.We are not liable for business losses. If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

23.4.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.

23.5.We do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.  We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content.  

23.6.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.

24.Disclaimer

24.1.The website and service are not bespoke to you.  You acknowledge that the KindLink website and service have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that their facilities and functions meet your requirements.

24.2.You agree that your use of the KindLink website is on an "as is" and "as available" basis and that your use of the website is at your sole risk. KindLink does not guarantee continuous uninterrupted or secure access to our services and operation of the website may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms, KindLink does not provide conditions, warranties or other terms in relation to the website, to the extent permissible by law.

25.General

25.1.We may transfer these Terms to someone else. We may transfer our rights and obligations under these Terms to another organisation – for example, this could include another member of our group of companies or someone who buys our business. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

25.2.If a court finds part of these Terms illegal, the rest will continue in force. Each of the Sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Sections will remain in full force and effect.

25.3.Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

25.4.Nobody else has any rights under these Terms. These Terms are between you and us. No other person shall have any rights to enforce any of its terms.

25.5.Governing Law and Jurisdiction. These Terms are governed by English law and we both agree to submit to the non‑exclusive jurisdiction of the English courts. This means that, if you are a citizen of a country in the EU, you may bring a claim to enforce your consumer protection rights in connection with these Terms in England or in the EU country in which you live.

25.6.Contact Information. If you wish to contact us in writing, or if these Terms require you to give notice to us in writing, please contact us at  .