Terms and conditions
Welcome to the Everyclick terms and conditions. This policy applies to Everyclick search and donations products (www.everyclick.com).
We also have separate documents that cover:
We also operate Give as you Live (www.giveasyoulive.com) - your Everyclick account can also be used to access Give as you Live, and a number of features from Give as you Live are included as part of the Everyclick website. Therefore you should also read the Give as you Live terms and conditions for anything relating to those features.
If you represent a charity, you may also wish to see our charity terms and conditions.
This policy was last updated on 20th February 2019.
1.1 Formal notices
Everyclick Ltd ("we", "us" or "our") is a registered company in England & Wales (company number 5181419), with registered offices at Basepoint Business Centre, Crab Apple Way, Vale Business Park, Evesham, Worcestershire, WR11 1GP, United Kingdom.
By using our website, product or services, you are accepting our terms and conditions.
These terms and conditions may change or be updated from time to time. It remains your responsibility to access and check these terms and conditions when you use Everyclick. The latest version of these terms and conditions will govern any future usage by you of Everyclick.
2.0 About donations
2.1 Everyclick Search
You may use the Everyclick search engine ('Everyclick Search') to raise donations as you search the web. Everyclick Search generates money from sponsored results and adverts that are included with the results we display.
From the total advertising revenues we receive, 50% is given to charity. From this, your charity is allocated an amount based on the number of searches you make using Everyclick.
In addition, Everyclick Search includes integration with Give as you Live which allows further funds to be raised via shopping online. As mentioned in the introduction for these terms, you may also with to review the Give as you Live terms and conditions.
You may choose a specific charity to support. If you do not choose a charity, or if the charity you were supporting leaves us, then any donations raised will be distributed to a charity of our choosing.
In order for donations to be allocated to your account, you must be signed into your Everyclick account. If you generate Everyclick Search donations whilst not signed in, we are unable to move these donations into your account.
Only genuine searches are eligible for donations. Any fraudulent or automated searches may result in your access to Everyclick being blocked and donations being withheld and reversed. Automated searches include any software (e.g. robots or spiders) that sends queries to Everyclick, meta-search tools, or offline searches.
2.2 Everyclick Donate
Everyclick Donate involves you making a donation out of your own funds. You can also request that Gift Aid be added to your donation. You can either make a donation direct to a charity, or via a fundraising page that has been created in aid of a charity.
Although you do not need an Everyclick account in order to make a donation, if you want a donation to be allocated to your account, you must be logged in.
When making the donation, it is your responsibility to provide the correct card details, the correct donation value, and to only make the intended number of donations.
We can take no responsibility if a donation fails due to incorrect information being provided.
If you believe your payment card has been used to make an unauthorised donation, please contact us at your earliest convenience. You should also contact your bank or card provider in accordance with their reporting procedures.
If you mistakenly enter an incorrect donation amount or repeat a donation, it is your responsibility to inform us in a timely manner (contact us here). Once contacted, we may make effort to achieve a refund however we cannot guarantee this and cannot be held liable for any bank fees you may be charged as a result of the donation(s).
If you choose to add Gift Aid to your donation, it is your responsibility to answer the Gift Aid eligibility questions correctly and to provide the correct contact details. Gift Aid can only be paid to the charity if they are approved by HMRC to receive Gift Aid. The approval of Gift Aid is at the sole discretion of HMRC and we can take no responsibility for the decisions they make.
When making a donation, you can optionally provide a comment. This will be displayed publically and cannot contain language that may be deemed offensive. We reserve the right to edit or remove comments.
All fundraising pages are listed in good faith. However we cannot guarantee that any actions or events described on these pages (for example that an individual will complete a marathon) will be carried out, or that funds will be used in any prescribed matter. If you believe that a fundraising page is displaying misleading information, please contact us.
2.3 Fundraising pages
You have the ability to create a fundraising page via your Everyclick account. This allows people to make a donation via your page to the charity you specify. By creating the page, you agree for the page and its content and images to be made publically available.
The fundraising page tool allows you to upload text and images. You must use this tool in a responsible and legal manner. For example, you must not upload any content that may be deemed offensive, or any content protected by copyright without permission. Further, you must not use fundraising pages to mispresent yourself or to mislead others.
You must not request users to add Gift Aid when they may be ineligible, for example when the donation is part of a raffle or when a product/service is given in exchange for the donation.
Any views expressed on fundraising pages are, unless specifically stated, not those of Everyclick.
3.0 About charities and payments
3.1 Charities listed on Everyclick
We list charitable organisations who are fully registered with either the Charity Commission for England & Wales, the Office of the Scottish Charity Regulator, or the Charity Commission for Northern Island; or who are officially recognised by HM Revenue & Customs (HMRC) as a 'good cause'. We are also able to list Community & Amateur Sports Clubs (CASCs) and Community Interest Companies (CICs).
You may choose to support any charity we list. Some charities may have similar names, descriptions or logos - it is your responsibility to select the charity you intend to select.
If at any time you wish to change your selected charity, you may do so through your account. Changing your charity does not affect any previous generated donations. We can only change the benefitting charity of a donation in exceptional circumstances.
In cases where you do not choose a charity to support, or if donations can no longer be made to your originally selected charity (see section 3.5 De-registered Charities and failed payments), then we will choose the benefitting charity at our own discretion. Typically, this will be a charity chosen as our 'charity of the month'.
3.2 Use of charity data
Charity data is often made publicly available. For example, the Charity Commission for England & Wales maintains a public database of registered charities and contact details. We uses this freely available data to create our list of supportable charities and store the information on our databases.
Subject to the terms of the data provider (e.g. the Charity Commission for England & Wales), we may also contact the charity using those contact details to make them aware of any funds that have been raised for them through our services, as well as any benefits, products and services that we make available to the charity sector in order to help them raise additional funds.
We only contact people on that database or those who have expressly given us permission to do so.
3.3 Payment methods and timings
Payments are made to charities by BACS via our payment partner, subject to our payment schedule and to any minimum payment thresholds. Direct donations and Gift Aid are paid by our payment partner, currently The Online Foundation, a non-for-profit company registered in England & Wales (company number 06911507).
Fees do apply to Everyclick Donate - currently a 4.8% processing fee applies to the donation but there is no fee on Gift Aid. This is to cover the fees involved in taking the payment and then making the payment to the charity.
Historically, fees have applied to Everyclick Search and Give as you Live payments made to cover the transactional and administration costs of making the payment. Currently, no fees are charged on these donations however we reserve the right to reintroduce such costs in future if we see fit to do so.
Our company does offer additional products and in some cases fees will apply, however these will only apply to the relevant portion of the payment.
In exceptional circumstances, payments may be made via cheque by us direct to the charity.
3.5 De-registered charities and failed payments
Payments can only be made if we or our payment partner have the required bank details of the charity. In cases where no bank details have previously been provided or if the a payment has failed due to incorrect details, we will endeavour to contact the charity however we cannot be held responsible if the charity is uncontactable, declines to respond, or responds but declines to provide the required bank details.
When this happens, we will continue to hold the funds for as long as we see fit in case bank details are subsequently provided, however we reserve the right to make the donation to a different charity if we decide the bank details are not going to be forthcoming.
In some cases, a charity may cease to be listed on our services - this may be because they've ceased to exist as a register charity, or it may be at their request. Any outstanding donations will be paid to a charity of our choice.
3.6 Use of funds by charities
Each charity reserves the right to utilise the funds raised for any purpose as they see fit. The charity's decision regarding use of funds is final.
4.0 Further terms and conditions
The names Everyclick™, everyclick.com, the Everyclick¯ logo and any other product and service names that we may present may not be used in connection with any product or service that is not Everyclick's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Everyclick.
Other trademarks, service marks or logos that appear on our services - including, but not limited to, those of our charity and retailer partners - 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 us and the trademark owner.
All aspects of the Everyclick service are protected by copyright. All content is owned by Everyclick Ltd, our supported charities, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws.
Everyclick, in whole or in part, is for your personal use only. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark or other proprietary notice. No other use of the website's content is permitted without the express prior permission of Everyclick Ltd, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to email@example.com.
4.4 Changes to the service
Everyclick will make every effort to ensure that its services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms & Conditions.
You agree to indemnify Everyclick Ltd against any loss, liability, claim, demand, damage or expense (including legal fees) that may occur in connection with the use of this site. We take reasonable care and skill to ensure that the data provided on this site is accurate and up to date. However, we give no warranty of the accuracy of any information on the site and do not accept liability for any errors or commissions, neither do we accept liability for any resulting damage or loss.
4.6 Linking from external websites
Other websites may link to our websites (including www.everyclick.com); however, it is not permitted for pages to be loaded into frames on other sites, or for pages to be linked to from any websites that contain material which could be construed as offensive.
4.7 Links to external websites
Everyclick links to many other websites for information and as a service to our users. The external websites are not under our control and we are not responsible for the content of any linked site.
By listing or linking to another site, we are not making any kind of endorsement and we accept no liability in respect of the content. We do not guarantee that links will work all of the time and cannot control the availability of the linked pages.
If you deem any link inappropriate or offensive, or find any link to not work, then please let us know so that we may remove the link.
4.8 Unauthorised use of our website
If it is found that the Everyclick service is being interfered with in any way including modification of URLs, posting unauthorised URLs on public media, pages being spidered, automatic scripts or anything deemed by ourselves to be abnormal use then we may terminate your account and any donations may become voided.
To protect our retailers, any abuse of an offer may lead to transactions being revoked. Any transactions deemed to be of a suspicious nature may require verification by ourselves and/or the retailers involved, and further information on your transactions may be requested from yourself.
For this reason, we may pass on any details which you have provided in communications with the merchant and its agencies. Usernames should not be offensive nor used in any way which may represent any trademarks or brand names, be it owned by Everyclick or other entities. Where this is the case then you will be required to update this to a suitable name.
4.9 Virus disclaimer
We take all reasonable effort to test material before making publically available. In the very unlikely event of any loss, disruption or damage, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur whilst using Everyclick or any material derived from our service.
The Everyclick service and website is provided 'as is', without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
We do not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials.
In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of Everyclick.
Use of Everyclick is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
You may discontinue use of Everyclick at any time. These terms and conditions will continue to apply to past use by you.
4.12 Modification of agreement
We may modify any of the terms and conditions contained in this agreement, at any time and at our sole discretion for any reason. We will post the revised agreement on this website.
Our failure to enforce your strict performance of any provision of this agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement.
4.14 Governing law
These terms and conditions shall be governed by the laws of England. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England. You hereby consent to the exclusive jurisdiction of the England courts in all disputes arising out of or relating to the use of Everyclick.
4.15 Third party rights
A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
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