Terms and conditions
This is some general information about ourselves:
- "We" and the "Company" are Everyclick Limited, a limited liability company incorporated in England and Wales under registered number 5181419 and with our registered office at Basepoint Business Centre, Crab Apple Way, Vale Business Park, Evesham, Worcestershire, WR11 1GP
- Our Website is www.everyclick.com
- Our e-mail address is email@example.com
- Our VAT number is 849819956
- These terms and conditions ("these Terms") will apply when you access our website and use our search engine and related services ("Services"). Before using the Services, we ask that you read these Terms carefully. By using the Services, you agree to be bound by these Terms.
- If you do not agree to these Terms, then you must not use the Services.
- 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 wherever you access the Website. The latest version of these Terms and Conditions will govern any future usage by you of the Website
About the charities and organisations featured on the Website
The Website allows you to donate to, and raise funds for, any of the Exempt, Excluded or registered UK charities listed with the HMRC (Her Majesty's Revenues & Customs), the Charity Commission for England & Wales or the OSCR (Office of the Scottish Charity Regulator) listed on this Website. All charities listed are provided under a contract from Technology Trust (Charity Registration no 1133179, hereafter referred to as the 'Payment Partner') who are authorised to collect donations and reclaim Gift Aid under the UK Government's Gift Aid Scheme. Charities and Good Causes can have similar names: it is your responsibility to check that you are donating to the organisation you intended.
How we allocate money to charities via web search
Revenue is disbursed to individual charities, as outlined above, that have been supported by Users of the Website. The sum each charity receives is entirely proportional to the amount that Users use the Website relative to the Users of other supported charities. Disbursements are made to Charities via our payment partner.
The activity of Website users who do not select a specific charity will benefit all supported charities on a pro rata basis. A "supported charity" is defined as any charity that has Users who have selected to support them via the Website. "Users" are defined as anyone who selects a charity from the Website to benefit from their use of the site or who uses the Website via a referral from a charity Website.
How we allocate money to charities via Donation, Sponsorship and Vouchers
Our Payment Partner collects all donations made via the Website and disburse them to your requested charity. When donations are collected they incur a 4.8% administration charge to cover the collection, credit or debit card fees and administration of the donation. Gift Aid will be collected on all qualifying donations and also disbursed to your requested charity without charge.
How we allocate money to charities via shopping and eBay
The money is allocated to each charity supported by the Users who made the purchases or won the auctions. Disbursements are made to Charities via our payment partner.
Any shopping or eBay revenue earned by Users who elected to fundraise for All Supported Charities on the site will be disbursed to individual charities that have been supported by Users of the Website. In this case, the sum each charity receives is entirely proportional to the amount that Users use the Website relative to the Users of other supported charities.
How we allocate money to charity via Give as you Live
Please see our Give as you Live Terms and Conditions
Sponsorship and Appeals
Once you have made a payment to a fundraiser it is treated as a donation to the charity they are support at the time. Your payment is non refundable even if the fundraiser fails to complete their event.
Collection of promises to pay made via the Everyclick Pledge system are the responsibility of the individual fundraiser.
Donation amounts shown on Everyclick
The figures shown on the Website include estimated search revenue in addition to actual, shopping and eBay revenues and donations. They are updated every 3 minutes. They are verified monthly prior to disbursements being authorised. Payments are made to charities on a regular basis. It is possible that, following the monthly verification process, the actual search revenue will be less than that estimated which may, very occasionally, result in charity totals displayed on the site decreasing.
Use of funds
Each charity beneficiary reserves the right to utilise the income raised through Everyclick.com, including that raised through sponsorship and the sending of greetings and eGfits, to best effect for the charity.
In the event that a charity ceases to operate or becomes de-registered before all of the monies raised or donated can be sent to them, their outstanding payment will be distributed to a charity or charities at the discretion of Everyclick management.
Unauthorised card use
When a donation is made via the Website the transaction is final and not disputable unless unauthorised use of your payment card is proved. 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.
Gift Aid information
When you donate to a charity on the Website 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, our Payment Partner reclaims Gift Aid on behalf of the charity under the Gift Aid Scheme. We are 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.
User Generated Content
You must at all times use the Website and its associated services in a responsible and legal manner. In particular, but not exclusively:
- You must not upload offensive, obscene or racist content, including photographs, on to the Website. We do not actively edit the Website but reserve 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 email us at firstname.lastname@example.org
- If you build a charity fundraising page on the Website, it is your responsibility to ensure that the content you are uploading on your page, in particular the photograph, is not copyright-protected. If it is, you must obtain the copyright owner's written consent to use it. Everyclick and the recipient charities reserve the right to remove any pictures, photographs or copy from personal fundraising pages, at its sole discretion and without notice if their copyright status is in any doubt. If you suspect a breach of copyright on the Website, please email us at email@example.com
In addition, you as a user must not:
- misrepresent your identity or affiliation with any other person or organisation;
- use the Website to send junk email or 'spam' to people who do not wish to receive email from you;
- use the Website to conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
- 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);
- request that Gift Aid is claimed on payments for purchasing tickets, services or goods;
- request Gift Aid on behalf of another person.
Some of the content we display on the Website is generated by members of the public. The views expressed are those of the public and unless specifically stated are not those of the Everyclick Ltd. If you consider this content to be in breach of the posting rules as indicated below, please alert us by using the "Report Abuse" mechanism.
- Contributions must be civil and tasteful.
- No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
- No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
- No spamming or off-topic material: we don't allow the submission of the same or very similar contributions many times. Please don't re-submit your contribution more than once.
- No advertising or promoting.
- Contributions containing languages other than English may be removed unless allowed in the relevant local house rules.
- No impersonation.
- No inappropriate (e.g. vulgar, offensive etc) user names.
- Deliberate misuse of the complaints facility is not permitted. If you persist in doing this, action may be taken against you and your account/profile may be banned.
We reserve the right to cancel your membership and delete any charity fundraising page without notice in the event of a breach of the above rules.
Fraud and Misrepresentation
Only referrals for genuine signups will be paid. Multiple accounts created for use by or under the direction or control of the same person or any fraudulent signups, or signups using fictitious email addresses that we subsequently detect may result in any unpaid referrals being withheld at the discretion of the Company.
The Company's decision, after investigation, will be final and action may be taken to reclaim funds gained as a result of misrepresentation or fraudulent behaviour.
Provision of the Services
Using the Services will provide you with access to third party websites and their content ("Third Party Content"). We have no control over Third Party Content, and can give no warranty or other assurance about its quality, accuracy or appropriateness. We do not monitor or screen the Third Party Content, and the process by which you access it is automatic. It is therefore possible that you may access Third Party Content that you or others find unpleasant or offensive. We can take no responsibility in such cases, save that we will do all that we reasonably can, in terms of taking appropriate technical measures, to block pornography.
With the exception of Third Party Content, in respect of which we have no liability and claim no rights, all copyright and other intellectual property rights relating to this website and the Services are owned by us or our licensors and your use of the Services does not give you any right to use such copyright and other rights except that we grant you a temporary licence for the sole purpose of using the Services in accordance with these Terms.
Limitations on your use of the Services
You agree that you will not sell, sub-licence, reproduce, duplicate, or copy the Services, or provide a service bureau, or create a substitute or similar service, using the Services, whether or not you make any charge for doing so. You may not link this website to any other website without our prior permission unless using the code provided on our website. You may not meta search this website or use it to make automated queries. We reserve the right, in our sole discretion, to restrict or terminate your access to the Services if we have reason to believe that you have breached these Terms, including in a manner identified by our click fraud detection and prevention technology.
No Automated Querying
You may not send automated queries of any sort to the Website. Note that "sending automated queries" includes, among other things:
- Using any software which sends queries to the Website to determine how a website or webpage "ranks" on our partner's search engines for various queries
- "Meta-searching" the Website
- Performing "offline" searches on the Website
You shall not, and shall not authorize or encourage any third party to directly or indirectly generate queries, impressions of or clicks on any Search Results, Links and/or Ad(s) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software.
Appointment of Sub-licensee
In consideration of the undertakings given by Everyclick in this Agreement, any Charity that creates an Administrator and uploads content to the Website hereby appoints the Company as its nonexclusive licensee to use the Name and Logo of the Charity in connection with the Product and related Company API technology and in any related advertising materials.
In consideration of the undertakings given by the Charity in this Agreement, the Company hereby appoints the Charity as its nonexclusive licensee to use the Everyclick Name and Everyclick Logo in connection with the Product for the Term on the terms of this Agreement.
Obligations of the Charity
Any Charity that is promoting the Website or has funds raised by supporters undertakes with the Company that it shall:
- register a charity Administrator on the Charity Administration system and provide valid banking information so that the Company can make appropriate BACS payments to the Charity. To register go to: http://www.everyclick.com/charities/charity-payment
- obtain the prior written approval of the Company in relation to all advertising materials used by the Charity which utilise the Everyclick Name and/or Everyclick Logo; other than those that are preconfigured for the charity and available for download from the charity website.
- not bring the Company into disrepute in any way whatsoever and ensure that none of its activities or those of any subsidiary or holding company are or will be inimical to the activities of the Company;
- abide at all times with the Data Protection act 1988 in relation to the Data.
Financial obligations of the Company
The Company undertakes with the Charity that it shall:
- in respect of every calendar month give 50% of its gross advertising derived revenue to charities generally;
- allocate for the Charity's benefit a percentage of the gross advertising derived revenue equivalent to the proportion that the Charity's Supporters use the search engine hosted by the Website relative to other charities' supporters during that same calendar month;
- pay Monthly to the Charity a Donation which equals: the sum allocated for the Charity's benefit less any charges made by the payment partner for distribution of the donation.
Ancillary obligations of the Company
The Company undertakes with the Charity that it shall:
- not bring the Charity into disrepute in any way whatsoever and ensure that none of its activities or those of any subsidiary or holding company are or will be inimical to the activities of the Charity;
keep detailed books of account and records relating to all Payments and Donations and allow the Charity, their employees, agents and professional advisers to inspect, audit and take copies of any appropriate records of the Company relating to the Donations to the Charity;
- it will use all reasonable skill and care in complying with its obligations under this agreement and that it shall meet or exceed the standards attained by other companies offering similar services;
- it shall use its best endeavors to ensure that the Website and all related services are fully operational
- it will perform its obligations under this Agreement in such a way as to not cause any harm or interruption to the Charity's business;
- abide at all times with the Data Protection act 1988 in relation to the Data.
Nothing in these Terms shall be construed as restricting or excluding our liability for death or personal injury resulting from our negligence or for fraud.
We warrant to you that we will seek to supply the Services with reasonable skill and care. All other warranties (including warranties that are implied by statute or otherwise) that would otherwise apply to the provision of the Services are excluded to the fullest extent permitted by law. SUBJECT TO WHAT WE SAY ABOVE IN THIS PARAGRAPH, THE SERVICES AND ALL THIRD PARTY CONTENT ARE PROVIDED ON AN "AS IS" BASIS AND WE SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY ARISING FROM YOUR USE OF THE SERVICES OR THE NON-AVAILABILITY OF THE SERVICES. THIS EXCLUSION OF LIABILITY EXTENDS, WITHOUT LIMITATION, TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSS, WHETHER OR NOT THE POSSIBILITY OF SUCH LOSS ARISING ON A PARTICULAR BREACH OF CONTRACT OR DUTY HAS BEEN BROUGHT TO OUR ATTENTION AND TO ALL THIRD PARTY CLAIMS, ECONOMIC LOSS OR OTHER LOSS OF BUSINESS, PRODUCTION, REVENUE OR PROFIT, GOODWILL, ANTICIPATED SAVINGS OR LOSS OF DATA, IN EACH CASE WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE. WITHOUT PREJUDICE TO THE FOREGOING, WE DO NOT ACCEPT ANY LIABILITY IN RELATION TO ANY GOODS OR SERVICES THAT YOU RECEIVE FROM ANY THIRD PARTY WHO ADVERTISES ON THIS WEBSITE OR WHOSE WEBSITE YOU ACCESS THROUGH THIS WEBSITE.
You agree to indemnify us and our Payment Partner against all losses (including, without limitation, our reasonable legal costs) we may incur as a result of any breach by you of these Terms.
No waiver or variation of any of these Terms shall be effective unless in writing and signed by us. We do not intend the Contracts (Rights of Third Parties) Act 1999 to apply to these Terms. These Terms and the provision of the Services by us are governed by the laws of England and the English Courts shall have exclusive jurisdiction to hear any dispute relating to them.
We aim to provide you with quality services at all times. If, however, you feel that you have any reason to complain, you can contact us by the means given above. We will try to do our best to solve any problems that arise.
Failure to comply with these Terms and Conditions
In the event that you commit a breach of these Terms and Conditions the Company reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and services.
You may discontinue use of the Website and services at any time. These Terms and Conditions will continue to apply to past use by you.
- The Charity Commission make available to the general public a database of basic Charity details for all registered UK Charities.
- This database includes a contact name and email address and details of the Charity's aims and objectives by class.
- Everyclick Limited uses this freely available data to create our list of Charites that can be supported by users of its products such as 'Give as you Live' and Everyclick search. This gives our users the ability to support any UK registered Charity however, large or small.
- We only hold the data that is provided by the Charity Commission unless the Charity has provided us with additional or alternative contacts etc.
- The data is also used as a contact list to make Charities aware of further 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.