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Terms & Conditions

1.0 Welcome

1.1 Introduction

Welcome to the Everyclick terms and conditions, regarding use of our search engine and website (www.everyclick.com). Everyclick is part of the Give as you Live online fundraising platform, operated by Give as you Live Limited.

We also have separate documents that cover:

If you use other products and services from Give as you Live Limited, additional policies may apply - you should check the relevant website(s) for those additional policies.

If you represent a charity, you should see our charity terms and conditions.

This policy was last updated on 1st July 2019.

1.2 Formal notices

Everyclick is a trading name of Give as you Live Limited ("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 to raise donations as you search the web. Your charity is allocated an amount based on your eligible activity of Everyclick. The amount allocated to each search is subject to the revenue we receive and can increase or decrease at any time.

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.

You may only use Everyclick to make genuine searches. 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 Give as you Live shopping donations

Everyclick Search includes results from Give as you Live (www.giveasyoulive.com) which is also run by Give as you Live Limited. These results allow donations to be raised when eligible purchases are made at participating retailers after following the provided link. When following these links, in addition to these terms, the terms and conditions for Give as you Live also apply.

2.3 Direct donations

When making a direct donation to a charity via the Everyclick website, you are taken to the Give as you Live Donate website (donate.giveasyoulive.com) which is also run by Give as you Live Limited. When doing so, in addition to these terms, the terms and conditions for Give as you Live Donate also apply.

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 3.4 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 'featured charity'.

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, subject to our payment schedule and to any minimum payment thresholds.

Give as you Live Limited does offer additional products and in some cases fees or different payment timinings may 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.

3.4 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 at our discretion 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 within a reasonable time.

In some cases, a charity may cease to be listed on our services - this may be because they have ceased to exist as a registered charity, or it may be at their request. Any outstanding donations will be paid to a charity of our choice.

3.5 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

4.1 Privacy policy

Our privacy policy explains how we handle your account information and the steps we take to ensure your privacy. We also have a cookie policy.

4.2 Trademarks

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 merchants - 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.

4.3 Copyright

All aspects of the Everyclick service are protected by copyright. All content is owned either by Give as you Live Limited, 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 Give as you Live Limited, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to finance@everyclick.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 and Conditions.

4.5 Indemnification

You agree to indemnify Give as you Live Limited 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 or undertaking of the accuracy or completeness of any information on the site and do not accept liability for any errors or commissions, neither do we accept any liability for any resulting damage or loss howsoever arising.

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 third party sites, or for pages to be linked to from any websites that contain material which could be construed as offensive or illegal.

4.7 Links to external websites

Everyclick links to many other third party 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 does 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 or improper use then we reserve the right to 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.

4.10 Disclaimer

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.

4.11 Termination

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.

4.13 Miscellaneous

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.