Terms & Conditions
Welcome to HelpMyCause. These terms and conditions govern your access to and use of this website, various online tools and services that HelpMyCause ("HMC") makes available to donors, fundraisers, non-profits, registrants and all other users of the HMC service - collectively called Users of the HMC service (the Service).
- Your Responsibilities: By accessing the Service, you agree to:
HMC’s Responsibilities To Users: In accordance with terms and conditions contained herein, if you are a User, HMC will perform and You authorise HMC to provide as Your agent and on Your behalf the following services (hereafter called "the Services"):
- be bound by the terms and conditions set forth herein.
- comply with any technical specifications, rules of operation or security procedures set forth by HMC from time to time on the Service. From time to time we may revise or modify these terms and conditions with the current showing the revised version. We shall endeavour to notify you of any such changes; however, whether or not we do provide you with notice, you will be bound by the revised terms and conditions for all subsequent uses of this Service after such modifications have been made.
- HMC will be paid and process online donations (online Donations) made by individuals or entities (Donors) through the HMC Service.
- HMC will hold the funds received through online Donations in a non-operating bank account and remit to the designated non-profit by cheque or electronically to a designated bank account, the online Donations, less (a) a service fee, (b) all credit card processing charges and (c) banking fees. All these fees are subject to change at any time at the discretion of HMC.
- HMC will send a transaction receipt and 'Thank You' email to Donors. HMC also automatically generates and sends a series of emails to fundraisers and donors to assist them more effectively in using the HMC Service.
- HMC will make available to each non-profit user (i.e. an individual authorised by a non-profit organisation whose supporters use the Site to raise money for such organisation), online reports identifying, where available, the name, address, email and transaction accounting details of the individual and of entities that have made online Donations to their organisation, along with amount of the Donation.
HMC User Accounts: We make this Service available for use by the general public and non-profit users, subject to these terms and conditions.
When you use this Service for any purpose, you will be asked for your name, address, email address, and other information to identify yourself or your organisation and you will be given the option to create a HMC account.
In order to access and use the Service aside from making a donation, you must complete the account creation process. Access to the use of password-protected and secured areas is restricted to users who have created an account.
Any attempt to access restricted areas without authorisation is prohibited. When you create an account with HMC, you will need to create a password to access the HMC Services. You are responsible for maintaining the confidentiality of your password. Keep your password in a secure place and do not allow any unauthorised persons access to your password. If you become aware of any unauthorised use of your password or other security breach, please notify HMC immediately.
Donors will pay the online Donations by credit card, debit card or other methods to HMC as their Agent. The fees deducted by HMC from the Donations are payable to HMC at the time of the transaction.
Payment by HMC to the designated non-profit organisation (the donation recipient) will be made either:
(a) weekly via electronic funds transfer or monthly if payment is via cheque, if the funds due to such a participant exceed £99.99 or
(b) no less frequently than quarterly if the funds due are less than £99.99.
Payments will be sent on or about the 17th day of the month following the end of the relevant payment period. These payment schedules are subject to change at any time at the sole discretion of HMC. Non-profit users will be responsible for taxes based on its net income or gross receipts.
Donations to Non-profits, Our fees
If you are a Fundraiser or Donor, you are solely responsible for ensuring that you have selected the correct organisation to fundraise for or donate to.
All donations to non-profits are made as unrestricted gifts and may not be specified for any particular purpose. The amount of donations to the non-profit designated by you are charged on your debit card or credit card and paid to and processed by HMC or its affiliates, on behalf of such non-profit organisation.
Any payments of donations are final and non-refundable. The donations will be held in a non-operating bank account until such time as HMC forwards the donations to the nonprofit or payee of the funds. HMC forwards donations to the nonprofit at intervals as determined by HMC and the nonprofit. It is as frequently as weekly but no less frequently than quarterly.
Your donations to the nonprofit designated by you will be net of fees as designated in the relevant sections above. This fee structure is subject to change from time to time at the sole discretion of HMC.
Users agree not to use an invalid or unauthorised credit card in making transactions on the HMC site. Once a donation is made, the transaction is final and not subject to dispute unless unauthorised use of the User's payment card is proved. If you become aware of fraudulent use of your card, or if your card is lost or stolen, you must notify your card provider in accordance with the provider's notification rules.
Information on Web Site
Any information, ideas or opinions posted by Users of the HMC Service or Web site do not necessarily reflect our views. We do not assume responsibility for the accuracy of any information, ideas or opinions posted by users and we are not liable for any claims, damages or losses arising from such information, ideas or opinions.
If you post any information, materials or other content on our website, you authorise us to use and publish such material in any manner we choose and without any obligation to compensate you or anyone else. When posting any information, materials or content you agree that you will not:
- Harass, defame, intimidate or threaten another user.
- Interfere with another user's rights or privacy.
- Post any material that is defamatory (i.e. disparaging to the reputation of an individual or business).
- Post any material that is obscene, offensive or indecent.
- Post any trademarks, logos, copyrighted material or other intellectual property without the authorisation of the owner.
- Operate, conduct, or promote, directly or indirectly, raffles, lotteries or similar gaming activities, whether for charitable purposes or otherwise.
- Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse).
- Advertise or sell any goods or services.
Our website may provide links to third-party websites or services and may link you automatically to sponsors' or third party's websites or services. We provide such links solely for the convenience of our users. We do not review or endorse, and are not responsible for, any content, advertising, products, services or other materials on or available from such websites or services. You assume full responsibility for your use of third-party websites or services.
a) Trademarked Material: You own all your Marks provided by you in connection with your use of this Service (collectively, “Your Materials”). You hereby grant to HMC a nonexclusive, royalty-free transferable, fully paid-up world-wide license to use, copy, display, transmit, publish and distribute your materials for the sole purpose of providing the services described in these terms and conditions.
Without limiting the generality of the foregoing, You authorise HMC to include your name and logo in a press release, case studies or other announcements, and on the HMC Web site.
HMC obtains no other right, title or interest in your materials except as set forth herein.
(b) HMC Material: HMC and its licensors shall retain all Intellectual Property Rights in the software, tools, designs, documentation, data and any other material developed or provided by HMC pursuant to these terms and conditions, including but not limited to, the services and any data, text, pictures, audio, graphics, logos, marks, symbols, video, visual, oral or other digital material and any other content of any description, provided by HMC pursuant hereto.
The names HMC, HMC.co.uk, HMC.net, the HMC logo and any other product and service names that we may present on the Site from time to time may not be used in connection with any product or service that is not HMC's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit HMC.
Other trademarks, service marks or logos that appear on the Site or in any place where the HMC service is rendered, in particular (but not exclusively) those of non-profits registered with HMC, 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 HMC and the trademark owner.
All content on this Site is owned by HMC, the non-profits registered with HMC, or other original providers, and is protected by applicable intellectual property and proprietary rights and laws. You may copy such content for your own personal, non-commercial use provided you do not alter the content or remove any copyright, trademark, or other proprietary notice. No other use of the Services' content is permitted without the express prior permission of HMC, and, where applicable, the copyright or copyright holder. Inquiries and permission requests may be sent to firstname.lastname@example.org
Representations and Warranties, Disclaimers
Use of this Service is solely at your own risk. HMC provides the tools, the site, and the services on an “As Is”, “As Available” basis. Each party undertakes and warrants that it shall perform its obligations in a manner that complies with the applicable United Kingdom and European Union laws, as well as all local laws, usage, regulations and codes (including identifying and procuring required registrations, certificates and approvals and posting of any necessary bonds). Without limiting the generality of the foregoing, you further warrant that you own or otherwise have sufficient rights to grant, all licenses to your materials, have collected your materials in compliance with all applicable laws, rules, and regulations (including any infringement or misappropriation of United Kingdom (U.K.) and European Union (E.U.)patent, copyright, trademark or trade secret), and that the use and provision of your materials as contemplated herein will not infringe the intellectual property, privacy or other rights of any third party.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
To the extent permitted by law, HMC expressly disclaims any and all such other warranties.
HMC makes no representation as to whether all or any portion of the online donations are tax deductible.
HMC will have no liability for any claim by any U.K. or E.U. tax authority with respect to the characterisation by You or any User on each of the applicable U.K. and E.U. returns.
(a) Indemnity by HMC: HMC agrees to indemnify, defend and hold harmless, you and (if applicable) your officers, directors, employees, agents, successors and assigns, from any and all Losses arising from any third party claim, action or proceeding alleging that the services hereunder or the HMC Materials:
(i) violate or infringe the Intellectual Property Rights of such third party or
(ii) violate any applicable law, rule or regulation.
(b) Your Indemnity: You agree to indemnify, defend and hold harmless HMC and its officers, directors, employees, agents, successors and assigns, from any and all losses arising from any third party claim, action or proceeding alleging:
(i) that your materials or the use thereof by HMC or donors,
(1) violates or infringes the Intellectual Property Rights of any third party,
(2) violates any applicable law, rule or regulation, or
(3) constitutes, or contains material that constitutes, libel, defamation or an invasion of privacy
(ii) fraud or misrepresentation by You in connection with your status as a non-profit entity.
(c) Procedures: A party seeking indemnification hereunder (the “indemnitee”) shall promptly notify the other party (the “indemnitor”) upon receipt of notice of the commencement or threatened commencement of any action or proceeding that may be subject to indemnification thereunder. The indemnitor shall have sole control over the defence and settlement of any such claim provided that the indemnitee shall:
(i) be entitled to participate in the defence of such claim and to employ counsel at its own expense to assist in the handling of such claim, and
(ii) reasonably cooperate with the indemnitor in the defence or settlement of such claim.
(d) Remedies: This Section states each party's entire obligation to the other party and such other party's sole remedy with respect to any claim of infringement.
Limitations on Liability
HMC's liability to you for any recoverable losses or damages arising under or in connection with these terms and conditions and your use of this service shall be limited, to the extent applicable, to:
(i) the actual direct damages incurred by you, in an amount not to exceed the total revenue received by HMC resulting from your use of the Service provided hereunder during the most recently preceding 12-month period, or
(ii) your discontinuance of any further use of such items or the service.
HMC shall not be liable for:
(i) damages caused by your failure to perform your responsibilities;
(ii) claims or demands of third parties (subject to the above provisions) or
(iii) any lost or corrupted data, lost profits, loss of business, loss of use, lost savings or other consequential, special, incidental, indirect, exemplary or punitive damages, even if HMC has been advised of the possibility of such damages.
The foregoing limitations shall not apply to:
(i) the payment of settlements, costs, damages and legal fees referred to above or
(ii) your obligation to pay amounts owed as compensation for the services hereunder.
Notwithstanding the foregoing, to the maximum extent permitted by law, HMC disclaims liability for any loss or damages, whether direct, indirect, special, incidental, or consequential (even if HMC has been advised of the possibility of such damages) arising out of:
(i) your use of the HMC Site and services or your inability to do so
(ii) your reliance on any content provided on the service or through the services provided thereunder, and/or
(iii) goods and services in any way associated with this service and the services thereunder.
The limitations of liability set forth above will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in these terms and conditions.
Neither party shall be liable for any default or delay in the performance of its obligations hereunder if and to the extent such default or delay is caused by: fire, flood, earthquake, elements of nature or acts of God; riots, civil disorders, rebellions or revolutions in any country; or any other similar cause beyond the reasonable control of such party. In such event the nonperforming party shall be excused from further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and such party continues to use its best efforts to recommence performance or observance without delay.
Your agreement to abide by these terms and conditions will commence automatically upon your initial use of this service and continue until the earlier of:
(i) termination of your rights to use the service by HMC or
(ii) your ceasing to use the service.
The above provisions shall survive any termination or expiry of these terms and conditions.
You must at all times use this Service in a responsible and legal manner. In particular (but not exclusively) you must not do any of the following: misrepresent your identity or your affiliation with any other person or organisation; send junk email or spam to people who do not wish to receive mail from you; delete or falsify any attributions, trademarks or designations of source from any website content; conduct, display, promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters; or interfere with or disrupt the service or services or networks connected to the service; collect or store personal data about other users including email addresses.
You agree that you will comply with all applicable local, U.K. and E.U. laws, statutes and regulations regarding the use of this Web site and HMC tools and services.
These terms and conditions will be governed by and construed in accordance with the laws of England, without reference to any conflicts of law rules. Any provision of these terms and conditions that is held to be invalid or unenforceable will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve.
The remaining provisions of these terms and conditions shall continue in full force and effect.
Except to the limited extent set forth in preceding provisions above, neither these terms and conditions nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture or agency relationship between the parties.
You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without HMC's prior written consent.
Any purported assignment in violation of the preceding sentence is void and of no effect.
These terms and conditions are binding upon the parties' respective successors and permitted assigns.
No failure of HMC to exercise or enforce any of its rights hereunder will act as a waiver of such rights. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of, any other remedies available to either party at law, in equity or otherwise.
If you suspect any abuse please report it to us at once.