Terms & Conditions 2017-04-11T15:55:13+00:00

Site Terms & Conditions

Our Terms and Conditions (Terms) describe the service that the Sevenoaks Fund provides and your rights and obligations as a donor when you use this site. If you use any other service provided by the Sevenoaks Fund these terms will also apply to that service. The Sevenoaks Fund is an initiative administered by Sevenoaks Town Council (we, us, our) of Town Council Offices, Bradbourne Vale Road, Sevenoaks, Kent, TN13 3QG.

These Terms explain how you may use this website (the Site) which is provided by us free of charge. References in these Terms to the Site includes www.sevenoaks.fund and all associated web pages. You should read these Terms carefully before using the Site. By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you should stop using the Site immediately.

If you have any questions about the Site, please contact us by e-mail at Townclerk@sevenoakstown.gov.uk or telephone on 01732 459 953.

Your use of the Site means that you must also agree to our Privacy policy [ADD LINK] and our Cookie policy [ADD LINK].

1. About the Site
1.1 The Site allows you to donate to, and raise funds for, applicable charities listed on the Site from time to time. All of the charities featured on the website have entered into an agreement with us and where applicable will be reclaiming Gift Aid under the UK governments Gift Aid scheme.
1.2 Full details of the charities and their respective projects can be found on the Site.
1.3 Where detailed charities are registered with the Charity Commission for England and Wales.
1.4 Each charity is responsible for its relationship with you and we accept no responsibility for that relationship. You may become a commercial participator and legally obligated under section 59 of the Charities Act 1992 to enter into a written agreement with the charity you are donating to, or raising funds for. If you are in doubt, or indeed you have any questions at all about this, then you should contact the charity directly.
1.5 The purpose of the Sevenoaks Fund is to assist local charities to raise funds for the projects listed on the Site.
1.6 We do not offer regulated investments and are not authorised or regulated by the Financial Conduct Authority. This is not a crowdfunding site and the projects listed do not offer incentives for donations.
1.7 Please note there is no recourse to either the Financial Ombudsman Services or the Financial Service Compensation Scheme.

2. Use of Donations
2.1 The Site allows for voluntary donations to be made towards a specific charity and/or project of your choice as you may select on the Site.
2.2 We are not responsible for any dissatisfaction you may have regarding the recipient charity’s use of any donations you make through the Site.
2.3 Please note we do not have any involvement with the day to operations of the charities listed on the Site.
2.4 The charities listed on the Site have agreed with us that the funds donated will be solely and directly for the purpose of achieving the project goals outlined on the Site and not for any other purpose.

3. Donations
3.1 Under charity law, we are not permitted to refund donations, other than in specific circumstances. Therefore, please review the submission page carefully before confirming your donation and read the following provisions.
3.2 The initial fund raising period for each project will be set at one year.
3.3 If the project does not reach its fundraising target within the fundraising period, you will be contacted and offered a refund of your donation or to continue to donate it for a further one year, after which we will again contact you and ask the same question. This is without prejudice to our right, subject to applicable charity law, to refund you at our discretion after the initial fundraising period (for example, if we suspect that there is little chance of the fundraising target being met).
3.4 We will make any refund to the same payment method as you originally paid unless you otherwise inform us in writing.
3.5 Unless you have requested the donation be made anonymously, your name and the amount you donated will be shown publicly on the Site. To make a donation anonymously please select the option on the Site before submitting your donation.
3.6 If you have agreed for us to reclaim under Gift Aid, your details will be forwarded to the charity for processing (see more below on Gift Aid).

4. Donation fees
4.1 There are no processing fees payable in addition to your donation amount.
4.2 Please note that if you are paying in a currency other the GBP you maybe charged additional fees by the payment processor.
4.3 Any interest accrued on your donation will be used to offset the administration and electronic payment fees.
4.4 The only charge that you may face for your donation will be levied by your own card provider.

5. How to pay
5.1 When making a donation through the Site, payment is processed by a third party called Stripe Payments UK Ltd (Stripe).
5.2 Donations can be paid for using Visa and Mastercard credit and debit cards and Apple Pay using the Site through Stripes’ secure payment system.
5.3 Please check Stripes’ terms and conditions and privacy policy at https://stripe.com/gb/privacy and ensure that you are happy with these before making a donation.
5.4 When the donation has been processed and cleared funds have been received the donations are allocated to a separate bank account to be held in the name of the charity.

6. Unauthorised card use
6.1 When a donation is made on the Site it is non-refundable unless you can show that the payment was as a result of unauthorised use of your card or fraud.
6.2 If you would like to dispute an unauthorised payment please contact your bank who will advise accordingly.

7. Gift Aid information
7.1 Gift Aid will only be available to UK charities that are recognised charities for tax purposes. The Site will only allow for the nomination of Gift Aid in relation to applicable charities.
7.2 Gift Aid is a tax relief allowing UK charities to reclaim an extra 25% in tax on every eligible donation made by a UK taxpayer.
7.3 When you donate to a charity on the Site you will be asked whether or not you are a UK taxpayer. Please note that Gift Aid can only be reclaimed on donations made by individuals who pay UK income or capital gains tax at a rate at least equal to the amount reclaimed on their donations in the current tax year.
7.4 We are not an accounting, taxation or financial advisor and you should seek professional advice on the consequences of making a donation using Gift Aid.
7.5 By ticking the appropriate box, you agree for us to forward your details to the relevant charity to reclaim under the Government’s Gift Aid scheme.

8. Using the Site
8.1 The Site is for your personal and non-commercial use only.
8.2 You agree that you are solely responsible for:
(a) all costs and expenses you may incur in relation to your use of the Site; and
(b) keeping your password and other account details confidential.
8.3 The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
8.4 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at webmaster@sevenoaks.fund and/or use the website accessibility tools available where indicated.
8.5 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

9. Ownership, use and intellectual property rights
9.1 This Site and copyright and other intellectual property rights in it, including but not limited to any digital content and trade or service marks of ours and the charities, are owned by us. We reserve all of our rights in any intellectual property in connection with our Site or these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
9.2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access and use the Site. You agree not to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

10. Submitting information to the Site
10.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any information that you regard as confidential or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
10.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

11. Accuracy of information and availability of the Site
11.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any particular purpose. Any reliance that you may place on the information on this Site is at your own risk.
11.2 We may suspend or terminate operation of the Site at any time as we see fit.
11.3 Content is provided for your general information purposes only. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
11.4 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
11.5 While we try to make sure that the information contained on the Site concerning our charities or in connection with any project is accurate, true and not misleading, we cannot warrant, represent, guarantee or promise the information will be.

12. Acceptable use policy
12.1 If you submit any comments with your donations, they must not:
(a) contain any material which is defamatory of any person.
(b) contain any material which is obscene, offensive, hateful or inflammatory.
(c) promote sexually explicit material.
(d) promote violence.
(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(f) infringe any copyright, trade mark or other intellectual property right of any other person.
(g) be likely to deceive any person.
(h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(i) promote any illegal activity.
(j) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
(k) be likely to harass, upset, embarrass, alarm or annoy any other person.
(l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(m) give the impression that they emanate from us, if this is not the case.
(n) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
12.2 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching any of this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
12.3 Failure to comply with this acceptable use policy constitutes a material breach of these Terms and may result in our taking legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach, further legal action against you and/or disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

13. Hyperlinks and third party sites
The Site may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

14. Limitation on our liability
14.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
14.2 If you are a business user:
(a) we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;
(b) we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(i) use of, or inability to use, our site; or
(ii) use of or reliance on any content displayed on our site.
(c) in particular, we will not be liable for:
(i) loss of profits, sales, business, or revenue;
(ii) business interruption;
(iii) loss of anticipated savings; or
(iv) loss of business opportunity, goodwill or reputation;
(d) furthermore, we will not be liable for any indirect or consequential loss or damage.
14.3 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.

15. Events beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

16. Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.

17. Variation
No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

18. Disputes
18.1 We will try to resolve any disputes with you quickly and efficiently.
18.2 If you are unhappy with us please contact us as soon as possible You can do this by email to Townclerk@sevenoakstown.gov.uk, telephone 01732 459953 or by post to Sevenoaks Town Council, Council Offices, Bradbourne Vale Road, Sevenoaks, Kent, TN13 3QG.
18.3 If you and we cannot resolve a dispute using our complaint handling procedure, we will:
(a) let you know that we cannot settle the dispute with you; and
(b) give you certain information about our alternative dispute resolution provider.
18.4 If you want to take court proceedings, the relevant courts of England, Scotland or Northern Ireland will have exclusive jurisdiction in relation to these Terms.
18.5 English law will apply to these Terms.

March 2017