Terms of Service

Please read these Terms and Conditions carefully. These Terms and Conditions apply to all registered users that use or have access to a Charity account on GiveWheel. As a registered organisation on the GiveWheel platform, each Charity and similar non-profit organisation (a “Charity” for the purpose of this agreement) is agreeing to these Terms and Conditions. If the Charity does not wish to be bound by these Terms and Conditions, the Charity should not continue to access or use any of the GiveWheel Services.

When stated, “GiveWheel”, “we”, “us” or “our” in these Charity Terms, we mean GiveWheel Limited. When we say “you” or “your”, we mean the “Charity” that is registered to GiveWheel for the provision of the GiveWheel Services or featured as part of our Donor Assist services.

GiveWheel operates and manages givewheel.com (the “GiveWheel Website”). The GiveWheel Website allows donors to make single and monthly recurring online donations to your Charity, as well as create fundraising pages (set up by a fundraiser(s) and hosted on the GiveWheel website), a web page specifically created for you and/or otherwise through a website controlled by GiveWheel. GiveWheel operates two distinct ways for Charities to receive money which are set out in 1.6. These Terms and Conditions govern the Charity's use of the GiveWheel Services.

Please note that separate terms and conditions may apply (in addition to these Terms and Conditions) for the use of specific GiveWheel Products or Services.

From time to time, GiveWheel may amend these Terms and Conditions. These Terms and Conditions supersede and replace all previous versions of the Terms and Conditions. The current version of the Terms and Conditions will be available on givewheel.com. It is the Charity's responsibility to access and check these Terms and Conditions whenever the Charity accesses or uses the GiveWheel Services.

Our Terms and Conditions and Privacy Policy will apply at all times, and you can ask us for a copy of these at any time. If you want to get in touch with us, please email us at team@givewheel.com.

GiveWheel Term and Membership

1.1 In order to become a member (and remain eligible to be a member) of GiveWheel, you must be registered for Gift Aid with HMRC and meet the following criteria:

  1. a charity that has its registered address in the UK and is registered with the Charity Commission for England and Wales, the Office of the Scottish Charity Regulator, the Charity Commission for Northern Ireland, or exempt from registration;
  2. an organisation such as a CIC or CASC that has its registered address in the UK;
  3. an organisation or recipient that has obtained written permission from GiveWheel.

1.2 GiveWheel will carry out all necessary checks to verify your identity and related information. In some cases, additional verification may be required. We may decline your application at our discretion.

1.3 Once your application is approved and GiveWheel systems are set up to process payments for you, you will become a member. Your membership will continue until it is terminated as per Section 5.

1.4 You must comply with these Terms and Conditions for the duration of your membership.

1.5 Any funds pledged to a Charity are secure, and GiveWheel ensures prompt transfer to the recipient Charity, regardless of their continued presence on the platform.

1.6 GiveWheel operates two methods for Charities to receive donations:

  • The "Donor Assist" service, where GiveWheel assists donors with their giving without providing services to the charity itself.
  • GiveWheel Membership, which is free for Charities and includes several benefits.

Fees

GiveWheel provides a free platform for charities, with no registration or ongoing fees. Optional paid plans may be offered for additional services.

2.1 Subscription Fees

GiveWheel may offer charities a subscription option to access additional features or modules. There is no obligation at any time to enrol in a subscription and key services will always be provided free to charities.

2.2 Transaction Fees

There are no platform fees, but payment provider fees from Stripe apply. These will be deducted from donations automatically. For donations processed through Charities Trust, an additional fee applies. Information on fees charged can be found at: https://help.givewheel.com/content/what-fees-does-givewheel-charge

How We Will Communicate With You

3.1 We will communicate using the contact details you provide in your Charity Account.

3.2 In case of fraud or security concerns, we may contact you via email, letter, or phone.

3.3 If you need documentation in a different language or format, contact us via email at support@givewheel.com.

Amending These Terms

4.1 GiveWheel may amend these Terms. Continued membership is considered acceptance of these amendments.

4.2 Changes may occur due to:

  • Changes in the cost of providing services;
  • Introduction or removal of services;
  • Technological or system changes;
  • Legal and regulatory changes;
  • Clarification or correction of errors.

Terminating Your Membership

5.1 To terminate your membership, send written notice via email to GiveWheel at support@givewheel.com.

Charity’s Obligations

6.1 The Charity is responsible for maintaining accurate details in their Charity Account.

6.2 The Charity must not post offensive or unlawful content on its Public Page or other parts of the GiveWheel Website.

6.3 The Charity must maintain necessary permissions and licenses for fundraising activities.

6.4 The Charity must comply with all applicable laws and regulations in its use of GiveWheel services.

Charity’s Obligations - Personal Information

7.1 In all instances that your use of the GiveWheel Services results in access to any Personal Information, you will:

  • at all times assist with the responsibilities of GiveWheel, as a data controller responsible for determining how the Personal Information is processed under the provisions of the UK General Data Protection Regulation (GDPR);
  • not do, or cause or permit to be done, anything which may result in a breach by GiveWheel of UK GDPR and comply with all reasonable instructions from GiveWheel relating to the processing by the Charity of such Personal Information;
  • abide by the lawful instructions of all data subjects in respect of the Personal Information and not do anything to compromise the security of such information;
  • not sell, trade or rent Personal Information to third parties;
  • hold the Personal Information securely and not disclose it to anyone other than GiveWheel, as agreed to by the data subject and/or as permitted by UK GDPR;
  • implement adequate security, technical and organisational measures against all unauthorised, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with UK GDPR, and abide by GiveWheel’s reasonable requirements to ensure the security of the Personal Information as notified to the Charity from time to time;
  • use Personal Information appropriately and only for the specific purposes as notified to the Charity from time to time, including by way of the applicable privacy policy available on GiveWheel's Website; and
  • not retain any Personal Information for longer than is necessary.

7.2 In addition to its obligations under section 7.1, if your use of the GiveWheel Services results in access to any Personal Information and the fundraiser or donor has agreed to receive marketing communications from the Charity (as will be reflected in the Charity Account), you will only send marketing communications to the fundraiser or donor to the extent that the fundraiser or donor:

  • has indicated their preference to receive such communications; and
  • has not indicated a preference or otherwise asked to stop receiving such communications. This includes the fundraiser or donor clicking an unsubscribe link or registering with any applicable preference service (which the Charity agrees it shall, to the extent it is required to do so, check before sending any communications).

A donor will have the option to opt-in for marketing communications, upon which GiveWheel will pass on the donor’s contact details to the Charity in the exportable reports available via your account portal. Please note, this opt-in is not specific to an individual charity. As such, the charity is responsible for cross-checking this to any email listings the donors are already subscribed to verify their continued email preference.

7.3 All marketing communications must also meet the requirements set out by the Fundraising Regulator (standards 9.1).

7.4 Where use of the GiveWheel Services results in access to any Personal Information relating to a fundraiser but that fundraiser has not agreed to receive marketing communications from the Charity, as will be reflected in the Charity Account, you shall only communicate with that fundraiser in relation to their specific fundraising page and shall not (unless separate consent is obtained by the Charity) communicate with that person for any other purpose (including marketing).

7.5 You shall be liable for and indemnify GiveWheel, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by GiveWheel which arise (directly or indirectly) out of or in connection with any breach of section 7 by the Charity.

GiveWheel’s Obligations

8.1 GiveWheel will comply with applicable laws in providing its services.

8.2 GiveWheel will ensure that the website is available and donation-related information is accurate.

8.3 GiveWheel will undertake occasional and planned maintenance to maintain our Services.

8.4 As operator of the GiveWheel Services, GiveWheel acts as an intermediary between the Charity and each user of the GiveWheel Services, including companies. Whilst the Charity and the individual user information resides on the GiveWheel Services, GiveWheel does not check or exercise editorial control over the content of such information.

8.5 In the event that GiveWheel is made aware of or has knowledge of any unlawful activity or information on the GiveWheel Services, GiveWheel shall promptly act to remove or disable access to the information. GiveWheel shall not be liable to the Charity as a result of its role as intermediary and is not required to notify the Charity of any such removal or disablement of access to information.

8.6 During the term of your Charity's membership, you acknowledge that analytics may be collated around donations on the GiveWheel platform, including data relating to the Charity. This information may be disclosed to third parties for reporting purposes and performance benchmarking.

GiveWheel’s Obligations - Personal Information

9.1 GiveWheel will collect and store personal information (including but not limited to) the fundraiser's and the donor's title, full name, address and email address ("Personal Information") and Gift Aid information, and at all times in accordance with UK General Data Protection Regulation, regulatory requirements and guidance.

9.2 Charities should refer to GiveWheel's Security and Data Protection document for more details of how GiveWheel operates its Services, complies with Data Protection and Privacy Laws (including processing Personal Information and using cookies). Selected Personal Information shall be shared with the Charity in accordance with the terms stated under this agreement.

9.3 To the maximum extent possible, GiveWheel will abide by the instructions of all fundraisers and donors in respect of their Personal Information.

9.4 Where a charity holds a GiveWheel membership, GiveWheel will provide the charity with access to a secure account on the Website where the Charity can view and download details of donations made to the Charity, details of payments made by GiveWheel to the Charity and updates on fundraiser and donor details ("Charity Account").

GiveWheel’s Obligations - Records and Audit Requirements

10.1 GiveWheel will keep proper records of all donations and income received and expenses incurred for such period as may from time to time be required by the applicable local governmental revenue body, and maintain records which relate to the Charity and the performance of the obligations hereunder.

10.2 GiveWheel will, via the Charity Account, provide each Charity with the ability to download reports outlining:

  • The number of donations received,
  • The value of the donations received,
  • The Transaction Fees deducted from the total donations in accordance with section 2.

Gift Aid

11.1 Users who make a donation to your Charity (a "Donor") using the GiveWheel Services will have the option, where appropriate and subject to donor eligibility, to add Gift Aid to their donation.

11.2 For non-profits receiving money through Charities Trust, Gift Aid will be reclaimed by Charities Trust and passed on to the non-profit. Where a charity has chosen to receive payments directly into a Stripe account, GiveWheel does not operate a Gift Aid reclamation service, but will provide the Charity with the ability to download a spreadsheet containing all donation details and eligibility criteria, which the Charity can use to claim Gift Aid. As such, all Gift Aid metrics on the platform are representative of how much Gift Aid is eligible to be reclaimed, not a guarantee that the Charities have reclaimed Gift Aid.

11.3 At all times, a donor is responsible for informing and updating GiveWheel as to their respective eligibility to claim Gift Aid. GiveWheel is not responsible for use of inaccurate or out of date information provided by a donor. As such, GiveWheel shall have no further liability to you in respect of such claims or sums.

Payments

12.1 All payment information is securely processed by Stripe.

12.2 GiveWheel will only make payments to the bank account connected with Charities Trust OR the Stripe account you link from your Charity portal. Payment will not be made by any other means except at GiveWheel's discretion.

12.3 If you provide us with (or let us continue to use) incorrect or out-of-date information about your Stripe account, we will not be responsible if the payment is not made, it is delayed, or it is made incorrectly as a result of that information.

12.4 We will pay out any pending balances on a regular monthly basis (typically 1st of the month). If you have any questions regarding receipt of payments, please contact us using the contact details provided on our website.

12.5 For any Stripe related queries regarding setting up and navigating your Stripe account, please contact Stripe using the details provided on their website.

12.6 If you are not a registered charity, GiveWheel reserves the right to donate the money to another charitable or community organisation at its full discretion.

12.7 GiveWheel will not make a payment of any kind to you if we are not reasonably satisfied that:

  • the information related to the payment is correct;
  • the transaction not related to fraudulent activities of any kind and is legal; and/or
  • GiveWheel, or its disbursement partner (Charities Trust) holds verified account/payment details
  • 12.8 If a payment to your account is unsuccessful or a Stripe account is not linked, GiveWheel will hold onto the money as pending and make all reasonable efforts to contact the Charity.

Your Nominated Bank Account

13.1 Where payment is received through Charities Trust, this will be into the nominated bank account provided to them.

13.2 Where payment is received through Stripe, you will have the ability to nominate a bank account for withdrawals. Any cash withdrawal requests will be processed by Stripe. For any queries, issues or delays concerning balance payouts to this nominated bank account, please contact Stripe directly.

Transactional Information

14.1 GiveWheel will make all information about all of the payments that we make to you, and any Fees and payments that we receive from you, available on your Charity Account. We may email you to let you know when the information is available for you to review, unless requested otherwise.

14.2 You must read the information referred to in Section 12 carefully. Contact us immediately using the contact details displayed on the GiveWheel Website or via email at support@givewheel.com if you believe there may be an issue with any transaction.

Refunding Donors

15.2 If a donor notifies GiveWheel that a donation that appeared to be intended for you was made by mistake or unauthorised:

  • GiveWheel can refund the donor and hence no payment will be due to you if we have not passed the payment to you under section 15;
  • In the instance that we have already passed the payment to you under section 15 and the donor has made a successful chargeback claim in relation to the payment and/or GiveWheel is reasonably satisfied that the donor made the payment by mistake or did not authorise it, you will make the appropriate arrangements to refund the donation.

Incorrectly Executed Payments

16.1 In the instance that GiveWheel incorrectly transfers donations or any other payments to you, and the account details you have provided to Stripe are correct and up-to-date, we will amend your transaction history in your Charity Account to display the correct transaction detail.

Licensing and Intellectual Property

17.1 All intellectual property rights in any material (including text, photographs and other images, trademarks and logos) contained in the GiveWheel Services have either been licensed to GiveWheel by the rights owner(s), or is owned by GiveWheel. Nothing in these Terms and Conditions shall operate as an assignment of any such intellectual property rights.

17.2 You, the Charity, hereby grants to GiveWheel, its affiliates and its partners a non-exclusive, royalty-free licence to use your name and logo in connection with the performance and promotion of the Services.

17.3 The licence shall terminate automatically on valid termination of your membership in accordance with section 5.

17.4 The Charity shall be liable for and shall indemnify GiveWheel, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by GiveWheel which arise (directly or indirectly) out of or in connection with any third party demand, claim or action alleging infringement of the third party's intellectual property rights.

17.5 GiveWheel and the Charity shall comply with their respective obligations with regard to intellectual property in accordance with these Terms and Conditions.

Confidentiality

18.1 Information that you provide to us (and we retain about you) of a sensitive and confidential nature will not be disclosed to anyone, other than:

  • where the disclosure is made with your consent;
  • where legally required or have a public duty to disclose;
  • where the information is already in the public domain and not as a result of us breaching our confidentiality commitments to you; and/or
  • to third parties to whom GiveWheel is required to disclose this information in order to perform for the GiveWheel Services, subject to confidentiality provisions.

Suspension of the GiveWheel Services

19.1 For any reason, GiveWheel may (at its sole discretion) without liability to the Charity, suspend the operation from time to time of any of the GiveWheel Services in full or in part at any time, for example, but without limitation, for repair/maintenance work or in order to update or improve the GiveWheel Services. We will try to inform you in advance of a suspension, but this may not always be possible. GiveWheel is not liable to you for any loss you may suffer as a result of the suspension of the GiveWheel Website.

19.2 GiveWheel reserves the right, at its complete discretion, to withdraw the GiveWheel Website and the associated GiveWheel Services from public access at any time. We will use all reasonable endeavours to notify you in advance and provide any support required, in the event that GiveWheel intends to rely on this clause.

Force Majeure

20.1 We will not be liable to you for any breach of this agreement where the circumstances giving rise to the breach were due to abnormal and unforeseeable circumstances beyond our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary.

Limitation of Liability

21.1 Nothing in this agreement shall act to exclude or limit GiveWheel's, or the Charity's, liability for fraud, or for death or personal injury resulting from its negligence or that of its agents, employees or subcontractors, or for any other liability that cannot be lawfully excluded. In no event, except as set out in this agreement, will GiveWheel be responsible for indirect losses which happen as a side effect of the main loss or damage, and which are not foreseeable by GiveWheel and your organisation (such as loss of opportunity or profits).

21.2 The Charity acknowledges and agrees that its use of the GiveWheel services is at their own sole risk. GiveWheel Services are provided on an 'as is' and 'as available' basis. GiveWheel does not guarantee continuous, uninterrupted, virus or error free or secure access to our Services. Operation of these Services may be interfered with by factors outside of GiveWheel's control. Except as expressly set out in these Terms and Conditions, on this basis, GiveWheel does not enter into conditions, warranties or other terms in relation to the GiveWheel Services, and they are excluded to the fullest extent permissible by law.

21.3 GiveWheel shall not be liable in any event (whether for breach of contract, negligence or for any other reason) for any loss or damage which the Charity may claim to have suffered by reason of its (or any donor, fundraiser or other user) accessing and use of (or inability to access and use) any part of the GiveWheel Services, including, but not limited to, loss of profits, exemplary or special damages, loss of sales, loss of Gift Aid, loss of donations, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, incidental consequential or special loss, however arising.

21.4 Subject to the other terms of this section 24, GiveWheel's total aggregate liability arising under or in connection with the Charity (or any donor or other user) accessing and using, or inability to access and use, the GiveWheel Services shall be limited to the total fees paid under this agreement by the Charity during the preceding 12 months period ending on the date the circumstances giving rise to the liability arose.

21.5 From time to time, we may change the content and format of the GiveWheel Services. You should refresh its browser each time it visits the GiveWheel Website to ensure that you download the most up to date version of the Website, including the latest version of these Terms and Conditions.

21.6 You acknowledge that you use the GiveWheel Website at your own risk and GiveWheel is not liable for loss or damage that you may suffer through use of the GiveWheel website.

Third Party Rights

22.1 A person who is not a party to these Charity Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Charity Terms.

Governing Law

23.1 This agreement, and any contractual or non-contractual claim arising out of or in connection with your use of the GiveWheel Services, are governed by the law, and subject to the jurisdiction of the courts of the country set out in these country specific terms.

23.2 English law applies to this agreement and any matters will be dealt with by the courts of England and Wales. If your registered address is in Scotland, Scottish law applies and any matters will be dealt with by the Scottish courts. If your registered address is in Northern Ireland, Northern Ireland law will apply and any matters will be dealt with by the Northern Irish courts.

23.3 GiveWheel and the Charity shall comply with all applicable laws and regulations at all times, including but not limited to:

  • all laws relating to anti-bribery and anti-corruption (as amended from time to time) including, but not limited to the Bribery Act 2010;
  • all laws relating to anti-slavery and human trafficking (as amended from time to time) in force including but not limited to the Modern Slavery Act 2015; and
  • all laws relating to tax evasion (as amended from time to time) including but not limited to the Criminal Finances Act 2017.