Beneficiary Terms

2. Eligibility and Authority

2.1. To register a Beneficiary Organisation and create a Beneficiary Organisation Dashboard, the individual doing so must:

1. hold an Account;
2. be authorised to act on behalf of the Beneficiary Organisation they are registering;
3. be an organisation, entity, group or other body that is eligible to receive or benefit from Donations through the Platform and has been approved by GiveWheel;
4. successfully complete any identity or verification checks we require; and
5. comply with these Beneficiary Terms.

2.2. We may approve or reject Beneficiary Organisation registrations at our discretion.

2.3. An existing Beneficiary Organisation Admin may invite another individual who holds an Account to become a Beneficiary Organisation Admin of the same Beneficiary Organisation Dashboard. An invited individual becomes a Beneficiary Organisation Admin, and agrees to be bound by these Beneficiary Terms, upon accepting that invitation.

2.4. GiveWheel may also add an individual as a Beneficiary Organisation Admin of a Beneficiary Organisation Dashboard, including where GiveWheel has created that Beneficiary Organisation Dashboard on behalf of the Beneficiary Organisation. An individual added in this way becomes a Beneficiary Organisation Admin, and agrees to be bound by these Beneficiary Terms, upon accepting that access.

2.5. Where applicable, Beneficiary Organisations intending to reclaim Gift Aid must be appropriately registered with HMRC.

2.6. You must notify GiveWheel promptly if your Beneficiary Organisation:

1. ceases to carry on operating for charitable purposes;
2. is subject to any investigation or inquiry which could result in the loss of the necessary authority for it to operate as a charity in accordance with applicable local laws;
3. ceases to have the necessary authority to operate as a charity in accordance with applicable local laws.

2.7. Authority to Act

2.7.1. An individual who registers a Beneficiary Organisation, or who accepts an invitation to become a Beneficiary Organisation Admin, represents and warrants that they are duly authorised by the Beneficiary Organisation to do so, including to agree to these Beneficiary Terms and to bind the Beneficiary Organisation to them.

2.7.2. GiveWheel is entitled to rely on that representation. GiveWheel does not independently verify, and gives no warranty as to, the authority of any individual to register a Beneficiary Organisation or accept an invitation to become a Beneficiary Organisation Admin, unless we expressly agree otherwise in writing.

2.7.3. Approval of a registration, or the addition of a Beneficiary Organisation Admin, by GiveWheel does not constitute confirmation, endorsement or warranty that the relevant individual is authorised to act on behalf of the Beneficiary Organisation.

2.7.4. The Beneficiary Organisation remains responsible for ensuring that only individuals with appropriate authority hold Beneficiary Organisation Admin access to its Beneficiary Organisation Dashboard, and for promptly notifying GiveWheel if a Beneficiary Organisation Admin's authority is withdrawn, including by removing their admin access.

3. Beneficiary Organisation Admin Accounts

3.1. As a Beneficiary Organisation Admin, your Account additionally allows you to:

1. manage your Beneficiary Organisation Dashboard and relevant branding;
2. mark fundraising pages as "official charity events";
3. set and report on charitable partnerships with Companies; and
4. use any additional services we make available for Beneficiary Organisations.

3.2. Removing Beneficiary Organisation Admin Access

3.2.1. A Beneficiary Organisation Admin may give up their Beneficiary Organisation Admin access at any time by contacting us, or through the relevant setting on the Platform.

3.2.2. An existing Beneficiary Organisation Admin may remove another individual's Beneficiary Organisation Admin access to the Beneficiary Organisation Dashboard at any time.

3.2.3. Giving up or losing Beneficiary Organisation Admin access does not close or affect your personal Account, and does not affect the Beneficiary Organisation Dashboard or any other Beneficiary Organisation Admin's access to it.

3.2.4. A Beneficiary Organisation is not required to have a Beneficiary Organisation Admin at all times. This may include circumstances where GiveWheel has created a Beneficiary Organisation Dashboard on behalf of a Beneficiary Organisation and no Beneficiary Organisation Admin has yet been registered, or where a Beneficiary Organisation Admin has given up their access and no other Beneficiary Organisation Admin exists. In either case, the Beneficiary Organisation Dashboard will remain associated with the Beneficiary Organisation, and GiveWheel will continue to process Donations and Payouts in accordance with these Beneficiary Terms, until a Beneficiary Organisation Admin is registered.

3.3. Closing the Beneficiary Organisation Dashboard

3.3.1. A Beneficiary Organisation Dashboard cannot be closed or deleted by a Beneficiary Organisation Admin. GiveWheel maintains a Beneficiary Organisation Dashboard for each Beneficiary Organisation so that Donors are able to select and support that Beneficiary Organisation through the Platform.

3.3.2. Where a Beneficiary Organisation Admin no longer wishes to administer the Beneficiary Organisation Dashboard, they may give up their Beneficiary Organisation Admin access in accordance with Clause 3.2. This does not close or delete the Beneficiary Organisation Dashboard, which will remain available on the Platform.

4. Beneficiary Organisation Dashboard

4.1. The Beneficiary Organisation Dashboard provides tools to manage your Beneficiary Organisation's fundraising activity using GiveWheel Services.

4.2. The Beneficiary Organisation Dashboard allows you to:

1. access reporting and analytics on the performance of your fundraising campaigns and associated fundraising pages;
2. manage fundraising pages associated with your Beneficiary Organisation, including designating a fundraising page as an "official" Beneficiary Organisation event or campaign;
3. set and manage your Beneficiary Organisation's branding, including logos, colours, and other visual elements displayed on your fundraising pages and dashboard; and
4. manage any other settings or features we make available as part of the Beneficiary Organisation Dashboard from time to time.

4.3. You are responsible for ensuring that any branding, logos, or content uploaded to the Beneficiary Organisation Dashboard is accurate, up to date, and that you hold the necessary rights to use it.

4.4. Designating a fundraising page as an "official" Beneficiary Organisation campaign indicates that the Beneficiary Organisation has associated itself with that activity. It does not make GiveWheel the organiser of the campaign or create an endorsement by GiveWheel. The Beneficiary Organisation is responsible for ensuring that it has reviewed the page and has authority to designate it as official.

4.5. GiveWheel may display aggregated fundraising and impact information on the Beneficiary Organisation Dashboard based on data held within the Platform. Unless expressly stated otherwise, such information is provided for reporting and informational purposes and should not be treated as audited financial, tax, ESG or regulatory reporting.

4.6. Data Reporting

4.6.1. Your Beneficiary Organisation Dashboard includes access to reporting and Payout history.

4.6.2. These reports may include:

1. Donations received;
2. Payouts received;
3. payment processing fees;
4. Gift Aid eligibility information;
5. payments made to your Beneficiary Organisation; and
6. Fundraiser and Donor information, including marketing preferences where applicable.

4.6.3. Reports may be affected by payment reversals, refunds, chargebacks, delayed Gift Aid, manual activity, user-supplied information, duplicated records and processing delays. GiveWheel may update historic reports where underlying data changes or errors are corrected.

4.6.4. Unless expressly agreed otherwise, reports are not audited and do not constitute tax, accounting, legal, sustainability or regulatory advice.

4.6.5. You are responsible for reviewing these records and notifying us promptly if you believe any information is inaccurate.

5. Donations and Fundraising

5.1. GiveWheel supports Beneficiary Organisations whether or not they have a registered Beneficiary Organisation Admin.

5.2. Beneficiary Organisation Admins

5.2.1. Where a Beneficiary Organisation has one or more Beneficiary Organisation Admins, those Beneficiary Organisation Admins have access to fundraising tools, reporting, payment management and other Platform features via the Beneficiary Organisation Dashboard.

5.3. Donor Assist

5.3.1. In some cases, GiveWheel may assist Donors in making Donations to Beneficiary Organisations that do not have a registered Beneficiary Organisation Admin. In these circumstances, GiveWheel is providing services to the Fundraiser or Donor rather than to the Beneficiary Organisation itself.

6. Payouts

6.1. Depending on your chosen payment method, Payouts will:

1. be paid directly through your connected Stripe account;
2. be distributed through Charities Trust or another approved disbursement partner; or
3. in exceptional circumstances, be paid via bank transfer.

6.2. You are responsible for ensuring that all information you provide to GiveWheel is accurate, complete and up to date, including:

1. your charity registration details;
2. Charity Commission number (where applicable);
3. legal or organisational status;
4. bank account details;
5. payment account details; and
6. any other information required to process Payouts.

6.3. You must promptly notify GiveWheel of any change that may affect your eligibility to receive Donations or the processing of Payouts, including any:

1. merger;
2. restructuring;
3. change of legal entity;
4. change in charity registration status; or
5. change to your bank or payment account details.

6.4. Where payment information is incomplete, inaccurate or cannot be verified, we may delay processing a Payout until the issue has been resolved.

6.5. We may also temporarily withhold Payouts where reasonably necessary to investigate fraud, comply with legal obligations or resolve disputes.

6.6. We may request additional information before releasing any withheld Payouts.

6.7. GiveWheel will not be responsible for any loss, delay, misdirected payment, or other consequence arising from information that is incorrect, incomplete, or out of date, where that information was provided or approved by you, or where you have failed to notify us of a relevant change in circumstances.

6.8. Where you identify an error or payment issue arising from information you have provided or failed to update, GiveWheel will use reasonable endeavours to assist you in resolving the issue, but does not guarantee that funds can be recovered, redirected, or reprocessed.

6.9. Unless otherwise stated, pending balances are paid monthly. Payment dates may occasionally vary due to weekends, public holidays, Payment Provider processing times or exceptional operational circumstances.

6.10. For Ticketed Events, Payouts are withheld until the end of the event, in case of cancellation necessitating refunds.

6.11. If GiveWheel is unable to make contact with you after reasonable efforts, and Donations remain undisbursed as set out in our Donations, Receipt and Disbursement Policy, GiveWheel reserves the right to redirect the Donations to another Beneficiary Organisation in accordance with that policy.

6.12. We may delay or refuse payment where we reasonably believe:

1. fraud has occurred or there is a high risk of fraudulent activity;
2. legal or regulatory obligations require us to do so;
3. the intended recipient cannot be verified;
4. payment details are incomplete or incorrect; or
5. further verification is required.

7. Refunds and Chargebacks

7.1. If the Donation has already been paid to your Beneficiary Organisation via Payout and we reasonably believe it was made in error, unauthorised, fraudulent, or is otherwise subject to a chargeback, you agree to cooperate in resolving the matter in accordance with your published refund policy and applicable law.

7.2. The Beneficiary Organisation remains solely responsible for funding any refund or chargeback relating to a Donation already paid to it, regardless of the reason for the refund or chargeback and regardless of when it arises.

7.3. Where a refund or chargeback arises after a Payout has been made to your Beneficiary Organisation, GiveWheel may recover the relevant amount, at its discretion and without further consent from you, by:

1. requesting repayment; or
2. deducting the amount from future payments.

7.4. GiveWheel's recovery rights under this clause are limited to the methods set out in 7.3. Where no future Payouts are due to you and repayment is not made following a request, GiveWheel will not pursue further recovery.

8. Gift Aid

8.1. Where eligible, Donors will have the option to add a Gift Aid declaration to their Donation.

8.2. If your Beneficiary Organisation receives Donations through Charities Trust, Gift Aid will be reclaimed by Charities Trust where applicable and passed on to your Beneficiary Organisation.

8.3. If your Beneficiary Organisation receives Donations directly through Stripe, GiveWheel does not reclaim Gift Aid on your behalf. Instead, we will provide downloadable reports containing the information required to support your own Gift Aid claims.

8.4. Any Gift Aid estimates shown within the Platform are provided for information only and do not guarantee that Gift Aid will be successfully reclaimed.

8.5. Donors are responsible for ensuring that any Gift Aid declaration they make is accurate and up to date. GiveWheel is not responsible for losses arising from incorrect or invalid Gift Aid declarations made by Donors or incorrect or unsuccessful Gift Aid claims made by your Beneficiary Organisation.

9. Fees and Payment

9.1. Platform Fees

9.1.1. Creating and maintaining a Beneficiary Organisation Dashboard is free.

9.1.2. There are no registration fees, monthly fees or platform fees for standard use of GiveWheel, including the Beneficiary Organisation Dashboard.

9.1.3. We may change which features are included in the standard Beneficiary Organisation Dashboard, provided that we give reasonable notice of any material reduction affecting existing users.

9.2. Optional Services

9.2.1. GiveWheel may introduce new paid features, usage tiers or services. We will not charge your Beneficiary Organisation for an optional paid service unless it has ordered, subscribed to or otherwise agreed to pay for that service.

9.2.2. Your Beneficiary Organisation is never required to purchase these in order to continue using our core fundraising service.

9.3. Payment Processing Fees

9.3.1. Card payments are processed by third-party Payment Providers, including Stripe.

9.3.2. Payment processing fees charged by the relevant Payment Provider will apply.

9.3.3. Where Donations are processed through Charities Trust or another disbursement partner, additional fees may apply.

9.3.4. The latest fees are published on our Help Centre here: https://help.givewheel.com/content/what-fees-does-givewheel-charge

10. Data Protection

10.1. Each party will comply with applicable data protection law in relation to personal data it processes under these Beneficiary Terms.

10.2. Unless otherwise stated in an applicable data-processing or data-sharing agreement, GiveWheel and the Beneficiary Organisation will each act as an independent controller in relation to personal data they determine to process for their own purposes.

10.3. Where GiveWheel processes personal data solely on documented instructions from the Beneficiary Organisation, the parties will enter into any controller-processor terms required by Article 28 of the UK GDPR.

10.4. Where the parties jointly determine the purposes and means of processing, they will document their respective responsibilities as required by applicable law.

10.5. Where Donor or Fundraiser information is shared with your Beneficiary Organisation, you agree to:

1. use that information only for legitimate purposes connected with your fundraising activities;
2. keep personal information secure;
3. comply with all applicable privacy laws;
4. honour individuals' marketing preferences;
5. not sell or disclose personal information to third parties unless permitted by law;
6. retain personal information only for as long as necessary.

10.6. Marketing communications may only be sent where the individual has provided the necessary consent or another lawful basis exists.

10.7. Where Donor consent permits, GiveWheel may share supporter information with Beneficiary Organisations for fundraising administration and permitted communications.

10.8. You are responsible for ensuring that any communications you send comply with applicable law and the Code of Fundraising Practice.

10.9. Further details of how GiveWheel collects, uses, and protects personal data are set out in our Privacy Policy, which forms part of your use of the Platform.

11. Communications

11.1. We will normally contact your Beneficiary Organisation using the email address(es) associated with the Beneficiary Organisation Admin(s) listed on your Beneficiary Organisation Dashboard.

11.2. Where reasonably necessary, we may contact a trustee, director, officer or other publicly listed Beneficiary Organisation representative using lawfully available organisation contact information, particularly in relation to fraud, security, overdue payments, Account ownership or legal and regulatory matters.

11.3. Where necessary, we may also contact you by telephone or post, including via any contact details publicly available from the Charity Commission, particularly where this relates to:

1. fraud;
2. security;
3. payment issues;
4. legal or regulatory requirements; or
5. important changes to the GiveWheel Services.

11.4. We may suspend your ability to receive new Donations while investigations are ongoing.

12. Intellectual Property

12.1. You retain ownership of your Beneficiary Organisation's name, logo and other intellectual property that you have created or uploaded on GiveWheel.

12.2. The Beneficiary Organisation grants GiveWheel a worldwide, royalty-free and non-exclusive licence to use, reproduce, publish, broadcast, display, and distribute the Beneficiary Organisation's name, logo, trade marks and other content provided to GiveWheel in any format, using any medium, for the purpose of:

1. operating the Platform;
2. displaying your fundraising pages;
3. promoting fundraising campaigns;
4. improving our services;
5. complying with legal obligations; and
6. promoting GiveWheel.

13. Confidentiality

13.1. Both parties agree to keep confidential information received from the other party secure and confidential.

13.2. Confidential information may be disclosed only:

1. where required by law;
2. where necessary to provide the GiveWheel Services;
3. to our professional advisers, auditors or insurers;
4. where disclosure is authorised by the other party; or
5. where the information is already publicly available through no breach of these Beneficiary Terms.

13.3. These obligations continue after your Account has been closed.

14. Suspension

14.1. The suspension, closure, or restriction of your Account is governed by the Terms. This section applies in addition to those Terms and sets out circumstances in which we may suspend or restrict some or all Beneficiary Organisation services, including access to the Beneficiary Organisation Dashboard, the ability to receive Donations, and the ability to make or receive Payouts.

14.2. We may suspend or restrict some or all Beneficiary Organisation Services where we reasonably believe that:

1. the Beneficiary Organisation no longer meets the eligibility requirements in these Beneficiary Terms;
2. the Beneficiary Organisation, or a Beneficiary Organisation Admin acting on its behalf, has breached these Beneficiary Terms;
3. information provided by or on behalf of the Beneficiary Organisation is inaccurate, incomplete, misleading, or cannot reasonably be verified;
4. the Beneficiary Organisation's charitable or non-profit status, registration, authority to operate, or eligibility to receive Donations is subject to investigation, restriction, suspension, or withdrawal;
5. the Beneficiary Organisation Admin may no longer be authorised to act on behalf of the Beneficiary Organisation;
6. there is a risk of fraud, misuse of Donations, unlawful activity, abuse of the Platform, misuse of supporter information, or other activity that may adversely affect Donors, Fundraisers, GiveWheel, or another person;
7. the Beneficiary Organisation or any Beneficiary Organisation Admin uses access to the Platform, or supporter information obtained through the Platform, to directly solicit or divert Donors, Fundraisers, or other users away from GiveWheel, where such activity is intended to circumvent GiveWheel or deprive GiveWheel of the benefit of its Platform relationship with those users. For the avoidance of doubt, this does not prevent a Beneficiary Organisation from promoting its own website, fundraising activities, or other fundraising platforms generally, provided that it does not misuse access to the Platform or information obtained through the Platform for that purpose;
8. we are required or reasonably requested to do so by a Payment Provider, disbursement partner, regulator, law enforcement authority, or other competent authority; or
9. continued provision of the relevant Beneficiary Organisation services would present an unacceptable legal, regulatory, financial, or operational risk to GiveWheel.

14.3. Without limiting Clause 4.10. of the Terms, while we investigate an issue or where reasonably necessary to protect GiveWheel, its users, or the Platform, we may temporarily or permanently:

1. prevent the Beneficiary Organisation from receiving new Donations;
2. restrict or disable access to some or all features of the Beneficiary Organisation Dashboard, including access by one or more Beneficiary Organisation Admins;
3. delay, withhold, or restrict Payouts or other amounts to the extent reasonably necessary and permitted by applicable law;
4. prevent fundraising pages from being associated with the Beneficiary Organisation;
5. require additional information or verification before restoring access or processing a Payout; or
6. disable some or all Beneficiary Organisation Admin accounts associated with the Beneficiary Organisation, including where we reasonably believe that an Admin has misused access to the Platform or supporter information obtained through the Platform to divert users away from GiveWheel.

14.4. Where reasonably possible, we will notify the Beneficiary Organisation of the reason for a suspension or restriction and what, if anything, is required to restore the affected Beneficiary Organisation services. We may withhold information where doing so would breach a legal obligation, compromise an investigation, create a security risk, or otherwise be inappropriate.

14.5. Where we reasonably believe that a Beneficiary Organisation Admin is no longer authorised to act on behalf of the Beneficiary Organisation, we may restrict or disable administrative access until an appropriately authorised Beneficiary Organisation Admin has been registered. We may otherwise continue to process Donations and Payouts in accordance with these Beneficiary Terms.

15. Liability

15.1. Nothing in these Beneficiary Terms limits or excludes any liability which cannot lawfully be limited or excluded, including liability for:

1. fraud or fraudulent misrepresentation;
2. death or personal injury caused by negligence; or
3. any other liability that cannot legally be excluded.

15.2. Subject to Clause 15.1., GiveWheel's total aggregate liability arising out of or in connection with these Beneficiary Terms shall not exceed the greater of:

1. GBP 1,000; or
2. the total fees actually paid by the Beneficiary Organisation to GiveWheel during the 12 months immediately preceding the event giving rise to the claim.

15.3. To the maximum extent permitted by law, GiveWheel will not be liable for:

1. loss of revenue;
2. loss of business opportunity;
3. loss of goodwill;
4. loss of anticipated Donations;
5. loss or corruption of data; or
6. any indirect or consequential loss.

16. Third-party Rights

16.1. These Beneficiary Terms are between GiveWheel and your Beneficiary Organisation.

16.2. No third party has any right to enforce any provision of these Beneficiary Terms under the Contracts (Rights of Third Parties) Act 1999.

17. Assignment

17.1. GiveWheel may assign or transfer its rights and obligations under these Beneficiary Terms as part of a merger, acquisition, corporate reorganisation or sale of business. Beneficiary Organisations may not assign or transfer their rights under these Beneficiary Terms without GiveWheel's prior written consent.

18. Changes to these Beneficiary Terms

18.1. We may update these Beneficiary Terms from time to time.

18.2. Changes may be required because of:

1. changes to applicable laws or regulations;
2. improvements or changes to the Platform;
3. new products or services;
4. changes to Payment Providers;
5. security requirements; or
6. clarification of existing provisions.

18.3. The latest version will always be available on our website. If changes to the Beneficiary Terms are related to fees or materially impact the Beneficiary Organisation's accessibility or use of the Platform, GiveWheel will notify Account holders by email.

18.4. Your continued use of GiveWheel after updated Beneficiary Terms take effect constitutes acceptance of those changes.