Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AND OUR SERVICE
Welcome to Donaco! We are a social enterprise which brings contextualised charity recommendations to the charity sector using artificial intelligence. Donaco offers a novel and innovative method to fundraise and engage with potential donors by embedding a button in the page of news articles or websites that suggests charities to donors (the “Donaco Widget”). The recommendations are based on the content that donors read and the Donaco Widget enables such donors to carry out the donation process, including payment, on the same page, in just a few clicks.
These terms and conditions (“Terms”) shall apply to Donaco’s website and service including the Donaco Widget (available at: https://www.donaco.co/) all features and functionalities, our website, and user interfaces, as well as all content and software associated with the service (“Service”). The Service is operated by Donaco Ltd. (“we”, “us”, “our”, or “Donaco”).
Access and use of the Service
Please note that you must be 18 years of age or older to use our Service. If you are less than 18 years of age, you are only permitted to use our Service with the consent and supervision of a parent or guardian.
You are also responsible for ensuring that all persons who access our Service through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
There are other terms that may apply to you
We may make changes to these terms
We reserve the right, from time to time, with or without notice, to change these Terms at our sole discretion, and the latest version will appear on the Service with the date that it was last updated. By using the Service after any changes have been posted, you agree to the new Terms. Every time you wish to use our Service, please check these Terms to ensure you understand the terms that apply at that time. These Terms were most recently updated on 15 May 2018.
We may make changes to our Service
We continually update the Services, including the content that is available. In addition, we continually test various aspects of the Services, including our website, user interfaces, service levels, availability of the content and delivery. We reserve the right to, and by using our Services you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Services. We will try to give you reasonable notice of any major changes that may affect you.
We may suspend or withdraw our Service
We do not guarantee that our Service, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Service for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You are responsible for your own account, including making sure that your details are correct and kept up to date and for ensuring that your password is secure.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com. If we believe that your account has been compromised, we may suspend your account and we will contact you to try and resolve the problem.
How you may use our Service
We are the owner or the licensee of all intellectual property rights in our Service, and in the material published on it. Those works are protected by database rights, copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Service for your personal use and you may draw the attention of others within your organisation to content posted on our Service.
Our status, and that of any identified contributors, as the authors of content on our Service must always be acknowledged.
You agree to, at all times, use the Service, including all features and functionalities associated with it, in accordance with all applicable laws, rules and regulations (including any applicable codes of practice), or other restrictions on use of the Service or Content therein, and you will not:
- attempt to gain unauthorised access to the Service, or any server, computer or database on which it is stored or to which it is connected. You must not introduce any virus or malware to the Service or submit the Service to any form of denial-of-service attack;
- impersonate any other person (including using another User’s account), conduct yourself in a manner or behave in a manner which is unlawful, offensive, or which may harass, defame, bully or intimidate any other person;
- use false email addresses or any other means to mask your identity;
- except as explicitly authorised in these Terms, archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use Content and information contained on or obtained from or through the Services without express written permission from Donaco and its licensors;
- circumvent, remove, alter, deactivate, degrade or thwart any of the content or protections in the Service or any part therof; use any robot, spider, scraper or other automated means to access the Services; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services (in particular, the Donaco Widget); insert any code or product or manipulate the Content of the Services in any way; or, use any data mining, data gathering or extraction method;
- unless explicitly permitted by these Terms, harvest or collect information (including, without limitation, user names) about other members or users of the Service. The use of any information learned through the Service or while in the Site is limited to the express purposes set forth in these Terms; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited;
- do or omit to do anything which would bring us, the Service, our suppliers, licensors, distribution partners or other Users into disrepute or in any way damage our or their reputation; or
- interfere with another Users’ use and enjoyment of the Service or the Content in any other manner that could damage, disable, over burden or impair the Service or the Content.
If you print off, copy or download any part of our Service in breach of these Terms, your right to use our Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on this site
The content on our Service is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Service.
Although we make reasonable efforts to update the information within our Service, we make no representations, warranties or guarantees, whether express or implied that the content on our Service is always accurate, complete or up-to-date.
We are not responsible for websites we link to
Where our Service contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as endorsement or approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources. This is true for any media partner websites where the Donaco Widget may be hosted. These Terms do not govern your use of any other website or destination.
You acknowledge and agree that we are not responsible or liable to you for any content or other materials hosted and served from any website or destination other than our Service.
User-generated content is not approved by us
Our Service may include information and materials uploaded by other users of our Service, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Service do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us on firstname.lastname@example.org. This is not relevant for websites where the Donaco Widget may be hosted, in which case, such information and materials are subject to the relevant website’s terms of service.
All donations made via our Service are made with a payment card (e.g. a debit card or credit card) and processed by a third party payment processor (such as Stripe and PayPal) that we may use from time to time. By donating via the Donaco Widget, you agree that the processing of your donation will be subject to such third party payment processor’s terms and conditions. We are not affiliated with such third parties and you acknowledge and agree that we shall not be held responsible for any loss or damage of any sort incurred as a result of services provided by such third parties.
By making a donation to any of the charities featured within the Donaco Widget, you acknowledge that we will receive up to 4% of the gross donation to help pay for the costs of our service. All online transactions also attract the customary transaction and processing fees and are set out at: https://stripe.com/gb/pricing
By making a donation, you also acknowledge that the recommendations of charities as displayed via the Donaco Widget are made in good faith but what happens to the money once donated is beyond our control. Donaco does not warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have in relation to the receiving charity’s use of any donation you make. Your donation may be used for any purpose and in accordance with the relevant charity’s rules. If you have any doubts as to how your donation will be used, please contact the charity in question.
Although we make reasonable efforts to update the information and recommendations on our Service, to the extent permitted by applicable law, we make no representations, warranties or guarantees, whether express or implied that the content on our Service is accurate, complete or up-to-date.
You must provide current, accurate and complete information for the billing and notify us or the payment processor if there is a breach or your payment method is cancelled for any reason.
You also acknowledge and understand that like any tax-deductible charitable donation, your donation is final and not disputable. We regret that we can only refund a donation in exceptional circumstances (such as fraud). Subject to the requirements of applicable local laws, once your donation is made, it will only be refunded to you with the prior written consent of the selected charity to whom it has been made. You should therefore get in touch with the relevant charity first.
It is also not Donaco’s policy to carry out refunds of fees associated with any donations made through the Service.
If a dispute arises concerning the donation made to a charity, you relieve us from claims, demands and damages of every kind and nature arising out of or in any way connected with such disputes.
For UK donors: You are responsible at all times for making an accurate Gift Aid declaration when you make a donation to any of the charities featured on our Service.
Before making a donation, you will be required to confirm whether you are a UK taxpayer and that you are donating your own money. You will be requested to make this statement to enable the selected charity to claim Gift Aid on your donation.
We shall not be responsible for any false or inaccurate Gift Aid declarations made by you. You will also need to provide your full name and address under HMRC Rules.
You acknowledge that in order for the receiving charity to be able to claim Gift Aid on your donation (if applicable), we will collect and pass on the following information to the relevant charity:
- Confirmation of your tax status; and
- Your name and address.
Our responsibility for loss or damage suffered by you
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Service or any content on it, whether express or implied. You acknowledge that our Service is provided on “as is” and “as available” basis and that your access to the site, use of the Service, including the Donaco Widget, is at your sole risk.
We will not be liable to you for any lack of performance, or the unavailability or failure of the Service or our services, or for any failure by us to comply with these Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
If you are a business user: 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:
- use of, or inability to use, our Service; or
- use of or reliance on any content displayed on our Service.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user: Please note that we only provide our Service for domestic and private use. You agree not to use our Service 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.
Consumers are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable skill and care). Nothing in these Terms shall have the effect of excluding or limiting those statutory warranties which may not be excluded or limited under applicable law.
Any liability we do have for losses you suffer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is strictly limited to the sum of the donations you have made using the Service in the preceding 12 month period, ending on the date that gave rise to our liability. You acknowledge that we are not responsible for any loss or damage that is not foreseeable at the time when you begin using the Service.
No solicitation or endorsement
Our Service provides users with the ability to make a donation and to request that the donation gets disbursed to a charity selected through the Donaco Widget. In some cases, we may display a charity’s logo or provide additional information about that charity. You acknowledge that the display of such information in relation to any charity on our Service does not constitute a solicitation of donations. We do not engage in any solicitation activities on behalf of, or endorse, any of the charities that may be included on our Service, nor do we consult on the solicitation of contributions, on behalf of any individual, entity, or organisation that may be included on our Service.
Uploading content to our Service
Any content you upload to our Service will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Service constitutes a violation of their intellectual property rights, or of their right to privacy.
You are solely responsible for securing and backing up your content.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our Service will be secure or free from bugs or viruses.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Service or to your downloading of any content on it, or on any website linked to it.
You are responsible for configuring your information technology, computer programmes and platform to access our Service. You should use your own virus protection software.
You must not misuse our Service 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 Service, the server on which our Service is stored or any server, computer or database connected to our Service. You must not attack our Service via a denial-of-service attack or a distributed denial-of service attack. By breaching 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 Service will cease immediately.
Rules about linking to our Service
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Service in any website that is not owned by you.
Our Service must not be framed on any other site, nor may you create a link to any part of our Service other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our Service other than that set out above, please contact email@example.com.
Other Important Terms
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
We reserve the right to assign, subcontract or encumber, in whole or in part any right or obligation under these Terms.
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
For the purposes of the Contracts (Rights of Third Parties) Act 1999, these Terms and Conditions are not intended to and do not give any person who is not a party to them any right to enforce any of the provisions.
Which country’s laws apply to any disputes?
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Questions, comments and requests regarding these Terms are welcomed and should be addressed to firstname.lastname@example.org.
The Service is operated by Donaco Ltd, a limited liability company registered in England and Wales with a company number 11093762 and a registered office address at 183 Vauxhall Bridge Road, SW1V 1ER, UK.
Effective date: May 2018.
Thank you for visiting our site and see you soon again!