FUNDEO TERMS OF SERVICE
These terms of service describe what Fundeo does for you, as a user and/or as a Fundeo Shop Owner, the charities and other causes you support and what we require of you as a user. Summary
Fundeo – We operate a website that supplies video - products for customers for fun and fundraising events at their venues and we also provide Shops for our Customers to help them organise those events and dispense tickets and services for them.
User Conduct – If you create a Fundeo Shop or use any of our services, please remember Fundeo is for everyone. If we find offensive, defamatory, libelous, threatening, harassing, or obscene content on this website, we will remove it and terminate your access. Please ensure the content you upload to the Website, especially pictures and videos, does not infringe another person’s copyright.
Terms of Service
These terms of service (and the relevant country-specific terms) (collectively, the "Terms”) “govern your use of the Website and its associated services. Please read these Terms carefully. Your use of the Website and/or its associated services constitutes your agreement to these Terms. We may update these Terms from time to time. It is your responsibility to review these Terms whenever you access the Website. The latest version of these Terms will govern any future usage by you of the Website and its associated services. The date on which these Terms were last updated is stated at the end of this document.
In this document the following words shall have the following meanings:
1.1"Agreement" means these Terms and Conditions together with the terms of any applicable Specification Document.
1.2"Customer" means the organisation or person who purchases goods and services from Fundeo.
1.3 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how, and all other forms of intellectual property.
1.4 "Specification Document" means a statement of work, quotation, or other similar document either in hard copy or electronic form describing the goods and services to be provided by Fundeo.
1.5 "Fundeo" means FUNDEO LTD, “Fundeo” or “us” or “we” refers to the owner of the website, Fundeo Limited
1.6 “Website” refers to https://www.fundeo.com, https://fundeo.com, and its subdomains.
1.7 “You” and “your” refers to each user or viewer of the Website, including donors, charities, and fundraisers.
1.8 “Cause” refers to charities and other causes you support through the use of our service, including non-charitable fundraising and entertainment causes.
1.9 “Fundeo Shop Owner” or “Shop Owner” means a privileged Customer who owns and operates a shop on the Fundeo.com subdomain\do\
1.10 “Fundeo Shop” or “Shop” is a platform on the Fundeo website where owners can set up and facilitate events for fundraising and entertainment and sell event-related items for donation to their Cause.
2. GENERAL TERMS FOR VIDEO PRODUCTS
2.1 These Terms and Conditions shall apply to all contracts for the supply of goods and services by Fundeo to the Customer.
2.2 Any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, or other document or information issued by Fundeo shall be subject to correction without any liability on the part of the Customer.
2.3 Before the commencement of providing the goods and services, Fundeo shall provide to the Customer a list of the goods and services to be supplied and the price payable. The Customer will have the option to cancel the purchase, or, to notify Fundeo immediately if the Customer does not agree with the contents of the list of services, goods, or prices.
2.4 Fundeo shall use all reasonable endeavors to complete the production of the goods and services within the estimated time frames but time shall not be of the essence in the performance of any services.
3. PRICE AND PAYMENT
3.1 All prices provided in the Specification Document are subject to immediate acceptance at the time of the electronic order, or in exceptional circumstances, any period otherwise specified. They are then subject to any increase which may occur as a result of factors falling outside the control of Fundeo. 3.2 Invoiced amounts shall be due and payable upon order of the goods. Where credit has been pre-arranged and stated in writing by us, it will be due within 30 days of receipt of invoice. Fundeo shall be entitled to charge interest on overdue invoices from close of business the date when payment becomes due daily from day to day until the date of payment at a rate of 10.00% per annum above the base rate of the Bank of England. If the Customer's procedures require that an invoice be submitted against a purchase order to payment, the Customer shall be responsible for issuing such purchase order before the goods and services are supplied. 3.3 VAT and any other duties or taxes where applicable will be included within the prices at the rate ruling at the date of dispatch and will not be surcharged.
4. SPECIFICATION OF THE GOODS
All goods shall be required only to conform to the specification in the Specification Document. For the avoidance of doubt, no description, specification, or illustration contained in any product pamphlet or other sales or marketing literature of Fundeo and no representation written or oral, correspondence or statement, shall form part of the contract.
5.1 The date of release/delivery specified by Fundeo is an estimate only. Time for delivery shall not be the essence of the contract and Fundeo shall not be liable for any loss, costs, damages, charges, or expenses caused directly or indirectly by any delay in the delivery of the goods.
6.1.Fundeo’s videos remain the property of Fundeo and title does not pass to the Customer. The electronic media of the videos is supplied on a hire basis. Videos may be used for just one event on the date watermarked on the streaming video unless express permission is granted by us in writing.
6.2. The risk in the goods shall pass to the Customer on the electronic release of the Goods. At that moment, the Customer shall become responsible for the care and protection of the goods and shall take out at its own expense, adequate and comprehensive all risks cover on the goods (with a note of Fundeo’s interest endorsed therein until Fundeo has received payment of the price in full).
7. CUSTOMERS' OBLIGATIONS
7.1 To enable Fundeo to perform its obligations under this Agreement the Customer shall:
7.1.1 Co-operate with Fundeo.
7.1.2 Provide Fundeo with any information reasonably required by Fundeo.
7.1.3 Obtain all necessary permissions and consents which may be required before the commencement of the services and
7.1.4 Comply with such other requirements as may be set out in the Specification Document or otherwise agreed between the parties.
7.2 The Customer shall be liable to compensate Fundeo for any expenses incurred by Fundeo as a result of the Customer's failure to comply with Clause 7.1.
7.3 Without prejudice to any other rights to which Fundeo may be entitled, if the Customer unlawfully terminates or cancels the goods and services agreed to in the Specification Document, the Customer shall be required to pay to Fundeo as agreed, damages and not as a penalty, the full amount of any third party costs to which Fundeo has committed and the full amount of the goods and services contracted for, as set out in the Specification Document, and the Customer agrees this is a genuine pre-estimate of Fundeo's losses in such a case. For the avoidance of doubt, the Customer's failure to comply with any obligations under Clause 7.1, shall be deemed to be a cancellation of the goods and services and subject to the payment of the damages set out in this Clause.
7.3.1 No order which has been accepted by Fundeo may be re-scheduled by the Customer except with the agreement in writing of Fundeo.
7.4 If the Customer or any third party, not being a sub-contractor of Fundeo, shall omit or commit anything which prevents or delays Fundeo from undertaking or complying with any of its obligations under this Agreement, then Fundeo shall notify the Customer as soon as possible and:
7.4.1 Fundeo shall have no liability in respect of any delay to the completion of any project.
7.4.2 If applicable, the timetable to produce the goods and services will be modified accordingly.
7.4.3 Fundeo shall notify the Customer at the same time if it intends to make any claim for additional costs.
8. ALTERATIONS TO THE SPECIFICATION DOCUMENT
8.1 The parties may at any time mutually agree upon and execute new Specification Documents. Any alterations in the scope of goods and/or services to be provided under this Agreement shall be set out in the Specification Document, which shall reflect the changed goods and/or services and price and any other terms agreed between the parties.
8.2 The Customer may at any time request alterations to the Specification Document by notice in writing to Fundeo. On receipt of the request for alterations, Fundeo shall, within 5 working days or such other period as may be agreed between the parties, advise the Customer by notice in writing of the effect of such alterations, if any, on the price and any other terms already agreed between the parties.
8.3 Where Fundeo gives written notice to the Customer, agreeing to perform any alterations on terms different to those already agreed between the parties, the Customer shall, within 5 working days of receipt of such notice or such other period as may be agreed between the parties, advise Fundeo by notice in writing, whether or not it wishes the alterations to proceed.
8.4 Where Fundeo gives written notice to the Customer agreeing to perform alterations on terms different to those already agreed between the parties, and the Customer confirms in writing that it wishes the alterations to proceed on those terms, the Specification Document shall be amended to reflect such alterations and thereafter Fundeo shall perform this Agreement upon the basis of such amended terms.
9.1 The Customer must inform Fundeo of any inadequacy in the goods supplied within 2 working days of receipt of the goods in writing to the address provided below or by email. Customized goods are exempt from all refunds unless not fitting the ordered specification - wrong pack, wrong format, etc. In such rare examples, we reserve the right to re-supply the corrected goods.
9.2 Orders for streaming video will be accompanied by a streaming video to allow testing of the display setup and technique before the event. The Customer should ensure they have the latest versions of browsers, good working Wi-Fi/Internet, and that the test stream operates well before the event.
10.1 Fundeo’s products are made to order and for this reason, Fundeo will not accept cancellation of orders once the goods are dispatched. Cancellations received before release/dispatch will only be refunded in part at the sole discretion of Fundeo depending on the stage of the production process and late cancellations will be subject to a minimum of 50% of the value of goods ordered cancellation fee.
This does not affect your statutory rights as a consumer.
11. CUSTOMISED PRODUCTS
11.1 Fundeo produces packs customized to the specification of the Customer. It is the Customer's sole responsibility to ensure that the nature of the product does not cause offence to the intended audience of the event and that it complies with the rules, terms, and conditions of any remote online platform used for displaying the video to the audience such as Zoom. Fundeo accepts no responsibility for any unfavorable response or reaction of the audience or viewers nor any repercussions from the content of the video whether standard content of Fundeo or personalized content of the Customer.
11.2 Fundeo reserves the right to modify or censor customized content of the media at their sole discretion.
12.1 Except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the goods and services to be provided by Fundeo.
The Customer shall indemnify Fundeo against all claims, costs, and expenses which Fundeo may incur and which arise, directly or indirectly, from the Customer's breach of any of its obligations under this Agreement, including any claims brought against Fundeo alleging that any goods and/or services provided by Fundeo in accordance with the Specification Document infringes a patent, copyright or trade secret or other similar right of a third party.
14. LIMITATION OF LIABILITY
14.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of Fundeo to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.
14.2 In no event shall Fundeo be liable to the Customer for any loss of business, loss of opportunity, or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Fundeo had been made aware of the possibility of the Customer incurring such a loss.
14.3 Nothing in these Terms and Conditions shall exclude or limit Fundeo’s liability for death or personal injury resulting from Fundeo’s negligence or that of its employees, agents, or sub-contractors.
Either party may terminate this Agreement forthwith by notice in writing to the other if:
15.1 the other party fails to make any payment when due or commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so.
15.2 The other party commits a material breach of this Agreement which cannot be remedied under any circumstances.
15.3 The other party passes a resolution for winding up (other than for solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect.
15.4 The other party ceases to carry on its business or substantially the whole of its business; or
15.5 The other party is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee, or similar officer is appointed over any of its assets.
16. TRADEMARKS, COPYRIGHT, PATENTS, AND INTELLECTUAL PROPERTY RIGHTS
16.1 The names Fundeo®, Fun stream®, iBukee®, and the Fundeo Logo are registered trademarks. The Funstream® and iBukee® technology and other facilities are patented or patent pending. The format of Fundeo’s race night videos is under Fundeo Racing© copyright protected.
Fundeo’s products use Microsoft Agent technology under a distribution license from the Microsoft Corporation. Peedy © 1996-1998© Microsoft Corporation. All rights reserved.
Fundeo also has an exclusive Licence for the inclusion of copyrighted horse and dog racing videos from third parties into its videos where indicated by that third parties logo.
These intellectual properties present on the Website or its associated services from time to time, may not be used in connection with any product or service that is not Fundeo's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Fundeo. Other trademarks, service marks, or logos that appear on the Website or its associated services, in particular (but not exclusively) those of charities, Shop Owners, or other organisations, 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 Fundeo and the trademark owner.
All content on the Website and its associated services is owned by Fundeo, our member charities, the owners of Fundeo Shops, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark, or other proprietary notice, and that your usage complies with any requests you may receive from any person with rights in that content. No other use of the Website's and its associated services' content is permitted without the express prior permission of Fundeo, and, where applicable, the copyright holder. Copying, editing, dubbing, extracting images from, transposing the video film to different media formats, disseminating illegal unauthorized digital or streaming copies over other platforms, etc. is strictly forbidden.
16.2 Fundeo will search out and take legal proceedings against perpetrators of Copyright Infringement and Dishonest Conduct. Such perpetrators will also be blacklisted and barred from further supplies and their Shops will be removed from the site forthwith without recompense. The Customer agrees to report suspected cases of piracy, plagiarism, or copyright infringement by writing to the address below or by emailing Fundeo using our Contact Us page. Reportings will be treated confidentially.
16.3 All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of Fundeo, and the Customer shall do all that is reasonably necessary to ensure that such rights vest in Fundeo by the execution of appropriate instruments or the making of agreements with third parties.
17. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, untimely deliveries, delivery failures, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, delivery or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
18. INDEPENDENT CONTRACTORS
Fundeo and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Fundeo may, in addition to its employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve Fundeo of its obligations under this Agreement or any applicable Specification Document.
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of Fundeo.
If any provision of this Agreement is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
Any notice to be given by either party to the other may be served by email, fax, personal service, or by post to the address of the other party given in the Specification Document or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary, be deemed to be received on the day it was sent if sent by fax shall be deemed to be served on receipt of an error-free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
23. NO THIRD PARTIES
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
24. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the Law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish Courts.
25. TERMS FOR FUNDEO SHOPS
These terms apply additionally for users and owners of Fundeo Shops on the Website.
26. THE CAUSES LISTED ON THE FUNDEO WEBSITE
Causes are listed on this Website at Fundeo's discretion; however, we are not responsible for the activities of any Cause. A charity must have the appropriate authorisation, permit or license to operate as a charity, as required by the local laws of the territory in which it operates.
27. PAYMENTS MADE IN FUNDEO SHOPS
Subject to the requirements of applicable local laws, and what we say below in relation to Fundeo Shops, once your payment is made it will only be refunded to you with the prior written consent of the Shop Owner to whom it has been directed. In the event, all funds have been paid out and there are no funds available for refund, Fundeo reserves the right to invoice or direct debit the Shop Owner for the amount of the refund and the Shop Owner must agree to settle that invoice within one (1) month of the date of the invoice.
Occasionally, the person who created the Fundeo Shop to which you have paid/donated does not pass identity verification or other necessary checks, or there is some other reason that we cannot transfer payments to them. If we are unable to transfer the payment to the Fundeo Shop owner, we will return your payment via the payment method from which you made the payment. If we are unable to return your payment via the payment method you used, your payment will be sent to another Cause, subject to the deduction of applicable transaction and payment processing fees.
28. USE OF YOUR PAYMENT
Fundeo does not represent or warrant that your payments will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding a Fundeo Shop’s use of any payment you may make through the Website or its associated services powered by us or for any misuse or non-use of such payments by a Fundeo Shop. After payments are made, all further dealings are solely between you and the Shop to which you made the payment/donated.
NOTE: For payments to Fundeo Shops, you may receive updates from the Shop owner to let you know more about their Cause. If you would like to stop receiving these emails, you will be able to select this option in the email footer in emails you receive from the shop owner.
Please note that Shop owners reserve the right to use your payment for their general purposes in accordance with their practices and rules. Fundeo shall not be responsible for ensuring that funds are earmarked for a particular purpose. If you want a payment to be used for a specific purpose or a particular appeal, contact the organization and make your payment directly to them.
Fundeo (or any payments processor or card brand we work with) will verify the identity of a Fundeo Shop owner and undertake any other necessary checks before any funds raised are transferred to the shop owner. Fundeo shall have no liability to donors whatsoever for any use or misuse of payments made to the Fundeo Shop owner.
The Fundeo Shop may state that the Shop owner will use payments only for specific purposes, but Fundeo cannot guarantee that they will use them for such purposes. If you have any doubts as to how the money will be spent, you should contact the Fundeo Shop owner directly to seek reassurance. It is your sole responsibility, as a user of the Website, to ensure that the cause stated to be supported on a relevant Fundeo Event page is one that you wish to support.
29. FUNDEO SHOP FEES
Fundeo Shops are subject to categories of membership payable by subscription with fees set according to the term of usage and the facilities provided. Fundeo also charges a fixed platform fee of 10% on each Shop transaction. Customers of a Shop are provided with a virtual cash wallet from which to make payments for the Shop’s goods and services. Payments into that wallet are subject to standard service charges.
30. UNAUTHORISED PAYMENTS
When you make a payment, the transaction is final and not disputable unless unauthorised use of your payment card or other payment method is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
Fundeo will never email or phone you and ask you to provide all of your payment details.
31. PROTECTING YOUR ACCOUNT
When you register with Fundeo and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password to prevent others from gaining access to your personal information. This includes any taxpayer details you may have saved under your profile to claim tax or tax deductions in accordance with applicable laws and regulations. Claiming tax or tax deductions using someone else’s taxpayer information is against the law. If you become aware of any unauthorised use of your account, we recommend that you change your password immediately and call our helpdesk on the telephone number set out on the Contact Us page.
32. INFORMATION PROVIDED BY FUNDEO
Fundeo is not an accounting, taxation, legal or financial advisor, and you should not rely on the information given on the Website or its associated services to determine any consequences of making a payment to a Cause nor in following any procedure advocated in organizing or running a Fundeo event.
Fundeo will collect personal information from donors including but not limited to the donor's name, title, address, and email address ("Personal Information") at all times in accordance with applicable laws, including the EU General Data Protection Regulation and the UK Data Protection Act 2018 ("Privacy Laws") and protect and secure such information. You and Fundeo will comply with all applicable laws.
34. USER CONDUCT
You must always use the Website and its associated services responsibly and legally and ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party.
You must not upload offensive, obscene, racist, defamatory, misleading, or deceptive content, including photographs, onto the Website or its associated services. Fundeo does not actively edit the Website but reserves the right to remove or edit any content posted on the Website or its associated services at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene, racist, defamatory, misleading, deceptive or otherwise inappropriate. If you notice any such content, please use the Contact Us page to let us know.
35. FUNDEO SHOP OWNERS OBLIGATIONS
If you create a Fundeo Shop on the Website, you must ensure that any information you provide to the public is accurate and not misleading. It is your responsibility to ensure that the content you are uploading in your Shop (“Content”), including pictures, photographs, and any videos, is your original work and/or you have the right and/or licence necessary to upload it and it is not copyright-protected. If it is copyright-protected, you must obtain the copyright owner's written consent to use it. Fundeo reserves the right to remove any pictures, photographs, videos, or copies from any Fundeo Shop at its sole discretion and without notice if their copyright status is in any doubt. If you suspect a breach of copyright on the Website, please use the contact us form to let us know. Please note that by submitting and posting Content to the Website, you grant to Fundeo a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, modify, reproduce, publish, broadcast, display and distribute the Content in any format, using any medium, to promote Fundeo or a Cause, or for any other purpose that we deem appropriate.
i.You must not misrepresent your identity or affiliation with any other person or organization.
ii. You must not use the Website to send junk email or “spam” to people who do not wish to receive email from you.
iii. You must not use the Website to conduct, display or forward surveys, pyramid schemes, or chain letters.
iv. You must not interfere with or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the Fundeo systems.
v.You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the site or any other website.
vi. You must not attempt to bypass the network firewall.
vii. You must not use any part of the site which you are not authorized to use or devise ways to circumvent security to access part of the site which you are not authorized to access (includes scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access).
viii. You must not use or attempt to use the site for any unlawful, criminal, or negligent purposes (includes password cracking, social engineering, denial-of-service attacks, harmful and malicious destruction of data, and intentional invasion of privacy).
ix. You must not disclose any information relating to any Customer of a Fundeo Shop except with the consent of that Customer or as permitted by applicable local laws.
x.You must not use the Fundeo Shop and its tools for any Events other than those video events supplied by Fundeo.
xi. You must not encourage customers to bypass or circumvent payment for goods and services on the Website to avoid platform fees or any other dues.
Fundeo reserves the right to cancel your access and delete any Shop without notice in the event you fail to follow any of the above rules. Fundeo may also suspend or delete Shop if the relevant Cause is no longer receiving donations via Fundeo or is no longer active.
Creating a Shop in aid of a Cause in no way implies Fundeo's or the Cause's endorsement of your event. Before commencing an event, it is your responsibility to ensure that the benefitting Cause has no objection to the nature of the event. Fundeo reserves the right, at its absolute discretion and without notice, to cancel your l Shop at the request of the Cause if the Cause, in its absolute discretion, deems your Event inappropriate.
It is Fundeo’s policy that all Fundraising Causes must serve a purpose that benefits the public good. Fundeo retains the unrestricted ability to reject or terminate a campaign in its sole discretion when Fundeo believes the burdens of continuing a campaign are not in its best interest. In rejecting or terminating a campaign, Fundeo is not passing judgment on the worthiness of the campaign or its cause, but rather exercising its prerogative to avoid any controversy that could potentially injure its reputation.
You agree that:
Where applicable, you shall ensure that any person or organisation for which you have created a Fundeo Shop agrees to you raising funding on its behalf for the purposes and in the manner set out on your Fundeo Shop.
If your use of the Website and/or associated services results in access to any Personal Information you shall:
i.at all times assist with the responsibilities of Fundeo, as a data controller responsible for determining how the Personal Information is processed under the provisions of the Privacy Laws.
ii. not do, or cause or permit to be done, anything which may result in a breach by Fundeo of the Privacy Laws and comply with all reasonable instructions from Fundeo relating to the processing by you and/or the Fundeo Shop of such Personal Information.
iii. comply with the Privacy Laws in respect of your and/or the Fundeo Shop’s collection, use, disclosure, or processing of the Personal Information.
iv. 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.
v.not sell, trade, or rent Personal Information to third parties.
vi. hold the Personal Information securely and not disclose it to anyone other than Fundeo, as agreed to by the data subject and/or as permitted by Privacy Laws.
vii. implement adequate administrative, technical, and physical safeguards against all unauthorised, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with Privacy Laws, and abide by Fundeo's reasonable requirements to ensure the security of the Personal Information as notified to you from time to time.
ix. only communicate with Shop Customers where they have agreed to receive further communications from you and/or the Fundeo Shop, and only to the extent that they have indicated their preference to do so (for example in relation to communications for a specific event only).
x.not retain any Personal Information for longer than is necessary and
xi. to the extent legally permissible, you shall indemnify and hold harmless Fundeo, its successors and assigns, from and against all losses, costs, and other damage caused by your and/or the Fundeo Shop’s breach of this paragraph; and You shall maintain any necessary authority, permit, licence, consent, approval and registration for you to fundraise and hold an in accordance with applicable laws and if Fundeo needs any such authority, permit, licence, consent, approval or registration for it to fundraise on behalf of the Fundeo Shop then you will, at no cost to Fundeo, provide all such assistance as Fundeo reasonably requires to assist Fundeo with the same. You agree that you shall inform Fundeo immediately if, for any reason, you and/or the Fundeo Shop cease(s) to maintain the necessary authority, permit, licence, consent, approval, and/or registration to operate the fundraising or other events in relation to the Fundeo Shop in accordance with applicable local laws.
By building a Shop you represent, warrant, and undertake to Fundeo and the users of the Website that:
i.each time you use the Website or associated services, and in particular, when you create a Fundeo Event, you will comply with Fundeo’s guidelines that apply to Fundeo Shops at that time.
ii. you will provide feedback on your Fundeo Shop, to explain the outcome of your event
iii. you will ensure all payments provided to the Fundeo Shop will be used for the purposes set out on your Fundeo Event and
iv. you will ensure no fraudulent, criminal or otherwise improper uses will be made of your Fundeo Shop or payments made via your Fundeo Shop.
v.Fundeo does not review or exercise any editorial control over the content of information on your Shop. If Fundeo is made aware of or has knowledge of any unlawful activity or information on the Website or associated services, Fundeo shall act to remove or disable access to the information. Fundeo shall not be liable to you or the Shop as a result of its role in hosting your Shop on the Website.
The Website and its associated services contain links to other websites, including the websites of Causes. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any direct transactions with other people or organisations are your responsibility.
37. PARTNER SERVICES
Fundeo may from time to time select partners offering relevant information and services that we believe will enhance the Website. Whilst we will do our best to select reputable partners, we are not responsible for any of the information or services offered by them, and if you choose to use their services, you do so at your own risk.
38. PROHIBITION OF DATA EXTRACTION AND COPYING
By visiting or using the Website or any of its associated services, you agree not to (and not to use any tool, program, script, browser extension or other technique, including bots, robots, spiders and scrapers, and any similar tools or methods, to):
i.copy (except as authorised by these Terms), mirror, frame, index, scrape, mine or otherwise gather or extract any of the content or data from the Website or its associated services; or
ii. sell or distribute any data which is gathered or extracted in breach of these Terms, or which is based on or derived from any such data. Fundeo may take any measures it sees fit to block access to the Website and its associated services where it believes that these Terms have been or will be breached. You agree that you will not take any steps to try to circumvent these measures and that you will not take any steps to mask your IP address. You acknowledge and agree that where there is any actual or threatened breach of these Terms, damages may be an inadequate remedy and Fundeo shall be entitled, without prejudice to any other rights and remedies it may have, to seek an injunction or any other equitable relief for such breach. Fundeo may also request that you destroy any data you have gathered or extracted in breach of these Terms and you agree that you will comply with such request promptly and certify the same.
Inquiries and permission requests may be sent to us by our Contact Us form.
39. CHANGES TO THE SERVICE
Fundeo reserves the right to modify, suspend or discontinue all or any part of the Website and its associated services at any time with or without notice. All new features, services, or software applications shall be subject to these Terms.
40. FAILURE TO COMPLY WITH THESE TERMS
If you fail to comply with these Terms, Fundeo reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services.
You may discontinue use of the Website and associated services at any time. These Terms will continue to apply to your past use.
42. DISCLAIMER AND LIMITATION OF LIABILITY
You agree that your use of the Website and its associated services is on an "as is" and "as available" basis and that your use of the Website and its associated services is at your sole risk. Fundeo does not warrant or guarantee continuous uninterrupted or secure access to our services and the operation of the Website and associated services may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms and except for the rights, guarantees, and remedies which cannot be excluded, Fundeo does not provide other conditions, guarantees, warranties, or terms in relation to the Website or its associated services, to the extent permissible by law. Fundeo shall undertake general maintenance and upkeep of the Website from time to time. During these periods, the Website and its associated services may not be available for use. In exceptional circumstances, the Website and associated services may also become unavailable at other times. If found liable, Fundeo shall only be liable under these Terms for direct losses which are reasonably foreseeable and caused by Fundeo’s uncured material breach of these Terms or Fundeo’s negligence. Fundeo's total liability to you arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total sum of the payments you have made using the Website in the preceding 12-month period, ending on the date the circumstances giving rise to Fundeo's liability arose. In no event shall Fundeo be liable for losses relating to any business of yours or lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time, even if Fundeo has been advised of the possibility of such damages. YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN. Nothing in these Terms excludes any statutory rights which may apply to your use of the Website and associated services which cannot be excluded, restricted, or modified by contract.
43. THIRD PARTY RIGHTS
A person who is not a party to these Terms has no right to enforce any term of these Terms.
44. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by Scottish Law.
The parties agree to submit all unresolved disputes between them to arbitration administered by the International Centre for Dispute Resolution (“ICDR”) and governed by the ICDR Arbitration Rules (“ICDR Rules”) then in effect, except that either party may seek injunctive relief for infringement of intellectual property rights or other proprietary rights in court. For all arbitrated matters, one (1) arbitrator will be appointed under the ICDR Rules, and the locale of arbitration will be Edinburgh, Scotland unless the parties mutually agree to another locale before the appointment of the arbitrator.
45.NO CLASS ACTION
YOU AND FUNDEO AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND THAT NEITHER YOU NOR FUNDEO WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR FUNDEO ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND FUNDEO FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, FUNDEO, AND ALL PARTIES TO ANY SUCH PROCEEDING.
46. MINIMUM AGE AND USERS UNDER 18
You must be 18 years old or more to create a Fundeo Shop. If you have any concerns whatsoever about a child's use of our services, please notify us immediately by emailing us from our Contact Us page.
47. LICENCE OF COPYRIGHT AND TRADEMARK MATERIAL
You hereby grant to Fundeo, its affiliates, and its partners a non-exclusive licence to use any of your Fundeo Shop’s trademarks and any copyrighted material (including images and videos or any link to the same) solely in connection with the Website and associated services and its operation and promotion and for no other purpose whatsoever.
48. CONFIDENTIAL INFORMATION
The parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of the Website and associated services and which is not in the public domain. No party shall use or disclose to any third party such information belonging to the other party without that party's prior written consent, except where (i) required to do so by applicable law, including, without limitation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, or regulatory or governmental body or (ii) those third parties operating under non-disclosure provisions no less restrictive than those outlined in this agreement and who have a justified business “need to know.” This paragraph shall survive termination of these Terms. For the avoidance of doubt, Personal Information shall be treated in accordance with Applicable Laws and shall not be considered “confidential information” belonging to a party unless it is the Personal Information of an individual.
Fundeo reserves the right, at its sole discretion, to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services. The obligations contained herein will continue to apply to your past use. Upon termination or suspension or denial of access to the Website and associated services, funds already received on your behalf by Fundeo will be handled in accordance with the provisions above, provided that any potential payment (where applicable) may be delayed where Fundeo conducts an investigation regarding your use of the Website and associated services and Fundeo may decide to refuse to pay funds across to you where you have breached these Terms, or your Fundeo Shop has been removed. In such circumstances, Fundeo may authorise a refund of payments to Customers.
FUNDEO LTD Registered Office: Braemorriston House, Braemorriston Road, Elgin, Moray IV30 4DL SCOTLAND – UK UPDATED AS OF 8TH SEPTEMBER 2021