End-user license agreement for the easyfundraising donation reminder
These terms and conditions (the 'EULA') set out the basis upon which Easyfundraising Limited ( 'Easyfundraising') grants a licence to use its Easyfundraising Donation Reminder (the 'Software'). Please read this EULA carefully. In this EULA, Easyfundraising refers to persons who wish to download and use the Software as ‘you’.
BY AGREEING TO DOWNLOAD THE SOFTWARE YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA, DO NOT DOWNLOAD THE SOFTWARE.
BY PROCEEDING TO INSTALL THE SOFTWARE, YOU ACKNOWLEDGE AND AGREE THAT, UPON ITS INSTALLATION, THE SOFTWARE WILL MODIFY THE SETTINGS OF YOUR BROWSER AND OTHER FEATURES OF YOUR DEVICE. ONCE INSTALLED, THE SOFTWARE MAY COMMUNICATE CERTAIN USAGE INFORMATION TO EASYFUNDRAISING (in accordance with Clause 4 below). You may uninstall the Software by altering the settings on your toolbar.
1. Background: Easyfundraising operates a website at easyfundraising.org.uk (the ‘Website’) which is a donation platform enabling Supporters to raise money for charities, schools, sports clubs, community groups and other good causes ( ‘Good Causes’). You are able to raise these monies as Easyfundraising has arrangements with certain retailers either directly or through affiliate networks (both retailers and affiliate networks being defined here as ‘Retailers’). Under these arrangements if you do certain things ( ‘Actions’) Retailers pay monies to Easyfundraising which are held by Easyfundraising as your agent before being paid to your Good Cause (a ‘Donation’). Please see the Supporter Terms for further details.
2. Purpose of the Software: The Software is a tool which you may download and install on your browser. Once installed and when you are using your browser, the Software will provide reminders when you are on websites where you could potentially raise Donations for your Good Cause by performing Actions. You may then use the Software to ‘Activate Donations’ for your Good Cause which should enable you to perform such Actions.
3. Licence
3.1. Easyfundraising hereby grants you a personal, non-transferable, non-exclusive licence to use the Software on your devices in accordance with the terms of this EULA.
3.2. You are permitted to load the Software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Software.
3.3. You are not permitted to:
3.3.a. edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things;
3.3.b. reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose;
3.3.c. allow any third party to use the Software on behalf of or for the benefit of any third party;
3.3.d. use the Software in any way which breaches any applicable local, national or international law;
3.3.e. use the Software for any purpose that Easyfundraising considers is a breach of this EULA.
3.4. You shall:
3.4.a. notify Easyfundraising if you become aware of any unauthorised use of
the Software by any person;
3.4.b. keep intact all and any copyright or trade mark notices within the Software; and
3.4.c. maintain adequate security measures to safeguard the Software from access or use by any unauthorised person.
3.5. You are responsible for all charges that accrue in respect of your connection to the internet when you are downloading or using the Software and the costs of any browser (or other software) or hardware required to download or use the Software.
4. Privacy and Cookies: By accepting this EULA you also accept and agree with our Privacy Policy and Cookies Policy which describe the ways in which personal information entered into and generated by the Software is collected and used by Easyfundraising.
5. Intellectual Property and Ownership
5.1. Easyfundraising shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Easyfundraising. Easyfundraising reserves the right to grant licences to use the Software to third parties.
5.2. If a claim, demand or action for infringement or alleged infringement of any third party intellectual property is made in connection with the Software, or in the opinion of Easyfundraising is likely to be made, Easyfundraising may:
5.2.a. Regardless as to whether this reduces the performance or functionality of the Software, modify all or part of the Software, or provide substitute software so as to avoid the infringement (or alleged infringement). The terms herein shall apply in the same way to such modified Software or to any substitute service;
5.2.b. procure a further licence to continue to provide the Software on terms which are acceptable. You acknowledge that you may be asked to accept and required to comply with additional third party licence terms in relation to such further licence; or
5.2.c. withdraw the provision of the Software and terminate this licence in accordance with Clause 8.1.2.
6. Cookies: In order to facilitate the operation of the Software, Easyfundraising uses cookies (and other technologies). The ways in which cookies (and other technologies) collect information from you is described in the Privacy Policy and in the Cookies Policy which are incorporated into this EULA. Easyfundraising’s cookies (and other technologies) allow Actions you perform on third party websites to be recorded and reported to Easyfundraising by Retailers. Easyfundraising is not liable for the failure of any cookies (and other technologies) to record your Actions, and thus generate Donations for your Good Cause. Such cookies may not be effective if, for example, you have linked from the Retailer’s site to another site before completing your Action, if you are using other similar platforms as Easyfundraising which also place cookies, or if you have a toolbar or similar technology from other similar providers of cash back services. Another cookie may override Easyfundraising’s cookies, or the Retailer may have a specific policy when several cookies relating to similar services are placed on your device. Easyfundraising is not responsible for Retailers’ policies, if a Retailer does not report your Action, or if a Retailer does not pay the Donation which you believe is payable.
7. Limitations and Exclusions of Liability
7.1. Notwithstanding the other provisions of this EULA, none of the exclusions or limitations in this EULA shall exclude or restrict Easyfundraising’s liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation or for any other liability that Easyfundraising cannot exclude or limit under any applicable law.
7.2. Easyfundraising excludes its liability to you for any amount or kind of loss or damage including (but not limited to) any direct, indirect, or consequential loss or damages (whether in tort, contract, or otherwise) including (but not limited to) any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and that may result to you or a third party arising out of or in connection with:
7.2.a. your use of the Software;
7.2.b. viruses or malware that may infect your computer equipment, software, data, or other property on account of your downloading and use of the Software; and
7.2.c. any error or omission (whether human or manmade) in the provision of the Software or in the operation of the Software including (but not limited to) any typographical or programming mistakes or errors.
7.3. The total liability of Easyfundraising to you, whether in contract, tort or otherwise and whether in connection with this EULA or any collateral contract, shall in no circumstances exceed a sum equal to £50.
7.4. Easyfundraising shall not be responsible for any breach of these Website Terms caused by circumstances beyond its reasonable control.
7.5. The express terms of this EULA are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise all of which are hereby excluded to the fullest extent permitted by law including warranties of fitness for purpose, title or non-infringement.
7.6. You acknowledge that:
7.6.a. you assume sole responsibility for any contracts which you enter into with Retailers, Easyfundraising shall have no liability in respect of any purchase of goods or services made from Retailers;
7.6.b. Easyfundraising shall have no liability for any damage caused by errors or omissions using the Software or any actions taken by you using the Software;
7.6.c. Easyfundraising does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free or that defects in the Software will be corrected. Easyfundraising shall also not be liable for any failure by the Software to provide any functions which it purports to; and
7.6.d. the Software may contain viruses, bugs, worms, trojan horses, bots and other harmful and destructive components.
7.7. You acknowledge that the limitations and exclusions contained in this licence are reasonable in light of the fact that the Software is made available without charge by Easyfundraising.
8. Term and Termination
8.1. This EULA may be terminated:
8.1.a. immediately by your deletion or permanent removal of the Software from your device;
8.1.b. immediately upon written notice from Easyfundraising if you have failed to abide by its terms, or Easyfundraising suspects you have failed to abide by its terms; or
8.1.c. upon 7 days’ written notice from Easyfundraising stating that your licence to use the Software is withdrawn.
8.2. Upon termination (however caused) you agree that:
8.2.a. you shall delete all copies of the Software stored on any device under your control and you shall certify to Easyfundraising, that this has been done, if requested by Easyfundraising;
8.2.b. all rights granted to you under this EULA, and in particular the licence to use the Software, shall cease; and
8.2.c. you shall cease all activities authorised under this EULA.
8.3. Any termination of this EULA (howsoever occasioned) shall not affect any accrued rights or liabilities Easyfundraising or you nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
9. General Terms: (a) Changes to these Website Terms: Easyfundraising may change this EULA from time to time via a suitable notice to you. The changes will apply to the use of the Software after Easyfundraising has given notice. If you do not wish to accept the new EULA you should delete the Software from your device(s). If you continue to use the Software after the date on which the change comes into effect, such use indicates your agreement to be bound by the new EULA; (b) Dealing in rights and obligations: You may not transfer any of your rights or obligations under this EULA to any other person. Easyfundraising reserves the right to transfer or assign its rights and obligations, in whole or in part, to any person (without your consent); (c) Waiver of remedies: If Easyfundraising fail to or decide not to enforce the provisions of this EULA or pursue any remedy available to it, this does not prejudice or restrict its rights to do so in the future; (d) Entire agreement: This EULA is subject to Easyfundraising’s website terms and any other terms which are applicable to you as a result of your use of the Website (for example the Good Cause Terms or the Supporter Terms). Otherwise, this EULA supersedes all prior agreements arrangements and understandings between the Parties and constitutes the entire agreement between the parties relating to the subject matter hereof (save that neither Party seeks to exclude liability for any fraudulent pre-contractual misrepresentation upon which the other Party can be shown to have relied). No variation of any provision of this EULA shall be binding upon the Parties unless made by a written instrument signed by a duly authorised representative of each of the parties; and (e) Third Parties: The parties confirm their intent not to confer any rights on any third parties by virtue of this EULA and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this EULA.
10. Law and Jurisdiction: This EULA, and any dispute arising out of or in connection with this EULA, shall be governed by and construed in accordance with the laws of England and Wales. Any dispute which may arise between the parties concerning this EULA shall be determined by the English Courts and the parties hereby submit to the exclusive jurisdiction of the English Courts for such purpose.
11. Support: Easyfundraising’s technical support staff will endeavour to answer questions you may have regarding the use of the Software or its application. For email support please call email support@easyfundraising.org.uk.