Terms of Service
These Terms of Service constitute a legal agreement between you, as the user of the Website, and Appreciate Limited, as the owner of the Website.
Our terms of service describe what Appreciate Limited (“Appreciate”) does for you and the causes you support, and what we kindly request of you as a user in return.
· The “User” – defined as the individual using the service Appreciate offers.
· The “cause” – defined as a non-profit, charity, or volunteering experience. Appreciate reserves the right to define a “cause”.
· The “Website” – refers to www.justappreciate.com.
We operate in a number of countries and these core terms of service apply in each. There are some country specific terms which also apply.
Here are the key points:
- Appreciate is An online Platform to Connect with “nonprofits/charities” - we run and maintain a website that connects you (the “user”) to the "non-profits/charities". For this service of connecting the “user” to the “cause”.
- User Conduct - If you create a Appreciate page or use any of our other services, please remember Appreciate is for everyone. Appreciate reserves the right to remove offensive, obscene or racist content on the rare occasions when we find it; we do not limit to legal issues and/or discrimination; – and we may terminate membership as a result. Appreciate reserves the right to determine what is deemed offensive, obscene or discriminatory. Please also make sure that the content you upload to the site, especially pictures and videos, does not infringe another person’s copyright.
If you want the full, extended version, here it is:
Appreciate Limited is a trading name of the Appreciate entity. Appreciate operates www.justappreciate.com (the "Website") and its associated services. These core Terms of Service govern your use of the Website and its associated services. Please read these Terms of Service carefully. If you do not wish to be bound by these Terms of Service, you should not continue to use or access the Website or its associated services.
These Terms of Service may change or be updated from time to time. It remains your responsibility to access and check these Terms of Service wherever you access the Website. The latest version of these Terms of Service will govern any future usage by you of the Website and its associated services.
About the “causes” featured on the Website
The Website and its associated services allows you to “connect” with "non-profits/charities". "Non-profits/charities" are listed on this Website at Appreciates discretion, however we cannot accept responsibility for the activities of the "non-profit/charities". A charity must have the appropriate authorisation, permit or licence to operate as a charity, as required by the local laws of the territory in which it operates. You should note that Appreciate’s pages are not intended to raise money for “causes”, so you should read the description of them carefully and be happy that they are genuine and suitable to receive your donation. Different charities, terms used on Appreciate’s pages and other organisations can have similar names: it is your responsibility to check that you are connecting with the non-profit you intended.
Protecting your account
When you register with Appreciate and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password to prevent others gaining access to your personal information. This includes any taxpayer details you may have saved under your profile in order to claim Gift Aid, in the event Appreciate decides to change our service and facilitate the transfer of funds as a donation at a future date. Claiming Gift Aid 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 contact us, the “user” can find information of our contact details on the Contact Us page.
You must at all times use the Website and its associated services in a responsible and legal manner 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. In particular, but not exclusively:
You must not upload offensive, obscene, racist, defamatory, misleading or deceptive content, including photographs, on to the Website or its associated services, Appreciate reserves the right to define what is termed offensive and does not limit this to extreme political views, religious extremism, sexual discrimination, gender discrimination, or any other subject matter Appreciate deems to be inappropriate on the Website or its associated services. Appreciate 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 email us at email@example.com.
If you builds a page on Appreciate, 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 on your page, in particular the picture(s), photograph(s) and any video(s), is not copyright-protected. If it is, you must obtain the copyright owner's written consent to use it. Appreciate reserves the right to remove any pictures, photographs, videos or copy from personal fundraising or Appreciate pages, 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 email us at firstname.lastname@example.org.
Other than in relation to your own page, you may not remove or change anything on the Website.
In addition, you as a user must not:
- misrepresent your identity or affiliation with any other person or organisation;
- use the Website to send junk email or 'spam' to people who do not wish to receive email from you;
- use the Website to conduct, display or forward surveys, pyramid schemes or chain letters;
- use the Website to conduct, display or forward raffles, lotteries or contests, unless you have obtained any necessary licence or permission and you comply with all applicable laws;
- 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 Appreciate systems; or disclose any information relating to any donor except with the consent of the donor or as permitted by applicable local laws.
Appreciate reserves the right to cancel the “user(s)” membership and delete any Appreciate page without notice in the event of a breach of the above rules. Appreciate may also suspend or delete a page if the relevant “cause” is no longer active.
Building a Appreciate page in aid of a “non-profit/charities” in no way implies Appreciate’s endorsement of the “non-profit/charities”. Appreciate reserves the right, at its absolute discretion and without notice, to cancel the page.
The Website and its associated services contains 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. The “user(s)” relationship and any transactions with other people or organisations through their websites or otherwise are the “user(s)” own responsibility.
Appreciate may from time to time select partners offering relevant information and services that we believe will enhance our provision for visitors to the Website. Whilst we will do our best to select partners of the highest integrity, we are not responsible for any aspect of the information or services offered by them, and if you choose to use their services you do so at your own risk.
Trademarks, service marks or logos that appear on the Website or its associated services, in particular (but not exclusively) those of member charities, Appreciate pages 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 Appreciate and the trade mark owner.
All content on the Website and its associated services is owned by Appreciate Limited, our member “cause(s)”, Appreciate page creators 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, trade mark 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 Appreciate, and, where applicable, the copyright holder.
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, in order to): (i) copy (except as authorised by these Terms of Service), 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. Appreciate 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 Appreciate 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. Appreciate may also request that you destroy any data the “user” have gathered or extracted in breach of these terms and the “user(s)” agree that the “user(s)” will comply with such request promptly and certify the same.
Inquiries and permission requests may be sent to email@example.com.
Changes to the service
Appreciate will make every effort to ensure that the Website and other services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms of Service. Appreciate reserves its right to remove inactive pages from the Website and other services.
Failure to comply with these Terms of Service
In the event that you commit a breach of these Terms of Service Appreciate 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 the “user(s)” may discontinue use of the Website and associated services at any time. These Terms of Service will continue to apply to past use by you.
Disclaimer and Limitation of Liability
Appreciate does not, and nothing in these Terms of Service shall act to, exclude or limit Appreciate's liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. You the “user” 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. Appreciate does not guarantee continuous uninterrupted or secure access to our services and 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 of Service and except for the rights, guarantees and remedies which cannot be excluded, Appreciate does not provide other conditions, guarantees, warranties or terms in relation to the Website or its associated services, to the extent permissible by law. Appreciate shall undertake general maintenance and upkeep of the Website, usually at the times set out in the applicable country specific terms, 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.
Appreciate shall only be liable under these Terms of Service for losses which are reasonably foreseeable and caused by Appreciate's breach of these Terms of Service or Appreciate’s negligence. Appreciate's total liability to you arising under or in connection with these Terms of Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the donations you, the “user” have made to the “cause(s)” in the preceding 12 month period, ending on the date the circumstances giving rise to Appreciate's liability arose.
Any liability Appreciate may have to you shall not include losses relating to any business of yours or your own losses such as 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; Appreciate reserves the right to review our policy and Appreciate does not limit the extent of changes or alterations to this policy.
Appreciate may change the format and content of the Website and its associated services from time to time. You should refresh your browser each time you visit the Website to ensure that you are looking at the most up to date version of the Website, including the latest version of these Terms of Service.
Nothing in these Terms of Service excludes any statutory rights which may apply to you’re the “user(s)” use of the Website and associated services which cannot be excluded, restricted or modified by contract.
These Terms of Service 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 the law, and subject to the jurisdiction of the courts of, the Isle of Man.
Third party rights
A person who is not a party to these Terms of Service has no right to enforce any term of these Terms of Service.
SPECIFIC TERMS OF SERVICE FOR THE ISLE OF MAN AND ALL COUNTRIES.
These additional terms apply and will prevail where you access the Website or associated services in the United Kingdom or any other part of the world.
User conduct - you, as a user of the Website, must not provide a “cause” with any gift, prize or any other form of incentive in connection with the making of any “connection” by the donor, unless you have obtained any necessary licence or permission, you comply with all applicable laws.
Appreciate fees - All payments referred to in these Terms of Service are exclusive of Value Added Tax, where applicable.
Disclaimer and Limitation of Liability - The times at which Appreciate shall undertake general maintenance and upkeep of the Website will usually be between 00.00am and 00.00pm hours (GMT) at occasions where Appreciate sees fit.
Governing law - These Terms of Service 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 the laws of the Isle of Man and are subject to the non-exclusive jurisdiction of the Isle of Man courts.
ADDITIONAL TERMS FOR APPRECIATE PAGE CREATORS (APPLIES TO THE United Kingdom & Isle of Man ONLY )
If you create an Appreciate page on the Website the following additional terms will apply to your dealings with Appreciate in relation to the relevant Appreciate page and your use of the Website and associated services. To the extent there is any conflict between these additional terms and the core Terms of Service, these additional terms will prevail.
Capture personal information including but not limited to the donor's name, title, address and email address ("Personal Information") at all times in accordance with the Data Protection Act 2002 and related legislation, regulatory requirements and guidance as updated and amended from time to time ("Privacy Laws") and protect and secure such information. For the avoidance of doubt this paragraph does not imply that Appreciate will share such information with you and/or the Appreciate page;
Not sell, trade or rent Personal Information to third parties.
Appreciate will comply at all times with all applicable laws relevant to fund-raising and any authority, licence, permit or registration requirements, as amended from time to time; and
Appreciate may, at its sole discretion, evaluate your Appreciate page and/or the underlying project or cause and decide whether or not to host it on the Website.
Appreciate, as operator of the Website and associated services, acts as an intermediary between you and the individual users of the Website and associated services and, whilst your and/or the Appreciate page and the individual user information resides on the Website or associated services, Appreciate does not check or exercise any editorial control over the content of such information, save as required by applicable laws. In the event that Appreciate is made aware of or has knowledge of any unlawful activity or information on the Website or associated services, Appreciate shall act to remove or disable access to the information. Appreciate shall not be liable to you or the Appreciate page as a result of its role as intermediary.
Appreciate Page creator obligations
You agree that:
Where applicable, you shall ensure that any person or organisation for which you have created an Appreciate page agrees to you “connecting” on its behalf for the purposes set out on your Appreciate page;
You shall maintain any necessary authority, permit, licence, consent, approval and registration for you to “connect” in accordance with applicable laws and if Appreciate needs any such authority, permit, licence, consent, approval or registration for it to “connect” on behalf of the Appreciate page then you will, at no cost to Appreciate, provide all such assistance as Appreciate reasonably requires to assist Appreciate with the same. You agree that you shall inform Appreciate immediately if, for any reason, you and/or the Appreciate page cease(s) to maintain the necessary authority, permit, licence, consent, approval and/or registration to operate the fundraising activities in relation to the Appreciate page in accordance with applicable local laws.
- By building a Appreciate page you represent, warrant and undertake to Appreciate and the users of the Website that:
- you are 12 years of age or over;
- you are a Isle of Man and/or United Kingdom resident;
- each time you use the Website or associated services, and in particular when you create an Appreciate page, you will comply with Appreciate guidelines that apply to Appreciate pages at that time (currently available here);
- you will provide feedback via your Appreciate page on the Website, including at the end of the fundraising period to explain what outcome has been or will be achieved as a result (including how any funds raised in excess of your target will be used); and
that all donations provided to the Appreciate Crowdfunding page will be used for the purposes set out on your Appreciate page. You further represent, warrant and undertake that no fraudulent, criminal or otherwise improper uses will be made of “connections” made via your Appreciate page.
Licence of Trademark and Copyrighted Material
You hereby grant to Appreciate, its affiliates and its partners a non exclusive licence to use any of your Appreciate page's trademarks and any copyrighted material on your page (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.
The licence shall terminate automatically
Appreciate is subject to applicable laws.
Disclaimer and Limitation of Liability
Notwithstanding the provisions of the "Disclaimer and Limitation of Liability" section of the core Terms of Service, Appreciate’s total liability to you arising under or in connection with these Terms of Service, so far as such liability arises out of or relates to your creation and/or use of a Appreciate page, shall be limited to the total fees paid by you to Appreciate under these Terms of Service for your use of the Website and associated services during the preceding 12 month period ending on the date the circumstances giving rise to the liability arose.
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 required to do so by applicable law, or regulatory or governmental body. This paragraph shall survive termination of these Terms of Service.
Appreciate 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, including for example by removing any Appreciate page from the Website. Appreciate will only exercise this right where there is a breach or suspected breach by you of these Terms of Service (including where there is any actual or suspected fraudulent, criminal or improper use of the Website or associated services) or where Appreciate has any other legitimate reason to do so. These Terms of Service shall terminate automatically upon the removal by you or Appreciate of your Appreciate page from the Website. These Terms of Service will continue to apply to past use by you.
Updated: 20th November 2017