Kindness For Humanity, a charity registered in England and Wales under charity registration number 1188325 and have our registered office at 107 London Road, Leicester, LE2 0PF, operates and maintains the online donations platform at kindnessforhumanity.org.uk, with Kindness For Humanity as one of its trading names.
Kindness For Humanity is a website at www.kindnessforhumanity.org.uk which allows charities to run fundraising campaigns, and users to donate to charities of their choice, (together, the “Kindness For Humanity Services”). The Terms and Conditions govern Charity’s use of Kindness For Humanity Services.
Please read these Terms and Conditions carefully. By applying to be (and continuing to be) a member of the Kindness For Humanity platform, each charity and similar organisation (each a “Charity” for the purposes of these Terms and Conditions) are agreeing to these Terms and Conditions. If the Charity does not wish to be bound by these Terms and Conditions, the Charity should not continue to use or access any of the Kindness For Humanity Services (as defined below).
Kindness For Humanity operates its business in a number of countries and Sections 1 to 15 of these Terms and Conditions (the “core terms”) apply to all Charities, wherever they are located.
Kindness For Humanity may change or update these Terms and Conditions from time to time. The current version of the Terms and Conditions will be available on kindnessforhumanity.org.uk. It is Charity’s responsibility to access and check these Terms and Conditions whenever the Charity accesses or uses the Kindness For Humanity Services. The latest version of these Terms and Conditions will govern any future usage by the Charity of the Kindness For Humanity Services.
These Terms and Conditions supersede and replace all previous versions of the Terms and Conditions.
1. Term & Membership
1.1 For the purposes of these Terms and Conditions, “Commencement Date” shall mean the date from which the Charity is notified that the Charity has been successfully registered to use the Kindness For Humanity Services (which shall be at Kindness For Humanity’s sole discretion). Kindness For Humanity shall provide the Kindness For Humanity Services to the Charity and the Charity shall comply with these Terms and Conditions until the membership is validly terminated.
1.2 Membership is for a minimum period of one (1) year from the Commencement Date and thereafter from year to year until terminated by written notice by either party to the other, in accordance with Section 10.1 below. Please see Section 10 of these Terms and Conditions for further termination provisions.
2. Kindness For Humanity Obligations
Donations
2.1 Kindness For Humanity will maintain all funds in its Kindness For Humanity bank account at Barclays Bank PLC in London. Monies (other than the interest accruing on such monies) are held on behalf of the Charity and do not belong to Kindness For Humanity.
2.2 Kindness For Humanity will operate the Kindness For Humanity Services so that donors can make online donations by credit or debit card, or by any other payment method made available by Kindness For Humanity, through a Fundraising Page set up for the Charity or on Charity’s area on the Kindness For Humanity website. For all Charities, the use of the Kindness For Humanity Services is on an “as is” and “as available” basis. Whilst Kindness For Humanity cannot promise troublefree use, experience suggests that the Kindness For Humanity Services are reliable.
2.3 Kindness For Humanity will set up arrangements to ensure that all donations received by Kindness For Humanity (after deduction of any bank processing charges and applicable sales taxes) are:
2.3.1 paid into its bank account and held in trust for the Charity; and
2.3.2 paid out by bank transfer from the Kindness For Humanity bank account to Charity’s validated bank account. This payment will be a lump-sum payment, made within 14 days of the Kindness For Humanity campaign ending.
Support and Donation Acknowledgements
2.4 Kindness For Humanity will send prompt email acknowledgements to donors in respect of each donation made to the Charity via the Kindness For Humanity Services.
2.5 Kindness For Humanity will respond to donors’ account enquiries that it receives.
Personal Information
2.6 Kindness For Humanity will 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 local privacy laws, regulatory requirements and guidance as updated and amended from time to time including such laws, regulatory requirements and guidance applicable in the territory where donors access the Website (“Local Privacy Laws”) and protect and secure such information. Charities should refer to for more details of how Kindness For Humanity processes Personal Information and uses cookies. For the avoidance of doubt, this Section 2.7 does not imply that Kindness For Humanity will share such information with the Charity, but selected Personal Information shall be shared with the Charity in accordance with Section 2.9 below.
2.7 To the maximum extent possible under applicable law, Kindness For Humanity will abide by the instructions of all donors in respect of their Personal Information.
2.8 Kindness For Humanity will not sell, trade or rent Personal Information to third parties.
Records and Audit Requirements
2.9 Kindness For Humanity will keep proper records of all donations and income received and expenses incurred for such period as may from time to time be required by the applicable local governmental revenue body, and maintain records which relate to the Charity and the performance of the obligations hereunder (to which the Charity may, subject to the Global Privacy Laws, have access and make copies of at its own expense on request and at reasonable times).
2.10 Kindness For Humanity will provide each Charity with reports outlining: the number of donations received, the value of the donations received, and the Transaction Fees deducted from the total donations in accordance with Section 6.
Site Maintenance and Miscellaneous
2.11 Kindness For Humanity will comply at all times with all applicable laws and applicable authority, licence, permit or registration requirements.
2.12 Kindness For Humanity will undertake planned maintenance and upkeep of the Kindness For Humanity Services.
3. Charity’s Obligations – General
Donations
3.1 The Charity will ensure that all content (including text and images) supplied by it to Kindness For Humanity for display on the Kindness For Humanity Services (including, in each case, links to any third party sites or content) will not violate any law or regulation or be defamatory, misleading, obscene or breach any intellectual property rights of a third party or breach any right of or duty owed to a third party.
3.2 The Charity will provide written confirmation to Kindness For Humanity of any donations (including any Gift Aid reclaimed on the same) that it permits Kindness For Humanity to reimburse to the donor. Kindness For Humanity will not permit refunds without prior written consent from the Charity unless required by applicable local laws.
3.3 Subject to local applicable laws, the Charity will permit Kindness For Humanity to deduct such refunds, and any chargebacks arising, from subsequent donations payable to the Charity. Should no donations arise within one (1) week of the refund or chargeback Kindness For Humanity reserves the right to invoice the Charity for the refunds and chargebacks, and the Charity agrees to settle that invoice within one (1) month of the invoice date.
3.4 The Charity will maintain the necessary authority, permit licence, consent, approval and registration for it to fundraise (and, where applicable, for Kindness For Humanity to fundraise on its behalf) in accordance with applicable local laws and if Kindness For Humanity needs any such authority, permit, licence, consent, approval or registration for it to fundraise on behalf of the Charity then the Charity will, at no cost to Kindness For Humanity, provide all such assistance as Kindness For Humanity reasonably requires to assist Kindness For Humanity with the same.
3.5 The Charity will inform Kindness For Humanity immediately if, for any reason, it:
3.5.1 ceases to carry on operating for charitable purposes;
3.5.2 is found to be engaged in any corrupt or immoral practices;
3.5.3 is subject to any investigation or inquiry which could result in the necessary authority, permit, licence, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws being suspended, revoked or withdrawn; or
3.5.4 ceases to have the necessary authority, permit, licence, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws.
3.6 The Charity will promptly provide any information reasonably requested by Kindness For Humanity in order for Kindness For Humanity to be able to provide the Kindness For Humanity Services to the Charity effectively.
3.7 The Charity will ensure that, in each case where a donor is advised that his/her donation will be used for a specific purpose, appeal or outcome, the donation is used only for that specific purpose, appeal or outcome.
3.8 The Charity will comply with all applicable laws and regulations in its use of the Kindness For Humanity Services.
3.9 The Charity represents, warrants and undertakes to Kindness For Humanity that:
3.9.1 these Terms and Conditions have been accepted and agreed to by a sufficient number of its duly authorised representatives; and
3.9.2 any documents provided to Kindness For Humanity as part of Charity’s application for registration or maintenance of such registration) have been or shall be executed by a sufficient number of its duly authorised representatives.
4. Charity’s Obligations – Data Protection and Direct Marketing
4.1 To the extent that Charity’s use of the Kindness For Humanity services results in access to any Personal Information, the Charity will:
4.1.1 at all times assist with the responsibilities of Kindness For Humanity, as a data controller responsible for determining how the Personal Information is processed under the provisions of the Global Privacy Laws;
4.1.2 not do, or cause or permit to be done, anything which may result in a breach by Kindness For Humanity of the Global Privacy Laws and comply with all reasonable instructions from Kindness For Humanity relating to the processing by the Charity of such Personal Information;
4.1.3 comply with the Local Privacy Laws in respect of Charity’s collection, use, disclosure or processing of the Personal Information;
4.1.4 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;
4.1.5 not sell, trade or rent Personal Information to third parties;
4.1.6 hold the Personal Information securely and not disclose it to anyone other than Kindness For Humanity, as agreed to by the data subject and/or as permitted by Global Privacy Laws;
4.1.7 implement adequate security, technical and organizational measures against all unauthorized, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with Global Privacy Laws, and abide by Kindness For Humanity’ reasonable requirements to ensure the security of the Personal Information as notified to the Charity from time to time;
4.1.8 use Personal Information appropriately and only for the specific purposes as notified to the Charity from time to time, including by way of the applicable privacy policy available on Kindness For Humanity’s Website; and
4.1.9 not retain any Personal Information for longer than is necessary.
4.2 In addition to its obligations under Section 4.1 above, if Charity’s use of the Kindness For Humanity services results in access to any Personal Information and the donor has agreed to receive marketing communications from the Charity, the Charity will only send marketing communications to the donor to the extent that the donor:
4.2.1 has indicated their preference to receive such communications; and
4.2.2 has not indicated a preference or otherwise asked to stop receiving such communications. This includes the donor clicking an unsubscribe link or registering with any applicable preference service (which the Charity agrees it shall, to the extent it is required to do so, check before sending any communications).
Where use of the Kindness For Humanity services results in access to any Personal Information relating to a donor but that donor has not agreed to receive marketing communications from the Charity, the Charity shall only communicate with that donor in relation to their specific donation and shall not (unless separate consent is obtained by the Charity) communicate with that person for any other purpose (including marketing).
4.3 The Charity shall be liable for and indemnify Kindness For Humanity, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by Kindness For Humanity which arise (directly or indirectly) out of or in connection with any breach of Sections 4.1 or 4.2 by the Charity.
5. Intellectual Property Rights and Licence
5.1 All intellectual property rights in any material (including text, photographs and other images, trademarks and logos) contained in the Kindness For Humanity Services is either owned by Kindness For Humanity or has been licensed to Kindness For Humanity by the rights owner(s) so that Kindness For Humanity can use this material as part of providing the Kindness For Humanity Services. Nothing in these Terms and Conditions shall operate as an assignment of any such intellectual property rights.
5.2 The Charity hereby grants to Kindness For Humanity, its affiliates and its partners a nonexclusive, worldwide and royalty-free licence to use its name and logo in connection with the performance and promotion of the Kindness For Humanity Services.
5.3 The licence shall terminate automatically on valid termination of Charity’s membership in accordance with Section 10 below.
5.4 The Charity shall be liable for and shall indemnify Kindness For Humanity, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by Kindness For Humanity which arise (directly or indirectly) out of or in connection with any third-party demand, claim or action alleging infringement of the third party’s intellectual property rights.
6. Fees
In consideration of using the Kindness For Humanity Services, the Charity shall pay any subscription fees set out in this Section 6 to Kindness For Humanity (together, the “Fees”). Subscription Fees
6.1 The subscription fee shall be payable via bank transfer, as a lump-sum payment, unless Kindness For Humanity has given express permission otherwise. Kindness For Humanity retains the right to suspend Charity’s use of the Kindness For Humanity Services at any time should collection of this amount not be successful for any reason or the Charity does not pay any other amount due to Kindness For Humanity under these Terms and Conditions for any other reason. In this situation, the Charity will only be granted access to the Kindness For Humanity Services upon receipt of any outstanding subscription fees.
6.2 Subscription fees will be payable by the Charity within seven (7) days of receipt of invoice.
7. LIABILITY
7.1 KINDNESS TO HUMANITY DOES NOT, AND NOTHING IN THESE TERMS AND CONDITIONS SHALL ACT TO EXCLUDE OR LIMIT KINDNESS FOR HUMANITY’S OR THE CHARITY’S LIABILITY: (I) FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE; (II) FRAUD; (III) UNDER ANY INDEMNITY CONTAINED IN THIS AGREEMENT; OR (IV) ANY OTHER LIABILITY WHICH MAY NOT BY APPLICABLE LAW BE EXCLUDED OR LIMITED.
7.2 The Charity agrees that the Kindness For Humanity services ARE provided on an “as is” and “as available” basis and that its use of the Kindness For Humanity services is at Charity’s sole risk. Kindness For Humanity does not guarantee continuous, uninterrupted, error or virus free or secure access to our Services and the operation of the Kindness For Humanity services may be interfered with by numerous factors outside of Kindness For Humanity’s control. On that basis, except as expressly set out in these Terms and Conditions, Kindness For Humanity does not enter into conditions, warranties or other terms in relation to the Kindness For Humanity services, and they are excluded to the fullest extent permissible by law.
7.3 Subject to Section 7.1, in no event, shall Kindness For Humanity be liable (whether for breach of contract, negligence or for any other reason) for any loss or damage which the Charity may claim to have suffered by reason of its (or any donor, fundraiser or other users) accessing and use of (or inability to access and use) the Kindness For Humanity services OR ANY PART OF THEM, including (but not limited to) loss of profits, exemplary or special damages, loss of sales, LOSS OF DONATIONS, LOSS OF GIFT AID, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or a waste of management or other staff time, or for any indirect, incidental consequential or special loss, however arising.
7.4 Kindness For Humanity may change the format and content of the Kindness For Humanity services from time to time. IN PARTICULAR, The Charity should refresh its browser each time it visits the Website to ensure that the Charity downloads the most up to date version of the Website, including the latest version of these Terms and Conditions.
7.5 Subject to the other terms of this section 7, the total aggregate liability of Kindness For Humanity arising under or in connection with the Charity (or any donor, or other users) accessing and using the Kindness For Humanity services and inability to access or use THE KINDNESS FOR HUMANITY SERVICES shall be limited to the total fees paid under these Terms and Conditions by the Charity during the preceding 12 months period ending on the date the circumstances giving rise to the liability arose.
7.6 Some countries do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages which means that some of the above limitations may not apply to Charities BASED IN THOSE COUNTRIES. In these countries, Kindness For Humanity’s liability will be limited to the greatest extent permitted by law.
8. Insurance
Each party must at all times maintain such adequate insurances as are required by local applicable laws or as are customary for the parties to an agreement of the nature of these Terms and Conditions to maintain in the local market place.
9. Confidential Information
During the term of Charity’s membership and for a period of seven (7) years thereafter, the parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of Kindness For Humanity’s 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 required to do so by applicable local law or regulatory or governmental body. This Section 9 shall survive termination of these Terms and Conditions.
The applicable local laws in the United Kingdom, which may require disclosure of otherwise confidential information, include, without limitation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.
10. Termination
10.1 In accordance with Section 1 above, a notice of cancellation should be received no later than 6 months prior to the Ramadhan of that year. All notices from a Charity must include Charity’s full name and registered charity number. Such notice shall be deemed to have been received within five (5) business days if posted (att: finance department) and within twenty-four (24) hours if emailed (info@kindnessforhumanity.org.uk). Late cancellation notices may not result in a refund of the subscription fees. Please note that cancelling a direct debit that has been set up to pay the subscription fee described in Section 6 is not sufficient to cancel a Charity membership; so that Kindness For Humanity can process a cancellation request accurately and on time, post or email notice must also be provided to Kindness For Humanity in accordance with this Section 10.1.
10.2 In addition to the rights of each party under Sections 1 and 10.1 above, each party will have the right to terminate the use (and provision) of the Kindness For Humanity Services with immediate effect by notice in writing when, and at any time after, the other party commits an act of default (as defined below) or commits any act or threatens to do any act the direct result of which is to damage or is likely to damage the reputation of the other party. An act of default by either party shall occur if:
10.2.1 the party is wound up or a liquidator or examiner is appointed;
10.2.2 an administration order is made in relation to the party or a receiver or an administrative receiver is appointed over or an encumbrancer takes possession of or sells all of the party’s assets;
10.2.3 the party makes any arrangement or composition with its creditors generally;
10.2.4 the party ceases or threatens to cease to carry on its business;
10.2.5 any event analogous to the events listed in Sections 10.2.1 – 10.2.4 (inclusive) occurs in any territory in relation to the party or any step towards any such event or analogous event is taken by any person and not promptly dismissed or reversed.
10.3 In addition to its rights under Sections 1, 10.1 and 10.2 above, in the event, that the Charity materially breaches any of these Terms and Conditions or if Kindness For Humanity reasonably considers that any of the events listed in Sections 3.5.1, 3.5.2, 3.5.3 or 3.5.4 apply (or are likely to apply), Kindness For Humanity may, at its sole discretion, without notice and with no liability to the Charity do one or both of the following:
10.3.1 suspend or terminate Charity’s access to the Kindness For Humanity Services;
10.3.2 suspend any payments due to the Charity under Section 2.3.
10.4 To the maximum extent permitted by applicable law Kindness For Humanity, in any event, reserves the right to withdraw the Kindness For Humanity Services (or any part of them) from public access at any time, at its complete discretion.
11. Suspension of Kindness For Humanity Services
Kindness For Humanity may, in its sole discretion, without liability to the Charity, suspend the operation of any of the Kindness For Humanity Services in full or in part at any time, for example, but without limitation for repair or maintenance work or in order to update or upgrade the contents or functionality of the Kindness For Humanity Services from time to time.
12. Notices and Entire Agreement
12.1 Notices referred to above should be made in writing and sent by registered post to the addresses given in the applicable country-specific terms or, in the case of notices to be sent by or to Kindness For Humanity, by email to info@kindnessforhumanity.org.uk.
12.2 These Terms and Conditions represent the entire agreement between Kindness For Humanity and the Charity and supersede and replace any other representations made orally or in writing.
13. Third Party Rights
A person who is not a party to these Terms and Conditions has no right to enforce any term of these Terms and Conditions.
14. Grievances from employees, complaints handling process and dispute resolution
Grievances from employees
14.1 Any grievances by employees of either party will be dealt with by that party.
Complaint handling procedure
14.2 Kindness For Humanity will promptly respond to any complaints from donors concerning the Kindness For Humanity Services.
14.3 Kindness For Humanity will maintain records relating to the complaints it receives.
Dispute resolution
14.4 If a dispute arises under these Terms and Conditions or concerning its subject matter, either party may at any time give written notice to the other requesting that a meeting take place to seek to resolve the dispute. The nominated senior representatives of both parties must meet within five business days of the notice and try to resolve the dispute in good faith. If such a meeting does not take place or if five business days after the meeting the dispute remains unresolved, either party may pursue its rights at law.
14.5 Despite the existence of a dispute, each party must continue to perform its obligations under these Terms and Conditions.
14.6 Sections 14.4 and 14.5 do not restrict or limit the right of either party to obtain interim, protective or interlocutory relief, or to immediately terminate these Terms and Conditions where these Terms and Conditions provide such a right.
15. Governing Law
These Terms and Conditions and any contractual or non-contractual claim arising out of or in connection with a Charity’s use of the Kindness For Humanity Services are governed by the law. The governing law for the purpose of Section 15 is the law of England, and the English courts have exclusive jurisdiction.
Additional terms for Charities in the United Kingdom
Gift Aid
1.1 Kindness For Humanity will offer all donors who are UK taxpayers the option of making donations in a manner that makes them eligible for Gift Aid reclaims.
1.2 Kindness For Humanitywill make available to Charity all data necessary to process the Gift Aid of their donors where the donor has given the appropriate permissions.