Account: Each Registered Giver and KeepItYourselfMoney User has their own account which only stores the basic information TheGivingMachine needs to be able to match donations to Causes or return KeepItYourselfMoney to KeepItYourselfMoney Users and identifies the Giver or KeepItYourselfMoney User via a unique email address.
Anonymous Giver: A Giver who does not open an account, thereby remaining anonymous on TheGivingMachine.
Cause(s): All Managed Causes and Unmanaged Causes.
Giver: A Registered Giver or Anonymous Giver who uses TheGivingMachine to purchase goods via featured retailers on TheGivingMachine Services and supports their chosen Causes.
KeepItYourselfMoney User: A shopper who uses TheGivingMachine to purchase goods via featured retailers on TheGivingMachine Services to generate commission which is then retained by the shopper (‘KeepItYourselfMoney’).
Managed Cause: A cause that has registered via TheGivingMachine’s cause application process and confirmed contact and payment details.
Registered Giver: A Giver that has registered via TheGivingMachine’s giver application process.
TheGivingMachine Services: these services comprise www.thegivingmachine.co.uk (‘the Website’) and associated mobile/tablet and desktop applications that can be downloaded.
Unmanaged Cause: A cause that has been supported by a Giver but has not yet confirmed contact details and/or details to receive payments.
2. Terms and Conditions for Givers
As an Anonymous Giver, a Registered Giver, or a KeepItYourselfMoney User of TheGivingMachine Services you agree to abide by the following terms and conditions (the ‘Terms and Conditions’). If you do not agree with these Terms and Conditions, you are required to stop using TheGivingMachine Services immediately. By registering as a Registered Giver you are automatically opted into the regular newsletter from TheGivingMachine. If for some reason you do not wish to receive regular newsletters from us, you can change your preferences by editing your Account details.
3.1 As an Anonymous Giver, a Registered Giver, or a KeepItYourselfMoney User, by using TheGivingMachine Services you will earn commission on qualifying purchases which can either be allocated and donated to TheGivingMachine so that it may support your suggested Cause or Causes, or retained as KeepItYourselfMoney. A Giver or KeepItYourselfMoney User may change their instructions to TheGivingMachine regarding any commission received by TheGivingMachine but not already paid over as a donation or paid back to a KeepItYourselfMoney User.
3.2 TheGivingMachine reserves the right to refuse membership or terminate accounts without notice at any time.
4.1 You must be logged in to TheGivingMachine Services in order to earn commission.
4.2 Any transactions for goods or services are made directly with the retailers that you purchase from and not with TheGivingMachine. Accordingly, TheGivingMachine does not have any of the legal obligations that apply to such retailers.
4.3 In order for your purchases to generate commission which can then be donated to TheGivingMachine so that it may support your suggested Cause or Causes or retained as KeepItYourselfMoney, it is essential that you click through the retailer’s link using TheGivingMachine Services. Reaching a retailer by any other means will not result in any donations or retained money being generated from that purchase.
4.4 Commission raised via TheGivingMachine Services is the exclusive property of the Giver or KeepItYourselfMoney User (as appropriate). TheGivingMachine receives commissions on behalf of the Giver or KeepItYourselfMoney User. Each Giver or KeepItYourselfMoney User can use the commission they earn either to donate to TheGivingMachine, which will use its best endeavours to subsequently apply such funds to the Giver’s chosen Cause or Causes as part of TheGivingMachine’s charitable work, or retained by the KeepItYourselfMoney User. In order for donations or KeepItYourselfMoney to be earned, commission must be received by TheGivingMachine from the retailer. TheGivingMachine accepts no responsibility if commission is not received from the retailer. After receiving the commission from the retailer, TheGivingMachine will then allocate the commissions received as Giver donations to TheGivingMachine or to the KeepItYourselfMoney User’s KeepItYourselfMoney in accordance with the Giver’s or KeepItYourselfMoney User’s instructions.
4.5 Donations and KeepItYourselfMoney are not payable on refunded or reversed sales.
4.6 Donations will only be used by TheGivingMachine to support its charitable work considered for payment on to each Cause once the total amount of commission received for a cause has exceeded £15. Donations made by Givers to TheGivingMachine are non-refundable.
4.7 Gift Aid can be claimed on donations made by Givers who are UK tax payers (see paragraph 5 Gift Aid, below).
4.8 All transactions are electronically logged and reported back by the retailer. TheGivingMachine makes every effort to ensure that retailers are correctly reporting their sales. However TheGivingMachine is not responsible should the retailers fail to report back any sale. In the rare case that this does occur TheGivingMachine will make every effort to obtain the commission from the retailer on your behalf; however the retailer’s decision is final. If for some reason generated commission cannot be matched to a particular Account, TheGivingMachine will make best efforts to select the most likely Account and allocate the commission as a donation or KeepItYourselfMoney on that basis.
4.9 Should a retailer delay or cancel payment for any reason or cease trading then we will attempt to recover the commission. However, TheGivingMachine cannot be held responsible for lost commission as a result of errors or changes made by a retailer or its trading condition.
4.10 Unless otherwise stated, commission is only available on purchases completed online. No commission will be paid on orders made by phone or post. Orders placed online that are later completed or revised by phone are also not eligible for commission. In this instance you are advised to cancel the order and place a new order online through TheGivingMachine in order to earn commission from your transaction.
4.11 Each offer is governed by individual terms and conditions. Please check with the retailer concerned for full details. TheGivingMachine reserves the right to remove or amend any offer at any time without notice.
4.12 The individual commission values shown have been rounded to two decimal places for display purposes. As many as eight decimal places may be present in the actual commission. The commission totals are calculated using the actual commission values, rather than the displayed values.
4.13 A maximum of 45% of all donations will be retained by TheGivingMachine charity to cover its reasonable administration costs. At least 55% of all donations will be forwarded to causes nominated by Givers; Gift Aid (see below) will increase the effective % given to 75%.
5. Gift Aid
5.1 Gift Aid increases the value of donations to charities, charitable companies, charitable trusts and Community Amateur Sports Clubs, by allowing these organisations to reclaim basic rate tax on qualifying donations.
5.2 Givers can enable Gift Aid to be claimed on their donations to TheGivingMachine by certifying that they are a Giver who pays UK tax and wishes such a claim to be made on their donation.
5.3 By certifying that you are eligible for Gift Aid, you are consenting to TheGivingMachine reclaiming Gift Aid on your donation. TheGivingMachine will then allocate the donation and a proportion of the Gift Aid reclaimed to your nominated Cause or Causes.
5.4 Please note that whilst TheGivingMachine will endeavour to ensure that every donation is paid to the Cause or Causes of your choice, TheGivingMachine retains absolute discretion to allocate donations as it sees fit. In cases where TheGivingMachine considers the Cause or Causes of your choice to be unsuitable or unable to receive charitable donations, your donation and any Gift Aid reclaimed will be paid to a Cause or Causes of TheGivingMachine’s choosing. If this occurs we will notify you of the recipient of your donation.
5.5 A maximum of 20% in aggregate of all Gift Aid successfully claimed by TheGivingMachine charity will be retained by TheGivingMachine to cover its incremental administration costs.
6.1 The primary purpose of TheGivingMachine is to generate donations for charitable organisations. However, shoppers are able to retain generated commission as KeepItYourselfMoney.
6.2 In order to retain commission as KeepItYourselfMoney, KeepItYourselfMoney Users will need to provide their BACS details by sending us a short note confirming that they want to setup a KeepItYourselfMoney user account, the email address to be used, their BACS details confirming the bank, sort code and account number, their postal address and enclose a blank paying in slip or cancelled cheque that confirms their account details. Please send to: TheGivingMachine, 14a Grange Park, Bishop’s Stortford, Herts CM23 4AZ.
6.3 A maximum of 45% of all KeepItYourselfMoney commission generated will be retained by TheGivingMachine to cover its reasonable administration costs.
6.4 KeepItYourselfMoney will only be payable once the total amount of commission received has exceeded £15 or the KeepItYourselfMoney User closes their account with TheGivingMachine.
6.5 Please note that the details requested in paragraph 6.2 can only be amended by contacting a system administrator via an e-mail to firstname.lastname@example.org.
7. Your Responsibilities
7.1 TheGivingMachine relies on your computer allowing cookies and therefore it is your responsibility to ensure that you have cookies turned on.
7.2 If your Account is seen to be dormant and showing no transactions for 6 months or more, TheGivingMachine reserves the right to terminate your Account without notice. TheGivingMachine will apply any balance in the Account in accordance with the election of the Giver’s or KeepItYourselfMoney User’s last instructions.
7.3 In using TheGivingMachine Services you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of TheGivingMachine Services for personal, non-commercial home use only.
8. TheGivingMachine’s Responsibilities and Rights
8.1 TheGivingMachine reserves the right to modify any of the Terms and Conditions at any time. In this event we will notify TheGivingMachine community of any changes by posting the revised Terms and Conditions on TheGivingMachine Services.
8.2 TheGivingMachine Services includes links to third party websites that are controlled and maintained by other parties. Any link to other websites on TheGivingMachine Services is not an endorsement of such websites and you acknowledge and accept that we are not responsible for the content or availability of any such websites.
8.3 The content of TheGivingMachine Services is not intended to be taken as advice and should not be relied upon in making any decision.
8.5 All copyright, trademarks and all other intellectual property rights in TheGivingMachine Services and its content (including without limitation the website design, text graphics, all software and source codes connected with TheGivingMachine Services) are owned by or licensed to TheGivingMachine or otherwise used by TheGivingMachine as permitted by law.
8.6 TheGivingMachine Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
8.7 To the extent permitted by law, TheGivingMachine will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of TheGivingMachine Services (including, without limitation, any liability arising out of or in connection with any transactions with retailers or any goods or services purchased via TheGivingMachine Services).
8.8 TheGivingMachine cannot be held responsible under any circumstances for damages of any nature (including but not limited to, direct or indirect damages resulting from the loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use TheGivingMachine Services and associated programs and applications.
8.9 TheGivingMachine retains the right to suspend or terminate any Account for any breach of any provision of these Terms and Conditions.
8.10 TheGivingMachine cannot guarantee that TheGivingMachine Services, associated programs and applications will be error free, that defects in them will be corrected or that they or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
8.11 In the event of war, invasion, act of foreign enemy hostilities (whether war has been declared or not) civil war, rebellion, revolution, insurrection, or military or usurped power, then TheGivingMachine shall be relieved of any and all liabilities incurred under these Terms and Conditions..
8.12 These Terms and Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
8.13 If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
8.14 These terms and conditions are governed by the laws of England and Wales and the English courts will have exclusive jurisdiction in relation to any and all disputes arising in connection with these Terms and Conditions.
9. Terms and Conditions for Causes
9.1 As a Managed Cause, you agree to appoint TheGivingMachine as a non-exclusive, royalty free licensee to use your name and logo in connection with TheGivingMachine Services and related promotional materials, programs and applications. The territory focus will be the United Kingdom (the ‘Territory’).
9.2 As an Unmanaged Cause we will track donations generated for you until you register to be a Managed Cause. To register to be a Managed Cause we will need correct bank details and a contact name and email address. We reserve the right to cancel your account and transfer any donations to our charity of the year, which is currently Cancer Research UK.
9.3 TheGivingMachine undertakes with all Causes that it shall:
9.3.1 promote awareness of TheGivingMachine Services throughout the Territory to the best of its abilities;
9.3.2 be responsible for the production, promotion, marketing and publications of TheGivingMachine Services and to that end may enter into such reasonable agreements as it shall deem fit so as to fulfil its obligations under this agreement;
9.3.3 ensure that TheGivingMachine Services shall be of good quality and complies in all respects with all relevant statutory standards and shall contain a statement to this effect;
9.3.4 make regular payments to all Causes with a balance greater than £15 who have provided BACS details. Please note, TheGivingMachine is unable to pay any Cause who has not provided BACS details and will withhold payments until these details are received; and
9.3.5 abide at all times with Part II of the Charities Act 1992 and in particular will state on all notices, advertisements and other documents soliciting funds for a Cause which is a charity the fact that the charity is a registered charity and its registered charity number,
9.4 In addition to paragraph 9.3, TheGivingMachine undertakes with all Managed Causes that it shall:
9.4.1 not bring the name or the logo of any Managed Causes into disrepute in any way whatsoever and that none of its activities or those of any subsidiary or holding company are or will be inimical to the activities of the Managed Cause; and
9.4.2 include all Managed Causes in the list from which random Causes are selected where a giver chooses this method of selecting Causes to support.
10. Obligations of Managed Causes
10.1 Each Managed Cause undertakes with TheGivingMachine that it shall:
10.1.1 provide a link from its website to TheGivingMachine’s website;
10.1.2 actively promote the use of TheGivingMachine to reach its own fund raising goals via this agreement;
10.1.3 allow TheGivingMachine to share Cause comments and endorsements via social media channels; and
10.1.4 use TheGivingMachine’s “email your givers” facility for communications relating to TheGivingMachine, usage by your givers (e.g. to say thank you) or to mention fundraising events. We ask that you do not use this free facility to promote companies other than those affiliated with TheGivingMachine, as that would be unfair and cause TheGivingMachine to breach its privacy obligations to Givers.
11. Obligations of Unmanaged Causes
Each Cause which has agreed to accept donations undertakes with TheGivingMachine that it shall allow its name to be included in the list of Causes for Givers to support on TheGivingMachine Services and associated programs and applications.
12. Payments to Causes
12.1 In cases where the Giver is not eligible for Gift Aid or does not wish Gift Aid to be claimed on their donation, TheGivingMachine shall allocate the commission received from retailers directly to the nominated Cause or Causes on behalf of the Giver.
12.2 The donations to be paid to each Cause are calculated based on the monthly summation of specific commission payments to the TheGivingMachine less a maximum of 25% of the commission generated to be retained by TheGivingMachine to cover its reasonable administrative costs.
12.3 In cases where the Giver is eligible for Gift Aid and wishes Gift Aid to be claimed on their donation, the commission generated and any Gift Aid received and allocated to Causes will be paid by TheGivingMachine to the nominated Cause or Causes on behalf of the Giver.
12.4 The donations to each Cause are calculated based on the monthly summation of specific commission paid to the TheGivingMachine and the Gift Aid returned to TheGivingMachine, noting the following criteria:
12.4.1 a maximum of 45% in aggregate of the commission matched to specific Givers will be retained by TheGivingMachine to cover its reasonable administrative costs; and
12.4.2 a maximum of 20% in aggregate of the Gift Aid recovered will be retained by TheGivingMachine to cover its reasonable and incremental administrative costs.
If you have read these terms and conditions, please let us know by contacting us and saying ‘I have read your terms and conditions’ along with your name and address. For the first ten replies, we’ll send you a Twirl chocolate bar (UK residents only please).
Last updated: 15th June 2016