Terms & Conditions
Welcome to the small print! Sakil, Alun and Katalina are part of the legal team at Reed Smith who have helped us write our terms and conditions. We have tried to make it clear what you can expect from us, from our charities and from Virgin Money Giving (VMG), but if you would like help with any of the jargon, email firstname.lastname@example.org.
See The Difference Limited (“See The Difference”), which is registered with the Charity Commission as a UK charity, number 1127980 and has its registered office at 55 - 57 Rivington Street, London EC2A 3QA, operates www.seethedifference.org or www.seethedifference.org.uk, including the profile pages at www.seethedifference.org/User (your “Profile Page”) (together the “See The Difference Website”).
Please read these Terms and Conditions carefully. They may change from time to time so it is a good idea to come back and read through them again regularly to stay up to date. Changes will take effect when posted on the See The Difference Website.
1. How See The Difference works
1.1 See The Difference helps charities bring their work to life and help them connect more closely to givers, by providing a platform, the See The Difference Website, for charities to showcase their work to you about specific projects. When you see some of these projects, we hope you’ll want to make a donation. Each charity must be registered with the UK Charities Commission to be accepted onto the website.
1.2 See The Difference trains charities in video skills, conducts research and listens to givers to create a great platform where givers can explore and watch videos about the work these charities do. If you choose to make a donation, the payment system and service will be provided to you by Virgin Money Giving Limited ("VMG") through a separate relationship with you. Your relationship with VMG will be subject to VMG’s standard Terms and Conditions. Reference to VMG in these terms is purely descriptive and is not intended to be legally binding in any way either in relation to your relationship with See The Difference or VMG. See The Difference is not an intermediary between you and any charities whose projects are hosted on the See The Difference Website.
1.3 See The Difference Website also contains a feature allowing you to set up and run your own, individual Profile Page. On this Profile Page you can upload information about the charities that you support, donate to, volunteer or provide creative ideas for and information on charitable projects that you run or are involved in. The Profile Page allows you to add other See The Difference users as your friends, include updates and news as well as to pull information from other social network sites that you are registered on.
2. Fees and Making donations
2.1 You are not charged for accessing the See The Difference Website or making donations. We charge charities a small administration fee to cover the costs of running the See The Difference Website and VMG charge charities a small fee for registering charities, collecting payments and getting monies to the charities each week. The combined fee is currently 5% of the total amount donated (including gift aid). However, as a goodwill concession to charities that have supported our launch, See The Difference has agreed to waive its portion of the fee on donations received until the end of April 2011. For any charities joining us after July 1st 2010 the combined fee will be 5%.
2.2 VMG operates the payment systems and services (the "VMG Services") through which the donations to the charities hosted on the See The Difference Website are made. See The Difference are not responsible for payment processing or other services carried out by VMG. When making a donation you will link to the website of VMG who will require you to accept both these Terms and Conditions and VMG’s own Terms and Conditions for their services.
VMG require that all donations or payments are to be made by payment card; payment by cash or cheque is not accepted by VMG. Charities hosted on the See The Difference Website have authorised VMG to collect donations and, where permissible, reclaim Gift Aid for them under the Gift Aid scheme. When you confirm that you are eligible for Gift Aid in respect of a donation and wish VMG to claim it on behalf of the charity, VMG will request HMRC to do so accordingly. Further information on claiming Gift Aid on your donations can be found in the VMG Terms of Service and at the HMRC Website.
For example if you make a £20 donation and you’re a UK taxpayer and decide to add “gift aid” (whereby the government agrees to refund the tax paid on your donation to your charity), your charity will receive £25.00.
VMG has arrangements in place with the charities for the regular transfer of donations and recovered Gift Aid to the charities.
2.3 All charities pay VMG an administration charge (currently 2%) on all donations (excluding the Gift Aid element) to enable VMG to cover its costs. All donations will be paid by VMG to charities net of this 2% charge and credit/debit card charges. VMG does not charge an administration fee for the collection of Gift Aid on behalf of the charities.
3. Use of donations
3.1 All charities displaying a project on the See The Difference Website have agreed to use your donation in the way described in the film and the text description next to the project, this is called “restricted income” and can only be used for that purpose.
However sometimes circumstances do change (for example it might not be possible to get aid to a war zone) and charities may occasionally ask for your permission to spend the donation in a different way. Each charity will contact you directly in that circumstance.
The cost of delivering the help identified in the film will include a share of the costs of running the charity. It is a requirement that the charity describes the method of allocating costs to different activities in its annual accounts. To find out more about your chosen charity’s policy, please refer to the charity. This information will normally be set out in the accounts of the charity.
Once the target for a particular project has been collected, we will stop accepting further donations for that project. In some cases, a charity may collect in excess of its target for a particular project. If that happens, the charity will be permitted to use the overpayment for other projects or causes at its discretion. Such cases of overpayment are expected to be exceptional and any overpayment very small.
3.2 See The Difference is not responsible for and does not control the activities of charities displayed on the See The Difference Website, and See The Difference will not have any responsibility or liability to you if you are dissatisfied with the way in which your donations are used or not used.
4.1 As a general policy neither See The Difference nor VMG processes refunds. However in the rare cases of a failure in the payment process, VMG will consider refunds and details of how to contact them will be available on the screen at the time and on VMG’s website; you can read VMG’s terms and conditions here.
4.2 However if your request for a refund is for another reason, your request will have to be considered by the charity you donated to. Their contact details can be found on the See the Diffference charity pages.
4.3 See The Difference will not itself carry out refunds of donations in any circumstances.
5.1 We think you should decide who you want to stay in touch with. So when you make a donation you will have the opportunity to opt out from staying in touch with the charity you donated to and with See The Difference. You can choose.
5.2 You’ll always get feedback on your project, sent to the email you left with us when you made a donation. If you need to change that email address you need to send us your new email address, so we can make sure your feedback gets to you.
5.4 When you register to set up a Profile Page you provide us with your name and email address. Once you register to set up a Profile Page on the See The Difference Website we will give you the opportunity to connect with your friends and other acquaintances and the charities that you support. You will be able to add a picture of yourself and photos and videos of your charity work. You can provide other information about yourself and about the charity work that you do or support. You can also provide personal information about yourself or provide your comments on various matters, including in your status updates and ‘tweets’. One of the primary reasons to set up a Profile Page is to share content with others. Examples include when you update your status, upload or take a photo, upload or record a video, make a comment, write something on your Profile Page, write a note, or send someone a message. If you do not want such personal information to be shared publicly, you should not upload this to your Profile Page. If you do not want us to store metadata associated with the content you share on your Profile Page (such as photos), please remove the metadata before uploading the content.
6. Content on the See The Difference Website, including on your Profile Page
6.1 All charities showcasing their projects on the See The Difference Website have agreed with See The Difference that the videos they produce for those projects will meet a set of stringent editorial, technical and legal standards specified by See the Difference.
6.2 See The Difference does not take responsibility for any charity, organisation or user generated information, material, audio or video content or other content or displayed on the See The Difference Website, including on your Profile Page. If See The Difference has knowledge of any unlawful or offensive activity, information, material or content on the See The Difference Website, including on your Profile Page, See The Difference shall remove or disable access to this information.
6.3 You own all of the content and information you post on the See The Difference Website. In order for See The Difference to use certain types of content, you agree to the following:
6.3.1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically grant See The Difference a non-exclusive, royalty-free, worldwide license (which we could transfer or sub-licence) to use any IP content that you post on or in connection with See The Difference ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).
6.3.2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
6.4 You agree that any content posted by you on the See The Difference Website, including on your Profile Page, will not:
6.4.1 break any law or encourage an illegal act
6.4.2 be defamatory, abusive or offensive
6.4.3 infringe the copyright, privacy, confidentiality or other right of any third party. If you use someone else’s material or image, you must get the appropriate permission
6.4.4 contain surveys, raffles, lotteries, contests, pyramid schemes, advertisements or chain letters
6.4.5 contain software viruses or any other computer code, files or programs designed to affect the use of any computer software or hardware or telecommunications equipment
We do not actively edit the See The Difference Website but we reserve the right to remove or edit any content posted. If you notice any content that breaks these conduct rules, please notify us.
6.5 Other than where permitted, you must not remove or change anything on the See The Difference Website, including on your Profile Page.
6.6 In addition, it is not permitted to:
6.6.1 impersonate someone else or pretend to be associated with something when you are not;
6.6.2 use the See The Difference Website to send junk emails or 'spam' to people who do not want to receive email from you; or
6.6.3 disrupt or alter or modify any part of the See The Difference Website.
6.7 You agree to use the See The Difference Website, including your Profile Page, only at your own risk and it is understood you are personally responsible for your use of the See The Difference Website, including your Profile Page, and for your communication and activity related to the See The Difference Website. Whilst we make reasonable efforts to ensure that the See The Difference Website is free from viruses or defects it is your responsibility to ensure that you have taken appropriate safeguards before you use the See The Difference Website, including ensuring you use the right equipment and that you have the right software to screen out anything which may cause any harm to your computer, equipment, software or data.
6.8 You agree to defend, indemnify and hold See The Difference harmless from and against any and all claims, losses, liabilities, costs and expenses (including but not limited to lawyers’ fees) arising from your violation of these Terms and Conditions, any laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right or invasion of any privacy right.
7. Sharing content and information from the See The Difference Website
7.1 We encourage users of the See The Difference Website to share material from the site with personal friends and contacts. However if you do so, you agree to be subject to and comply with the terms of clause 7.2 below.
7.2 All information and materials (including videos, audio clips, designs, text, graphics and their selection and arrangement) on the See The Difference Website (together "the Site Materials") are the copyright of See The Difference or charities or other content providers. All the Site Materials are made available to you as is, and may only be copied, reproduced or downloaded for information purposes and for your non-commercial, personal use solely as intended through the normal functionality of the See the Difference Website. Our, or the relevant copyright owner's, permission in writing is required for any other use or exploitation of any of the Site Materials. Further, you agree that:
7.2.1 no copyright, trademark and any other proprietary notices on the Site Materials will be altered or removed;
7.2.2 the Site Materials will not be used by you in any way, or in conjunction with any message or statement, which is derogatory, critical, objectionable or offensive with respect to (a) the Site Materials themselves, or (b) the sources or subject matter of such Site Materials; and
7.2.3 if you choose to use or share the Site Materials contrary to the terms of this clause 7.2, you will indemnify and hold See The Difference, the charities and licensors harmless against all costs and claims arising as a result of your use of the Site Materials or the use by others as a consequence of your use or sharing of any Site Materials.
8. Availability of and Changes to the See The Difference Website
8.1 We will try to ensure that the See The Difference Website is available continuously but do not guarantee uninterrupted access to or the operation or availability of the See The Difference Website and we reserve the right to change, suspend or discontinue all or any part of our online services at any time with or without notice.
8.2 There may be times when our online services are temporarily unavailable. This most regularly occurs because of planned maintenance. We will try to inform you in advance of any such suspension arising through a general notice on our site but this may not always be practicable.
9. Failure to comply with these Terms and Conditions
9.1 If you break these Terms and Conditions we reserve the right, at our sole discretion, with or without notice:
9.1.1 to delete any content and
9.1.2 to prohibit you from using all or part of the See The Difference Website.
10. Disclaimer and Limitations of Liability
10.1 You use the See The Difference Website at your own risk. In no event will See The Difference be liable (whether for breach of contract, negligence or any other reason) for any loss, or direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from or which you may claim that you have suffered through, your use of the See The Difference Website. This limitation of liability includes, but is not limited to, loss of profit, loss of revenue, loss of sales, loss of goodwill, loss of bargain or loss of opportunity and any indirect, consequential or special loss howsoever arising.
10.2 VMG operates the VMG Service provided through the Website. VMG’s responsibility to you will only extend to the extent of VMG’s responsibility set out in their Terms and Conditions. Please follow the link to VMG’s Terms and Conditions. In order to make a donation via the Website, you must also agree to accept VMG’s Terms and Conditions. See The Difference is not liable for any loss or damage which you may suffer through the use of the VMG Services. In particular but, without limitation, See The Difference is not liable for any donations or Gift Aid paid and or processed through VMG. This limitation of liability shall apply to the fullest extent permitted by law.
10.3 Nothing in these Terms and Conditions shall exclude or limit See The Difference’s liability for death or personal injury resulting from its negligence or fraud or any other liability which may not be excluded or limited by applicable law.
10.4 See The Difference makes no warranties or representations, express or implied, in connection with the See The Difference Website or about the accuracy or completeness of the See The Difference Website’s content.
10.5 Please be aware that the See The Difference Website may provide access to other websites by linking to them. See The Difference makes no warranties or representations, express or implied, in connection with any such other websites or about the accuracy or completeness of the content of any of the websites of charities or other organisations linked to the See The Difference Website. See The Difference is not responsible for the data policies (including data protection and cookies), content or security of these linked websites, nor do we necessarily endorse their content or practices. See The Difference will not be a party to or in any way responsible for any transaction concluded between you and any such charity or organisation and you should exercise your own judgment as appropriate, as with any such dealings.
11. Moderation Policy
Contributions and comments must be civil and tasteful. We welcome constructive and polite comments. We will remove all comments which are deemed to be offensive if they are; unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable.
Contributions that we believe are mean spirited or have been posted with the intention of causing trouble in our online community are also unwelcome. Please bear in mind that users of all ages and abilities may be taking part in the community when contributing and responding to others’ contributions.
We do not allow spamming (that is, continual repeated submission of the same or very similar contributions) so please do not re-submit your contribution several times to one discussion, or on several different discussions. Advertising and promotion are not allowed, and all advertisements will be removed as soon as we become aware of them.
Any inappropriate, vulgar or offensive user names will not be tolerated.
Deliberate misuse of the complaints facility is not permitted. If you persist in lodging unfair or inappropriate complaints against other users, then your own use of the See The Difference Website may be prevented in future.
If you want to report a comment or any other content on the site, email email@example.com
11.1 These Terms and Conditions are issued and concluded in English. Communications between See The Difference and you will be in English and will generally be conducted by letter, phone or email using the most recent details that you have provided to us. If you have any complaints or wish to contact us for any other reason our details can be found on our Contact Us page
11.2 These Terms and Conditions are only intended to be enforceable by you and See The Difference. A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions.
11.3 These Terms and Conditions apply separately to each single donation that you make. They do not form a contract allowing for future or successive transactions to be setup. By confirming on the See The Difference Website that you wish to make a donation you agree to be bound by these Terms and Conditions for that transaction.
11.4 We may amend these Terms and Conditions at any time. The current version will always be on the See The Difference Website – we can provide previous versions that applied to you upon request.
11.5 These Terms and Conditions and any non-contractual obligations arising in connection with them are governed by English Law and are subject to the exclusive jurisdiction of the English courts.