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Terms and Conditions

SmartGiving Terms and Conditions

This website and associated services are operated by SmartGiving. SmartGiving is the trading name of KKL Charity Accounts, a charity registered in England and Wales (Charity Registration Number 1105998) and a company registered in England and Wales (Company Registration Number 5118360). Registered office: JNF House, Spring Villa Park, Spring Villa Road, Edgware HA8 7ED.

These Terms and Conditions govern the use of this website by visitors and users (or ‘you’, ‘your’), the services that SmartGiving (or ‘we’, ‘our’, ‘us’) provides to users and to the charities users chooses to support, as well as responsibilities of users in return. Users include but are not limited to donors such as individual or company SmartGiving Account holders and recipient charities.

By using the SmartGiving website you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions please do not use this website.

Using SmartGiving charity donation and fundraising services

1.All funds deposited into a SmartGiving Account including any Gift Aid tax repayment constitute a charitable donation and shall be disbursed by SmartGiving according to your instructions to any charitable purpose as defined in paragraph 6 of these Terms and Conditions.

2.SmartGiving will recover Gift Aid on donations to your SmartGiving Account subject to HMRC Gift Aid scheme requirementshttp://www.hmrc.gov.uk/individuals/giving/gift-aid.htm and the terms and conditions of our Gift Aid Agreement.

3.SmartGiving does not guarantee to recover Gift Aid where incorrect or ineligible information is provided that may temporarily or permanently disrupt the Gift Aid process.

4.In order to comply with HMRC tax regulations, a SmartGiving Account must be in the name of one account holder only. However if you use a personalised charity voucherbook[link] to make donations from your Account the vouchers may bear joint names.

5.Payment into your SmartGiving Account may only be made by debit card, credit card or direct debit. A debit card or direct debit payment will not be charged a transaction fee. A payment made by credit card will be charged a transaction fee that reflects the charges incurred by us for this service.

6.Donations from your SmartGiving Account may only be made to UK charities that are on the register of the Charity Commission (England and Wales)[http://charitycommission.gov.uk/, the Office of the Scottish Charity Register (Scotland)http://www.oscr.org.uk/, the Charity Commission for Northern Ireland (Northern Ireland)http://www.charitycommissionni.org.uk/ or recognised by HMRC as a charity or Community Amateur Sports Club (CASC) for UK tax purposes http://www.hmrc.gov.uk/charities/gift_aid/index.htm. Donations may only be made to overseas charities if purely for charitable purposes and at the discretion of the directors of KKL Charity Accounts. Any additional fees incurred will be paid by the donor. Donations cannot be used to buy goods and services from charities.

7.SmartGiving reserves the right to remove any fundraising page and/or refuse to disburse a donation:

(a)to any charity that is not registered or recognised in accordance with paragraph 6 and/or

(b)to any charity not operating in accordance with the Memorandum and Articles of Association of KKL Charity Accounts (please contact us for a copy of the Memorandum & Articles) and/or

(c)where in the sole opinion of the directors of KKL Charity Accounts, the wishes or request of the donor are not possible, practical, ethical or viable or do not fulfil a charitable purpose.

8.SmartGiving may, in particular, in the following circumstances, distribute all or part of a SmartGiving Account to charitable purposes as instructed from time to time by the directors of KKL Charity Accounts without seeking or having regard to the account holder’s wish or request:

8.1.where no valid instructions concerning the SmartGiving Account are held by SmartGiving and

8.1.1.inactivity: assets have been held in the SmartGiving Account for a period of at least two years without distribution and have not been distributed from the SmartGiving Account for a period of at least 30 days following a notice served in accordance with paragraph 14 of this Agreement (provided that this is not solely due to any act or omission of SmartGiving); deduction of fees, costs, contributions or expenses shall not be considered a distribution from the SmartGiving Account for these purposes or

8.1.2.indecision: the SmartGiving Account holder has indicated that she/he does not wish to or cannot complete any of the required documentation or otherwise make a request or express a wish as to how the assets should be distributed or

8.1.3.incapacity: in SmartGiving’s reasonable opinion the SmartGiving Account holder’s capability or capacity to complete any documentation or otherwise make a request or express a wish as to how the assets should be distributed is in doubt

8.2.where, in SmartGiving’s reasonable opinion, the wish or purported request of the SmartGiving Account holder is no longer possible, practical, ethical or viable or does not fulfil a charitable purpose

8.3.where the SmartGiving Account holder has not complied with any material obligation under or in respect of these Terms and Conditions.

8.4.upon the death of the SmartGiving Account holder.

9.In case of death all funds in a SmartGiving Account have already been irrevocably donated to charity and do not form part of the deceased’s estate.

10.You will not be paid interest on funds in your SmartGiving Account; we normally disburse funds to specified charities within a week and any interest earned by SmartGiving is donated to charitable purposes.

11.SmartGiving reserves the right to retrieve any monies that are paid out in error to any beneficiary for any reason including the misallocation of Gift Aid.

12.SmartGiving shall make deductions from your SmartGiving Account to cover the costs (including VAT where applicable) of administering the account as set out in our Fee Schedule[link]. These fees together with any undistributed funds in accordance with the terms of paragraphs 7 and 8 of this Agreement will be distributed to causes deemed charitable by the Trustees.

13.If you make a donation from your SmartGiving Account and there are insufficient funds in your account, we will contact you to top-up your account. We will continue to try and make donations from the account for up to 60 days. Thereafter SmartGiving may cancel your instructions and/or discard unpaid vouchers.

14.Notices in connection with your SmartGiving Account are to be provided to SmartGiving’s office at JNF House, Spring Villa Park, Spring Villa Road, Edgware HA8 7ED email privacy policy. All information received from your use of SmartGiving services is processed in accordance with this policy.

15.SmartGiving will not share information about users with any third party, except where this has been authorised by the user or a person acting with their authority or where this is required in order to provide a product or service to the user or where SmartGiving is legally obliged to do so or in accordance with paragraph 21.

16.By accessing this website you consent to our use of cookies. Please refer to our cookie policy to understand how cookies are used in providing SmartGiving services.

17. All copyrighted material and registered trademarks on this website are the property of their respective owners. Please refer to our intellectual property statement.

Complaints

26.We endeavour to provide you with quality service at all times. If you have a complaint in relation to any aspect of your SmartGiving Account we will make every effort to resolve the complaint quickly and fairly in accordance with our complaints procedure. Please contact us for a copy of our complaints procedure.

Governing law

18.This Agreement and any non-contractual obligations arising out of or in connection with it is governed by English law. The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales for the determination of any dispute arising out of or in connection with the use of this website (including {without limitation} in relation to any non-contractual obligations) and each party irrevocably waives any objection to the jurisdiction of those courts on the grounds of inconvenience or otherwise.

19.If any part of this Agreement is found by any court or body or authority of competent jurisdiction to be illegal, unlawful, void or unenforceable, such term shall be deemed to be severed from this Agreement and this shall not affect the remainder of this Agreement which shall continue in full force.

Variations

20.SmartGiving may revise these Terms and Conditions by amending this page at any time without notice. Please check and refresh this page regularly. Continued use of the SmartGiving website is your acceptance of any changes.

These Terms and Conditions were last updated on 10 December 2013

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