Terms and conditions
Terms and Conditions for Participating Charities
By applying to have your profile listed in the database you are agreeing to the Terms and Conditions (Terms) that appear below.
- Ownership
Vivid Orange Limited own, maintain and operate the database. However, you, the charity, have ownership of and responsibility for your data and this is covered in these Terms and Conditions.
- Copyright
The content of this site is protected by UK and international copyright law. Unauthorised use of this material will violate these laws.
- Use of Content
Vivid Orange Limited undertakes to use the content of the database to promote the giving of time and/or money to participating charities. The content will be distributed to participating companies who use their own version of the Smartchange Solution to promote and encourage the giving of time and/or money to their employees. Redistribution of any content from this database (except for the promotion of the site) is not permitted without the prior permission of Vivid Orange Limited. It is also not permitted to create a database copied in whole or part from the Profile Manager by downloading or storing all or any of the content.
- Data Accuracy
Each charity is individually responsible for the content in its profile listed on the database. Charities should review their profile at least every thirty days to ensure that the information remains accurate.
- Checking and Screening
Before approving your profile to be shown to site visitors (including companies that use the Smartchange charity database), Vivid Orange Limited may screen your profile for accuracy and completeness. Vivid Orange Limited may also check the charitable status of your organisation with the appropriate charity regulator. Vivid Orange may also check the details of your organisation, including any contact details, against Financial Sanctions Lists provided by the EU, UK, Bank of England and US Department of Treasury; Office of Foreign Asset Control, Special Designated Nationals List; US Department of Justice, Terrorist Exclusion List; List Annexed to Executive Order13224.
If you do not wish your organisation to be subjected to screening of this type, please do not submit your profile for inclusion in the Smartchange database.
- Conduct
Vivid Orange Limited will conduct its affairs in a manner that will not bring participating charities into disrepute. Charities must use the same discretion concerning Vivid Orange Limited and its reputation.
- Use of Information Provided
Vivid Orange Limited's broad principles are as follows: a. Charity profiles will be available to all site visitors.
b. Names of Participating Charities may appear in promotional material.
c. Names and contact details of Participating Charities may be passed to authorised organisations solely for the purpose of managing donations. These organisations include the Inland Revenue and Payroll Giving Agencies regulated by the Inland Revenue.
d. Names of individuals will not be distributed to third parties without permission.
The information provided about your organisation will be used by Vivid Orange Limited in accordance with its Privacy Policy (to view this now click here).
- Donation Services
By joining Smartchange you are also authorising Vivid Orange Limited to collect and process donations on your behalf. These donations may be payroll-giving donations made by employees through a participating company website; or credit and debit card donations made through a participating company website or our sister site, www.smartgive.com .
- Administration Fees
At this time, Vivid Orange Limited does not charge a fee to participating charities for joining Smartchange or for processing payroll-giving donations. However, the payroll-giving agency used by participating companies may charge a fee. Vivid Orange Limited use the Embassy of Man (registered charity number: 1095202) to process credit and debit card donations and Gift Aid reclaim made via the www.smartgive.com website. The fee for credit and debit charges can be seen at: http://www.smartgive.com/terms_conditions.php
- Reports
Donation and donor details shown in the online reports ONLY reflect gifts made by donors using their credit / debit card on SMARTCHANGE WEBSITES or by donors making payroll giving donations via the EMBASSY OF MAN payroll giving agency.
Donors may have made gifts to you via other websites, other fundraising organisations, or other payroll giving agencies. It is the responsibility of the other websites, fundraising organisations or agencies to pass these funds to you.
Donors may also have raised funds directly, not though a Smartchange website; the Embassy of Man payroll giving agency; other fundraising organisation or any other agency. The donor is responsible for transferring these gifts to your organisation.
In no circumstances is Vivid Orange Limited (the providers of the Smartchange websites and service), or the Embassy of Man payroll giving agency, responsible for the reporting or transfer of funds collected by other parties to your organisation.
- E-Mail
By joining Smartchange you are also subscribing to its e-mail news service. This service is intended to keep you informed of new initiatives and changes to the service.
- Limitation of Liability and Disclaimer
Vivid Orange Limited will use reasonable skill and care to ensure that the site is available on a continuous basis. However, Vivid Orange Limited does not give any warranties in respect of the site or the services available via this site. In particular the site is provided on an as is basis, as available basis and Vivid Orange Limited does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the site or its content. All implied warranties are excluded from these terms to the extent that they may be excluded as a matter of law. Vivid Orange Limited will not be liable for any damages arising in contract, tort or otherwise from your use or inability to use the site or its content.
- Advertising and Sponsorship.
Advertising and sponsorship may be added to the site. We will try to comply with Charities' ethical standards when accepting advertising and sponsorship.
- Jurisdiction
These Terms are governed by and construed in accordance with the laws of England.
- Term and Termination
These Terms are effective until terminated by either party. Notification of termination must be given in writing at least one month prior to termination. Should either party violate these Terms the other party may terminate this agreement with immediate effect. On termination of this agreement the charity's profile will be removed from the database.
- Changes to These Terms
Vivid Orange Limited reserves the right to change these Terms at any point; notification of such changes will be posted on the web site and pointed out in the e-newsletter.
- Questions
If you have any questions or wish clarification about these Terms and Conditions please email TandC@smartchange.org
For further information or if you have any questions, please contact us
