Terms and Conditions

Karadoo Finance Limited/InvestMyCommunity “Donator” Terms and Conditions

Karadoo Finance Limited, BPS House, 5 Fairfield Road, Bath, BA1 6EP

INVESTMYCOMMUNITY.COM is a trading name of Karadoo Finance Limited (company number 10702553), registered in England, and has its registered office at 19-21 Chapel Street, Marlow, Buckinghamshire, England, SL7 3HN. Karadoo Finance Limited is authorised and regulated by the Financial Conduct Authority (FRN 777371). We are registered with the office of the information commissioner (no. ZA290916) for data protection purposes.

Where the term “Organisation” is used in these Terms and Conditions, that term will equally apply to any connected entity registering a campaign on behalf of an Organisation. In the case of a school for example, a Parent-Teacher Association or Friends Association, or similar.

INTRODUCTION

These Terms and Conditions may change or be updated from time to time. It remains your responsibility to access and check these Terms and Conditions wherever you access the website. The latest version of these Terms and Conditions will govern any future usage by you of the website and its associated services. The date on which these Terms and Conditions were last updated is stated at the end of this document.

InvestMyCommunity.com is a website which facilitates the Donation transaction between a crowdfunding page organiser and Donators, or between any user and an Organisation.

DONATOR TERMS

These Donator Terms set out the donator’s and Karadoo Finance Limited’s obligations with respect to the donator’s use of InvestMyCommunity.com.

In addition to these donator terms, the donator agrees to other terms when using InvestMyCommunity.com.

REGISTERING WITH INVESTMYCOMMUNITY.COM

The donator must:

  1. be an individual over 13 years old, or a corporate body.

  2. have a UK bank or building society account in the donator’s sole or joint name.

  3. be approved by InvestMyCommunity.com

  4. The donator must not register with Karadoo Finance Limited more than once.

  5. Karadoo Finance Limited may restrict the donator’s access to InvestMyCommunity.com, if the donator ceases to be eligible.

ACCESS TO AND USE OF INVESTMYCOMMUNITY.COM

The username (which is the donator’s email address) and the password chosen by the donator provide access to the donator’s area of InvestMyCommunity.com.

THE ORGANISATION CROWDFUNDING PAGE

The information contained in the Organisation’s crowdfunding page is provided by the Organisation and Karadoo Finance Limited does not check the accuracy or completeness of this information. The Organisation may answer questions or provide more information in the Q&A forum on InvestMyCommunity.com

The Organisation may make statements in the Organisation crowdfunding page (including in a video clip) conveying the Organisation’s ambitions. Karadoo Finance Limited does not endorse these statements and does not have a view on how likely they are to be realised (if at all).

Karadoo Finance Limited may provide crew and equipment to assist the Organisation with filming a video clip, but Karadoo Finance Limited does not endorse any video clip.

Karadoo Finance Limited does not check that the information in the Organisation crowdfunding page or the forum has not changed.

FEES

Karadoo Finance Limited does not charge the donator for making a donation.

Karadoo Finance Limited may charge fees to the Organisation. Fees charged may include, but are not limited to, a service charge and/or a payment processing fee.

Karadoo may provide an option for the donator to pay any or all of the fees on behalf of the Organisation.

The donator has complete discretion to choose whether to cover these fees.

Should the donator choose to cover these fees, then they cannot be refunded to the donator in any circumstances.

All fees and charges are quoted exclusive of VAT, which will be added at the appropriate rate (where applicable).

RESTRICTION OF ACCESS TO INVESTMYCOMMUNITY.COM

Karadoo Finance Limited may restrict the donator’s access to InvestMyCommunity.com if:

  1. the donator requests it, for example because there is a security concern.

  2. Karadoo Finance Limited considers that the donator is in serious breach of these donator terms, the website terms or the forum rules.

  3. the donator uses InvestMyCommunity.com (1) in a way that causes, or is likely to cause, InvestMyCommunity.com or access to it to be interrupted or damaged in any way, (2) to compete with, damage the reputation of or otherwise impede the success of Karadoo Finance Limited, InvestMyCommunity.com or any other user of InvestMyCommunity.com, (3) in connection with a criminal offence, or (4) to send or use any material that is illegal, offensive, abusive, defamatory or menacing, or which contains political campaigning, commercial solicitation, chain letters, or mass mailings.

THE DONATOR’S LIABILITY TO KARADOO.

The donator is liable to Karadoo Finance Limited for any loss or damage suffered by Karadoo Finance Limited or any user of InvestMyCommunity.com as a result of the donator (or a person using the donator’s username and password with the donator’s knowledge or permission or through the donator’s negligence):

  1. using InvestMyCommunity.com in a way that is fraudulent.

  2. breaching these donator terms.

  3. otherwise using InvestMyCommunity.com in a way that causes loss or damage to Karadoo Finance Limited or any other user of InvestMyCommunity.com.

KARADOO FINANCE LIMITED’S LIABILITY TO THE DONATOR

Karadoo Finance Limited is liable to the donator for any loss, damage or cost suffered by the donator arising out of using InvestMyCommunity.com, where the loss or damage is a direct result of Karadoo Finance Limited’s negligence or fraud or any breach by Karadoo Finance Limited of these donator terms or any other terms relating to InvestMyCommunity.com.

Karadoo Finance Limited is not liable to the donator for any loss, damage or cost arising out of or in connection with any misrepresentation, wilful misconduct or other act of, or any error or inaccuracy in the data entered by, any other user of InvestMyCommunity.com.

Karadoo Finance Limited is not liable for any loss, damage, cost or unauthorised activity on InvestMyCommunity.com arising out of the donator failing to keep the donator’s password secret, failing to log out of the donator’s account or otherwise negligently failing to keep the donator’s access secure.

Nothing in these donator terms excludes or limits Karadoo Finance Limited’s liability for death or personal injury caused by its negligence or for fraud.

ASSIGNMENT

Karadoo Finance Limited may transfer, or delegate any of its duties under, these donator terms to any person. Karadoo Finance Limited may provide information about the donator and the donator’s activities on InvestMyCommunity.com to that person.

AMENDMENTS

Karadoo Finance Limited may amend these donator terms from time to time and need not give the donator advance notice of the amendments.

If Karadoo Finance Limited amends these donator terms, the next time the donator logs in to InvestMyCommunity.com the donator will be notified of the changes and the date from which the amendments were effective.

If the donator does not approve the amendments the donator should immediately notify Karadoo Finance Limited using the ‘contact’ form, by phone: 01225 312388, or by post to InvestMyCommunity.com Customer Services, BPS House, 5 Fairfield Road, Bath, BA1 6EP. Karadoo Finance Limited will treat the donator’s notification as a request to restrict the donator’s registration with InvestMyCommunity.com.

NOTICES

All notices given under these donator terms or any other terms relating to InvestMyCommunity.com must be in writing and in English.

Karadoo Finance Limited may deliver a notice to the donator by placing a message on the donator’s area of InvestMyCommunity.com or by email or post to the contact details last known to InvestMyCommunity.com.

A notice from Karadoo Finance Limited will be effective at the time of placing a message on InvestMyCommunity.com or sending an email, or on the second business day after posting. A business day is a weekday other than a national holiday.

A notice from the donator to Karadoo Finance Limited must be sent via the ‘contact’ form, or by post to InvestMyCommunity.com Customer Services, BPS House, 5 Fairfield Road, Bath, BA1 6EP. Notices to Karadoo Finance Limited will be effective on receipt.

COMPLAINTS

Complaints must be made in writing to InvestMyCommunity.com Customer Services, BPS House, 5 Fairfield Road, Bath, BA1 6EP. Notices to Karadoo Finance Limited will be effective on receipt.

NO WAIVER

If Karadoo Finance Limited does not enforce any of its rights under these donator terms or any other terms relating to InvestMyCommunity.com, it does not mean that Karadoo Finance Limited will be unable to enforce that right in future.

THIRD PARTY RIGHTS

A person who is not a party to these donator terms may not enforce any of these terms.

LAW AND JURISDICTION

These donator terms and any non-contractual obligations arising out of or in connection with InvestMyCommunity.com are governed by English law and the English courts have exclusive jurisdiction.

For the benefit of Karadoo Finance Limited the donator irrevocably submits to the jurisdiction of the English courts and irrevocably agrees that a ruling in those courts will be conclusive and binding on the donator and may be enforced against the donator in the courts of any other jurisdiction.

DONATIONS

Your donation is a gift to the recipient.

Subject to the requirements of applicable local laws, and what we say below in relation to InvestMyCommunity.com, once your donation is made, it will only be refunded to you with the prior written consent of the Organisation to whom it has been made, regardless of whether or not the donation had been paid to the Organisation by InvestMyCommunity.com. You should therefore get in touch with the Organisation first.

Before a donation is refunded, the relevant Organisation must agree that Karadoo Finance Limited may, subject to local applicable laws, deduct the amount to be refunded from subsequent payments to be made by Karadoo Finance Limited to the Organisation. Where no further payments are due to be made to such Organisation within one (1) week of the refund being made to you, Karadoo Finance Limited reserves the right to invoice the Organisation for the amount of the refund and the Organisation must agree to settle that invoice within one (1) week of the date of the invoice.

In relation to InvestMyCommunity.com, Karadoo Finance Limited will charge your donation to your payment card account (or other payment method available on the website) at the time of donating. For donations made to InvestMyCommunity.com no refunds will be provided, subject to applicable local laws. If you do not agree to this, you should not use the website to make donations via InvestMyCommunity.com.

USE OF YOUR DONATION

Karadoo Finance Limited does not warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding the recipient Organisation’s use of any donation you may make through the website or its associated services or websites powered by us or for any misuse or non-use of such donations by the recipient Organisation.

After donations are made, all further dealings are solely between the donator and such recipient. Please note that you may receive updates from InvestMyCommunity, the Organisation or the principal applicant to let you know more about their cause.

Please note that recipient Organisations reserves the right to use your donation for their general purposes. They will use your donation for any purpose in accordance with their own rules. Karadoo Finance Limited cannot guarantee that funds will be earmarked for a particular appeal. If you want your donation to be used for a specific purpose or for a particular appeal you should contact the organisation and make your donation directly to them.

Karadoo Finance Limited (or any payments platform we work with) will verify the identity of an Organisation’s principal applicant and undertake any other necessary checks before any funds raised are transferred to the organisation.

Karadoo Finance Limited shall have no liability to donators whatsoever for any use or misuse of donations made to the Organisation. The InvestMyCommunity.com campaign page may state that they will use donations only for specific purposes, but Karadoo Finance Limited cannot guarantee that they will use it for such purpose. If you have any doubts as to how the money will be spent, then you should contact the Organisation or the principal applicant directly to seek reassurance. It is your sole responsibility, as a user of the website, to ensure that the cause stated to be supported on a relevant InvestMyCommunity.com campaign page is one that you wish to support.

UNAUTHORISED DONATIONS

When you make a donation, the transaction is final and not disputable unless unauthorised use of your payment card or other payment method is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules. Similarly, if you experience any issues of this nature when using another payment method, you should contact the provider of that payment method for assistance.

Karadoo Finance Limited will never email or phone you and ask you to provide all of your payment details.

GIFT AID INFORMATION

When you donate to an Organisation or charity on the InvestMyCommunity.com website and confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme as they apply from time to time, Karadoo Finance Limited reclaims Gift Aid on behalf of the charity under the Gift Aid scheme.

Karadoo Finance Limited is not an accounting, taxation or financial advisor, and you should not rely on information given on the website to determine the accounting, tax or financial consequences of making a donation to charity. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.

Every charity that is a member of InvestMyCommunity.com has a contractual agreement with Karadoo Finance Limited authorising it to reclaim Gift Aid on its behalf. Charities must be registered with the Charity Commission or exempt from registration for Karadoo Finance Limited to reclaim Gift Aid on their behalf.

 

Last updated 1 April 2020

Karadoo Finance Limited/InvestMyCommunity “Organisation” Terms and Conditions

Karadoo Finance Limited, BPS House, 5 Fairfield Road, Bath, BA1 6EP

INVESTMYCOMMUNITY.COM is a trading name of Karadoo Finance Limited (company number 10702553), registered in England, and has its registered office at 19-21 Chapel Street, Marlow, Buckinghamshire, England, SL7 3HN. Karadoo Finance Limited is authorised and regulated by the Financial Conduct Authority (FRN 777371). We are registered with the office of the information commissioner (no. ZA290916) for data protection purposes.

INTRODUCTION

These Terms and Conditions may change or be updated from time to time. It remains your responsibility to access and check these Terms and Conditions wherever you access the website. The latest version of these Terms and Conditions will govern any future usage by you of the website and its associated services. The date on which these Terms of Service were last updated is stated at the end of this document.

INVESTMYCOMMUNITY.COM is a website which facilitates the Donation transaction between a crowdfunding page organiser and Donators, or between any user and organisation.

REGISTERING WITH INVESTMYCOMMUNITY.COM

The organisation must not register with Karadoo Finance Limited more than once.

ACCESS TO AND USE OF INVESTMYCOMMUNITY.COM

The organisation’s username and password provide access to the organisation’s area of INVESTMYCOMMUNITY.COM

ORGANISATION DETAILS

The names and addresses of the authorised applicant, the organisation, will be provided in order that Karadoo Finance Limited is able to carry out its AML (Anti Money Laundering). These details will be required for the principal applicant for an INVESTMYCOMMUNITY.COM crowdfunding page.

Karadoo Finance Limited reserves the right to reject the application from any organisation where this information is not provided.

Karadoo Finance Limited has complete discretion to accept the fundraising application or not following AML of the principal applicant.

Karadoo Finance Limited’s decision to accept or reject an application is final and there is no obligation on Karadoo Finance Limited to share its reasons for its decision with the organisation.

THE ORGANISATION CROWDFUNDING PAGE

The organisation crowdfunding page contains information submitted by the organisation, including a video clip, where the organisation has opted to submit such a clip. The organisation name and fundraising request are viewable by potential Donators on INVESTMYCOMMUNITY.COM but details of the organisation profile are only viewable by registered donators on INVESTMYCOMMUNITY.COM when the listing starts.

By starting the listing, the organisation confirms to Karadoo Finance Limited and the donators that the information contained in the organisation’s crowdfunding page is complete, accurate and up to date.

FEES

There is no charge to submit a campaign application and if your request is eligible and approved then there is no upfront charge for listing on INVESTMYCOMMUNITY.COM

The organisation will pay a fee to Karadoo Finance Limited for marketing the campaign if the campaign completes. Please note that for on-going campaigns for regular donations then a fee is payable each time funds are transferred to the organisation.

If the organisation opts for Karadoo’s Basic Service then the marketing fee is 3.0% of the aggregate gross funds transferred, including Gift Aid collected.

If the organisation opts for Karadoo’s Premium Service then the marketing fee is 5.0% of the aggregate gross funds transferred, including Gift Aid collected.

If the organisation opts for Karadoo’s Premium Plus Service then the marketing fee is 10.0% of the aggregate gross funds transferred, including Gift Aid collected.

Under all service options there is an additional payment processing fee of 1.5% of the money donation only.

All fees and charges exclude VAT. The marketing fee to registered charities should be zero rated for VAT, but organisations are advised to seek professional advice as each circumstance varies.

Where a campaign includes the acceptance of Gift Aid, the marketing fee will be chargeable on the Gift Aid element whether Karadoo, or the client organisation or its representatives, submits the claim to HMRC.

The total marketing fee and platform fee on the gross donation (including Gift Aid) will be deducted from the transfer of the money donations such that consequently where Karadoo collects Gift Aid on behalf of the organisation, then the transfer of that Gift Aid will not be subject to further fee deductions.

THE ORGANISATION’S LIABILITY TO KARADOO FINANCE LIMITED.

The organisation is liable to Karadoo Finance Limited for any loss or damage suffered by Karadoo Finance Limited or any user of INVESTMYCOMMUNITY.COM as a result of the organisation (or a person using the organisation’s username and password with the organisation’s knowledge or permission or through the organisation’s negligence):

  1. using INVESTMYCOMMUNITY.COM in a way that is fraudulent.

  2. breaching these organisation’s Terms.

  3. otherwise using INVESTMYCOMMUNITY.COM in a way that causes loss or damage to Karadoo Finance Limited or any other user of INVESTMYCOMMUNITY.COM

KARADOO FINANCE LIMITED’S LIABILITY TO THE ORGANISATION

Karadoo Finance Limited is not liable to the organisation for any loss, damage or cost arising out of or in connection with the organisation’s registration with Karadoo Finance Limited or use of INVESTMYCOMMUNITY.COM, except where the loss, damage or cost is a result of Karadoo Finance Limited’s breach of these organisation terms, negligence or fraud.

Karadoo Finance Limited’s liability to the organisation will not exceed 10,000 pounds in respect of all claims.

Nothing in these organisation’s terms excludes or limits Karadoo Finance Limited’s liability for death or personal injury caused by its negligence or for fraud.

ASSIGNMENT

Karadoo Finance Limited may transfer or delegate any of its rights or obligations under these organisation’s terms to any person. Karadoo Finance Limited may provide information about the organisation and the organisation activities on INVESTMYCOMMUNITY.COM to that person.

The organisation may not transfer any of its rights or obligations under these organisation’s terms.

AMENDMENTS

Karadoo Finance Limited may amend these organisation’s terms from time to time and need not give the organisation notice of the amendments.

If Karadoo Finance Limited amends these organisation’s terms, the next time the organisation logs in to INVESTMYCOMMUNITY.COM the organisation will be notified of the changes and the date from which the amendments were effective.

NOTICES

All notices given under these organisation’s terms or any other terms relating to INVESTMYCOMMUNITY.COM must be in writing and in English.

Karadoo Finance Limited may deliver a notice to the organisation by placing a message on the organisation’s area of INVESTMYCOMMUNITY.COM or by email or post to the contact details last known to Karadoo Finance Limited.

A notice from Karadoo Finance Limited will be effective at the time of placing a message on INVESTMYCOMMUNITY.COM or sending an email, or on the second business day after posting. A business day is a weekday other than a national holiday.

A notice from the organisation to Karadoo Finance Limited can be sent by email to admin@investmycommunity.com, or by post to Karadoo Finance Limited Customer Service, BPS House, 5 Fairfield Road, Bath, BA1 6EP. Notices to Karadoo Finance Limited will be effective on receipt.

NO WAIVER

If Karadoo Finance Limited does not enforce any of its rights under these organisation’s terms or any other terms relating to INVESTMYCOMMUNITY.COM, it does not mean that Karadoo Finance Limited will be unable to enforce that right in future.

THIRD PARTY RIGHTS

A person who is not a party to these organisation’s terms may not enforce any of these terms.

LAW AND JURISDICTION

These organisation’s terms and any non-contractual obligations arising out of or in connection with it are governed by English Law and the English courts have exclusive jurisdiction.

For the benefit of Karadoo Finance Limited, the organisation irrevocably submits to the jurisdiction of the English courts and irrevocably agrees that a ruling in those courts will be conclusive and binding on the organisation and may be enforced against the organisation in the courts of any other jurisdiction.

PERSONAL INFORMATION

Karadoo Finance Limited will:

  1. Capture personal information including but not limited to the donator’s name, title, address and email address (“Personal Information”) at all times in accordance with the Data Protection Act 1998 and related legislation, regulatory requirements and guidance as updated and amended from time to time, all to the extent applicable (“Privacy Laws”) and protect and secure such information. For the avoidance of doubt this paragraph does not imply that Karadoo Finance Limited will share such information with you and/or the INVESTMYCOMMUNITY.COM crowdfunding page.

  2. Not sell, trade or rent Personal Information to third parties.

INTERMEDIARIES

Karadoo Finance Limited, as operator of the website and associated services, acts as an intermediary between you and the individual users of the website and associated services and, whilst your and/or the INVESTMYCOMMUNITY.COM crowdfunding page and the individual user information resides on the website or associated services, Karadoo Finance Limited does not check or exercise any editorial control over the content of such information, save as required by applicable laws.

In the event that Karadoo Finance Limited is made aware of or has knowledge of any unlawful activity or information on the website or associated services, Karadoo Finance Limited shall act to remove or disable access to the information.

Karadoo Finance Limited shall not be liable to you or the INVESTMYCOMMUNITY.COM crowdfunding page as a result of its role as intermediary.

  1. INVESTMYCOMMUNITY.COM CROWDFUNDING PRINCIPAL APPLICANT’S OBLIGATIONS

    ADDITIONAL TERMS FOR INVESTMYCOMMUNITY.COM PRINCIPAL APPLICANTS The principal applicant is the individual who completes the registration on behalf of the organisation and creates an INVESTMYCOMMUNITY.COM crowdfunding page on the website. The following additional terms will apply to the principal applicant’s dealings with Karadoo Finance Limited in relation to the relevant INVESTMYCOMMUNITY.COM crowdfunding page and your use of the website and associated services. To the extent there is any conflict between these additional terms and the core Terms and Conditions, these additional terms will prevail.

    You agree that: –

    1. Where applicable, you shall ensure that any person or organisation for which you have created an INVESTMYCOMMUNITY.COM crowdfunding page agrees to you raising funding on its behalf for the purposes set out on your INVESTMYCOMMUNITY.COM crowdfunding page.

    2. If your use of the website and/or associated services results in access to any Personal Information you shall: (i) at all times assist with the responsibilities of Karadoo Finance Limited, as a data controller responsible for determining how the Personal Information is processed under the provisions of the Privacy Laws; (ii) not do, or cause or permit to be done, anything which may result in a breach by Karadoo Finance Limited of the Privacy Laws and comply with all reasonable instructions from Karadoo Finance Limited relating to the processing by you and/or the INVESTMYCOMMUNITY.COM crowdfunding page of such Personal Information; (iii) comply with the Privacy Laws in respect of your and/or the INVESTMYCOMMUNITY.COM crowdfunding page’s collection, use, disclosure or processing of the Personal Information; (iv) 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; (v) not sell, trade or rent Personal Information to third parties; (vi) hold the Personal Information securely and not disclose it to anyone other than Karadoo Finance Limited, as agreed to by the data subject and/or as permitted by Privacy Laws; (vii) implement adequate security, technical and organisational measures against all unauthorised, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with Privacy Laws, and abide by Karadoo Finance Limited’s reasonable requirements to ensure the security of the Personal Information as notified to you from time to time; (viii) use Personal Information appropriately and only for the specific purposes as notified to you from time to time, including by way of the applicable privacy policy available on INVESTMYCOMMUNITY.COM’s website; (ix) only communicate with donators where they have agreed to receive further communications from you and/or the INVESTMYCOMMUNITY.COM crowdfunding page, and only to the extent that they have indicated their preference to do so (for example in relation to communications for a specific fundraising event only); (x) not retain any Personal Information for longer than is necessary; and (xi) to the extent legally permissible, you shall indemnify and hold harmless Karadoo Finance Limited, its successors and assigns, from and against all losses, costs and other damage caused by your and/or the INVESTMYCOMMUNITY.COM crowdfunding page’s breach of this paragraph; and

    3. you shall maintain any necessary authority, permit, licence, consent, approval and registration for you to fundraise (and, where applicable, for Karadoo Finance Limited to fundraise on your behalf) in accordance with applicable laws and if Karadoo Finance Limited needs any such authority, permit, licence, consent, approval or registration for it to fundraise on behalf of the INVESTMYCOMMUNITY.COM crowdfunding page then you will, at no cost to Karadoo Finance Limited, provide all such assistance as Karadoo Finance Limited reasonably requires to assist Karadoo Finance Limited with the same. You agree that you shall inform Karadoo Finance Limited immediately if, for any reason, you and/or the INVESTMYCOMMUNITY.COM crowdfunding page cease(s) to maintain the necessary authority, permit, licence, consent, approval and/or registration to operate the fundraising activities in relation to the INVESTMYCOMMUNITY.COM crowdfunding page in accordance with applicable local laws.

    4. By building an INVESTMYCOMMUNITY.COM crowdfunding page you represent, warrant and undertake to Karadoo Finance Limited and the users of the website that:

      1. Each time you use the website or associated services, and in particular when you create an INVESTMYCOMMUNITY.COM crowdfunding page, you will comply with Karadoo Finance Limited’s guidelines that apply to INVESTMYCOMMUNITY.COM crowdfunding pages at that time.

      2. That the organisation has agreed, and is responsible for establishing, communicating and the governance of the distribution policy for funds raised and the eligibility criteria for the ultimate recipient (if applicable);

      3. All donations provided to the INVESTMYCOMMUNITY.com crowdfunding page will be used for the purposes set out on your INVESTMYCOMMUNITY.com crowdfunding page;

      4. You will provide feedback via your INVESTMYCOMMUNITY.com crowdfunding page on the website, including at the end of the fundraising period to explain what outcome has been or will be achieved as a result (including how any funds raised in excess of your target will be used); and

      5. The information you provide to us is true and accurate in all respects and is not misleading;

      6. You have not omitted to tell us any information which could reasonably be considered relevant;

      7. No fraudulent, criminal or otherwise improper uses will be made of donations made via your INVESTMYCOMMUNITY.com crowdfunding page. Karadoo Finance Limited reserves the right to withdraw a campaign if improper use is suspected and retain donations pending an investigation. Karadoo Finance Limited reserves the right to cancel a campaign and return donations to donators at its discretion and without further explanation.

LICENCE OF TRADEMARK AND COPYRIGHTED MATERIAL

You hereby grant to Karadoo Finance Limited, its affiliates and its partners a non-exclusive licence to use any of your INVESTMYCOMMUNITY.COM crowdfunding page’s trademarks and any copyrighted material on your page (including images and videos or any link to the same) solely in connection with the website and associated services and its operation and promotion and for no other purpose whatsoever.

The licence shall terminate automatically on expiry or termination of these Terms of Service or the removal of your INVESTMYCOMMUNITY.COM crowdfunding page from the website in accordance with these Terms and Conditions.

DISCLAIMER AND LIMITATION OF LIABILITY

Notwithstanding the provisions of the Disclaimer and Limitation of Liability section of the core Terms and Conditions, Karadoo Finance Limited’s total liability to you arising under or in connection with these Terms and Conditions, so far as such liability arises out of or relates to your creation and/or use of an INVESTMYCOMMUNITY.COM crowdfunding page, shall be limited to the total fees paid by you to Karadoo Finance Limited under these Terms and Conditions for your use of the website and associated services during the preceding 12 month period ending on the date the circumstances giving rise to the liability arose.

CONFIDENTIAL INFORMATION

During the funding period of your INVESTMYCOMMUNITY.COM crowdfunding page 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 the website and associated 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 law, including, without limitation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, or regulatory or governmental body. This paragraph shall survive termination of these Terms and Conditions.

TERMINATION

Karadoo Finance Limited reserves the right, at its sole discretion, to immediately and without notice suspend or permanently deny your access to all or part of the website and associated services, including for example by removing any INVESTMYCOMMUNITY.COM crowdfunding page from the website. Karadoo Finance Limited will only exercise this right where there is a breach or suspected breach by you of these Terms and Conditions (including where there is any actual or suspected fraudulent, criminal or improper use of the website or associated services) or where Karadoo Finance Limited has any other legitimate reason to do so.

These Terms and Conditions shall terminate automatically upon the removal by you or Karadoo Finance Limited of your INVESTMYCOMMUNITY.COM crowdfunding page from the website. These Terms and Conditions will continue to apply to past use by you.

Upon termination or suspension or denial of access to the website and associated services, funds already received on your behalf by Karadoo Finance Limited will be handled in accordance with the provisions above, provided that any potential payment (where applicable) may be delayed where Karadoo Finance Limited conducts an investigation regarding your use of the website and associated services and Karadoo Finance Limited may decide to refuse to pay funds across to you where you have breached these Terms and Conditions or your INVESTMYCOMMUNITY.COM crowdfunding page has been removed. In such circumstances Karadoo Finance Limited may authorise a refund of donations to donators.

Last Updated: 1st June 2020

Karadoo Finance Limited/InvestMyCommunity “Fundraiser” Terms and Conditions

Karadoo Finance Limited, BPS House, 5 Fairfield Road, Bath, BA1 6EP

INVESTMYCOMMUNITY.COM (INVESTMYCOMMUNITY) is a trading name of Karadoo Finance Limited (company number 10702553), registered in England, and has its registered office at 19-21 Chapel Street, Marlow, Buckinghamshire, England, SL7 3HN. Karadoo Finance Limited is authorised and regulated by the Financial Conduct Authority (FRN 777371). We are registered with the office of the information commissioner (no. ZA290916) for data protection purposes.

Where the term “Organisation” is used in these Terms and Conditions, that term will equally apply to any entity registering a campaign on behalf of a organisation, for example a Parent-Teacher Association, Friends Association, or similar.

Where the term “Fundraiser” is used in these Terms and Conditions, that term will apply to any individual creating a sub-campaign on behalf of a organisation, for example to seek sponsorship to contribute to a organisation’s lead campaign.

The Fundraiser Terms always apply when you’re using the INVESTMYCOMMUNITY website. You’ll need to agree to them when you create a Fundraiser account and when you create a fundraising page. In addition, you’ll need to agree to the Donation Terms before you make a donation or set up a regular donation.

INTRODUCTION

These Terms and Conditions may change or be updated from time to time. It remains your responsibility to access and check these Terms and Conditions wherever you access the website. The latest version of these Terms and Conditions will govern any future usage by you of the website and its associated services. The date on which these Terms of Service were last updated is stated at the end of this document.

InvestMyCommunity.com is a website which facilitates the Donation transaction between a crowdfunding page organiser and Donators, or between any user and a organisation.

REGISTERING WITH INVESTMYCOMMUNITY.COM

The fundraiser can only register a sub-campaign if the organisation has registered a lead campaign. If your preferred organisation has not registered a campaign then you may provide sufficient information that InvestMyCommunity can contact the organisation in order to notify it that you would like to fundraise for that organisation. If the organisation subsequently chooses to register a campaign, InvestMyCommunity will notify you.

ACCESS TO AND USE OF INVESTMYCOMMUNITY.COM

The fundraiser’s username and password provide access to the fundraiser’s area of InvestMyCommunity.com.

FUNDRAISER DETAILS

The names and address of the fundraiser will be provided for Karadoo Finance Limited for its records.

Karadoo Finance Limited has complete discretion to accept or reject the fundraising application. The decision to accept or reject an application is final and there is no obligation on Karadoo Finance Limited to share its reasons for its decision.

THE FUNDRAISER’S CROWDFUNDING PAGE

The fundraiser’s crowdfunding page contains information submitted by the fundraiser, including a video clip, where the fundraiser has opted to submit such a clip. The fundraiser’s name and fundraising request are viewable by potential Donators on InvestMyCommunity.com.

By starting the listing, the fundraiser confirms to Karadoo Finance Limited and the donators that the information contained in the fundraiser’s crowdfunding page is complete, accurate and up to date.

FEES

There is no charge to submit a fundraising campaign application and if your request is eligible and approved then there is no upfront charge for listing on InvestMyCommunity.com.

Funds raised through the fundraiser’s sub-campaign are aggregated to the organisation’s lead campaign. The organisation will pay a fee to Karadoo Finance Limited for marketing the lead campaign if the campaign completes. Please note that for on-going campaigns for regular donations then a fee is payable each time funds are transferred to the organisation.

The organisation will pay a marketing fee for the Basic Service of 3.0% of the aggregate gross funds transferred, including Gift Aid collected, whether raised directly through the lead campaign, or via a sub-campaign.

The organisation will pay a marketing fee for the Premium Service of 5.0% of the aggregate gross funds transferred, including Gift Aid collected, whether raised directly through the lead campaign, or via a sub-campaign.

All fees and charges exclude VAT.

THE FUNDRAISER’S LIABILITY TO KARADOO FINANCE LIMITED

The fundraiser is liable to Karadoo Finance Limited for any loss or damage suffered by Karadoo Finance Limited or any user of InvestMyCommunity.com as a result of the fundraiser (or a person using the fundraiser’s username and password with the fundraiser’s knowledge or permission or through the fundraiser’s negligence):

  1. using InvestMyCommunity.com in a way that is fraudulent.
  2. breaching these fundraiser’s Terms.
  3. otherwise using InvestMyCommunity.com in a way that causes loss or damage to Karadoo Finance Limited or any other user of InvestMyCommunity.com.

KARADOO FINANCE LIMITED’S LIABILITY TO THE FUNDRAISER

Karadoo Finance Limited is not liable to the fundraiser for any loss, damage or cost arising out of or in connection with the fundraiser’s registration with Karadoo Finance Limited or use of InvestMyCommunity.com, except where the loss, damage or cost is a result of Karadoo Finance Limited’s breach of these fundraiser terms, negligence or fraud.

Karadoo Finance Limited’s liability to the fundraiser will not exceed 10,000 pounds in respect of all claims.

Nothing in these fundraiser’s terms excludes or limits Karadoo Finance Limited’s liability for death or personal injury caused by its negligence or for fraud.

Karadoo Finance Limited does not offer any guarantee, either explicit or implicit, that any campaign target will be achieved, or minimum funds raised, or if collecting regular donations that any minimum amount will be collected.

ASSIGNMENT

Karadoo Finance Limited may transfer or delegate any of its rights or obligations under these fundraiser’s terms to any person. Karadoo Finance Limited may provide information about the fundraiser, the organisation and the activities of the fundraiser and organisation on InvestMyCommunity.com to that person.

The fundraiser may not transfer any of its rights or obligations under these fundraiser’s terms.

AMENDMENTS

Karadoo Finance Limited may amend these fundraiser’s terms from time to time and need not give the fundraiser notice of the amendments.

NOTICES

All notices given under these fundraiser’s terms or any other terms relating to InvestMyCommunity.com must be in writing and in English.

Karadoo Finance Limited may deliver a notice to the fundraiser by placing a message on the fundraiser’s area of InvestMyCommunity.com or by email or post to the contact details last known to Karadoo Finance Limited.

A notice from Karadoo Finance Limited will be effective at the time of placing a message on InvestMyCommunity.com or sending an email, or on the second business day after posting. A business day is a weekday other than a national holiday.

A notice from the organisation to Karadoo Finance Limited can be sent by email to admin@InvestMyCommunity.com, or by post to Karadoo Finance Limited Customer Service, BPS House, 5 Fairfield Road, Bath, BA1 6EP. Notices to Karadoo Finance Limited will be effective on receipt.

NO WAIVER

If Karadoo Finance Limited does not enforce any of its rights under these fundraiser’s terms or any other terms relating to InvestMyCommunity.com, it does not mean that Karadoo Finance Limited will be unable to enforce that right in future.

THIRD PARTY RIGHTS

A person who is not a party to these fundraiser’s terms may not enforce any of these terms.

LAW AND JURISDICTION

These fundraiser’s terms and any non-contractual obligations arising out of or in connection with it are governed by English Law and the English courts have exclusive jurisdiction.

For the benefit of Karadoo Finance Limited, the fundraiser irrevocably submits to the jurisdiction of the English courts and irrevocably agrees that a ruling in those courts will be conclusive and binding on the organisation and may be enforced against the organisation in the courts of any other jurisdiction.

YOUR ACCOUNT AND FUNDRAISING PAGE

In order to set up a fundraising page, you’ll need to create an account. If you decide to create an account, you’ll need to be aged 13 years or over.

The creation of a fundraising page on the InvestMyCommunity website doesn’t mean that we or the organisation support or endorse your fundraising activity. If you’re not sure, you can check with the organisation that your chosen activity is acceptable.

We can close your fundraising page at the request of the organisation or at our own discretion.

You must not share your password or login details with anyone else. If your password or Facebook login details are compromised or used without your permission, you must change your password and/or login details as soon as possible.

We can suspend your access to the InvestMyCommunity website and/or your account at our discretion. In particular, we can do this if we suspect that your security or login details are being misused.

We’ll use the details on your account if we need to contact you.

If you want to close your account, please contact us.

USING THE INVESTMYCOMMUNITY WEBSITE

You agree that you won’t post content or information on the InvestMyCommunity website that:

  1. breaks any law or encourages an illegal act;
  2. is defamatory, abusive or offensive;
  3. infringes the copyright, privacy, confidentiality or other right of any third party. If you use someone else’s personal information, material or image, you must make sure you have their permission;
  4. contains surveys, raffles, lotteries, contests, pyramid schemes, advertisements or chain letters; or
  5. contains software viruses or any other computer code, files or programs designed to affect the use of any computer software or hardware or telecommunications equipment.

You’re not allowed to remove or change anything on the InvestMyCommunity website other than the content on your fundraising page. In addition, you can’t:

  1. pretend to be someone else, or that you are associated with someone or something when you are not; or
  2. use the InvestMyCommunity website to send junk email or ‘spam’.

The content on the InvestMyCommunity website is for general information only. It’s not intended to be advice for you to rely on so you should consider getting professional or specialist advice before acting on it.

We don’t verify or approve any content or information on the InvestMyCommunity website that is created by other fundraisers and/or organisation’s so we don’t take responsibility for it (although we’ll remove or disable unlawful or offensive content if we become aware of it). The views expressed by other fundraisers and organisation’s are their own views so they won’t always reflect our views and values.

The InvestMyCommunity website will sometimes link to other websites e.g. that of a organisation. We don’t have control over those websites and we’re not responsible for them (including their data policies, content, and security).

PARTICIPATING IN A LEADERBOARD OR SIMILAR

A organisation that runs a crowdfunding campaign can opt to create a Leaderboard for its fundraisers. Each fundraiser can opt to participate in the Leaderboard. If the fundraiser chooses to participate then you agree that you will not create an avatar that:

  1. is defamatory, abusive, indecent or otherwise offensive;
  2. infringes the copyright, privacy, confidentiality or other right of any third party. If you use someone else’s personal information, material or image, you must make sure you have their permission;

YOUR OBLIGATIONS

If your use of the website and/or associated services results in access to any Personal Information you shall:

  1. at all times assist with the responsibilities of Karadoo Finance Limited, as a data controller responsible for determining how the Personal Information is processed under the provisions of the Privacy Laws;
  2. not do, or cause or permit to be done, anything which may result in a breach by Karadoo Finance Limited of the Privacy Laws and comply with all reasonable instructions from Karadoo Finance Limited relating to the processing by you and/or the InvestMyCommunity.com crowdfunding page of such Personal Information;
  3. comply with the Privacy Laws in respect of your and/or the InvestMyCommunity.com crowdfunding page’s collection, use, disclosure or processing of the Personal Information;
  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;
  5. not sell, trade or rent Personal Information to third parties;
  6. hold the Personal Information securely and not disclose it to anyone other than Karadoo Finance Limited, as agreed to by the data subject and/or as permitted by Privacy Laws;
  7. implement adequate security, technical and organisational measures against all unauthorised, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with Privacy Laws, and abide by Karadoo Finance Limited’s reasonable requirements to ensure the security of the Personal Information as notified to you from time to time;
  8. use Personal Information appropriately and only for the specific purposes as notified to you from time to time, including by way of the applicable privacy policy available on InvestMyCommunity.com’s website;
  9. only communicate with donators where they have agreed to receive further communications from you and/or the InvestMyCommunity.com crowdfunding page, and only to the extent that they have indicated their preference to do so (for example in relation to communications for a specific fundraising event only);
  10. not retain any Personal Information for longer than is necessary; and
  11. to the extent legally permissible, you shall indemnify and hold harmless Karadoo Finance Limited, its successors and assigns, from and against all losses, costs and other damage caused by your and/or the InvestMyCommunity.com crowdfunding page’s breach of this paragraph; and

You shall maintain any necessary authority, permit, licence, consent, approval and registration for you to fundraise (and, where applicable, for Karadoo Finance Limited to fundraise on your behalf) in accordance with applicable laws and if Karadoo Finance Limited needs any such authority, permit, licence, consent, approval or registration for it to fundraise on behalf of the InvestMyCommunity.com crowdfunding page then you will, at no cost to Karadoo Finance Limited, provide all such assistance as Karadoo Finance Limited reasonably requires to assist Karadoo Finance Limited with the same. You agree that you shall inform Karadoo Finance Limited immediately if, for any reason, you and/or the InvestMyCommunity.com crowdfunding page cease(s) to maintain the necessary authority, permit, licence, consent, approval and/or registration to operate the fundraising activities in relation to the InvestMyCommunity.com crowdfunding page in accordance with applicable local laws.

By building a InvestMyCommunity.com fundraising page you represent, warrant and undertake to Karadoo Finance Limited and the users of the website that:

  1. each time you use the website or associated services, and in particular when you create a InvestMyCommunity.com fundraising page, you will comply with Karadoo Finance Limited’s guidelines that apply to InvestMyCommunity.com fundraising pages at that time.
  2. The information you provide to us is true and accurate in all respects and is not misleading;
  3. You have not omitted to tell us any information which could reasonably be considered relevant to a fundraising appeal;
  4. You agree and will ensure that the campaign complies with the fundraising “Code of Conduct” as set out by the Fundraising Regulator https://www.fundraisingregulator.org.uk/code

 

LICENCE OF TRADEMARK AND COPYRIGHTED MATERIAL

You hereby grant to Karadoo Finance Limited, its affiliates and its partners a non-exclusive licence to use any of your InvestMyCommunity.com fundraising page’s trademarks and any copyrighted material on your page (including images and videos or any link to the same) solely in connection with the website and associated services and its operation and promotion and for no other purpose whatsoever.

The licence shall terminate automatically on expiry or termination of these Terms of Service or the removal of your InvestMyCommunity.com fundraising page from the website in accordance with these Terms and Conditions.

CONFIDENTIAL INFORMATION

During the funding period of your InvestMyCommunity.com fundraising page 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 the website and associated 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 law, including, without limitation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, or regulatory or governmental body. This paragraph shall survive termination of these Terms and Conditions.

TERMINATION

Karadoo Finance Limited reserves the right, at its sole discretion, to immediately and without notice suspend or permanently deny your access to all or part of the website and associated services, including for example by removing any InvestMyCommunity.com fundraising page from the website. Karadoo Finance Limited will only exercise this right where there is a breach or suspected breach by you of these Terms and Conditions (including where there is any actual or suspected fraudulent, criminal or improper use of the website or associated services) or where Karadoo Finance Limited has any other legitimate reason to do so.

These Terms and Conditions shall terminate automatically upon the removal by you or Karadoo Finance Limited of your InvestMyCommunity.com fundraising page from the website. These Terms and Conditions will continue to apply to past use by you.

Upon termination or suspension or denial of access to the website and associated services, funds already received on the organisation’s behalf by Karadoo Finance Limited will be handled in accordance with the provisions above, provided that any potential payment (where applicable) may be delayed where Karadoo Finance Limited conducts an investigation regarding your use of the website and associated services and Karadoo Finance Limited may decide to refuse to pay funds across to the organisation where you have breached these Terms and Conditions or your InvestMyCommunity.com fundraising page has been removed. In such circumstances Karadoo Finance Limited may authorise a refund of donations to donators.

Last Updated: 2 April 2020