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CrowdPatch helps you connect and share with the people in your life.

CrowdPatch Terms of Service

Our terms of service describe what CrowdPatch does for you and the causes you are supporting, and what we kindly request of you as a user in return. Here are the key points:

Online Contributions

We run and maintain a website that processes contributions on behalf of the charities and causes featured on it, herein referred to as causes. For this service, and the support we provide to them and their supporters, causes no transaction fee for the contribution is leveraged other than that of the payment gateway provider.

As we promptly pay contributions to causes, we regret that we can only refund a contribution if the cause expressly requests it, and if they can pay us back. Please get in touch with the cause first.

Your privacy is paramount to us

Our Privacy Policy shows you how we protect it.  If you create a CrowdPatch project or patch page or use any of our other services, please remember CrowdPatch is for everyone. We’ll remove offensive, obscene or racist content on the rare occasions when we find it – and we may terminate membership as a result. Please also make sure that the content you upload to the site, especially pictures, is not copyright-protected.

That’s it. If you want the full, extended version, here it is:

CrowdPatch is a trading name of Kryskip Limited. Kryskip operates www.crowdpatch.co.uk (the "Website") and its associated services. These core terms of service govern your use of the Website and its associated services. Please read these Terms of Service carefully. If you do not wish to be bound by these Terms of Service, you should not continue to use or access the Website or its associated services. These Terms of Service may change or be updated from time to time. It remains your responsibility to access and check these Terms of Service wherever you access the Website.

The latest version of these Terms of Service will govern any future usage by you of the Website and its associated services.

About the charities, causes and organisations featured on the Website

The Website and its associated services allows you to donate to, and raise funds for, any of the causes listed on the Website which could include charities, certain non-charitable causes referred to on the Website as CrowdPatch Projects ("CrowdPatch Projects") and other listed organisations.

Every Cause featured has a contractual agreement with CrowdPatch authorising CrowdPatch to collect contributions on its behalf. Causes are listed on this Website at CrowdPatch's discretion, however we cannot accept responsibility for the activities of the Causes. A charity must have the appropriate authorisation, permit or licence to operate as a charity, as required by the local laws of the territory in which it operates. You should note that CrowdPatch Projects are probably not charities therefore you should read the description of them carefully and be happy that they are genuine and suitable to receive your contribution.

Different charities, CrowdPatch Projects and other organisations can have similar names: it is your responsibility to check that you are donating to the Cause you intended. Contributions Subject to the requirements of applicable local laws, and what we say below in relation to CrowdPatch Projects, once your contribution is made, it will only be refunded to you with the prior written consent of the Cause to whom it has been made, regardless of whether or not the contribution had been paid to the Cause by CrowdPatch.

Before a contribution is refunded, the relevant Cause must agree that CrowdPatch may, subject to local applicable laws, deduct the amount to be refunded from subsequent payments to be made by CrowdPatch to the Cause.

Where no further payments are due to be made to such Cause within one (1) week of the refund being made to you, CrowdPatch reserves the right to invoice the Cause for the amount of the refund and the Cause must agree to settle that invoice within one (1) month of the date of the invoice.

In relation to CrowdPatch Projects, CrowdPatch may not charge your contribution to your payment card account (using the details you provide at the time of donating) until after the fundraising target has been achieved. Alternatively, CrowdPatch may charge the contribution to your card account at the time of donating but if the CrowdPatch Project fundraising target is not achieved CrowdPatch will allow you to make your contribution to the CrowdPatch Project in any event.

For contributions made to CrowdPatch Projects 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 contributions to CrowdPatch Projects. Use of your contribution CrowdPatch does not warrant that your contributions will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding the recipient Cause's use of any contribution you may make through the Website or its associated services or websites powered by us or for any misuse or non-use of such contributions by the recipient Cause.

After contributions are made, all further dealings are solely between the contributor and such recipient organisation. Please note that recipient organisations (excluding CrowdPatch Projects) reserve the right to use your contribution for their general purposes. They will use your contribution for any purpose in accordance with their own rules. CrowdPatch cannot guarantee that funds will be earmarked for a particular appeal.

If you want your contribution to be used for a specific purpose or for a particular appeal you should contact the organisation and make your contribution directly to them. CrowdPatch will verify the identity of a CrowdPatch Project creator when they set up a CrowdPatch Projects page but CrowdPatch shall have no liability to contributors whatsoever for any use or mis-use of contributions made to the CrowdPatch Project.

The CrowdPatch Projects service is intended to open up fundraising activities for causes which are not charities.

The CrowdPatch Project may state that they will use contributions only for specific purposes however CrowdPatch 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 CrowdPatch Project 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 CrowdPatch Projects page is one that you wish to support.

CrowdPatch fees

CrowdPatch passes on from our merchant, a small transaction fee on every contribution made on the Website or its associated services.

There is no fee from CrowdPatch for any transactions made.

Unauthorised card use

when a contribution is made on the Website and charged to your card the transaction is final and not disputable unless unauthorised use of your payment card 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.

Protecting your password

When you register with CrowdPatch and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your password, we recommend that you change your password immediately.

Information

CrowdPatch is not an accounting, taxation or financial advisor, and you should not rely on information given on the Website or its associated services to determine the accounting, tax or financial consequences of making a contribution to charity, not-for-profit or CrowdPatch Project.

We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.

Privacy

CrowdPatch's Privacy Policy forms part of these Terms of Service.

By agreeing to these Terms of Service you also give your consent to the way we may handle your personal information under that Policy.

User conduct

You must at all times use the Website and its associated services in a responsible and legal manner and ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party.

In particular, but not exclusively:

You must not upload offensive, obscene, racist, defamatory, misleading or deceptive content, including photographs, on to the Website or its associated services.

CrowdPatch does not actively edit the Website but reserves the right to remove or edit any content posted on the Website or its associated services at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene, racist, libellous, misleading or deceptive. If you notice any such content, please email us at skrystman@kryskip.com.

If you build a project or patch page on CrowdPatch, you must ensure that any information you provide to the public is accurate and not misleading.

It is your responsibility to ensure that the content you are uploading on your page, in particular the photograph, is not copyright-protected.

If it is, you must obtain the copyright owner's written consent to use it. CrowdPatch reserves the right to remove any pictures, photographs or copy from project or CrowdPatch pages, at its sole discretion and without notice if their copyright status is in any doubt.

If you suspect a breach of copyright on the Website, please email us at skrystman@kryskip.com.

Other than in relation to your own CrowdPatch project or patch pages or CrowdPatch page, you may not remove or change anything on the Website.

In addition, you as a user must not:

Misrepresent your identity or affiliation with any other person or organisation

Use the Website to send junk email or 'spam' to people who do not wish to receive email from you

Use the Website to conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters

Interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the CrowdPatch systems

Disclose any information relating to any contributor except with the consent of the contributor or as permitted by applicable local laws.

CrowdPatch reserves the right to cancel your membership and delete any CrowdPatch page without notice in the event of a breach of the above rules.

Building a CrowdPatch page in aid of a Cause in no way implies CrowdPatch's or the Cause's endorsement of your fundraising activity.

Many Causes disapprove of, and do not wish to be involved in, dangerous sports or unusual challenges. It is your responsibility to check with the Cause first that your chosen activity does not contravene the Cause's policies.

CrowdPatch reserves the right, at its absolute discretion and without notice, to cancel your personal project or patch page at the request of the Cause, in the event that the Cause, in its absolute discretion, deems your fundraising activity inappropriate or unnecessarily dangerous.

Links

The Website and its associated services contains links to the websites of Causes. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any transactions with other organisations through their websites or otherwise are your own responsibility.

Partner Services

CrowdPatch may from time to time select partners offering relevant information and services that we believe will enhance our provision for visitors to the Website. Whilst we will do our best to select partners of the highest integrity, we are not responsible for any aspect of the information or services offered by them, and if you choose to use their services you do so at your own risk.

Trademarks

The names CrowdPatch, www.crowdpatch.co.uk, the CrowdPatch logo and any other product and service names that we may present on the Website or its associated services from time to time may not be used in connection with any product or service that is not CrowdPatch's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit CrowdPatch.

Other trademarks, service marks or logos that appear on the Website or its associated services, in particular (but not exclusively) those of member charities, CrowdPatch Projects or other organisations, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use.

They must not be used without the express permission of both CrowdPatch and the trade mark owner

Copyright

All content on the Website and its associated services is owned by CrowdPatch, CrowdPatch Projects or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws.

You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trade mark or other proprietary notice.

No other use of the Website's and its associated services' content is permitted without the express prior permission of CrowdPatch, and, where applicable, the copyright holder.

Inquiries and permission requests may be sent to skrystman@kryskip.com

Changes to the service

CrowdPatch will make every effort to ensure that the Website and other services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice.

Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms of Service.

Failure to comply with these Terms of Service

In the event that you commit a breach of these Terms of Service CrowdPatch 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.

Termination

You may discontinue use of the Website and associated services at any time. These Terms of Service will continue to apply to past use by you.

Disclaimer and Limitation of Liability

CrowdPatch does not, and nothing in these Terms of Service shall act to, exclude or limit CrowdPatch's liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited.

You agree that your use of the Website and its associated services is on an "as is" and "as available" basis and that your use of the Website and its associated services is at your sole risk.

CrowdPatch does not guarantee continuous uninterrupted or secure access to our services and operation of the Website and associated services may be interfered with by numerous factors outside of our control.

On that basis, except as expressly set out in these Terms of Service and except for the rights, guarantees and remedies which cannot be excluded, CrowdPatch does not provide other conditions, guarantees, warranties or terms in relation to the Website or its associated services, to the extent permissible by law.

CrowdPatch shall undertake general maintenance and upkeep of the Website, at the times set out in the applicable country specific terms, from time to time.

During these periods, the Website and its associated services may not be available for use. In exceptional circumstances, the Website and associated services may also become unavailable at other times.

CrowdPatch shall only be liable under these Terms of Service for losses which are reasonably foreseeable and caused by CrowdPatch's breach of these Terms of Service or CrowdPatch's negligence.

CrowdPatch's total liability to you arising under or in connection with these Terms of Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the contributions you have made using the Website in the preceding 12 month period, ending on the date the circumstances giving rise to CrowdPatch's liability arose.

CrowdPatch's liability to you shall not include losses relating to any business of yours or your own losses such as lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time.

CrowdPatch may change the format and content of the Website and its associated services from time to time.

You should refresh your browser each time you visit the Website to ensure that you download the most up to date version of the Website, including the latest version of these Terms of Service.

Nothing in these Terms and Conditions excludes any statutory rights which may apply to your use of the Website and associated services which cannot be excluded, restricted or modified by contract.

Governing law

These Terms of Service and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by the law, and subject to the jurisdiction of the courts of, the country set out in the country specific terms.

Third party rights

A person who is not a party to these Terms of Service has no right to enforce any term of these Terms of Service.

SPECIFIC TERMS OF SERVICE FOR THE UNITED KINGDOM

These additional terms apply and will prevail where you access the Website or associated services in the United Kingdom. The local CrowdPatch entity and the company who provides the service to you is Kryskip Limited, whose registered office is at Chimney Cottage, The Platt, Amersham, Bucks HP7 0HX (registration no. 08134823), United Kingdom.

Gift Aid and tax

This facility is not provided by CrowdPatch.  CrowdPatch will not be liable for any Gift Aid schemes.

CrowdPatch fees

All payments referred to in these Terms of Service are exclusive of Value Added Tax, where applicable.

Disclaimer and Limitation of Liability

The times at which CrowdPatch shall undertake general maintenance and upkeep of the Website will be between 12.00am and 08.00 hours (GMT) at the weekends. [RK1] 

Governing law

These Terms of Service and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by English law and are subject to the non-exclusive jurisdiction of the English courts.

Support and Contribution Acknowledgements

CrowdPatch will:

Send prompt e mail acknowledgements to contributors in respect of each contribution made to the CrowdPatch Project via the Website

Respond, either by email or telephone as appropriate, on your behalf to contributors' account enquiries received by CrowdPatch, in accordance with the Contact Us page on the Website.

Personal Information

CrowdPatch will:

Capture personal information including but not limited to the contributor'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 ("Privacy Laws") and protect and secure such information.  For the avoidance of doubt this paragraph does not imply that CrowdPatch will share such information with you and/or the CrowdPatch Project.

To the maximum extent possible under applicable law, abide by the instructions of all contributors in respect of their Personal Information

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

CrowdPatch will comply at all times with all applicable laws relevant to fund-raising and any authority, licence, permit or registration requirements, as amended from time to time; and

CrowdPatch may, at its sole discretion, evaluate your CrowdPatch page and/or the underlying project or cause prior to publication of your CrowdPatch page and decide whether or not to publish it on the Website.

Intermediary

CrowdPatch, 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 CrowdPatch Project and the individual user information resides on the Website or associated services, CrowdPatch does not check or exercise any editorial control over the content of such information, save as required by applicable laws.

In the event that CrowdPatch is made aware of or has knowledge of any unlawful activity or information on the Website or associated services, CrowdPatch shall act to remove or disable access to the information. CrowdPatch shall not be liable to you or the CrowdPatch Project as a result of its role as intermediary. CrowdPatch Project creator obligations You agree that:

Where applicable, you shall ensure that the manager(s) of the CrowdPatch Project entity for which you have created a CrowdPatch Projects page agree to you raising funding on its behalf

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 CrowdPatch, 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 CrowdPatch of the Privacy Laws and comply with all reasonable instructions from CrowdPatch relating to the processing by you and/or the CrowdPatch Project of such Personal Information

(iii)           comply with the Privacy Laws in respect of your and/or the CrowdPatch Project'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 CrowdPatch, 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 CrowdPatch'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 CrowdPatch's Website

(ix)          only communicate with contributors where they have agreed to receive further communications from you and/or the CrowdPatch Project, 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 CrowdPatch, its successors and assigns, from and against all losses, costs and other damage caused by your and/or the CrowdPatch Project'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 CrowdPatch to fundraise on your behalf) in accordance with applicable laws and if CrowdPatch needs any such authority, permit, licence, consent, approval or registration for it to fundraise on behalf of the CrowdPatch Project then you will, at no cost to CrowdPatch, provide all such assistance as CrowdPatch reasonably requires to assist CrowdPatch with the same. You agree that you shall inform CrowdPatch immediately if, for any reason, you and/or the CrowdPatch Project cease(s) to maintain the necessary authority, permit, licence, consent, approval and/or registration to operate the fundraising activities in relation to the CrowdPatch Project in accordance with applicable local laws.

By building a CrowdPatch page you represent, warrant and undertake to CrowdPatch and the users of the Website that:

you are 13 years of age or over

you are a UK resident and your CrowdPatch Project is based in the UK

the CrowdPatch Project is a specific, one-off project (and not aimed at providing on-going support to a Cause) which is capable of producing tangible outcomes once the fundraising target is achieved

the CrowdPatch Project is for the benefit of an individual in a community or for the benefit of a community as a whole

you will provide feedback via your CrowdPatch Projects page on the Website at the end of the fundraising period to explain whether or not the fundraising target was achieved and what tangible outcome has been or will be achieved as a result

that all contributions provided to the CrowdPatch Project will be used for the purposes set out on your CrowdPatch Projects page. You further represent, warrant and undertake that no fraudulent, criminal or otherwise improper uses will be made of contributions made via your CrowdPatch Projects page.

Licence of Trademark

You hereby grant to CrowdPatch, its affiliates and its partners a non exclusive licence to use any of your CrowdPatch Project's trademarks 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 CrowdPatch Projects page from the Website in accordance with these Terms of Service. CrowdPatch will not take any fees for contributions although the payment gateway provider may leverage a fee.

CrowdPatch is, subject to applicable laws, hereby authorised to deduct the transaction fee together with applicable taxes and bank processing charges from the contributions provided to you under these Terms of Service.

Disclaimer and Limitation of Liability

Notwithstanding the provisions of the "Disclaimer and Limitation of Liability" section of the core Terms of Service, CrowdPatch's total liability to you arising under or in connection with these Terms of Service, so far as such liability arises out of or relates to your creation and/or use of a CrowdPatch Projects page, shall be limited to the total fees paid by you to CrowdPatch under these Terms of Service 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 term of your project 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 of Service.

Termination

CrowdPatch 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 where you breach these Terms of Service including where there is any actual or suspected fraudulent, criminal or improper use of the Website or associated services. These Terms of Service shall terminate automatically upon the removal by you or CrowdPatch of your CrowdPatch Projects page from the Website. These Terms of Service 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 CrowdPatch will be handled in accordance with the provisions above, provided that any potential repayment (where applicable) may be delayed where CrowdPatch conducts an investigation regarding your use of the Website and associated services and may decide to refuse to pay funds across to you where you have breached these Terms of Service. In such circumstances CrowdPatch may authorise a refund of contributions to contributors.