Terms of Service

Introduction

Visufund is a Limited Company registered in England and Wales (company registration number 10141346). Our registered office is at 20-22 Wenlock Road, London, England, N1 7GU.

This is a legal agreement between Visufund ("the Company","the website", "the platform" "us", "we", "our") and the following entities or persons ("user","you","your") using our services:

• Non-profit account holder: A registered user with a Visufund Non-profit account
• Supporter account holder: A registered user with a Visufund Supporter account
• Guest: An unregistered user using the platform

A registered user is defined as a person who is logged in to a user account on the website. An unregistered user is defined as someone who does not have an account or is not logged in to the website.

By using this website, it is understood that you agree to the terms below.

1. Contributing to a page

1.1 General: Any registered user or guest ("you","your") may use the platform to contribute to a page or make a charitable donation. You are not required to create an account on the platform to complete this process, although you do have the option to create a Supporter account at the checkout stage if you wish. Before contributing to a page, you should identify the type of page, and beneficiary of any financial donations, if appropriate:

• Non-profit Fundraising Page: Created by a Non-profit account holder, of which the same Non-profit is the beneficiary
• Profile Page: Created by the platform for every Non-profit account, of which the Non-profit is the beneficiary
• Supporter Fundraising Page: Created by a Supporter account holder, of which a Non-profit is the beneficiary
• Message Board: Created by a Supporter account holder for message display only. Message boards have no beneficiary and no facility to collect financial donations.

To identify the type of page you are donating to (excluding Profile Pages), you can use the About Page button to view these details. The information displayed describes who the page was created by and, if it is a fundraising page, which Non-profit receives any donations. If you require more information about a Non-profit beneficiary, you should contact them directly using the contact details displayed. It is your responsibility, as the donor, to ensure you are comfortable with the intended purpose of your funds, and if you have any doubts, you should not donate.

1.2 User-generated Content: The Company is not responsible for any user-generated content on the platform, including personal messages, uploaded images, or pages published by registered users. You may not transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, pornographic, defamatory, fraudulent, indecent, abusive, harassing, obscene or otherwise objectionable. Examples of such objectionable content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine– or randomly–generated, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including the Company and its employees or representatives.
• Violating the privacy of any third person.
• False information that is intended to mislead.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any content. The Company can also limit or revoke the use of the platform if you post such objectionable content. As the Company cannot control all content posted by users and/or third parties on the platform, you agree to use the platform at your own risk. You understand that, by using the platform, you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

1.3 Personal Message: On some pages, you may be given the option to write a public personal message. Content in personal messages must be relevant to the intended purpose of the page on which they are displayed and comply with '1.2 User-generated Content'. For your security, you are advised not to enter any private information when composing your message. If you need to edit your message, you may use the link provided in your email receipt to do this within 7 days.

1.4 Image Upload: On some pages, you may be given the option to upload an image or photograph to display with your message. All uploaded images must comply with '1.2 User-generated Content'. By uploading an image, you agree that any people which are clearly identifiable have consented to have their likeness displayed, or where appropriate you have permission from their next of kin, or that you have full rights to use the image in this manner and accept full responsibility for such use.

1.5 E-card: If you wish to send an e-card, you are required to supply the email address and first name of the recipient. The recipient's personal details are kept private and are only used to send the e-card. The e-card recipient will receive an email, stating your full name, containing a link to your personal message.

1.6 Data: When contributing to a page or making a donation on the platform, you may be requested to supply personal information. Some of this data is classified as PII (personal identifiable information) which includes: FULL NAME, HOME ADDRESS, TELEPHONE NUMBER, EMAIL ADDRESS. The list below describes how this data is used:

• Pages created by/for Non-profits (including Profile Pages): All PII is shared with the Non-profit for administrative purposes only.
• Pages created by Supporter account holders Full name only is shared with the page owner. If fundraising, all PII is shared with the beneficiary for administrative purposes only.

Any personal information submitted through the website is securely stored on our systems. If you have used the website previously, we may use your email address to recall your previous marketing preferences on return visits. You may request from us the details that we hold or request the deletion of your data at any time.

For our full privacy policy, visit https://visufund.com/about/privacy-policy.

1.7 Communication Opt-in: On fundraising pages, communication opt-in preferences may be asked on the checkout form. These preferences are defined by the Non-profit for you to opt-in to their marketing or further communications. The Non-profit is bound by this agreement to honour your communication preferences and to treat all personal data in accordance with the law. If you have donated to a Non-profit on the platform previously, we may provide a feature to recall your previous communication preferences, based on the email address you supply.

We may also ask if you wish to opt-in to marketing communications from Visufund. We will only ever use your email address to send you useful information about our services that you have requested. By default, all communication preferences are set to "No" (not ticked), and you have the right to unsubscribe at any time.

2. Making a donation (fundraising pages only)

2.1 Donation Amount: Donations are only accepted on pages which have a Non-profit beneficiary. Depending on the page settings defined by the page owner, donations may be required or optional, and some objects may require a minimum donation amount. A minimum amount requires you to enter a value equal to or greater than the stated amount. Where no minimum amount has been set, you may donate any amount greater than 2. Depending on the page settings, some pages may also allow you to select an object for zero value.

2.2 Gift Aid: When donating to a page that is raising money for a registered charity in the UK, you may be given the option of adding Gift Aid to your donation. By consenting to this option, you are agreeing to the Gift Aid statement shown on the form and authorising the charity to claim Gift Aid on your donation. You must supply accurate personal details (ie. full name and home address) for this claim to be successful. If you have any doubts about your entitlement for Gift Aid, you should consult your own advisers or HMRC about any accounting, taxation or financial consequences of making a donation that may affect you. Further information on Gift Aid can be found at http://www.hmrc.gov.uk/individuals/giving/gift-aid.htm.

2.3 Payment: At the final stage of checkout, you will be prompted to enter credit/debit card details to complete your donation. Digital wallet payments (eg. Apple Pay, Google Pay) may also be accepted if enabled on your device. This facility is supplied by our trusted PCI Level 1 service provider, Stripe, and you are legally bound by their terms of service when making a payment.

2.4 Fees: No fees are charged directly to you when making a donation. You should check with your card provider, before committing, if charges are incurred for any payment. From your donation, the payment processor (Stripe) deducts a transaction fee and Visufund deducts a platform fee of up to 3.9%, which is agreed and approved by the beneficiary. The beneficiary receives your total donation directly into their own Stripe account, less these fees.

2.5 Refunds: In the event that a refund is required on a donation, you must contact the beneficiary directly, as no money is held by the platform at any time. A decision on the refund will be determined and administered directly by the beneficiary, based on their own refund policy. For our full refund policy, visit https://visufund.com/about/refunds.

3. Account registration

3.1 General: Sign-up ("register", "registration") is free and any person is permitted to create an account on the platform, subject to agreement of these Terms. If you are under 18, you must have your parent's or legal guardian’s permission to use the platform, and you must only use the platform under the direct supervision of an adult. Registration allows you to view and test any of the platform's features, with no obligation to publish a page or incur any costs. When registering for an account, you must select the type of account you require:

• Supporter: This option should be selected if you intend to use the platform for creating fundraising pages to benefit a Non-profit organisation that has an account on the platform, or creating message boards.
• Non-profit: This option should be selected if you officially represent, and are authorised by, a registered charity or non-profit organisation in one of our supported countries, and intend to use the platform to create fundraising pages for the benefit of your organisation, and to allow supporters to fundraise for you through the platform.

If you are creating an account at the checkout stage of a donation, you are agreeing and accepting these terms based on creating a Supporter account.

3.2 Requirements: Depending on the type of account you are creating, you are required to complete all the fields on the presented sign-up form. Failure to provide correct or accurate information on registration may result in suspension or deletion of your account. Before submitting the registration form, it is understood that you have read and agreed to these Terms of Service. You should not proceed to register if you do not agree to these Terms or you do not understand anything stated within them.

3.3 Verification: You are required to provide an email address on the sign-up form; this will become your username to log in to the platform. You may only use an email address that belongs to you. By providing an email address, you are confirming that you are able to receive emails to this address, and understand that you will need to validate this prior to publishing any pages on the platform. If you have created a Non-profit account, you understand that the information you have provided within your account will be manually verified by the Company for due diligence purposes before you are approved to fundraise on the platform. If, for any reason, the Company is unable to verify that you are eligible to have a Non-profit account on the platform, the Company reserves the right to request further information from you or the organisation in order to verify the account, and may, in its sole discretion, refuse service until this has been provided.

3.4 Multiple User Accounts: You may not share your user account credentials with anyone else. If you require more than one person to have access to your Supporter or Non-profit account, the platform offers the facility for you to create additional user accounts, and for each user to set their own password. Each user can be defined a role to grant or restrict access to various features of the platform. It is your responsibility to maintain the level of access and status of other user accounts connected to your account. Non-profit account holders may only create additional user accounts for authorised employees, and must not give access to their account to any third party. A strict internal policy and procedure must be in place to disable accounts when a user no longer requires access for any reason; failure to do this risks data breaches of which you will be liable. We reserve the right to disable any user account if we detect any suspicious activity that risks the compromise of personal data on the platform.

4. Creating Pages

4.1 Fundraising Pages: Anyone with a Visufund account may create and publish a fundraising page to benefit a Non-profit member that is listed on the website. If you have a Supporter account and you intend to create a fundraising page in support of a Non-profit, you agree that your full name and email address will be shared with the organisation when the page has been published. The Non-profit may only use these details to contact you about your fundraising page. There is no cost to publish a standard fundraising page, although you have the option to upgrade if you require access to any Premium settings or features.

4.2 Messages Boards: Supporter account holders have the option to create and publish pages without a Non-profit beneficiary or donation facility, subject to a small charge. See '5. Products & Plans' for further information.

4.3 Pages Dedicated to Someone: If publishing a page that is dedicated to another person, you are advised to seek permission from the individual concerned, or their next of kin where appropriate.

4.4 Template Library: You may use any template from the library to create a page. Unless otherwise agreed, all template artwork is owned by the Company. The artwork may be used on multiple pages at any time, but must not be used by a third party without prior consent.

4.5 Publishing Pages: It is your responsibility to ensure that your published page complies with these Terms and any relevant local laws. You agree to use this site only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, and the transmission of obscene or offensive content within this site. You agree that any content you add to your own page is bound by the same Terms as stated in '1.2 User-generated Content'.

4.6 Page Duration: Your page will remain online and able to accept new contributions until you manually change its status, either by Closing or Unpublishing.

4.7 Page Content: As a page owner, you are responsible for monitoring all user-generated content on your own pages. Any content that breaches these Terms should be removed or reported to Visufund immediately. See '1.2 User-generated Content' for further information.

4.8 Promotional Activity: We may promote your page(s) on our website and social media channels, but we are not responsible for sourcing contributors or donors on your behalf. It is your responsibility to plan a suitable marketing campaign and promotional activity to ensure page success.

5. Products & Plans

5.1 General: It is free to publish standard fundraising pages on the platform. In addition, Visufund offers a range of optional costed products and plans. If you purchase a product or plan, you may change your mind for any reason and receive a full refund of all monies paid within 14 days starting from the date of purchase (the "Cooling-off Period"). You agree that the Cooling-off Period is available for 14 days after your purchase but is lost once you publish a page where you have benefited from the product. After the Cooling-off Period is over, products and plans are non-refundable. We reserve the right to change plan prices, or amend or withdraw products at any time without prior notice.

5.2 Single Page Products: Single page products, including message boards and page upgrades, apply to a single page only and are non-transferable.

5.3 Membership Plans: If you choose to upgrade to an annual plan, your membership plan will last for one year from the date of purchase, and you authorise Visufund to charge you automatically using the same payment method on an annual basis until you cancel. You have the right to change your default payment method or cancel your renewal at any time from the Billing section of your account. If your membership plan is not renewed, you will lose access to any benefits offered by the plan on the expiry date, and your account will revert to the free plan.

5.4 Clone Template: Any Non-profit account holder with a fully onboard account may clone a template and add it to their organisation's own library (My Templates). This gives you lifetime access to Premium and the option to configure default settings for supporter fundraising pages. You understand that cloning a template does not give you exclusive rights to the design, which may also be purchased by other organisations for their own purposes.

5.5 Payment Methods: Whenever you provide card details to pay for a product or membership plan, this is captured through Stripe's website and may be stored securely for future use. Account holders can manage or delete their saved cards in the Billing section of their account. At our discretion, Visufund may also agree to issue invoices to you for payment by BACS, CHAPS or electronic bank transfer within 30 days. Failure to make payment in the appropriate time may result in temporary suspension of services.

6. Data & Reports

6.1 General: Personal data and reports are only available on Non-profit accounts. Visufund is responsible for the safe capture and storage of donor data through the platform. This data is shared with the Non-profit for administrative purposes.

6.2 Donor Data: We will supply details of each donor and donation when you securely login to the platform using a Non-profit user account. We will not use this data for our own purposes without consent from the donor. You may tailor the donor checkout form to capture marketing consent and additional information from donors, but you must not attempt to capture any specific type of personal data that is not covered by the Visufund Privacy Policy. It is your responsibility to maintain accurate records on donor communication preferences for any future communications, in accordance with the law, and we will not be held responsible for any misuse of personal data by you.

6.3 E-card: We will not provide any personal details of an e-card recipient, although you will be able to ascertain if the feature was used on a donation.

6.4 Reports: When you download a report, it is your responsibility to treat the data with the greatest care and within the law. For security reasons, you should not download reports on a public computer or a computer you do not normally use. You should not send the reports to other people or copy the reports onto any external media or network drive that others can access. You are advised to permanently delete a report after you have imported or analysed the data. Failure to adhere to this guidance risks data breaches of which you will be liable.

6.5 Gift Aid (UK charities only): We will collect valid Gift Aid declarations from donors where possible, and share this information with you. We will not submit Gift Aid claims on your behalf. It is your responsibility to reclaim any Gift Aid due to you from donations made via the platform.

7. Receiving donations as a beneficiary

7.1 General: Visufund only allows Non-profit accounts to accept and receive donations through the platform. Donations are not processed or held by the platform at any time. To process and receive donations made through the platform, Non-profit account holders are required to connect their organisation's own Stripe Account. This service provides the facility to accept card payments from a donor, securely hold your funds in your own private account and automatically transfer your funds to your nominated bank account.

7.2 Stripe: Payment processing services on the platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a beneficiary on the platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the platform enabling payment processing services through Stripe, you agree to provide the platform accurate and complete information about you and your charity (where applicable), and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe. Your Stripe account does not belong to us and is only connected to the platform. We do not have full access to your Stripe account and we cannot support you with any issues relating to your Stripe account. We are responsible for supporting you to connect your Stripe account with the platform.

7.3 Fees: Any donation made through the platform is subject to a payment fee (Stripe's fee) and a platform fee (our fee). All fees are deducted from the total donation amount, before being added to your Stripe account balance. Payment fees vary according to card type and currency, and are determined by the provider (Stripe). For Non-profits on the free plan, our platform fee is 3.9% of the total donation amount. We offer lower platform fees on our annual Non-profit membership plans: 2.5% on the Plus plan, or 0% on the Pro Plan.

7.4 Payouts: Your Stripe balance is made up of pending and available balances. Pending balances are made up of payments that have been made in the last 7 days. Available balances are made up of payments made more than 7 days ago. Available balances are paid out via BACS to the charity's nominated bank account according to your payout settings in your Stripe account. It is your responsibility to configure these settings in your Stripe account.

8. Disclaimer

8.1 You agree that your use of the Website is on an "as is" and "as available" basis and that your use of the Website is at your sole risk. Visufund shall undertake general maintenance and upkeep of the Website from time to time, although care will be taken to minimise any disruption. During these periods, and in certain exceptional circumstances, the Website may not be available for use.

9. Termination of agreement

9.1 We may terminate or suspend access to an account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if there is a breach of this agreement. All provisions of this agreement which, by their nature, should survive termination, shall survive termination. You may terminate your account with the platform by contacting us at any time. Any outstanding invoices must still be paid.

10. General

10.1 Any use made of the Website is subject to this agreement. The company may, at its sole discretion, modify or revise this agreement at any time by updating the text of this page and so you should check this agreement regularly.