Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Fundd website at www.fundd.org (the “Website”), your Fundd account and the services and functionality made available by Fundd through the Website (together, the “Services”).

The Website and Services are operated by Fundd, a registered charity in England and Wales with charity number 1197633 (“Fundd”, “we”, “us” or “our”).

By accessing the Website, creating or using a Fundd account, submitting an application to Fundd, making or arranging a donation through Fundd, or otherwise using our Services, you confirm that you have read and understood these Terms and agree to comply with them.

If you are using the Services on behalf of a charity, company, trust or other organisation, you confirm that you have authority to act on its behalf and to bind that organisation where applicable.

If you do not agree to these Terms, you must not use the Website or Services.

Fundd is a registered charity established to support charitable giving and charitable organisations.

References in these Terms to “you” or “your” mean the individual accessing or using the Website or Services and, where applicable, the charity, business, trust or other organisation on whose behalf that individual is acting.

These Terms should be read together with our:

• Privacy Notice;
• Cookie Policy;
• any application form or onboarding documentation applicable to you;
• any specific terms relating to a particular Fundd service; and
• any additional terms or conditions which we bring to your attention when you use a particular service.

Our Privacy Notice explains how we collect, use, store and protect personal information.

Where specific terms apply to a particular service, those specific terms will take priority over these general Terms to the extent of any inconsistency.

We may amend these Terms from time to time, including to reflect:

• changes to our Services;
• changes in applicable law or regulation;
• changes to our operating procedures;
• changes required by payment, banking or other service providers;
• security requirements; or
• changes to the way Fundd operates.

The current version of these Terms will be published on our Website.

Where a change materially affects an existing service or relationship with you, we will take reasonable steps to bring the change to your attention where appropriate.

Your continued use of the Website or Services following the effective date of revised Terms constitutes acceptance of those revised Terms where permitted by law.

We may update, change, enhance, restrict, suspend or withdraw all or part of the Website or Services from time to time.

We do not guarantee that the Website or any particular Service will always be available, uninterrupted or unchanged.

We may temporarily suspend access for maintenance, security, technical, legal, regulatory or operational reasons.

Where reasonably practicable, we will seek to minimise disruption.

You must provide complete, accurate and up-to-date information when registering with Fundd, applying for a Fundd service or otherwise providing information to us.

You must not:

• impersonate another person or organisation;
• provide false or misleading information;
• create an account using information you are not authorised to use;
• conceal the identity of a person or organisation where we reasonably require that information; or
• use the Services for unlawful, fraudulent or unauthorised purposes.

We may require evidence to verify information supplied to us before providing or continuing to provide Services.

Where you are acting for a charity or other organisation, we may require evidence that you are authorised to act on its behalf.

If you create a Fundd account or are provided with login credentials, passwords, security codes or other authentication information, you must keep them confidential and secure.

You must not allow another person to access your account unless they are properly authorised to do so.

You are responsible for taking reasonable steps to protect your account from unauthorised access.

You must notify Fundd promptly at support@fundd.org if you know or suspect that:

• another person has obtained your login or security information;
• your account has been compromised;
• an unauthorised transaction or instruction has occurred; or
• information associated with your account is incorrect.

We may disable, suspend or restrict an account or security credential where we reasonably believe this is necessary to protect you, Fundd, another user or the integrity of our Services.

Fundd is committed to preventing its Services from being used for fraud, money laundering, terrorist financing, sanctions evasion or other financial crime.

To protect Fundd and the charitable sector, and where required or permitted by law, we may carry out identity, verification, due diligence, sanctions, fraud and other financial-crime checks.

You agree to provide information and documentation reasonably requested by us for these purposes. This may include information concerning:

• your identity and address;
• the identity of trustees, directors, officers, authorised representatives or other relevant persons;
• the identity of donors or beneficiaries where appropriate;
• source of funds;
• source of wealth;
• the purpose of a payment or donation;
• the activities of a charity or organisation;
• beneficial ownership or control; and
• other information reasonably required to understand a transaction or relationship.

We may use third-party databases, public records, electronic verification providers and other lawful sources to verify information.

We may screen persons, organisations and transactions against sanctions, fraud, politically exposed person and other relevant databases.

Where we reasonably consider it necessary for legal, regulatory, fraud-prevention, safeguarding or risk-management purposes, we may:

• delay processing an instruction;
• request additional information;
• refuse or return funds where legally and operationally permitted;
• restrict or suspend access to Services;
• decline to establish or continue a relationship; or
• make reports or disclosures to relevant authorities where required or permitted by law.

We may be prohibited by law from telling you that a particular investigation, report or disclosure has taken place.

Fundd facilitates and supports charitable giving.

Where you make or arrange a donation using our Services, you must ensure that:

• the funds belong to you or you are authorised to use them;
• the donation is lawful;
• information supplied in connection with the donation is accurate;
• you are not using Fundd to conceal the source or destination of funds; and
• the transaction does not breach any applicable sanctions or other law.

A donation may be subject to verification, compliance and fraud-prevention checks before being accepted, processed or distributed.

We may refuse, delay, suspend or return a donation where we reasonably believe this is necessary to comply with law, prevent fraud or financial crime, resolve an error, comply with the requirements of a payment provider, or protect Fundd or another person.

Nothing in these Terms requires Fundd to accept any particular donation.

Where Gift Aid is available through Fundd, eligibility is subject to applicable UK tax law and HM Revenue & Customs requirements.

If you make a Gift Aid declaration, you are responsible for ensuring that the declaration is accurate and that you meet the applicable eligibility requirements.

Fundd does not provide tax advice and cannot guarantee that a donation will qualify for Gift Aid.

You should obtain independent tax advice where necessary.

Charitable donations are generally intended to be final.

However, there may be circumstances in which a payment is reversed, refunded, recalled or subject to a chargeback, including because of:

• fraud or suspected fraud;
• an unauthorised payment;
• duplicate or erroneous processing;
• requirements imposed by a payment provider or card scheme;
• legal or regulatory requirements; or
• another exceptional circumstance accepted by Fundd.

Any request for a refund should be submitted to Fundd as soon as reasonably possible.

Nothing in these Terms limits any statutory rights which cannot lawfully be excluded.

Fundd may use banks, payment processors, card acquirers, technology providers and other third-party service providers in delivering the Services.

Where a payment or regulated financial service is provided by a third party, that service may be subject to the third party’s own terms, conditions and regulatory arrangements.

Unless expressly stated otherwise, Fundd does not represent that it is a bank, payment institution or electronic money institution.

The availability and timing of payment services may depend on third-party systems and providers over which Fundd does not have direct control.

Fundd may share information with such providers where reasonably necessary to provide the Services, prevent fraud, comply with law or administer a transaction, subject to applicable data-protection requirements.

You must use the Website and Services lawfully and responsibly.

You must not use the Website or Services:

• for any unlawful, fraudulent, deceptive or harmful purpose;
• to facilitate money laundering, terrorist financing, sanctions evasion, tax evasion or other financial crime;
• to misrepresent the purpose, source or destination of funds;
• to impersonate another person or organisation;
• to transmit malicious software;
• to interfere with the security or operation of the Website;
• to attempt to gain unauthorised access to accounts, systems, servers or databases;
• to conduct unauthorised scraping, data mining, harvesting or automated data collection;
• to overload, disrupt or attack the Website or Services;
• to infringe intellectual property, privacy or other legal rights;
• to distribute unlawful, defamatory, abusive or harmful material; or
• in any manner which could expose Fundd, its beneficiaries, users, trustees, staff, service providers or partners to legal, regulatory, financial or reputational harm.

You must not attempt to circumvent any security, verification, compliance or access-control measure.

Access to certain parts of the Website or Services may be restricted.

We may restrict, suspend or terminate your access where we reasonably believe:

• you have breached these Terms;
• information provided by you is false, incomplete or misleading;
• your account may have been compromised;
• your use presents a fraud, financial-crime, safeguarding or security risk;
• continued access may breach applicable law;
• a competent authority requires us to take action;
• a relevant third-party provider requires suspension; or
• suspension is reasonably necessary to protect Fundd or its users.

Where appropriate and legally permitted, we may provide you with information about the reason for the restriction.

Unless otherwise stated, Fundd or its licensors own all intellectual property rights in the Website and its content, including text, graphics, branding, logos, photographs, videos, databases, software, website design and other materials.

All such rights are reserved.

You may access and use the Website for lawful personal, charitable or organisational purposes connected with the Services.

You must not, without our prior written permission:

• reproduce or republish substantial parts of the Website;
• commercially exploit Website content;
• sell, license or redistribute Website content;
• remove copyright, trade mark or proprietary notices;
• modify Fundd materials in a way that misrepresents their source; or
• use Fundd’s name, branding or trade marks in a way that suggests an association, approval or endorsement which does not exist.

You confirm that information you provide to Fundd is, to the best of your knowledge, complete, accurate and not misleading.

You must notify us promptly where material information changes.

Where you provide content or materials to Fundd, you confirm that you have the necessary rights and permissions to provide them and that our lawful use of them for the purposes of providing the Services will not infringe another person’s rights.

We take privacy and the protection of personal information seriously.

We process personal information in accordance with applicable data-protection law and our Privacy Notice.

Our Privacy Notice explains:

• the information we collect;
• why we collect it;
• how we use it;
• the lawful bases on which we process it;
• when information may be shared;
• how long it may be retained;
• your data-protection rights; and
• how to contact us about privacy matters.

We take reasonable care to keep information on our Website accurate and up to date.

However, Website content is provided primarily for general information.

We do not guarantee that all Website content will always be complete, accurate, current or free from errors.

Information may become outdated and we are under no obligation to update every item immediately.

You should not rely solely on general Website content when making an important financial, tax, legal or other decision.

Unless expressly stated otherwise, information made available through the Website or Services does not constitute legal, financial, investment, accounting or tax advice.

Fundd does not act as your legal, financial, investment or tax adviser merely because you use our Website or Services.

You should obtain appropriate independent professional advice where required.

The Website may contain links to websites, platforms or services operated by third parties.

These links are provided for convenience or information.

Fundd does not control third-party websites and is not responsible for their content, security, availability or privacy practices.

The inclusion of a link does not necessarily mean that Fundd endorses the third party.

Your use of a third-party website or service may be subject to that third party’s own terms and policies.

You may link to publicly accessible pages on the Website in a lawful and fair manner.

You must not create a link which:

• falsely suggests an association, partnership, approval or endorsement by Fundd;
• is misleading;
• damages Fundd’s reputation; or
• appears on a website containing unlawful or seriously harmful material.

We may withdraw permission to link to the Website where reasonably necessary.

We take reasonable steps to maintain the security of the Website but cannot guarantee that it will always be secure, uninterrupted or free from bugs, viruses or other harmful components.

You are responsible for using appropriate security and virus-protection software on your own systems.

You must not knowingly introduce viruses, malware, Trojan horses, worms, logic bombs or other malicious or technologically harmful material.

You must not attempt to gain unauthorised access to the Website, the servers on which it is hosted, or any system or database connected to the Website.

You must not conduct a denial-of-service or distributed denial-of-service attack.

Suspected criminal activity may be reported to the relevant authorities.

Nothing in these Terms excludes or limits any liability which cannot lawfully be excluded or limited.

In particular, nothing in these Terms excludes or limits liability for:

• death or personal injury caused by negligence where such liability cannot lawfully be excluded;
• fraud or fraudulent misrepresentation; or
• any other liability which applicable law does not permit us to exclude.

Subject to the above, Fundd will not be responsible for losses resulting from circumstances outside our reasonable control or losses that were not reasonably foreseeable as a result of our breach.

Where you use the Website or Services in connection with a business, charity or other organisation, Fundd will not, to the extent permitted by law, be liable for indirect or consequential losses, loss of profit, loss of business opportunity, loss of anticipated savings or loss of goodwill arising solely from your use of the Website.

Nothing in these Terms affects statutory rights available to consumers which cannot lawfully be excluded or restricted.

Fundd will not be responsible for a delay or failure caused by circumstances outside our reasonable control. Such circumstances may include:

• failure of banking or payment networks;
• interruption of telecommunications or internet services;
• cyber incidents affecting third-party infrastructure;
• failure of third-party service providers;
• industrial disputes;
• natural disasters;
• acts of government or public authorities;
• war, terrorism or civil disorder;
• changes in law or sanctions; or
• other events that Fundd could not reasonably prevent.

We will take reasonable steps to minimise the effect of such events where practicable.

You are responsible for your use of the Website and Services and for information and instructions you provide.

If you are using Fundd on behalf of an organisation, you are responsible for ensuring that you have appropriate authority to provide instructions and information to us.

To the extent permitted by applicable law, an organisation using Fundd’s Services will be responsible for losses reasonably incurred by Fundd as a direct result of that organisation’s deliberate or material breach of these Terms, fraud or unlawful use of the Services.

Nothing in this section requires an individual consumer to indemnify Fundd where doing so would be unfair or unlawful.

If you breach these Terms, we may take such proportionate action as we reasonably consider appropriate. This may include:

• issuing a warning;
• requesting further information;
• restricting functionality;
• suspending or terminating an account;
• blocking access to the Website;
• refusing or suspending a transaction;
• recovering losses where legally entitled to do so;
• reporting suspected unlawful activity to relevant authorities; or
• commencing legal proceedings.

These rights are in addition to any other rights available to Fundd under law.

We aim to provide a high standard of service.

If you have a complaint concerning Fundd or our Services, please contact Fundd, 30 Chardmore Road, London N16 5JD; email support@fundd.org; telephone 020 3976 1122.

We will seek to investigate and respond to complaints fairly and within a reasonable period.

Where your complaint concerns a service supplied directly by a third-party provider, we may refer you to that provider’s complaints procedure where appropriate.

We may communicate with you electronically, including by email, through the Website or through your Fundd account.

You are responsible for ensuring that the contact information provided to us remains accurate and up to date.

Service communications may include important information concerning your account, transactions, security, changes to Services or changes to applicable terms.

Service communications are separate from marketing communications and may still be sent where necessary even if you have opted out of marketing.

You may not transfer your rights or obligations under these Terms to another person without our prior written consent where those rights or obligations are personal to you.

Fundd may transfer or delegate its rights or obligations where reasonably necessary for its charitable operations, restructuring or provision of the Services, provided that doing so does not unlawfully reduce your rights.

If any provision of these Terms is found by a court or competent authority to be unlawful, invalid or unenforceable, that provision will be treated as modified to the minimum extent necessary to make it valid and enforceable.

If that is not possible, the relevant provision will be treated as deleted.

The remaining provisions will continue in full force and effect.

If Fundd does not immediately enforce a right under these Terms, that does not mean Fundd has waived that right.

A waiver on one occasion does not constitute a waiver on another occasion.

Unless these Terms expressly state otherwise, a person who is not a party to these Terms has no right to enforce them under the Contracts (Rights of Third Parties) Act 1999.

These Terms, together with any specific terms applicable to a Fundd service and the policies expressly incorporated into them, constitute the agreement governing your use of the relevant Website and Services.

Nothing in this section excludes liability for fraud or fraudulent misrepresentation.

These Terms, their subject matter and their formation are governed by the laws of England and Wales.

If you are acting as a consumer, you may have additional rights concerning where proceedings may be brought depending on where you live, and nothing in these Terms removes any mandatory rights available to you under applicable law.

If you are acting on behalf of a charity, company, business or other organisation, you and Fundd agree that the courts of England and Wales will have exclusive jurisdiction over disputes arising from or connected with these Terms, including non-contractual disputes or claims.

If you have questions about these Terms or Fundd’s Services, please contact Fundd, Registered Charity No. 1197633. Registered address: 105 Eade Road, London N4 1TG. Office address for correspondence: 30 Chardmore Road, London N16 5JD.

Email: support@fundd.org. Telephone: 020 3976 1122. Website: www.fundd.org.

Fundd is a registered charity in England and Wales, Charity No. 1197633.