Version 6 – 18/10/2018
Grab a cuppa, there’s a lot to cover! ☕️
ANY PERSON OR ENTITY (“User” or “You”) USING OR OTHERWISE ACCESSING THE SITE AT swiftaid.co.uk (“Site”), OR THE APP KNOWN AS “Swiftaid” (“App”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE SITE OR THE APP MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“Agreement”).
1. Personal Data
2. Contracting parties
The Site and the App, together with all software, content, data and other materials contained therein (“Content”) are owned or controlled by Streeva Ltd, a company registered in England under Company Number 9451226 with offices at Surrey Technology Centre, 40 Occam Road, Guildford, Surrey, GU2 7YG, UK. Streeva Ltd is referred to in these terms and conditions as “we”, “us”, “our” or “Swiftaid”. When you register with (or otherwise access) the Site or the App, you are contracting with Swiftaid. You must be at least 18 years old to register with Swiftaid.
You agree: to not allow anyone else to use your email address to access the Site, the App or any Content; to not do anything which would assist anyone else to gain access to any secured area of the Site or the App; and to not create additional registration accounts for the purpose of abusing the functionality of the Site, the App or any Content, or other Users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via email@example.com and we will freeze your account as quickly as possible. Please note that you will be responsible to Swiftaid and to others for all activity that occurs under your account.
4. The Swiftaid service
Swiftaid is an online business acting as an intermediary offering facilitation and administration of the governmental scheme which enables registered charities to reclaim tax on donations made by UK taxpayers to effectively increase the amount of the donation (“Gift Aid”) for the benefit of UK Taxpayer donors (“Donors”) and Registered Charity clients (“Charities”) (together, the “Service”). We claim Gift Aid on donations identified to us on each Charity’s behalf where we have authority to do so from the Donor. It is each Charity’s responsibility to ensure that all donations identified to Swiftaid are eligible for Gift Aid (as Gift Aid will be processed on all donations identified to Swiftaid).
When a Donor creates a Swiftaid account, Swiftaid will seek authorisation from the Donor to act as his/her intermediary on all donations made in that tax year to Charities using the Service. We shall keep records of authorisations for up to 6 years and shall produce such information to HMRC as required. Any Donor may cancel his/her authorisation for Swiftaid to act as intermediary for any reason and at any time. Swiftaid shall produce an annual statement for each Donor for the previous tax year and may send an email directly to the Donor to confirm it has been produced and provide instructions for access. The annual statement may include:
- the total amount of donations that were Gift Aided;
- the maximum amount of Gift Aid that can be claimed on donations; and
- a reminder that, if you pay less Income Tax and Capital Gains Tax than the amount of Gift Aid claimed in a year, you will have to pay the difference.
Once authorised, Swiftaid will act as intermediary and will automatically add Gift Aid to eligible donations identified by Swiftaid using the bank accounts linked to your Swiftaid account. You must remove the Gift Aid from a donation within 24 hours if:
- the donation wasn’t made by yourself (e.g. a business, friends, family or a collection);
- the donation is from the proceeds of selling goods or providing a service (e.g. a cake sale, auction or car wash); or
- you are receiving a benefit from the donation (e.g. entry to an event, raffle or sweepstake).
Swiftaid also acts as an authorised agent of the Charity and shall submit the declaration to HMRC as part of a Gift Aid claim. To use the Service, you must first provide access to your personal accounts. We will automatically download/receive transaction information relating to your personal account(s) and continue to do so at certain times until you withdraw your consent to do so. You grant to us a non-exclusive, royalty-free licence to use the information in your Swiftaid account(s) for all purposes connected with the Service or referred to in this Agreement.
Swiftaid acts as an agent to each Charity to process Gift Aid on your behalf. Each Charity must at the time of registration with Swiftaid get an authorised individual(s) to complete, sign and submit Form ChV1 to HMRC in order to authorise Swiftaid as an agent. If HMRC requests information from Swiftaid to carry out compliance checks, each Charity agrees to timely provide all reasonable assistance as requested by Swiftaid. Each Charity is responsible for ensuring donations are eligible and each Charity shall indemnify Swiftaid against any and all fines, penalties or other costs and expenses incurred by Swiftaid in connection with any act or omission of the Charity or any other third party other than in accordance with this Agreement.
- Each Charity warrants and represents to Swiftaid:
- that donations identified to us as being eligible for Gift Aid meet the qualifying donation requirements set by HMRC; and
- that the Charity does not and will not claim, or allow any third party to claim, any Gift Aid benefit (including GASDS) on any previously-identified donations without first confirming to Swiftaid.
- Each Donor warrants that:
- all donations identified hereunder are eligible for Gift Aid and comply in all other respects with UK law
- The Donor is a UK taxpayer;
- The Donor will cancel any declarations that are not eligible for Gift Aid; and
- The Donor will ensure and procure that Gift Aid is never double claimed on any donation made by the Donor.
- To the extent permitted under applicable law, the Service is provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Swiftaid, as well as any provider, makes no warranty that:
- the Service will meet your particular requirements;
- the Service will be uninterrupted, timely, secure, or error-free;
- the results obtained from the use of the Service will be accurate, complete, reliable or effective; or
- the quality of any content or services obtained by you from the Site or the App, from us, or from any third parties’ websites to which the Site or the App is linked, will meet your expectations or be free from mistakes, errors or defects.
- The use of the Service or the downloading or other acquisition of any materials or content through the Service or through third parties’ or provider’s websites, is done at your own risk and with your agreement that you will be solely responsible for any loss or damage that results from such activities.
No Fees are charged to Donors. For provision of the Service, Swiftaid charges each Charity a service fee for the Gift Aid processed through the Service (“Fees”). Fees are as set out from time to time on the relevant pages of the Site and the App. Please note that Fees are subject to change by posting new Fees on the Site and/or the App at any time. All Fees are inclusive of any applicable VAT (or sales tax) unless otherwise stated. We reserve the right to suspend the Service (or any particular User’s or Charity’s use of the Service) at any time if collection of the Fees is not commercially or practically viable for any reason.
By using your credit or debit card, you confirm that the card belongs to you. By using the Services via the Site or the App, you warrant that you are legally capable of entering into binding contracts and that you have agreed to be bound by this Agreement.
Please note that online services cannot be returned or refunded. Swiftaid shall not be held responsible for any provision of service or electronic delivery that is incompatible with your operating system or other problems specific to your device. If you are in doubt as to whether or not the Service is suitable for your requirements, please carefully evaluate the Service before registering to use the Service. If you are still unsure, you may contact us via firstname.lastname@example.org for further information. Nothing herein affects your statutory rights.
The Site, the App and the Content are intended only for the purposes specified or implied therein, and your use of the Site, the App and/or Content is entirely at your own risk. Please note that, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Swiftaid, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site, the App and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site, the App or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site, the App and the Content (or under UK or local law). The Content is for your personal use only, and is not for re-distribution, transfer, assignment or sublicense.
12. User Conduct
You agree to obey all applicable laws in using the Site and the App, and agree that you are responsible for the content and/or communications you send to or initiate via the Site and the App. You agree that you are responsible for everything that you transmit to or in relation to the Site and the App and you specifically agree (in relation to the Site and/or the App):
- not to participate in any form of activity which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive or otherwise includes objectionable material;
- not to engage in any commercial activities not approved in writing by Swiftaid;
- not to register more than one account for yourself or anyone else;
- not to input or transmit content that contains software viruses or any other computer code, files, or programs that are 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 any third party;
- not to input or transmit content that contains anything which could be used to determine or alter the architecture of the Site and/or the App, or could be used to decompile, disassemble, or reverse engineer the Site and/or the App;
- not to collect personal data about other users for commercial or unlawful purposes;
- not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Swiftaid;
- not to impose an unreasonable or disproportionately large load on our infrastructure; or
- not to attempt to gain unauthorised access to Swiftaid’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site or the App.
13. Objectionable Material
If you encounter or become aware of any objectionable or infringing or unlawful content available anywhere on or via the Site or the App, please immediately report such material (and the specific page on which it is found), or if you believe that you are the owner of the copyright or other rights in any material appearing on the Site or the App, or if you have any other complaint about the Site, the App or any Content or other posted materials, please contact us via email@example.com (making sure to include both the Uniform Resource Locator (“URL”) for the non-complying content and the reasons you believe it does not comply). Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
14. Termination of this Agreement
Swiftaid may at any time terminate this legal Agreement, in our sole discretion without prior notice to you and without reimbursement, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites or any unlawful act or omission, including cooperating with law enforcement authorities in investigating suspected criminal violations. Your account will be terminated if, in our reasonable opinion, you are determined to be a repeat infringer.
You agree that the liability of Swiftaid to you hereunder shall be limited to the amount we have actually received for the specific relevant services provided hereunder (or, if greater, GBP£100). Except as set out herein, we shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site, the App or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Swiftaid.
You agree to indemnify us for any loss or damage that may be incurred by Swiftaid, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site, the App or the Content.
17. Trade Marks and Licence
- The brands, products and service names used in the Site, the App and the Content (including without limitation, “SWIFTAID” and the “SA” logo) are trademarks or trade names of Swiftaid or it’s trading partners unless otherwise stated.
- The charity hereby grants Swiftaid a non-exclusive, royalty-free, non-transferable licence to use their name and logo for marketing purposes when using the Swiftaid service. The charity further hereby consents to Swiftaid displaying their logo on Swiftaids website and promotional material as an entity that Swiftaid is working with.
You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site, the App and/or the Content in any manner. If you in any way Interfere with any of these, you agree to pay all damages we incur as a result. We will cooperate with the authorities in prosecuting any User who Interferes with the Site, the App, the Content or otherwise attempts to defraud Swiftaid or any other parties through your use of the Site, the App or the Content or any services provided hereunder. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Site, the App and/or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
19. No Partnership
Your use of the Site, the App and/or the Content creates no partnership, client, fiduciary or other professional relationship.
20. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
22. No Waiver
No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
This Agreement may be varied from time to time by our posting new terms on the Site and/or the App, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site and the App (or other such date as shown in such notice). Your continued use of the Site, the App and/or the Service constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Site and the App in order to provide a better experience for Users and you hereby acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you.
24. Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.
25. Contacting Us
If you have any questions, please contact us at the following address: Streeva Ltd, Surrey Technology Centre, 40 Occam Road, Guildford, Surrey, GU2 7YG, UK, or email us via firstname.lastname@example.org.