TERMS OF SERVICE  

  1. About our Terms

    1. Welcome to Veguary! Veguary is a platform to help individuals who register with us to raise funds for good causes by attracting donations for a pledge to maintain a vegetarian diet for the entire month of February.

    2. These Terms explain how you may use this website (“the Site”).  You should read these Terms carefully before using the Site. The majority of the sections of these terms apply to all users of the Site. Section 3 applies to those seeking to raise funds for good causes through the Site. Those people are referred to in these Terms as “Fundraisers” in these terms. Section 4 applies to those who visit Fundraisers’ profile pages on the Site and who are considering making a donation. Those people are referred to in these Terms as “Donors”.

    3. Here are some of the headlines in these terms:

      1. We are an intermediary platform. We are not responsible for the activities of donors or Fundraisers. What happens to the funds once they are passed to the Fundraisers is ultimately under the control of the Fundraiser. This means that, for example, we cannot realistically make any guarantee that donations will actually be used for the purposes stated in the Fundraiser’s profile. Donors should review the Fundraisers profile carefully and only make donations where they have satisfied themselves as to the uses to which the funds will be put.

      2. We may at any time without notice suspend any Fundraiser profile if we consider there has been a breach of these terms or our Acceptable Use Policy, or if we suspect any fraudulent or unlawful activity.

      3. We value your privacy and will use your personal data in accordance with our Privacy Policy.

      4. We will deduct the following fees from donations before they are paid to you: our service fees of 5%, plus 3.4% + 20p, to cover our payment processing costs. We recommend that you use PayPal to receive your funds, but if you wish to receive a bank transfer we will make an additional charge of £0.20 (twenty pence). The fees are inclusive of applicable VAT[AM2]. See fees explained for more info.

    4. By making a donation or providing a Profile, you agree to be bound by these Terms and the documents referred to in them.

    5. If you do not agree with or accept any of these Terms, you should stop using the Site immediately.

    6. If you have any questions about the Site, please contact us by email at info@veguary.co.

    7. Your use of the Site means that you must also comply with our Acceptable Use Policy, our Privacy Policy, and our Cookie Policy.

    8. The Site is for your personal and non-commercial use only.

    9. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at info@veguary.co.

    10. We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

    11. You must be 18 years of age or over, and resident in the United Kingdom in order to use the Site.

    12. Veguary is a platform for fundraising. We do not solicit funds on our own account or on behalf of any person or charity, but promote Profiles created and submitted by Fundraisers. Veguary and the services offered on this Site are not associated with, affiliated, or endorsed, or sponsored by any charity.

  2. What will Veguary do?

    1. We will:

      1. arrange for PayPal to hold donations in an online (PayPal) account separate from other business funds;

      2. operate the Veguary website so that donors can make online payments via PayPal, credit or debit card using our automated Get Funding application;

      3. ensure that all donations received are:

        1. paid into the online Veguary account; and

        2. paid out of the online Veguary account, within 10 working days of the funding period ending 1 March 2018 minus any service and transaction fees (see section 3.11 for our fees). If you are a Fundraiser and do not provide us with the relevant details[AM1] needed to transfer funds via our Payment Request Form within 6 months of the end of the funding period, we will send a final email reminder letting you know you have 7 days to provide the information. If you do not respond, we will apply donations made through Veguary to a similar good cause to that specified in your Profile;

      4. send a certificate via email at the end of the funding period alerting you on what funds will be debited into your account;

      5. offer recipes, diet plans, restaurants and other tips to make participating in Veguary run as smoothly as possible; and

      6. be available to communicate with you regarding any questions you may have about any of our services.

  3. Fundraiser Terms.

    1. This section of the Terms sets out terms applicable to Fundraisers.

    2. We make no guarantees as to the level of funding (if any) you will receive through your use of the Site, or that your Profile will be put or kept live on the Site for any period.

    3. You must ensure that your Profile adheres to the Acceptable Use Policy, and is true, honest and not misleading in any way. If any of your registration details change, you must notify us by email immediately to info@veguary.co.

    4. You undertake to use any donations received through the Site solely for the purposes specified in the Profile and comply with all applicable laws in providing it to the good cause you have specified in your Profile.

    5. Do not include any third party trade marks (including those of any charity or other good cause) unless you have their written permission.

    6. You are responsible for the contents of your Profile. Your Profile is created using the information you provide in the Registration Form on the Veguary site.

    7. We may suspend or remove your Profile from the Site at any time, including if we suspect that you have breached any of these Terms or the Acceptable Use Policy.

    8. You must only register for one Profile. You may not change the good cause or charity referenced in your Profile at any time after it is first displayed on the Site.

    9. We are not obliged to verify your identity, but we reserve the right to do so at any time, and our payment processor may do the same in advance of paying out any donations. If you fail to pass any verification checks, or we reasonably suspect that your use of the Site is fraudulent or unlawful, we will remove your Profile and return all donations to Donors (or apply it to a similar good cause to the one you have specified in your Profile).

    10. We do not verify the identity of any Donors.

    11. We will deduct the following fees from donations before they are paid to you: our service fees of 5%, plus 3.4% + 20p, to cover our payment processing costs. We recommend that you use PayPal to receive your funds, but if you wish to receive a bank transfer we will make an additional charge of £0.20 (twenty pence). The fees are inclusive of applicable VAT[AM2]. See fees explained for more info.

    12. You are responsible for maintaining a healthy balanced diet throughout February. It is perfectly possible to do so whilst avoiding meat, fish and poultry but if you have any doubts as to maintaining a healthy level and mix of nutrition you should consult a health professional.

    13. You agree to compensate us (and our directors) in full for any damages, losses, costs and expenses incurred as a result of a claim against us arising out of a breach by you of these Terms or the Acceptable Use Policy.

    14. Except as specified in these Terms, we will pay out to you the donations from Donors in respect of your Profile by ten working days after March 1 2018.

  4. Donor Terms

    1. This section of the Terms sets out terms applicable to Donors.

    2. You acknowledge that we are not obliged to verify the purposes to which any donations are put by the Fundraiser and we will not be responsible for any failure of a Fundraiser to apply your donation to the cause specified in the Profile.

    3. If you make a comment on a Profile, your name will be listed on the Profile in respect of which you make a donation. This will be visible by the Fundraiser and other users browsing the Profile.

    4. Your donation will be taken immediately when you make it, by means of our payment processor Pay Pal. You may not cancel a donation. This does not affect your statutory or legal rights. You can obtain advice on these rights from the Citizens Advice Bureau https://www.citizensadvice.org.uk or your local Trading Standards office.

    5. Before your donations are paid out to the Fundraiser, they are subject to the fees specified in section 3.11 above.

  5. Ownership, use and intellectual property rights

    1. This Site and all intellectual property rights in it are owned by us or our licensors. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

    2. Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust or try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

    3. Trade marks: “Veguary” and the Veguary logo are our trade marks and the names and logos of any charities referred to in the Site are trade marks of their respective owners. Other trade marks and trade names may also be used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.

    4. If you are a charity or other good cause whose name, brand or logo has been used on the Site without your permission, please contact us at info@veguary.co. It is our policy to remove Profiles which infringe others’ intellectual property rights.

  6. Submitting information to the Site

    1. You should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.

    2. We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

    3. You are responsible for ensuring that you have the necessary rights to submit any material to the site, including in any message or any Profile.

    4. By submitting any Profile or other material to the Site, you grant us the right to use it for the purposes of displaying it on the Site, and for promoting any Profile or the Site generally (including in any Veguary-related social media channel).

  7. Accuracy of information and availability of the Site

    1. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.

    2. We may suspend or terminate operation of the Site at any time as we see fit.

    3. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

  8. Links and third-party sites

1. The Site (including Profiles) may contain links or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

  1. Limitation on our liability

    1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by our negligence), we are not legally responsible for any:

      1. losses that:

        1. were not foreseeable to you and us when these Terms were formed; or

        2. that were not caused by any breach on our part;

      2. business losses; and

      3. losses to non-consumers.

  2. Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

  1. Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

  1. Variation

We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

  1. Disputes

    1. We will try to resolve any disputes with you quickly and efficiently.

    2. If you are unhappy with us please contact us as soon as possible.

    3. If you and we cannot resolve a dispute using our complaint handling procedure, we will:

      1. let you know that we cannot settle the dispute with you; and

      2. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr/.

    4. If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.

    5. Relevant United Kingdom law will apply to these Terms.

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