General Terms & Conditions
Last updated: June 7, 2019
Dobook Limited (“Dobook” “whatCharity” “we”) is an online service available at www.whatcharity.com (the “Website”) that makes use of a digital platform. This digital platform connects and matches charities, individuals and companies alike (the parties). Consequently, Dobook only acts as an intermediary between the parties and does not provide any services outside of that scope.
The Website and digital platform is owned and operated by Dobook Limited, registered number 10236472, whose registered office is at Avonlea Bush Lane, Send, Woking, Surrey, England, GU23 7HP.
The following Terms of Service (“Terms”) set out the legally binding agreement under which the parties are permitted to use the Website and digital platform as well as the services provided on it (collectively the "Platform"). You will be required to agree to these Terms of Service when visiting or accessing the Platform.
If you do not agree to these Terms, you must not use the Platform.
whatCharity reserves the right to accept or reject any subscription to the Platform at our sole and absolute discretion. We reserve the right to make changes to these Terms from time to time at our sole discretion. Your use of the Platform will be subject to the most recent version of the Terms posted on the Platform at the time of use.
1.1. Once you attempt to access and use the Platform provided by whatCharity, this constitutes your agreement to and acceptance of these Terms. If you do not agree to these Terms you must not use our Platform.
1.2. In addition to agreeing to these Terms you accept that:
1.2.1. As a charity, you will comply with the Terms for the Charity;
1.2.2. As an individual, you will comply with the Terms for the Individual; and
1.2.3. As a company, you will comply with the Terms for the Company.
2.1. In order to access and make use of the Platform to the maximum extent, you must login via social media and this will register an account and create a profile which you can update. Without a profile, browsing will be limited to the home page, limited search results and there will be no access to the Projects, their impact or the needs data. We are under no obligation to accept any individual on the Platform, and may accept or reject any application at our sole and complete discretion. In addition, we may deactivate any profile at any time, including, without limitation, if it is determined that a Charity, Company or Individual has violated these Terms.
2.2. To publish a profile as a Charity, you must:
2.2.1. Provide details such as your Charity name and registration number, a contact name and email address for us to verify your Charity and to publish your Charity’s basic details with Charity Commission. , password and details of your charity.
2.2.2. By claiming your profile you will automatically sign up for a free service and have an option to subscribe to premium subscription/service, either to pay monthly or by discounted annual subscription. Further details can be found here: https://about.whatcharity.com/charities
2.3. To create a profile as an Individual, you must:
2.3.1.Confirm you are over 18 years old or over;
2.3.2.Sign up via social media and provide details such as your first name, last name and email address.
2.4. Once the Charity or the Individual has created a profile, they will receive confirmation of their registration on the Platform via email.
3.1. whatCharity’s role is as an intermediary role only. The Platform connects Companies, Charities and Individuals and facilitates people to work on projects together in order for the Charities to become more impactful and efficient (each a “Project”). whatCharity is not involved in the organisation, the provision or the location of the Projects.
3.2. The Charities may use the Platform to post and list Projects that Individuals and/or Companies may be interested in assisting with or working on.
3.3. The Platform charges subscription fees that is specified on the website (https://about.whatcharity.com/charities) for the services. The Charity may also specify both money and skills that it would benefit from which may be updated from time to time and will depend on the services required for each Project.
3.4. whatCharity is not a party to the agreement the Company and/or Individuals may enter into with the Charity. Although we intend for our Platform to be beneficial for Charities, Companies and Individuals, we cannot be held liable for the conduct of any of the parties.
3.5. We have the right to remove or request withdrawal of any Project listed by the Charity or any Project booked by an Individual or Company or any transaction made between the parties. If whatCharity reasonably believes any Project does not comply with our Terms, the Project will be removed or whatCharity will request the removal of the Project from the Platform.
PAYMENT FOR THE SUBSCRIPTION OR SERVICES
4.1. The payment for the subscription or services shall be as set out on the website at https://about.whatcharity.com/charities
TERMS FOR THE INDIVIDUAL
5.1. An Individual can sign up to assist with a Project that is posted by a Charity on the Platform.
5.2. You acknowledge that you are part of a separate contract with the Charity and this contract is a binding agreement. The Charities do not act on behalf of whatCharity.
5.3. whatCharity will not be held liable for any loss or liability suffered by you as an Individual due to the acts or omissions of the Charity.
5.4. The Individual shall wholly and exclusively comply with the Charities’ terms.
TERMS FOR THE CHARITY
6.1. The Charity will post about their Project.
6.2. The Charity shall specify and update the details regarding the money, volunteering and goods requests that it would benefit from. These details shall be updated based on the support required for each Project. The Charity is entitled to add any website, email address or other link behind each resource request to guide the users to providing such detail.
6.3. As a Charity, you understand that you are part of a separate contract with the Individual(s) and any other third parties the Charity engages with in terms of the required facilities for the Projects.
6.4. The Charity shall use all reasonable endeavours to meet their obligations in terms of the Projects and the Charity warrants to the Individual that the Projects will be provided using reasonable care and skill.
6.5. whatCharity will not be held liable for any loss or liability suffered by the Charity due to the acts or omissions of the Individuals.
6.6. The Charity is responsible for any compensation due to the Individual as a result of any loss or damage. whatCharity is not liable for any non-compliance on your part.
6.7. The Charity will be prevented from using the Platform if they are found to be creating false Projects.
6.8. As the Charity, you:
6.8.1. Confirm you are registered with the Charity Commission England and Wales;
6.8.2. Expressly acknowledge and agree that content you submit on the Platform will be accessible by others and there is no confidentiality or privacy with respect to such content, including, without limitation, any personally identifying information that you may make available;
6.8.3. Acknowledge and accept that any content that you upload onto the Platform is wholly your responsibility and you warrant that you have the necessary rights for the content that you upload on the Platform and any publication of said content will not infringe upon the rights of any third parties (including Intellectual Property Rights).
6.8.4. Understand that the content you upload will not be constantly monitored by whatCharity, however, if we do find that the content you upload does not comply with these Terms, that content is subject to removal by us;
6.8.5. Retain all Intellectual Property Rights in and to your own content. By uploading your content on to the Platform you hereby give whatCharity a non-exclusive, royalty-free, irrevocable, sublicensable, transferable, perpetual license to modify, compile, combine with other content, copy, record, synchronise, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your content as reasonably necessary to provide the Platform; and
6.8.6. Agree that you shall not post any content which is infringing, offensive or threatening. If any content posted is later found to be infringing, offensive or threatening, you hereby agree to remove it immediately. If you fail to do so, whatCharity reserves the right to remove the relevant content.
TERMS FOR THE COMPANY
7.1. Companies shall only be permitted to use the Website in line with these Terms and shall be bound by any additional terms for consultancy and or other “Company Services” agreed between whatCharity and the Company.
ALL PARTIES RIGHTS AND RESPONSIBILITIES
8.1. Subject to your agreement and compliance with these Terms, you are granted during the term of this agreement a non-transferable, non-exclusive, non-sublicensable license to access and use the Platform for your personal use.
8.2. As a Company, Charity or an Individual, you must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Platform is stored or any server, computer or database connected to our Site.
8.3. When you use the Platform you accept that you will not:
8.3.1. breach any relevant laws that apply;
8.3.2. breach any of the Terms;
8.3.3. post any threatening, abusive, defamatory, obscene, inappropriate or indecent material, or material that is invasive of another’s privacy;
8.3.4. share or otherwise upload or communicate any misleading or false information or messages of any kind;
8.3.5. use the Platform to intentionally deceive others;
8.3.6. use the Platform to stalk or otherwise harass others;
8.3.7. interfere with the proper working of the Platform;
8.3.8. copy, modify, or distribute any other person’s content without their consent;
8.3.9. collect information about other Companies or Individuals, including email addresses, postal addresses, phone numbers, credit card or banking information or similar information without their explicit consent;
8.3.10. write and post reviews that are anything other than true and accurate to the best of your knowledge; and
8.3.11. impersonate any person or misrepresent your affiliation with a person or entity.
8.4. You indemnify whatCharity against any threatened legal proceedings or claims issued against whatCharity by another person on the basis of your breach of the Terms.
8.5. As a Charity or an Individual, your account may not be shared with or transferred to another person. You must keep your account details secure and you are solely responsible for all activity carried out on or through your account. If you do not take all reasonable steps to protect your account information, whatCharity is not liable for any losses incurred as a result of your account being accessed or used by someone else.
CHANGE AND CANCELLATION OF PROJECTS
9.1. Changes made by the Charity:
9.1.1. If the Charity changes details in terms of the Project, an email will be sent to the Individuals informing them that these details have been changed.
9.2. Cancellation by the Individual:
9.2.1. An Individual may decide not to participate in the Project.
ACCESS AND AVAILABILITY TO PLATFORM
10.1 whatCharity will use all reasonable endeavours to ensure that our Platform is fully operational at all times. However, we do not guarantee that our Platform will always be available or be uninterrupted. We will not be liable to you if for any reason our Platform is unavailable at any time or for any period.
10.2. whatCharity are responsible for making all arrangements necessary for you to have access to our Platform. You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
10.3. We reserve our right to restrict, suspend or terminate your use of this Platform or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms.
11.1. We are the owner or the licensee of all Intellectual Property Rights in our Platform.
11.2. Unless any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply, Companies and Individuals agree not to otherwise reproduce, duplicate, copy, resell or in any other manner re-use or exploit any part of our Platform or the content on our Platform unless given express written permission to do so by us.
11.3. The Charities, Companies and Individuals have no Intellectual Property Rights arising from the Platform and you will not use the material on our Platform save as in accordance with these Terms. It is your sole responsibility to ensure you have all necessary rights and licenses to use and/or post Projects and content to the Platform.
12.1. We work with chargebee.com & Stripe to manage our subscription plans and secure payment process. This means that the chargebee.com and Stripe Terms of Service are applicable to you and by accepting these Terms you are accepting their agreement as well.
12.2. As payment is processed through Stripe, we require you to covenant that any details you are providing to us about yourself are neither fraudulent nor inaccurate and you give whatCharity authorisation to share such information with Stripe.
12.3. All of the charges that apply are to be paid in Pounds Sterling.
13.1. The Charities’, Companies’ and Individuals’ liability
13.1.1. The Terms within this agreement do not limit your liability for fraudulent misrepresentation, death or personal injury resulting from your own negligence.
13.1.2. When providing information through the Platform, you must give true and accurate details of the Project.
13.2. whatCharity’s liability
13.2.1. The Terms within this agreement do not limit our liability for fraudulent representation, death or personal injury from the negligence of our employees.
13.2.2. whatCharity is required by law to exercise all reasonable care and skill.
13.2.3. whatCharity does not endorse or guarantee any Company or Individual of the Platform or make any assertions as to trustworthiness. You use the Platform at your own risk.
13.2.4. whatCharity is not responsible for the acts or omissions of a third-party using the Platform. We act as an intermediary in regard to the agreement between the Charities, Companies and Individuals on the Platform. We do not accept any liability for either party’s performance within the agreement.
13.2.5. whatCharity shall not be responsible for the following:
22.214.171.124. Any secondary or indirect loss, consequent to a direct damage, which was not reasonably foreseeable upon entering the contract;
126.96.36.199. the content uploaded by Companies and Individuals which is defamatory, unlawful, inappropriate, abusive, offensive or threatening or in any way impeaching on another’s right which would constitute a criminal offence and give rise to civil liability or otherwise violate any other applicable law;
188.8.131.52. any loss which did not result from our direct breach; and
184.108.40.206. the failure to meet our obligations under this agreement where failure has occurred from events that were not in our control. This means a circumstance where the cause was beyond our reasonable control which became an obstacle to completing the Service.
14.1. Disputes between the Charities, Companies and Individuals:
14.1.1. If there is a dispute between a Charity, Company and/or an Individual, the parties have agreed to release whatCharity from any claim, demand or damage of any kind and nature that arises from the dispute, both knowing and unknowing.
14.1.2. If the parties are unable to resolve the issue, we will make all reasonable efforts to mediate an equitable outcome.
14.2. Disputes between the parties and whatCharity:
14.2.1. In the event that a Charity, Company or an Individual has a dispute with us, please contact us directly so a resolution can be found. whatCharity will take into account reasonable requests to work through the dispute through alternative dispute resolution methods such as mediation.
14.2.2. Any court proceedings must occur within the United Kingdom. If you are resident in England and Wales then the laws of England and Wales shall apply.
15.1. For the purposes of this agreement, Force Majeure Event means an event beyond the reasonable control of the parties including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
15.2. whatCharity shall not be liable as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.
NO PARTNERSHIP OR AGENCY
16.1. Nothing in the agreement is intended, or shall be deemed, to establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
17.1. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England and Wales.
18.1. If any of the content posted or submitted to the Platform by another user makes you feel threatened, discriminated, abused or otherwise uncomfortable, or if you believe any such content is offensive or otherwise breaches these Terms, please contact us at firstname.lastname@example.org