Jack Clough

We may revise these Terms from time to time, for example to reflect changes in the way our site works or new laws. Please come back and read these terms again and if you do not agree with any changes then please stop using the site immediately. If you continue to use the site we will assume you've accepted the new terms.

1. About Memory Giving
   1. The website at domain www.memorygiving.com ("Site") is a website operated by Purple Patch Management Limited, registered in England and Wales under company number 07445937 with its registered office at 36 Eldon Road, Reading, RG1 4DL and trading as Memory Giving (“we”, “us” or “our”).
   2. If users of the Site (“you”, “your” or “yourself”) have any questions about these Terms or any problems accessing or using the Site or any of its contents please contact theteam@memorygiving.com.
2. Website Terms
   1. These Terms inform you of the terms of use of browsing the Site and accessing the content and services provided to you by us on or from the Site (collectively the Service).
   2. Your legal agreement with us is made up of:
      1. these Terms; and
      2. our Privacy Policy, which sets out the terms on which we process any information collected about you from, and the cookies we use on, the Site. By using the Service, you consent to such processing and you warrant that all information provided by you is accurate.
   3. The Service is provided to you for your personal use subject to these Terms. By using the Service, you accept these Terms. If you do not agree to be bound by these Terms, do not continue to access the Site or use the Service.
3. Donating using our Site
   1. Our Site allows the creation of specific pages on the Site to facilitate charity donations in memory of a deceased person (each a Fund Page).
   2. You may access a Fund Page to make donations to a specific charity or charitable organisation (the “Recipient”).
   3. Each Fund Page will accept donations for a default period of 6 weeks (although this can be reduced to 4 weeks or increased to 8 weeks if desired) from the date the page goes live and the closure date of the page will be displayed on the Fund Page.
   4. The online donations process is outsourced to a third party and you may make donations by using credit cards and debit cards. We cannot accept payment by cash or cheque and we will make reasonable endeavours to return cash or cheques to you.
   5. The details of your donation including the amount and the Recipient will be displayed to you before the payment is processed. Please ensure you check these details carefully and make any corrections using the on-screen directions before proceeding to finalise your payment.
   6. As soon as you confirm to us via the Site that you wish to proceed with your donation we will process the transaction by requesting funds from your credit or debit card provider. Once your credit or debit card provider approves the transaction and we have received clear funds we will allocate these to the appropriate Recipient on your behalf.
4. Information we need from you
   1. To allow us to process a donation you must provide us with the following information:
      1. your name, address and email address; and
      2. details of the credit or debit card that you will be using to make your donation.
5. Our Fees
   1. We do not charge you for using our Site and/or Service and Recipients do not pay a fee to register with us.
   2. Instead we deduct a small amount from each donation to cover the cost of providing the Site.
   3. We will deduct from your donation:
      1. our fee of 5%; and
      2. a transaction fee of 2%.
   4. We do not charge an administration fee for collection of Gift Aid on behalf of the Recipient.
6. Gift Aid
   1. Each Recipient has authorised us to collect donations and, where permissible, reclaim Gift Aid for them under the Gift Aid Scheme.
   2. Donating through Gift Aid means that the Recipient can claim an extra 25p for every £1 you give will no extra cost to you.
   3. To boost the value of your donation we submit a claim to HMRC to claim Gift Aid on your donation. To do so, we require you to confirm during the process of making a donation that you are:
      1. a UK taxpayer;
      2. eligible for Gift Aid; and
      3. authorising us to collect Gift Aid on your behalf.
   4. It is your responsibility to decide whether or not you are eligible for Gift Aid and if in doubt we recommend you check with HMRC.
   5. A Recipient that has registered with us for Gift Aid collection has a contractual agreement with us authorising us to reclaim Gift Aid on its behalf where they have registered and/or are eligible to receive Gift Aid.
7. Use of your donation
   1. Donations to each Recipient will be aggregated from each Fund Page featuring that Recipient and funds will be transferred to each Recipient on a weekly or monthly basis depending on the instructions of the Recipient. The Gift Aid Claims will be processed by us on a monthly basis.
   2. The use of any donation you make is entirely at the discretion of the Recipient you have chosen to donate to and we do not accept any responsibility for the use or non-use by the Recipient of your donation. It is your responsibility to ensure that you understand the stated objective of the Recipient and to satisfy yourself that the Recipient is genuine and suitable to receive your donation.
   3. We cannot guarantee that your donation will be earmarked for any particular appeal or specific purpose. If you want your donation to be used in any specific way you should contact the Recipient directly to arrange this.
8. Refunds
   1. If you have changed your mind about a donation and wish to get a refund, you must contact us by e-mail theteam@memorygiving.com within 24 hours of making the donation.
   2. We will not be able to process any requests for refunds received after 24 hours as all donations are processed as soon as possible. You will not be entitled to receive any proportion of any sum of Gift Aid in relation to your donation.
   3. If you become aware of fraudulent use of your payment details, or if your card is lost or stolen, you must notify your card provider immediately.
   4. We will never contact you by phone or email asking you to provide your payment details.
9. Accessing our Site
   1. Access to our Site and use of our Service is permitted on a temporary basis, and we do not guarantee that either will always be available or uninterrupted. We may suspend, withdraw or change all or any part of the Site or Service without notice. We will not be liable if for any reason the Service or any part of it is unavailable at any time or for any period.
   2. You are responsible for making all arrangements necessary for you to have access to the Site and/or Service. You are also responsible for ensuring that all persons who access the Site and/or Service through your internet connection are aware of these Terms and that they comply with them.
   3. If you are under the age of 16 years old you must obtain the permission of your parent or guardian to use the Site.
   4. The internet is not a secure medium and privacy cannot be assured. We therefore do not accept responsibility for any harm or damage you may experience or incur by sending personal or confidential information to us over the internet or if we send you such information at your request.
10. Acceptable use of our Site
    1. Your permitted access to and use of the Site and Service is governed by the following conditions:
       1. You agree that you will comply these Terms at all times while using our Site and/or Service.
       2. You agree that failure to comply with these Terms will constitute a breach of these Terms, which may result in us terminating or suspending your access to the Site and/or Service.
       3. You acknowledge and agree that we reserve the right to remove any content, in whole or in part, that violates these Terms, or for any other reason at our sole discretion.
       4. You can flag this to us at theteam@memorygiving.com by emailing us about content that appears to violate these Terms.
    2. You acknowledge and agree that:
       1. you must ensure that your use of the Site and/or Service and any content you place on the Site is lawful, ethical and respectful of the legal rights and interests of other people and in accordance with these Terms and not in any way be defamatory, abusive or offensive;
       2. your use of the Site and/or Service will not break any law or encourage any illegal act;
       3. you will not infringe the copyright, privacy, confidentiality or other right of any other person or organisation, or assist any person to infringe the rights of another. If you use someone else’s personal information, image or material you must make sure you have their permission first;
       4. you will not access content through any technology or means other than the facilities provided by the Site and/or Service and for any reason other than your personal, non-commercial use as intended and permitted by us;
       5. you will not introduce any viruses, worms, trojan horses, logic bombs or other similar destructive code or malicious material to the Site. You must not attempt to gain unauthorised access to the Site, the servers on which it is stored or any server, computer or database connected to the Site, nor attack the Site using a denial of service attack or a distributed denial of service attack;
       6. you will not use the Service for the promotion, organisation or facilitation of acts that may be harmful to other people, including, but without limitation, acts of terrorism, bullying, and/or physical or sexual abuse or violence;
       7. you will notify us as soon as you become aware of any offensive or inappropriate content that is on our Site or accessible via our Site through a link to a third party web site or resources by using the flagging capabilities on our Site.
11. Our Intellectual Property Rights
    1. We are the owner or licensee of all intellectual property rights in the Site and Service and all design, text, pictures, graphics (and the selection and arrangement of them), software compilations, coding, underlying source code, software and all such materials forming part of the Site, excluding any Third Party Content as defined in paragraph 12.3 (“Our Content”).
    2. You may print off one copy, and may download extracts, of any page(s) from our Site which you are entitled to access for your personal, non-commercial reference and you may draw the attention of others within your organisation to material posted on our Site. You must keep intact all and any copyright and proprietary notices.
    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
    5. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or from our licensors.
    6. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
12. Third Party Sites
    1. Where our Site contains links to other sites and resources provided by third parties these links are provided for your information only (Third Party Sites).
    2. We have no control over the content of Third Party Sites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing Third Party Sites via our Site we advise you check the terms of use and privacy policies of the Third Party Sites to ensure compliance and determine how they may use your information.
    3. The copyright, trade mark rights and all other intellectual property rights in any materials or content forming part of any Third Party Sites belongs solely to the third party owners of the site or their licensors (Third Party Content). Such Third Party Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited without the prior written consent of the owner of the Third Party Site or terms of use of that Third Party Site.
13. Exclusion of Warranties
    1. Nothing in these Terms shall affect any statutory rights that you are entitled to and that you cannot contractually agree to waive or alter.
    2. We provide the Site and Services on an “as is” basis, and we make no representation or warranty to you in respect to them, in particular, we do not warrant or represent that:
       1. your use of the Site and/or Service will be uninterrupted, secure, timely or free of error;
       2. any information obtained by you as a result of using the Service will be reliable, complete, accurate or up-to-date; or
       3. your use of the Service will fulfil your expectations or requirements.
14. Limitation of Liability
    1. If you are a Funeral Director using our Site and/or Service our liability to you is set out in paragraph 5 of the Additional Terms for Funeral Directors below.
    2. Save in respect of paragraph 14.1, by agreeing to these Terms you accept that you use our Site and/or Service at your own risk. To the full extent permitted by law we are not liable for any loss or damage caused to you through use of our Site and/or Service.
    3. Nothing in these Terms shall exclude or limit any statutory rights which cannot be excluded or limited due to you acting as a consumer. Any provision which would be void under any consumer protection legislation or other legislation shall to that extent, have no force or effect
15. Linking to the Site
    1. If you are a Funeral Director using our Site and/or Service this paragraph 15 is replaced by paragraph 3 of the Additional Terms for Funeral Directors below.
    2. You may not frame or permit another to frame the Site on any other website.
    3. You must not establish a link that suggests any form of association, approval or endorsement with or from us where none exists.
    4. We reserve the right to withdraw permission to link to the Site at any time and without notice.
16. Changes to the Site
    1. We may update the Site and/or Services at any time, and may change the content at any time. Please note that any of the content on the Site may be out of date at any given time and we are under no obligation to update it.
17. General
    1. You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business or person where we reasonably believe your rights will not be affected.
    2. If you breach these Terms and we choose not to take immediate action, such inaction shall not constitute a waiver of our rights and remedies and we will still be entitled to use such rights and remedies at a later date or in any other situation where you breach the Terms.
    3. These Terms are subject to the laws of England and Wales and both of us agree to the non-exclusive jurisdiction of the courts of England and Wales. If you are a consumer that is a resident in the European Union, you may bring proceedings in the member state of The European Union in which you are resident.
    4. Purple Patch Management Limited is the owner of all rights in the trade mark and the logo “Memory Giving”. You may not use or authorise others to use the mark and/or the logo without our prior express consent.
    5. If you have any concerns about material which appears on our Site or other queries, please contact us at: theteam@memorygiving.com.