terms and conditions

TERMS OF SERVICE FOR DONORS

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.

TERMS OF SERVICE FOR FUNERAL DIRECTORS

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.
ADDITIONAL TERMS FOR FUNERAL DIRECTORS

If you are a funeral director the following terms form part of your agreement with us and are to be read in conjunction with the general Terms above.

  1. Registering on the Site
    1. You will not be able to create a Fund Page unless you register with our Site. Your personal details must not be passed to a client or a family member or friend of the deceased whose fund page you create.
    2. Once you have registered, you can set up additional user accounts under your registration. It is your responsibility to ensure that each authorised user has read and complies with these Terms.
  2. Creating a Fund pages
    1. In order to create a Fund Page you will need to provide us with the following information:
      1. the deceased person’s name, age and a small message about the deceased. You may also provide us with a photograph of the deceased if the next of kin has provided you with one for use on the Fund Page;
      2. the name and contact details of the next of kin of the deceased (which will not be visible on the Site or disclosed to other users but which will be passed to the charity concerned to enable them to acknowledge the fundraising).
    2. You will be required to select the charity or charitable organisation chosen to be the Recipient. It is your responsibility to ensure you have selected the correct Recipient as instructed by your client in memory of the deceased and MG shall not be liable if you have selected the wrong charity or charitable organisation when creating a Fund Page.
    3. If the desired charity is not on the available list currently shown on this Site, please follow the “request charity” process, details of which will be sent to you via email along with your individual log in and password.
    4. A Fund Page will not go live before you have confirmed that all information on the draft Fund Page is accurate. Once it is live, a Fund Page will show the following:
      1. the logo and contact details of the relevant funeral director;
      2. the name of the deceased and the deceased’s photograph if the deceased’s next of kin has provided one to you for the purpose of including on the Site; and
      3. the Donor’s name, message and value of the donation (unless the Donor chooses to keep this information anonymous).
    5. Each Fund Page will be able to accept donations for an initial period of six weeks from the date that the Fund Page is made live on the Site. After that, the fund page will remain live but unable to accept donations, unless arrangements have been made to extend the initial period by request to admin@memorygiving.com.
    6. Where you are passing the personal information of the deceased’s next of kin to us as part of the creation of the Fund Page, you agree to:
      1. provide a contact email address of the next of kin to enable us to send a copy of our privacy policy to them to comply with our obligations under the GDPR; or
      2. where you do not wish to provide us with the contact information of the next of kin, you agree to send a copy of our privacy policy (which can be found here) to the next of kin whose personal data you have provided us with.
  3. Linking to/from the Site
    1. You may link to our home page from the home page of your company website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    2. You must not establish a link from any domain name / website that is not owned by you.
    3. Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy set out above.
    4. If you wish to make any use of material on our Site other than that set out above, please address your request to admin@memorygiving.com.
    5. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
  4. Intellectual Property
    1. You hereby grant us a royalty-free perpetual irrevocable non-exclusive licence to use any intellectual property rights in your name, brand and logo solely for the purpose of performing the Services pursuant to these Terms.
  5. Our liability to you
    1. We shall have no liability for defective Services where the defect has been caused or contributed to by you to the extent so contributed.
    2. The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy.
    3. All warranties, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law.
    4. We shall have no liability for any;
      1. expenses, loss of profits and/or damage to goodwill
      2. pure economic and/or similar losses;
      3. special damages;
      4. aggravated, punitive and/or exemplary damages;
      5. consequential losses and/or indirect losses;
      6. loss of and loss of use of and/or corruption of data;
      7. security breach by any third party in relation to any communications network; and/or
      8. business interruption, loss of business, loss of contracts, loss of opportunity and/or loss of anticipated savings.
    5. Nothing in these Terms shall exclude or limit our liability for death or personal injury due to its negligence or any liability which is due to its fraud or any other liability which it is not permitted to exclude or limit as a matter of law.
    6. Subject to the foregoing provisions as to liability, our liability for all losses, expenses, costs, fees or charges arising out of or in relation to this site are limited to the sum of £10,000 per claim.

Purple Patch Management Limited T/A Memory Giving
36 Eldon Road
Reading
RG1 4DL
United Kingdom
Tel: 0118 979 9633

Thank you for visiting our Site, we’re extremely grateful for your support.


TERMS OF SERVICE FOR CHARITIES

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR WEBSITE.
  1. 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 (”MG").
    2. Our Site allows friends and family to make online donations to charitable organisations in memory of a deceased family member or friend via a fund page.
    3. References to “you”, “yours” or similar are references to you as a charity or other eligible organisation that has applied to MG and/or been registered by MG as a member.
    4. If you have any questions about these Terms or any problems accessing or using the Site or any of its contents please contact admin@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. Becoming an MG Member
    1. There is no charge for becoming a member of MG but you will not be able to use the full services offered by our Site unless you register for an account with us.
    2. We cannot complete your account registration until we receive (amongst other things) a hard copy of an accurately completed HMRC form ChV 1, which enables us to act as a claims agent in respect of Gift Aid on the charity’s behalf.
    3. You will also be required to provide us with the details of your bank account (including account number and sort code) into which we will transfer any donations and/or Gift Aid we receive on your behalf.
    4. MG reserves the right to refuse any registration without explanation and you must provide MG with any additional information that we require to complete our pre-registration checks.
    5. Once your registration is confirmed we will send you an activation email confirming that your registration is complete, at which point you, will be deemed to be a Member. Your membership will continue until terminated in accordance with paragraph 7. MG will provide each Member with a password-protected account which can be accessed through the Site (“Account Details”).
    6. MG can accept donations on behalf of a charity or charitable organisation that is not a Member, however, we will not be able to claim Gift Aid in respect of such donations and we will not be able to provide you with information about the deceased’s next of kin for the purpose of you sending an acknowledgment of the total donation.
  4. MG’s Obligations
    1. MG can only process online donations and will not accept any cheques or cash from donors. If cheques or cash are received these will be returned to the sender where possible.
    2. MG will hold any funds received on your behalf in MG’s separate charity bank account until the funds are paid to you in accordance with these Terms. You will not earn or be entitled to any interest on the sums that MG holds and/or processes for you.
    3. Where appropriate to do so, MG offers all donors the option of making their donations eligible to reclaim Gift Aid (subject to the donor's declaration of eligibility).
    4. MG is not responsible for checking the accuracy of any information provided by a donor in respect of Gift Aid and MG accepts no responsibility for the use of incorrect or out of date information in respect of a Gift Aid claim.
    5. MG will apply to HMRC to reclaim Gift Aid in compliance with HMRC recommended practice. If any Gift Aid sums claimed are challenged or refused by HMRC then you will be responsible for addressing the matter with HMRC and/or reimbursing any sums to HMRC directly.
    6. MG accepts no liability in respect of Gift Aid that has been wrongly claimed or that has not been claimed where the donor was eligible to make such a claim.
  5. The Charities Obligations
    1. It is important that you treat your login details as confidential, and that you do not disclose them to any third party. If you suspect or know of any breach of your account details you must notify us immediately at admin@memorygiving.com.
    2. You agree that you will comply these Terms at all times while using the Site and/or Service. We have the right to suspend or withdraw your account and disable any user identification code or password, whether chosen by you or allocated by us, if in our opinion you have failed to comply with any of the provisions of these Terms.
    3. You are solely responsible for the accuracy of the information provided during the registration process. If you enter partial or inaccurate registration information (intentionally or otherwise) you will not have complied with the requirements of registration and your account may be temporarily or permanently disabled.
    4. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms, and that they comply with them.
    5. You shall at all times comply with all relevant data protection legislation and guidelines.
    6. It is your responsibility to inform us of any changes to the bank account details that you have provided to us during the registration process. You must notify us of any changes in good time before a transfer is due to be made so that we can amend the payment information in our system. We will not be responsible for any payment that is delayed or incorrectly made.
    7. You is responsible for ensuring that any donations paid to you through the MG Site are used by you in accordance with any stated purpose or specific fundraising appeal. MG takes no responsibility for the use, non-use or misuse of any donations made via the Site.
  6. Payments of donations to you
    1. MG will transfer to you any donations collected on your behalf will be aggregated from each fund page featuring your charity and funds will be paid to you on a weekly or monthly basis depending on your instructions to us.
    2. Gift Aid claims will be processed by us on a monthly basis and any Gift Aid contributions will be transferred to you within a reasonable period of receipt from HMRC.
    3. Transfer of donations to your nominated bank account will be made via Bankers Automated Clearing Services ("BACS") and therefore should be received by the end of the third business day following the date of transfer. Gift Aid contributions will be transferred to you directly by HMRC.
    4. Donations are only accepted in British Pounds Sterling.
    5. We will send you a payment remittance email in respect of any payments made to you and further information regarding payments is available via the Website log in area.
  7. Refunds
    1. If a donor requests a refund of their donation within 24 hours of making it we will endeavour to refund the donation in full. Where such a refund is granted we will endeavour to make the refund as quickly as possible from the funds held on your behalf.
    2. After this 24 hour period, if we receive any request from a donor for a refund of their donation to you we will pass these requests to you to take up directly with the donor.
    3. We will also return the donation to the donor where we are satisfied that the payment was unauthorised, in which case we shall have no further lability to you in respect of such reimbursement to the donor. If a Gift Aid contribution has been transferred to you in respect of an unauthorised donation that is subsequently refunded you will be liable for re-payment of the Gift Aid contribution to HMRC.
  8. Accessing the Site and Cancellation
    1. MG may disable your Account Details and/or terminate your membership at any time without explanation to you.
    2. If you wish to cancel your membership you can do so at any time by provided us notice in writing to: Memory Giving, Eldon House, 36 Eldon Road, Reading, RG1 4DL.
    3. MG will cease to collect donations on your behalf within 14 days of receipt of your notice to cancel your membership or if we otherwise choose to terminate your membership. We will ensure that any donations and associated Gift Aid will be passed to you in accordance with these Terms.
    4. Both you and MG has the right to terminate immediately if the other:
      1. is wound up or becomes insolvent; or
      2. commits any act or threatens to do any act the result of which is to damage or is likely to damage the reputation of the other.
    5. 8.5 MG has the right to disable your Account Details at any time if in our opinion you have failed to comply with any of the provisions of these Terms and MG reserves the right to withdraw access to the Site and the associated services from you at its absolute discretion at any time.
  9. Our Intellectual Property Rights
    1. We are the owner or licensee of all intellectual property rights in the Site 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.
    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. 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.
  10. Your Intellectual Property Rights
    1. You hereby grant us a royalty-free perpetual irrevocable non-exclusive licence to use any intellectual property rights in your name, brand and logo solely for the purpose of performing the services pursuant to these Terms.
  11. 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 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.
  12. Linking to the Site
    1. You may link to our home page from the home page of your company website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  13. 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.
  14. 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: admin@memorygiving.com.
  15. Limitation of Liability
    1. Nothing in these Terms shall exclude or limit our liability for death or personal injury due to its negligence or any liability which is due to its fraud or any other liability which it is not permitted to exclude or limit as a matter of law. 15.2 Subject to clause 14.1, MG has taken all reasonable care in providing the Site to you but you use the Site at your own risk. MG is not liable for any loss or damage that you may suffer through use of our Site.

Purple Patch Management Limited T/A Memory Giving
36 Eldon Road
Reading
RG1 4DL
United Kingdom
Tel: 0118 979 9633

Thank you for visiting our Site, we’re extremely grateful for your support.