Terms and Conditions
Welcome to the Fund it Frog, an online service provided inter alia through www.facebook.com and www.funditfrog.co.uk ("the Service").
The Service is provided by The Find it Fairy Ltd, a company registered in England and Wales, whose registered office is at 3/94 Whitehall Court, London, London, United Kingdom, SW1A 2EL, trading as the Fund it Frog. The terms "we" "us" and "our" will hereafter refer to The Find it Fairy Ltd, trading as the Fund it Frog.
Our company registration number is 5888744.
Our contact details are as follows:
Trading address:
3/94 Whitehall Court,
London,
United Kingdom,
SW1A 2EL.
General email: help@funditfrog.co.uk
Telephone number: 020 7370 0390
The following terms and conditions apply to the use of the Service however accessed and for whatever purpose. By accessing and using the Service and/or effecting a transaction through the Service, you agree to be bound by these terms and conditions, whether or not you choose to register with us. If you do not accept these terms, you should not use the Service.
1. INTRODUCTION
1.1 The Service enables businesses and individuals to raise money for a cause of their choice by making purchases from third party websites accessed via the Service. You will be able to access many areas of the Service without registering your details with us. Certain areas of this website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting, which you should check from time to time to review the then current terms and conditions because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use the Service.
2. OUR ROLE
We are principally a portal and directory of suppliers rather than a supplier in our own right. The Service includes links to other websites that are provided solely as a convenience to you and not as an endorsement by us, our third party providers or distributors of the contents of such other web sites. Whilst we will take such measures we deem appropriate to ensure that all third party suppliers who appear on our site are reputable, we are reviewing their offering from the point of view of a consumer only. We have not audited any of the sites to which we link and are not responsible for their content or for the company which operates them. The linked sites are for your convenience only and you access them at your own risk. We make no representation or warranty regarding any other web sites or the contents or materials on such web sites or the companies which operate them. If you decide to contract with the companies which operate other sites, you do so at your own risk.
3. WHEN YOU BUY FROM ONE OF THE SUPPLIERS CARRIED ON THE SITE
When you buy from one of the suppliers listed as part of the Service, you are paying them, not us, and contracting for the purchase and delivery of your goods/services with them, not us. There is no charge payable to us for use of the Service during the continuance of these Terms and Conditions. We shall have no responsibility for transmission of funds due to any third party with whom you may elect to deal. You shall be responsible for transmitting all payments due on the terms agreed with any third party.
4. LICENCE/OWNERSHIP
4.1 This site is our copyrighted property and/or that of our various third party providers and distributors, directors. Information found on this site must not be reproduced, republished, distributed, posted, sold, transferred, or modified without our express written permission and/or that of our 3rd parties. The use of content on any other web site or networked computers is prohibited. However, this does not apply to downloading, copying and saving information from the website for your personal, non-commercial use. You are permitted to print and download extracts from this service for your own personal use on the following basis:
no documents or related graphics are modified in any way;
no graphics are used separately from accompanying text; and
any of our copyright and trade mark notices and this permission notice appear in all copies.
4.2 Unless otherwise stated, the copyright and other intellectual property rights in all material provided as part of this Service however accessed (including without limitation photographs and graphical images) are owned by us and/or our various third party providers and distributors, directors or our licensors. For the purposes of these terms and conditions, any use of extracts other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Service automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. The trademarks, logos and service marks displayed on this site are registered and are our own and those of various third parties. No information on this site should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks without our written permission or the permission of such other party as may own the trademarks. We do not claim to own any of the 3rd party or affiliate retailers, suppliers or manufacturer brands or trademarks featured on its site. The same applies for the trademarks of other publicists or publications on this website.
4.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
4.4 Any rights not expressly granted in these terms are reserved.
5. SERVICE ACCESS
5.1 While we try our hardest to ensure that this Service is normally available 24 hours a day, we cannot be liable if for any reason this Service is unavailable at any time or for any period.
5.2 Access to this Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
6. ADDING YOUR OWN CONTENT
We shall be entitled, at our absolute discretion, to publish, edit, refuse, or delete content provided to us. We will not permit the publishing of content that may be illegal under UK or European law and we reserve the right to change, at our sole discretion, the content, design, services provided or any other aspect of the Service.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is covered under Registration and Privacy below, any material you transmit or post to us will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from us any material:
that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
for which you have not obtained all necessary licences and/or approvals;
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Service (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the foregoing clauses.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites are provided solely for your convenience. If you use these links, you leave this website and this Service. We have not reviewed these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
8.2 If you would like to link to this Service, you may only do so on the basis that you link to, but do not replicate, the landing page, and subject to the following conditions:
you do not remove, distort or otherwise alter the size or appearance of our logo;
you do not create a frame or any other browser or border environment around this website;
you do not in any way imply that we are endorsing any products or services other than our own;
you do not misrepresent your relationship with us nor present any other false information about us;
you do not otherwise use any of our trademarks or those displayed on this website without our express written permission;
you do not link from a website that is not owned by you; and
your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
9. REGISTRATION AND PRIVACY
9.1 Each registration is for a single user only.
9.2 We do not permit you to share your user name and password with any other person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
9.5 By registering or placing an order on this website, you consent to the collection, use and transfer of your information under the terms of the privacy policy set out below.
9.6 We collect your e-mail address when you register with us, to identify you for tracking and customization purposes, and to communicate with you in accordance with your email preferences (which can be change via the “my account” tab once you have logged in).
9.7 We do not share, sell or rent your email address or any other data we hold about you to any third party unless required to do so by law.
9.8 We use cookies to record user-specific information on what pages users access and for tracking purposes.
9.9 Any changes to our privacy policy in the future will be posted to the website and, where appropriate, through e-mail notification.
9.10 You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us via help@funditfrog.com. We are entitled by law to charge a fee to meet our costs in providing you with details of the information we hold about you.
9.11 If you feel that this site is not following its stated information policy, you may contact us via help@funditfrog.com.
10. DISCLAIMER
10.1 While we endeavour to ensure that our information is correct, we do not warrant the accuracy and completeness of the material. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.
10.2 The material on this website is provided 'as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Service on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Service.
11. LIABILITY
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Service), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Service in any way or in connection with the use, inability to use or the results of use of this Service, any websites linked to this Service or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Service or your downloading of any material from this Service or any websites linked to this Service.
11.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material from this Service results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Service, or the use by any other person using your registration details.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed in accordance with the laws of the United Kingdom, without reference to rules governing choice of laws. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
12.2 We do not warrant that materials/items for sale through this Service are appropriate or available for use outside the United Kingdom. It is prohibited to access the Service from territories where its contents are illegal or unlawful. If you access this Service from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
13. MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
14. ACCURACY OF INFORMATION
Product specifications and other information have either been made accessible by suppliers, manufacturers, retailers, publications, publicists; or been gathered from public-domain sources. Our intention is that all information on the website should be as accurate and up-to-date as possible. However, we cannot guarantee the reliability or the accuracy of the information contained within its pages. All the actions taken by the user of the website are the responsibility of the individual. As far as practical we try to ensure the accuracy of product and pricing information displayed on our site. However we urge our users to conduct their own research prior to purchasing from the stores listed on our service to ensure the accuracy of the prices. We operate on the basis of information supplied to us and cannot make any guarantees that any information is correct or be held liable for any actions taken based on the product and pricing information provided. Nor can we be held responsible for any loss or damage resulting from any business conducted with any company listed as part of the Service. If you want to report an error or have any questions please contact: help@funditfrog.co.uk.
15. EXCLUSION OF WARRANTY
We cannot give any representation or warranty as to the accuracy, completeness and/or reliability of any content of the Service, or as to any information contained on any website (whether of a retailer, an advertiser or otherwise) which is accessed via the Service, or as to the fitness of the Service for any particular purpose. Neither we nor our 3rd party providers and distributors make any warranty of any kind regarding the content of this site which is provided on an "as is" basis. We assume no liability or responsibility for any errors or omissions in the content of the site.
16. OPERATION OF FUNDS (other than “Official Funds”)
This part of the agreement outlines your obligations and entitlements as someone who has registered or opted to have commission from their transactions paid into a notional account or "Fund" for the benefit of a cause. When you register for the Service, you agree to the following terms and conditions:
16.1 Choice of Fund(s) and contact
When you register with the Service, you can either choose a cause to benefit from your online spend or else allow a default charity chosen by us to benefit. Each cause is allocated a notional account, referred to as a "Fund". You are thereafter referred to as a “Supporter” of your chosen cause or the default charity.
A Fund which incorporates intellectual property rights (eg name and/or logo) in respect of which a license has been granted to us will be designated by us an “Official Fund”. Our templates in respect of such license agreements are available through this link. [Link to Templates for CP, Business with and without license].
The individual who has registered a particular Fund (referred to as “the Fundraiser”) will be the central point of contact for that Fund. Contact will be by email to the email address given to us at registration by the Fundraiser or subsequent email amendment ("Email Contact Details") and it is the responsibility of the Fundraiser to ensure that Email Contact Details remain current. We reserve the right to refuse to register a Fund or to close a Fund at any time by giving notice by email using the Email Contact Details.
Once registered, you can set up one or more Funds via the website. These Funds are publicly visible and available to be chosen to receive commission from third parties as well as by your own friends, family and colleagues.
You are free to set up a Fund for any cause of your choosing provided that it is legal so to do and doing so does not offend against any of the provisions of 6,7 or 8 above. Whether or not it does so offend, we reserve the right to prevent the setting up of any Fund we in our absolute discretion consider to be “hate based” or at odds with the values espoused by the Service or to close such Funds at any time on email notice using the Email Contact Details. Funds set up using certain trigger words (ie words which have the potential to form part of an offensive Fund) may be automatically diverted into a temporary “dodgy” list, where they will be individually screened before they appear on the website.
16.2 Generating Cash for your Fund
When you buy online through the links offered by the Service, that purchase will be tracked in the following circumstance for the purpose of generating a commission for the benefit of the Fund you were supporting when you followed the relevant link.
The various merchants offered through the Service have signed up with a "network" for the purposes of promoting their sites through third party sites like this one. When someone completes a transaction to buy through the Service, a commission becomes payable from the merchant and/or the network. Whether or not that commission is actually paid by the merchant and/or the network is outside of our control, and is decided by rules laid down by the network, the merchant or some combination of the two, in accordance with terms and conditions which vary network to network and merchant to merchant. These rules, terms and conditions also make provision for situations in which someone subsequently returns goods, seeks a refund, has their means of payment rejected, attempts a fraudulent transaction etc. Since those rules, terms and conditions control whether the commission is paid out, or recovered once it has been paid out, they also govern whether and when commissions become payable for the benefit of or are recovered from Funds.
All transactions are electronically traced through a third-party network and reported back to us by the merchant and network. Whilst it is strongly in the interests of both to ensure their tracking is efficient and error-free, we ourselves have no control over that electronic tracking system and cannot be held responsible for errors in transaction tracking or any form of failed tracking.
Consequently and in summary, we will only pay when paid. That is to say, our obligation is to pass on half of the commissions actually paid to us as result of an online purchase made via the links offered by the Service. We undertake no independent obligation to pay commission when, for whatever reason and in whatever circumstances, a merchant or a network does not pay commission for a particular sale or recovers it once paid. Entirely within our own discretion, we may attempt to challenge an apparent error or non-payment of commission but cannot under any circumstances be obliged to do so. The merchant and/or network's decision is always final and binding on us, and therefore on you.
Only transactions completed through this Service and the links provided as part of this Service will generate commission for your chosen Fund
Each supplier sets their own commission rate, which can change from time to time.
16.3 Contracting Parties
All purchases made through the Service are made between the individual and the merchant in question and not with us. We have no responsibility or obligation for any part of the merchant transaction.
16.4 Record Keeping
Whilst we will keep a running total of the amount we believe is payable to each Fund (the total "pending"), that total will be a guide only until such time as the merchant confirms their validation requirements have been met and/or pays the commission, at which point it will show as "verified".
16.5 Paying Out
In order to receive a payment out, the Fundraiser must submit all information requested by the Service and make a request for payment by email using the email address registered for the Fund. As soon as the verified total in a Fund reaches £20 it will be available to be paid out. The Fundraiser will be the party on whose instructions we will act in paying out the total collected by that Fund save in the following circumstances. Any sum collected by a Fund which mentions a registered charity will, to avoid misleading anyone, to comply with the relevant legislation and to safeguard against fraud, be paid over only in accordance with the instructions of that charity. A copy of the template agreement between us and charities is available through this link. In respect of any sum collected by a Fund which names a charity, the decision of whether to pay out in accordance with the instructions of the Fundraiser or the named charity will be a matter entirely within our sole discretion.
Fund totals may only be paid out in one lump sum to a single payee and cannot be divided between two or more payees.
Payment can only be made to a UK bank account using an internet banking transfer or a PAYPAL. All payments will be made by using the details provided by the Fundraiser (or the published details of a Registered Charity); it is your responsibility to provide those details accurately. We cannot be held responsible for any errors or loss of payments made using the payment details provided by the Fundraiser. Furthermore the provision of inaccurate information may incur an administration charge which will be deducted from your Fund. We undertake to make payment using the payment details provided by the Fundraiser within a reasonable period (usually 30 days) of receipt of a request from the Fundraiser in clear and proper form or the provision of accurate payment details, whichever is received later.
If (a) the verified total in a Fund has exceeded £20 for 12 months and we are unable to contact the Fundraiser using the Email Contact Details, or (b) you are a Fundraiser who accesses the Service only through Facebook and remove the Fund it Frog from your Facebook profile before your Fund(s) reach the threshold of £20; or (c) a Fund remains dormant with no transactions made for its benefit during a 6 month period, the total payable to your Fund(s) may, at our discretion, be either retained in the Fund as an interim measure or paid into the "unclaimed" account and subsequently paid out to a Registered Charity of our choosing.
We reserve the right to close any Fund at any time on email notice using the Email Contact Details.
16.6 Fraudulent Transactions
If a Fund is found to contain transactions gained as a result of fraudulent activity (fraudulent activity being defined by the relevant merchant, whose decision is final) the Fund may, at our discretion, be terminated on email notice and the total payable to that Fund either retained in the Fund as an interim measure or paid into the "unclaimed" account and subsequently paid out to a Registered Charity of our choosing.
16.7 Modification of Terms and Conditions
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion by posting revisions to the Service.
16.8 General
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right subsequently to enforce such provision or any other provision of this Agreement.