Nochex Fundraising - Terms of Service and Conditions

Our Terms and Conditions describe the service Nochex provides for you and charities you support and your rights and obligations as a donor and fundraiser when you use this service. If you are using any other service provided by Nochex, such as, a Nochex Merchant Account, you will also be subject to the additional terms for that service. This service is run by Nochex Ltd, registered office Regent House, Bath Avenue, Wolverhampton WV1 4EG (Company Number 3940921).

These terms of use were last updated on 16 October 2019 and replace all previous terms of use for the Nochex websites.

  1. ABOUT THE CHARITIES AND ORGANISATIONS FEATURED ON THE NOCHEX WEBSITE

    The Nochex website allows you to donate to, and raise funds for, any of the charities and organisations listed on the website. All the charities or organisations featured have a contractual agreement with Nochex authorising us to collect donations. We also have a contractual relationship with many of the charities to reclaim Gift Aid on their behalf under the UK government's Gift Aid scheme. Charities and organisations are accepted as members at Nochex' discretion. Charities must be registered with the Charity Commission for England and Wales, the Office of the Scottish Charity Regulator, the Charity Commission for Northern Ireland or HMRC for charities in Northern Ireland and any other charitable organisation recognised as such by HMRC, but not currently required to formally register with either of the regulatory bodies named above. Nochex also features reputable organisations that are not eligible for Gift Aid reclaim. These are clearly stated on the website as not eligible for Gift Aid reclaim. Charities and not-for-profit organisations can have similar names: it is your responsibility to check that you are donating to the organisation you intended.

    The charity is responsible for the relationship with you, and Nochex accepts no responsibility for the relationship. You may become a “commercial participator” and legally obliged under charity law to enter into a written agreement with the charity you are donating to or raising funds for. A 'commercial participator' is defined as 'someone who carries on for gain a business [and] in the course of that business engages in any promotional venture in the course of which it is represented that charitable contributions are to be given or applied for the benefit of any charitable institution(s)'. You can find out more about this by going to http://www.institute-of-fundraising.org.uk/code-of-fundraising-practice/legal-appendices/l90-commercial-participators/

  2. REGISTERING TO USE THE SERVICE AND PROTECTING YOUR PASSWORD

    If you wish to become a regular donor you may choose to register your details for your future convenience. If you are a fundraiser you will have to register details on our website. During registration you will be asked to choose a password to protect your secure account; you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your password, we recommend that you change your password immediately or contact the helpdesk as detailed on the website. If you are a donor you may use the website without registering, but we will have to take some personal details in order for payment to be verified and for the purposes of claiming Gift Aid where appropriate for your donation.

  3. USE OF YOUR DONATION

    Nochex is not responsible for any dissatisfaction you may have regarding the recipient organisation's use of any donation you make through Nochex service. Please note that unless you have restricted your donation to be used for a particular purpose or appeal, the recipient organisation reserves the right to use your donation for its general purposes. Nochex cannot guarantee that funds will be earmarked for a particular appeal, unless specifically stated by the recipient organisation itself.

  4. NOCHEX FEES

    The Charities listed on the website and Nochex do not charge any subscription fee or registration fee for using this service. The only fee taken from your donation is the charge for using your card. This fee is raised against the total donation value and payable by the charity receiving the donation when we make payment to them. The fees are listed on the website and may vary from time to time.

  5. HOW TO PAY

    Donations can be paid for using a valid credit or debit card only using our website. Details of any donation will be displayed to you on our website before it is processed. All donations will be taken in pounds sterling only. You may correct any errors by following the instructions given on the screen. Once you confirm that you wish to proceed with the donation we will process the transaction by requesting funds from your credit or debit card provider. When they approve the donation we will ensure the funds are allocated to the relevant charity. Donations are not refundable.

  6. UNAUTHORISED CARD USE

    When a donation is made on our website the transaction is final and not disputable unless unauthorised use of your payment card is proved. If you become aware of fraudulent use of your card, or it is lost or stolen, you must notify your card provider in accordance with its reporting rules.

  7. GIFT AID INFORMATION

    When you donate to a charity on the Nochex website and confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme as they apply from time to time, Nochex reclaims Gift Aid on behalf of the charity under the Gift Aid scheme. Nochex is not an accounting, taxation or financial advisor, and you should not rely on information given on the website to determine the accounting, tax or financial consequences of making a donation to charity. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.

  8. USE OF YOUR PERSONAL INFORMATION

    The personal information we ask you to give us when making your donation is used by us in connection with processing your payment or managing your fundraising activities on our website. We also pass information to the relevant charity for their records. Donors may opt out of being contacted by the charity. We will only use your information in accordance with our Privacy Policy.

    We won’t share any personal details with any third party other than is set out in our Privacy Policy. You should review the privacy policies of those third parties before providing your personal information to them.

    To enable us to process your payment and manage your activities on the Nochex website, and to improve your experience whilst visiting the Nochex website, we use cookies, which are small text files allocated by our server to your PC. If you want to know more about cookies please go to www.allaboutcookies.org which explains how cookies work and who you can manage their use. The internet sites of the charities you support on the Nochex website will be subject to their own privacy policies, and Nochex accepts no responsibility or liability for these sites.

  9. USE OF THE NOCHEX WEBSITE

    You must at all times use the website and its associated services in a responsible and legal manner. In particular, but not exclusively:

    • You must not upload offensive, obscene or racist content, including photographs, on to the website. Nochex does not actively edit the website but reserves the right to remove or edit any content posted on the website at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene or racist. If you notice any such content, please contact the Nochex team.
    • If you build a fundraising page on Nochex, it is your responsibility to ensure that the content you are uploading on your page, in particular the photograph, is not copyright-protected. If it is, you must obtain the copyright owner's written consent to use it. You must not infringe any copyright, database right or trademark of any other person. Nochex reserves the right to remove any pictures, photographs or copy from personal fundraising pages at its sole discretion and without notice if their copyright status is in any doubt. If you suspect a breach of copyright on the Nochex website please contact a member of the Nochex team.
    • Other than in relation to your own fundraising page, you may not remove or change anything on the website.

    In addition, you as a user must not:

    • Misrepresent your identity or affiliation with any other person or organisation.
    • Use the website to send junk email or 'spam' to people who do not wish to receive email from you.
    • Use the website to conduct, display or forward surveys, pyramid schemes or chain letters.
    • Use the website to advertise or otherwise solicit for funds and ensure there is not a solicitation for goods or services, except for encouraging other users of the website to make donations via Nochex, or to conduct or advertise any on line auctions.
    • Interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to Nochex systems. Nochex reserves the right to cancel your membership and delete any Nochex fundraising page without notice in the event of a breach of the above rules.

    Building a fundraising page in aid of a charity in no way implies Nochex’ or the charity's endorsement of your fundraising activity. Many charities disapprove of, and do not wish to be involved in, dangerous sports or unusual challenges. It is your responsibility to check with the charity first that your chosen activity does not contravene the charity's policies. Nochex reserves the right, at its absolute discretion and without notice, to cancel your personal fundraising page at the request of the charity, in the event that the charity, in its absolute discretion, deems your fundraising activity inappropriate or unnecessarily dangerous.

    Where you choose to pay an event fee though Nochex, the charity that runs the event will set the rules of the event and arrange your event entry once it has received payment. Your contract for the event entry will be with the charity. For the avoidance of doubt, Nochex is in no way responsible for the event, this is the sole responsibility of the charity and you.

    If we are made aware of, or given reason to suspect that you are using the service for illegal or fraudulent purposes, we reserve the right to remove your details from the Nochex site without notice pending further investigation.

    If you decide to run a competition, raffle prize draw or lottery (“promotions”) or to sell tickets using the Nochex website, you accept that you are responsible for ensuring that you comply with any laws, regulations or terms and conditions relating to these services. You acknowledge that Nochex has no liability whatsoever to the participants of those promotions or ticket providers and you must include this information clearly in the rules, terms and conditions or publication of any such promotions.

    More information on how to run a competition, raffle prize draw or lottery can be found on the Gambling Commission website. Participation in any competition, raffle, lottery or prize draw promoted on the Nochex site but operated by either a charity or fundraiser is at your own risk. You accept that Nochex is not in any way responsible for competitions, raffles, lotteries or prize draws operated by a third party.

  10. LINKS

    The Nochex website contains links to the websites of member charities and other organisations, whether charities or otherwise. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any transactions with other organisations through their websites or otherwise are your own responsibility.

  11. PARTNER SERVICES

    We may from time to time select partners offering relevant information and services that we believe will enhance our provision of the service for visitors to our website. While we will do our best to select partners of the highest integrity, we are not responsible for any aspect of the information or services offered by them, and if you choose to use their services you do so at your own risk.

  12. TRADEMARKS

    The name Nochex and the Nochex logo and any other product and service names we may present on the Nochex website from time to time may not be used in connection with any product or service that is not Nochex', nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Nochex. Other trademarks, service marks or logos that appear on the website, in particular (but not exclusively) those of member charities, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both Nochex and the trade mark owner.

  13. COPYRIGHT

    Content on the Nochex website is owned by Nochex, our member charities, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trade mark or other proprietary notice. No other use of content is permitted without the express prior permission of Nochex, and, where applicable, the copyright holder.

  14. CHANGES TO THE SERVICE

    Nochex will make every effort to ensure that the Nochex website and other services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms and Conditions.

  15. FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS

    In the event that you commit a breach of these Terms and Conditions Nochex reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Nochex website and services.

  16. TERMINATION

    You may discontinue use of the website and services at any time. These Terms and Conditions will continue to apply to past use by you.

  17. LIMITATION OF LIABILITY

    Nochex does not, and nothing in these Terms and Conditions shall act to, exclude or limit Nochex' liability for death or personal injury resulting from its negligence, fraud or any other liability that may not by applicable law be excluded or limited. Subject to exceptions listed above, in no event shall Nochex be liable for any claims, loss or damage, whether direct or consequential that you claim to have suffered by reason of your accessing and use of the Nochex website.

  18. DISCLAIMER

    You agree that your use of the Nochex website is on an "as is" and "as available" basis and that your use of the website is at your sole risk. Nochex does not guarantee continuous uninterrupted or secure access to our services and operation of the website may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms and Conditions, Nochex does not provide conditions, warranties or other terms in relation to the website, to the extent permissible by law. Nochex may change the format and content of the website from time to time. You should refresh your browser each time you visit the Nochex website to ensure that you download the most up to date version of the website, including the latest version of these Terms and Conditions.

  19. GOVERNING LAW

    These Terms and Conditions are governed by English law and are subject to the exclusive jurisdiction of the English courts.

  20. THIRD PARTY RIGHTS

    A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

Nochex is not responsible for the content fundraisers post on their pages, but if you see something you feel is offensive or inappropriate, please let us know.