Terms and Conditions for Users

When you register with Wildcrowd, you agree to the terms below as the exclusive basis which governs such transactions If you do not agree to any of the terms, you must not use the Website.

The Website is a not-for-profit reward-based crowdfunding and volunteering platform that helps charities focused on the environment, conservation and animal welfare to raise money and find new supporters Donors must make their own decisions as to whether to contribute to Campaigns based purely on their own assessment of the merits of the underlying Project. Wildcrowd does not guarantee the success of any Project and all information relating to Projects is provided directly by Project owners, as such Wildcrowd cannot guarantee the accuracy or fullness of any information that they may provide. Any Rewards or benefits offered to Donors are offered to them directly by the charity receiving the donation or by companies participating in the WildCrowd reward scheme, Rewards are not offered by or provided in partnership with Wildcrowd.

THIS AGREEMENT is made between Wildcrowd and You.

1. DEFINITIONS

In this Agreement, the following terms shall have the following meanings (except where the context otherwise requires):-

“Aid” – an item provided by a User to a Project Owner in response to a specific request in a Campaign.

“Agreement”– means this contract, as agreed between you and Wildcrowd.

“Reward” – a gift provided by a third party partner that is offered to Users in return for either making a particular Contribution, or for participating in the activity of the Website in some other specified fashion.

“Campaign” - a fundraising campaign for a particular Project.

"Fee " – five percent of each Contribution to a Campaign which shall be retained by Wildcrowd for its services in providing and administering the Service.

“Contribution” – a charitable, non-refundable, donation to a Campaign made via the Service.

“Deadline” a set deadline for the receipt of Contributions, as specified in a Project's Project Details.

"Donor" – a person or entity that makes a Contribution.

"Project Owner" – a person or entity wishing to raise funds for a Project.

"Wildcrowd" - Wildcrowd Limited which is the owner of the Website and which is a company registered in England & Wales under company number 09911375.

“Inaccurate” – giving a false or misleading impression of a Project.

"Intellectual Property Rights" - all copyrights, patents, registered and unregistered design rights, database rights, publicity and privacy rights, domain names, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.

“Net Contribution” – the Contribution minus the Commission and Processing Charges.

“Processing Charges” – any foreign exchange or other payment processing charges incurred by Wildcrowd in collecting Contributions and making payments to Project Owners.

“Project” - the purpose for which funds are being raised as set out in the Project Details.

“Project Details” – the description of a given Project, its Deadline and its Target as set out by the Project Owner on the Website.

"Registration Details" - the details which a User must provide when registering an account on the Website, including their name and e-mail address.

Benefit – a gift offered by a Project Owner to a Donor in consideration of its Contribution, as specified in the Project Details.

"Service" - the provision of the Website and its functionality as a forum through which Donors may make Contributions.

“Successful Campaign” – a Campaign which reaches or exceeds its Target on or before its stated Deadline.

“Target” – a target total of gross Contributions and/or Volunteers and/or Goods target which a Project Owner hopes a Campaign will meet or exceed that shall be specified in the Project Details.

"Unacceptable" – anything which may be considered either:-

  1. illegal, illicit, indecent, obscene, racist, offensive, pornographic, insulting, false, unreliable, misleading, violent, alleged to be or actually defamatory or in infringement of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights);
  2. in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
  3. to contravene legislation, including but not limited to without limitation that which relates to financial services, gambling, weapons, drugs, animals, children or alcohol; or
  4. to harm Wildcrowd, a company participating in the reward scheme or a Project Owner's reputation.

"User" - a Donor or a Project Owner.

“Volunteer” – an individual who pledges to perform a particular task, or to donate a specified amount of their time to, a purpose specified by a Project Owner in a Campaign.

"Website" - www.wildcrowd.org

2. CAMPAIGNS AND CONTRIBUTIONS

3. DONOR TERMS

  • THE DONOR RECOGNISES AND ACCEPTS THAT BY SUBSCRIBING TO MAKE A CONTRIBUTION TO A PROJECT OWNER'S CAMPAIGN IT IS ENTERING INTO A LEGALLY BINDING CONTRACT WITH THE PROJECT OWNER TO PROVIDE ITS PLEDGED CONTRIBUTION IMMEDIATELY.
  • The Donor recognises and accepts that Contributions are non-refundable charitable donations and that transfer of funds will take place immediately. Contributions will not be returned if the relevant Campaign does not become a Successful Campaign (including, for the avoidance of doubt, where Wildcrowd suspends, cancels or otherwise causes a Campaign to close early) or in the event that the underlying Project is not delivered. Accordingly, neither Wildcrowd nor Project Owners shall have any responsibility or liability for refunding, returning, or otherwise reversing Contributions.
  • All Contributions made via the Service are at the Donor's risk and based on its own judgment; Wildcrowd cannot guarantee the accuracy of any Project Details, the integrity of any Campaign or the issue of Rewards to the Donor. Accordingly Wildcrowd shall not have any responsibility or liability for such Project Details or the decision by a Donor to make a Contribution.
  • The Donor acknowledges that Campaigns may fail for reasons both inside and outside of the operators of that campaign's control. The Donor accepts that this risk is unavoidable and that the failure of any Campaign or Campaigns will not entitle them to any form of refund, in respect of Contributions or otherwise.
  • Any and all contracts formed as a result of the making and receiving of Contributions, pledges of goods, or offers to become a Volunteer, shall be between the Donor and the relevant Project Owner, and Wildcrowd will not be a party to them.
  • Accordingly, the Donor acknowledges and accepts that, in the event that a Project Owner provides Inaccurate information about a Project or Campaign, fails to provide a specified Reward, or in any other way breaches the agreement between the Project Owner and the Donor, then the Donor's sole remedy shall be against the Project Owner.
  • All conditions and warranties whether express or implied, statutory or otherwise, which relate to the accuracy of the Project Details are hereby expressly excluded.
  • Rewards provided by the Project Owner are for the personal benefit of the Donor and the Donor is not entitled to sell, redistribute, or assign them to a third party.
  • The Donor acknowledges and accepts that Wildcrowd shall deduct a fee as well as any Processing Charges from each Contribution prior to conveying the Net Contribution to the Project Owner.
  • The credit or debit card details which the Donor provides on registering for the Service must relate to a card that the Donor is entitled to use. By pledging to make a Contribution, Donor warrants that the credit or debit card for which it has provided details has sufficient credit limit or funds for that Contribution.
  • YOU AGREE THAT, IF YOU OFFER TO VOLUNTEER OR IF YOU PROVIDE goods TO A POJECT OWNER, WILDCROWD WILL PROVIDE TO THE PROJECT OWNER YOUR NAME AND EMAIL DETAILS IN ORDER TO ENABLE THE PROJECT OWNER TO CONTACT YOU TO ARRANGE FOR YOU TO VOLUNTEER OR DELIVER GOODS.
  • Where the making of Contribution renders you eligible to receive a Reward, Wildcrowd will issue you with an electronic voucher that will enable you to claim that Reward from the Project Owner or a relevant third party.
  • Any charges incurred by the Donor in the course of making a Contribution, including but not limited to extra charges from its payment service provider, foreign exchange or payment processing charges, shall be exclusively for the Donor's account.
  • For the avoidance of doubt, making a Contribution does not give a Donor any rights in respect of a particular Campaign other than to receive the advertised Reward that they select.

4. GENERAL USER TERMS

  • The Donor warrants that, in registering to use the Service it shall provide accurate Registration Details which it will update as required in order to ensure their continued accuracy.
  • The User hereby warrants to Wildcrowd that they are at least 18 years of age and has the ability to enter into a binding legal contract.
  • The User acknowledges that Wildcrowd has the right to suspend or cancel any Campaign or any Contribution for any reason and at its sole discretion. Users acknowledge that Wildcrowd is not obliged to provide any prior notice of, or explanation for cancellation of a campaign.
  • The User's Registration Details and data relating to its use of the Service will be recorded by Wildcrowd but this information shall not be disclosed to third parties (otherwise than as set out herein, as specifically notified to the User, or on an aggregated anonymous basis) nor used for any purpose unrelated to the Service.
  • Wildcrowd reserves the right to suspend or terminate a User's account for any reason and at its sole discretion where it deems such action appropriate. In the event of such suspension or termination, Wildcrowd will notify the User by email and the User agrees that it shall not seek to re-register on the Website either directly or indirectly through any related entity or third-party.
  • Wildcrowd shall not be liable for any interruption to the Service, whether intentional or otherwise irrespective of whether such interruption has any impact on the ability of Users to make Contributions or to receive Net Contributions.
  • The User acknowledges that Wildcrowd shall own all Intellectual Property Rights in the Website and the Service, including without limitation, the design, text, graphics, the selection and arrangement thereof. By uploading content to the Website Users warrant to Wildcrowd that they have all necessary permissions to upload such content and agree to grant to Wildcrowd a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce and distribute any and all Intellectual Property Rights inherent in that content, and the User warrants that it has all necessary rights to upload such content to the Website and indemnifies Wildcrowd for any breach of this clause.
  • While Wildcrowd makes no undertaking to act on any such reports, Users undertake to promptly report to Wildcrowd any suspected infringement of Intellectual Property Rights or other dishonest behaviour which they encounter on the Website or Service.
  • Users agree that Wildcrowd is a mere intermediary and conduit and is not responsible for any disputes that may arise between Users, Users further agree that any such disputes shall be resolved directly between the Users involved and that Wildcrowd shall not be a party to those disputes.
  • Users will be invited to comment on campaigns to Wildcrowd by using the functionality on the Website and Wildcrowd will be entitled to publish these on Wildcrowd.org All Users hereby acknowledge and agree that such comments will not be Unacceptable and that Wildcrowd is not responsible for any such content on the Website. In the event of any concerns in respect thereof, a User may contact Wildcrowd at info@Wildcrowd.org
  • Users' personal information submitted to Wildcrowd.org will be used in accordance with our privacy policy set out at here.
  • Cookies will be used to track the behaviour of Users on Wildcrowd.org in accordance with our cookies policy set out at here.

5. WILDCROWD BENEFITS

  • In addition to Benefits offered by Project Owners you may become eligible to receive Rewards directly from Wildcrowd and its partners
  • Rewards or Benefits may be offered to Users who pledge a Contribution to a Campaign which exceeds a stated threshold. Where Rewards are made available in this way details will appear on the website and the relevant threshold or thresholds will be made
  • If you qualify to receive a Reward or Benefit in the fashion described in clause 5.2 then you will be sent a voucher that will enable you to claim your Reward from the relevant third party; or, if a range of different Rewards are available, you will be given the option of selecting your Reward from a list of options.
  • Wildcrowd may offer Users the opportunity to win or otherwise receive Benefits through other channels (such as competitions), where this is the case then Wildcrowd will notify Users via the Website and shall set out any applicable terms and conditions relating to that opportunity separately.

6. LIMITATION OF LIABILITY

  • All material displayed on the Website is provided without any guarantees, conditions or warranties.
  • To the extent permitted by law, Wildcrowd expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law, or the law of equity.
  • Wildcrowd shall not be liable for:
    • any indirect or consequential loss of any kind;
    • any loss of income or revenue,
    • any loss of business,
    • any loss of profits,
    • any loss of anticipated savings,
    • any loss of data,
    • any loss of goodwill,

    which arises as the result of any User's use of the Website or Service, or in connection with the use, inability to use, operation of, or results of use of the Website or Service, or of any websites linked to or from the Website and any materials posted on it, howsoever arising and whether caused by tort (including negligence), breach of contract, breach of statutory duty, or otherwise, irrespective of whether such loss was foreseeable by either party even if foreseeable.

  • For the avoidance of doubt, Wildcrowd shall have no liability to any User in respect of Contributions (including any claimed right to a refund of such Contributions) or in respect of any failure by any Project Owner to supply Benefits to the satisfaction of any Donor or class of Donors.
  • Wildcrowd is not liable for the direct or indirect consequences of cancelling or suspending a Campaign at any time and may suspend Campaigns at its sole discretion as per clause 4.3 of this Agreement.
  • Whilst Wildcrowd will make all reasonable attempts to exclude viruses from the Website, it cannot ensure such exclusion and no liability is accepted for viruses or other similar harmful software. The User agrees that it will take all appropriate safeguards to secure its computing equipment before accessing or downloading any information from the Website.
  • Wildcrowd shall not be liable for ensuring that Projects or Rewards are not Unacceptable and the Donor, in making any Contribution via the Website, accepts that it does so exclusively on the basis of its own judgment and at its own risk.
  • Wildcrowd is not liable for the accuracy or otherwise of any content posted by a User in respect of another User or a Campaign on Wildcrowd.org
  • Wildcrowd is not liable for any failure in respect of its obligations hereunder which results directly or indirectly from failure or interruption of software or services provided by third parties.
  • Wildcrowd is not responsible for the direct or indirect consequences of a User linking to any other website from the Website.
  • None of the clauses herein shall apply so as to restrict Wildcrowd's liability for death or personal injury resulting from the negligence of Wildcrowd or its appointed agents.
  • No matter how many claims are made and whatever the basis of such claims, Wildcrowd's maximum aggregate liability to any Donor under or in connection with this Agreement in respect of any loss not excluded by this Agreement, whether such claim arises in contract, tort, or otherwise, shall not exceed a sum equal to twice the value of the Contributions made by that Donor using the Service.
  • Wildcrowd shall not be liable for any information or material posted by Users on the Website which refers to other Users. All Users accept that such content is based on subjective opinions, is not endorsed by Wildcrowd, and is made available on the Website for information purposes only.
  • Wildcrowd accepts no liability whatsoever in respect of any use which a User may make of information which appears on the Website.
  • This Agreement is made between Wildcrowd and the User accepting it. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

7. WARRANTIES AND INDEMNITY.

  • Wildcrowd does not represent or warrant that the information accessible via Wildcrowd.org is accurate, complete, truthful or current. Users accept that they are responsible for verifying all information on which they choose to rely, particularly information on which they may rely in deciding whether or not to make a Contribution.
  • The User hereby agrees to indemnify Wildcrowd and undertakes to keep Wildcrowd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Wildcrowd to a third party in settlement of any claim or dispute on the advice of Wildcrowd's legal advisers) incurred or suffered by Wildcrowd as a result of any breach by that User of any provisions of this Agreement, from any dispute arising from that User's use of the Service, or arising from that User's use of the Website or Service more generally.

8. OTHER IMPORTANT TERMS

  • Subject to Clause 8.2, this Agreement and any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof and neither party has relied on any representation made by the other party unless such representation is expressly included herein. Nothing in this Clause 8.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
  • Wildcrowd reserves the right to alter the terms of this Agreement from time to time. While Wildcrowd may notify Users of such changes to this Agreement it is under no obligation to do so and by accepting this Agreement you agree that you will check the version of the Agreement in force before you launch a Campaign or make a Contribution.
  • If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
  • Wildcrowd reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement.
  • The User may not assign or otherwise transfer its rights or obligations under this Agreement without Wildcrowd's prior written consent.
  • Any notice given pursuant hereto may be served personally, by post or by email to the last known email address of the addressee. It is the responsibility of Users promptly to update Wildcrowd of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service, when sent by email 24 hours after the same has been sent, or if sent by post 72 hours after put into the post correctly addressed and pre-paid.
  • Wildcrowd shall not be liable for any loss suffered by any User or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
  • Any delay or forbearance by Wildcrowd in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
  • This Agreement shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.

Terms and Conditions for charities

When you register your charity with WildCrowd and advertise your campaign on WildCrowd.com in order to raise money, find volunteers or request donations of goods, you must agree to the terms below as the exclusive basis which governs such transactions . If you do not agree to any of the terms, you must not use the Website.

THIS AGREEMENT is made between Wildcrowd and You.

1. DEFINITIONS

In this Agreement, the following terms shall have the following meanings (except where the context otherwise requires):-

“Aid” – an item provided by a User to a Project Owner in response to a specific request in a Campaign.

“Agreement”– means this contract, as agreed between you and Wildcrowd.

“Benefit” – a gift offered by a Project Owner to a Donor in consideration of its Contribution, as specified in the Project Details.

“Campaign” - a fundraising campaign for a particular Project.

“Fee” – five percent of each Contribution to a Successful Campaign which shall be retained by Wildcrowd for its services in providing and administering the Service.

“Contribution” – a donation to a Campaign made via the Service.

“Deadline” a set deadline for the receipt of Contributions, as specified in the Project Details.

"Donor" – a person or entity that makes a Contribution or who becomes a Volunteer or provides aid

“Inaccurate” – giving a false or misleading impression of a Project.

"Intellectual Property Rights" - all copyrights, patents, registered and unregistered design rights, database rights, publicity and privacy rights, domain names, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.

“Net Contribution” – the Contribution minus the Commission and Processing Charges.

“Processing Charges” – any foreign exchange or other payment processing charges incurred by Wildcrowd in collecting Contributions and making payments to Project Owners.

“Project” - the purpose for which funds are being raised as set out in the Project Details.

“Project Details” – the description of the Project, its Deadline and its Target as set out by the Project Owner on the Website.

"Project Owner" – a person or entity wishing to raise funds for a Project. or find volunteers or goods

"Registration Details" - the details which a User will be prompted to provide, and which must be entered in order to register an account on the Website, which may include information such as their physical address, email address, and payment details.

"Service" - the provision of the Website and its functionality as a forum through which Donors may make Contributions.

“Successful Campaign” – a Campaign which reaches or exceeds its Target on or before its stated Deadline.

“Target” – a target total of gross Contributions and/or Volunteers and/or Aid which a Project Owner hopes a Campaign will meet or exceed that shall be specified in the Project Details.

"Unacceptable" – anything which may be considered either:-

  1. illegal, illicit, indecent, obscene, racist, offensive, pornographic, insulting, false, unreliable, misleading, violent, alleged to be or actually defamatory or in infringement of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights);
  2. in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
  3. to contravene legislation, including but not limited to without limitation that which relates to financial services, gambling, weapons, drugs, animals, children or alcohol; or
  4. to harm Wildcrowd's reputation.

"User" - a Donor or a Project Owner.

“Volunteer” – an individual who pledges to perform a particular task, or to donate a specified amount of their time to, a purpose specified by a Project Owner in a Campaign.

"Website" - www.Wildcrowd.org

"Wildcrowd" - Wildcrowd Limited which is the owner of the Website and which is a company registered in England & Wales under company number 09911375.

“You” or the “Project Owner” – the registered UK charity on behalf of which this agreement with Wildcrowd is entered into.

2. FUNDRAISER TERMS

  • You warrant that you represent, and are entitled to represent, a registered UK Charity whose objects relate to the environment, conservation, or animal welfare, and have full authority to commit that organisation to this agreement
  • You agree that you will only initiate Campaigns on the Website which:
    • Are intended to raise funds, encourage donations of aid or to secure the efforts of Volunteers for charity, which for these purposes means that the same are to be used by a registered charity for carrying out its charitable purposes..
    • Set out in detail all activities or purposes for which any funds that they raise are to be used.
    • Are committed to creating transparency between the Project Owner, the Campaign and the Campaign's Donors; and
  • The Project Owner further warrants that:
    • Save for in the circumstances set out in clause 4.1, it will use the Net Contribution solely for completing the Project and irrespective of whether or not its Campaign is successful will not use any Contribution received in respect of that Campaign for any purpose not specified in the Campaign or Project Details;
    • It will comply with all relevant laws and regulations in its engagement with any Volunteers that it may engage as a result of its use of the Website;
    • It will reply promptly, in full, and to Wildcrowd's satisfaction, to all questions, enquiries and requests for clarification put to it by its Donors or by Wildcrowd;
    • It will treat all other users of the Website, including but not limited to Donors to its Campaigns, with respect at all times;
    • It will endeavour to respond to queries from Donors within two working days and shall, make contact with all Volunteers and donors of Aid within two working days of receiving notification from WildCrowd to arrange their participation in the Project;
    • It will comply in full with the Terms of Use and with Wildcrowd's Code of Conduct.
    • It will exercise its best endeavours to promote its Campaigns on the Website and with its wider network of supporters and members more generally.
  • The Project Owner acknowledges that it has a duty to provide via the Website regular updates on the Campaign to all Donors who provide a Contribution in respect of it. In particular, the Project Owner undertakes that it shall:
    • Post on the Website a closing report at the conclusion of each of its Campaigns, setting out how it has used the resources secured using WildCrowd, specifically; how much money it has raised in respect of that Campaign and how it intends to use the funds. Where the Campaign has raised (a) in excess of 110% or (b) has failed to raise at least 90% of its Target, the Project Owner shall note this fact in a separate update and may amend its description of how it intends to use the money raised. Such changes should not be substantial in their nature and should not materially alter the stated purpose of the Campaign. In the event that a Project Owner does wish to materially amend the purpose of a Campaign as a result of receiving substantially more/less Contributions that targeted, then it must seek Wildcrowd's written authorisation to do so before spending any Net Contribution received. and must then provide an update to donors via the website.
  • The Project Owner recognises and accepts that by initiating a Campaign on the Website it is offering to enter into a binding contract concerning the use of the Net Contribution which it receives and Benefits which it may offer with that Campaign's Donors. All such agreements will be made between Project Owner and Donor, and Wildcrowd shall not be a party to them. The Project Owner acknowledges that it will be solely responsible for any breach by it of any such agreement between it and a Donor.
  • The Project Owner recognises and accepts that it bears sole responsibility for all information which it may provide to Wildcrowd about its Campaign(s) and Project(s) and which may be posted on the Website, as part of the Project Details or elsewhere. The Project Owner hereby indemnifies all Donors to its Campaigns, and Wildcrowd, against all losses arising from any information which that Project Owner provides to Wildcrowd or otherwise transmits via the Service which is Unacceptable or Inaccurate.
  • The Project Owner warrants, represents and undertakes in relation to all information and material provided to Wildcrowd, for the purpose of a Campaign or otherwise, that no such information shall be Unacceptable or Inaccurate, that all material submitted by the Project Owner will be free of links to websites other than the Website, and that the Project Owner has obtained full and effective licence(s) from all relevant third parties required to allow the Project Owner and Wildcrowd to permit the dissemination of all such information and material worldwide.
  • Wildcrowd shall retain the right at all times and at its sole discretion to refuse to provide the Service, or any part thereof, to a Project Owner for any reason.
  • Wildcrowd shall retain the right at all times to remove any information or material from the Website for any reason and at its sole discretion.
  • Posting of Project Details by Wildcrowd on the Website shall not under any circumstances constitute a waiver of any of its rights in relation to such material or of any breach of the Project Owner's obligations under this Agreement.
  • The Project Owner notes that it may offer Rewards to Users in respect of Campaigns and acknowledges that, where it chooses to offer the same it will have a binding legal obligation to provide those Benefits to eligible Users.
  • The Project Owner hereby warrants that it has good title to all Benefits that it may offer and that it will be entitled to distribute them to Donors in accordance with this Agreement without infringing any third party Intellectual Property Rights or contravening any applicable laws.
  • The Project Owner warrants that it will have and maintain a sufficient supply of any Benefits that it may undertake to distribute to Donors, and that it will distribute such Benefits promptly after the Deadline of the relevant Successful Campaign has passed, and in any event within any timeframe for the distribution of Benefits which it has stated on the Website.
  • The Project Owner acknowledges that all Contributions made via the Website in respect of Project Owner's Campaigns will be subject to the deduction of all applicable Processing Charges prior to the transfer of the remainder of such Commissions to the Project Owner. WildCrowd will also charge a fee of 5% of funds raised which may either be deducted prior to transfer of commissions to the project owner or the project owner will be invoiced by WildCrowd when the project is complete.
  • The Project Owner acknowledges that it will be responsible for and undertakes to pay all taxes, fees, levies and duties whether for import or otherwise arising in any part of the world in connection with Net Contributions received through Wildcrowd or the distribution of Rewards.
  • The Project Owner recognises that Wildcrowd will receive five percent from all Contributions as its Commission, and that relevant Processing Charges will either be deducted from Contributions as part of the process of Wildcrowd's chosen payment services provider forwarding the Net Contribution to the Project Owner's Paypal account or WildCrowd will invoice the project owner directly when the campaign is complete.
  • Wildcrowd shall not be liable to the Project Owner in the event that a transferred Net Contribution does not reach the Project Owner within the deadline set out in clause 2.14 because of a delay or failure in the transmission of the Contribution. Wildcrowd does not handle transferred funds directly and all such transfers are made by its chosen payment services provider In the event that a transfer of a Contribution is delayed for reasons outside of Wildcrowd's reasonable control, the Project Owner agrees that the deadline for the transfer of the Net Contribution set out in clause 2.13 shall be extended for as long as reasonably necessary to enable Wildcrowd to effect the transfer of the Net Contribution.
  • The Project Owner accepts that Wildcrowd is not liable to pay any sum, or to take any action, in respect of any Contribution pledged by a Donor which is not subsequently received. In such event the Project Owner's sole remedy shall be against the Donor in breach of its obligations and Wildcrowd shall not be a party to the dispute.
  • Where the Project Owner makes or gives warranties, representations or undertakings to Wildcrowd under the terms of this Agreement, those warranties, representations or undertakings are also made for the benefit of Donor which shall be entitled to rely on them.
  • The Project Owner warrants that it will not use, share, or unnecessarily retain any data concerning any Donor which it has received from Wildcrowd, other than for the purposes of claiming gift aid or contacting that Donor about the Project, or for any other purpose for which the relevant Donor has provided their specific written consent. The Project Owner further warrants that it will at all times act in compliance with the terms of the Data Protection Act 1998, or any other relevant legislation which may update or supersede it.
  • Project Owners specifically warrant that they will not use any data provided to it for the specific purpose of claiming UK Gift Aid for any other purpose.

3. GENERAL FUNDRAISER TERMS

  • The Project Owner agrees that, in registering to use the Service it shall provide accurate Registration Details which it will update as required in order to ensure their continued accuracy.
  • You warrant that you are authorised to commit the Project Owner to the terms of this agreement and that the Project Owner is a registered UK charity with the ability to lawfully commit itself to the terms of this contract and agree to indemnify and hold harmless Wildcrowd in respect of any breach by you of this clause 2
  • The User acknowledges that Wildcrowd has the right to suspend or cancel any Campaign or any Contribution for any reason and at its sole discretion. Users acknowledge that Wildcrowd is not obliged to provide any prior notice of, or explanation for cancellation of a campaign, but acknowledges that, where it is lawful and appropriate for Wildcrowd to do so, that Wildcrowd will endeavour to contact Project Owners and engage in dialogue about its concerns relating to a Campaign before taking such steps.
  • Wildcrowd reserves the right to suspend or terminate the Project Owner's account for any reason and at its sole discretion where it deems such action appropriate. In the event of such suspension or termination, Wildcrowd will notify the Project Owner by email and the Project Owner agrees that it shall not seek to re-register on the Website either directly or indirectly through any related entity or third-party.
  • Project Owners' accounts will not become active on the Website until approved by Wildcrowd. Wildcrowd will endeavour to scrutinise all applications to register new accounts on the Website within two working days of an application being submitted. Wildcrowd endeavours to notify Project Owners of acceptance or rejection of new account applications as soon as possible, but reserves the right to reject and delete new accounts for any reason and without notice.
  • Wildcrowd shall not be liable for any interruption to the Service, whether intentional or otherwise irrespective of whether such interruption has any impact on the ability of Users to make Contributions or to receive Net Contributions.
  • The Project Owner acknowledges that Wildcrowd shall own all Intellectual Property Rights in the Website and the Service, including without limitation, the design, text, graphics, the selection and arrangement thereof. By uploading content to the Website Users warrant to Wildcrowd that they have all necessary permissions to upload such content and agree to grant to Wildcrowd a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce and distribute any and all Intellectual Property Rights inherent in that content, and the User warrants that it has all necessary rights to upload such content to the Website and indemnifies Wildcrowd for any breach of this clause.
  • While Wildcrowd makes no undertaking to act on any such reports, the Project Owner hereby undertakes to promptly report any suspected infringement of Intellectual Property Rights or other dishonest behaviour which they encounter on, or relating to, the Website or Service to Wildcrowd.
  • Users agree that Wildcrowd is a mere intermediary and conduit and is not responsible for any disputes that may arise between Users, the Project Owner further agrees that any such dispute shall be resolved directly between the Users involved and that Wildcrowd shall not be a party to those disputes.
  • Users will be invited to post comments relating to Campaigns and Wildcrowd will be entitled to publish these on Wildcrowd.org All Users hereby acknowledge and agree that Wildcrowd is not responsible for any such content on the Website. In the event of any concerns in respect thereof, a User may contact Wildcrowd at info@Wildcrowd.org
  • Users' personal information submitted to Wildcrowd.org will be used in accordance with our privacy policy set out at here.
  • Cookies will be used to track the behaviour of Users on Wildcrowd.org in accordance with our cookies policy set out at here.

4. VOLUNTEERS AND AID CONTRIBUTIONS

  • A Campaign may request that individuals become Volunteers in respect of either a specific task or for the Campaigns aims more generally. Where this is the case Users may pledge to become Volunteers instead of, or in addition to, making a Contribution.
  • By making any request for Volunteers via the Website a Project Owner is specifically warranting that the purposes for which such Volunteers shall be directed, and that all instructions given to such Volunteers, is and shall be lawful.
  • Within 48 hours of receiving notification from WildCrowd that one or more Users have pledged to become Volunteers the Project Owner shall contact the relevant Volunteers using the contact details provided to it by Wildcrowd in order to arrange volunteering activity with them directly. Wildcrowd shall not be a party to any arrangements made between Volunteers and the Project Owner for the provision of their time and/or services.
  • A Campaign my request that Users contribute Aid. Where this is the case the specific items,or types of items, that are being sought shall be set out in the relevant Campaign.
  • Within 48 hours of receiving notification from WildCrowd that one or more Users have pledged to contribute Aid the Project Owner shall contact the relevant Donors using the contact details provided to it by Wildcrowd and shall arrange for the delivery and transfer of Aid with them directly.
  • Project Owners undertake to indemnify and hold harmless Wildcrowd against all loss or damage which it may suffer in relation to its interactions with any Volunteers and/or for any breach by it of this clause 5.

5. LIMITATION OF LIABILITY

  • All material displayed on the Website is provided without any guarantees, conditions or warranties.
  • To the extent permitted by law, Wildcrowd expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law, or the law of equity.
  • Wildcrowd shall not be liable for:
    • any indirect or consequential loss of any kind;
    • any loss of income or revenue,
    • any loss of business,
    • any loss of profits,
    • any loss of anticipated savings,
    • any loss of data,
    • any loss of goodwill,

    which arises as the result of any User's use of the Website or Service, or in connection with the use, inability to use, operation of, or results of use of the Website or Service, or of any websites linked to or from the Website and any materials posted on it, howsoever arising and whether caused by tort (including negligence), breach of contract, breach of statutory duty, or otherwise, irrespective of whether such loss was foreseeable by either party even if foreseeable.

  • For the avoidance of doubt, Wildcrowd shall have no liability to any User in respect of Contributions (including any claimed right to a refund of such Contributions) or in respect of any failure by any Project Owner to supply Benefits to the satisfaction of any Donor or class of Donors.
  • Wildcrowd is not liable for the direct or indirect consequences of cancelling or suspending a Campaign at any time and may suspend Campaigns at its sole discretion as per clause 3 of this Agreement.
  • Whilst Wildcrowd will make all reasonable attempts to exclude viruses from the Website, it cannot ensure such exclusion and no liability is accepted for viruses or other similar harmful software. The User agrees that it will take all appropriate safeguards to secure its computing equipment before accessing or downloading any information from the Website.
  • Wildcrowd shall not be liable for ensuring that Projects or Benefits are not Unacceptable and the Project Owner, in offering any Benefits via the Website, accepts that it offers all Benefits exclusively on the basis of its own judgment and at its own risk.
  • Wildcrowd is not liable for the accuracy or otherwise of any content posted by a User in respect of another User or a Campaign on Wildcrowd.org
  • Wildcrowd is not liable for any failure in respect of its obligations hereunder which results directly or indirectly from failure or interruption of software or services provided by third parties.
  • Wildcrowd is not responsible for the direct or indirect consequences of a User linking to any other website from the Website.
  • None of the clauses herein shall apply so as to restrict Wildcrowd's liability for death or personal injury resulting from the negligence of Wildcrowd or its appointed agents.
  • No matter how many claims are made and whatever the basis of such claims, Wildcrowd's maximum aggregate liability to a User under or in connection with this Agreement in respect of any loss not excluded by this Agreement, whether such claim arises in contract, tort, or otherwise, shall not exceed twice the value of the total Contributions raised by the Project Owner via the Website in the 12 months preceding the event to which such claim or claims relate.
  • Wildcrowd shall not be liable for any information or material posted by Users on the Website which refers to other Users. All Users accept that such content is based on subjective opinions, is not endorsed by Wildcrowd, and is made available on the Website for information purposes only.
  • Wildcrowd accepts no liability whatsoever in respect of any use which a User may make of information which appears on the Website.
  • This Agreement is made between Wildcrowd and the User accepting it. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

6. WARRANTIES AND INDEMNITY.

  • Wildcrowd does not represent or warrant that the information accessible via Wildcrowd.org is accurate, complete, truthful or current. Users accept that they are responsible for verifying all information on which they choose to rely, particularly information on which they may rely in deciding whether or not to make a Contribution.
  • The Project Owner hereby agrees to indemnify Wildcrowd and undertakes to keep Wildcrowd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Wildcrowd to a third party in settlement of any claim or dispute on the advice of Wildcrowd's legal advisers) incurred or suffered by Wildcrowd as a result of any breach by that User of any provisions of this Agreement, from any dispute arising from that User's use of the Service to advertise a Campaign, or from your use of the Website or Service more generally.

7. GENERAL

  • 7.1 Subject to Clause 7.2, this Agreement and any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof and neither party has relied on any representation made by the other party unless such representation is expressly included herein. Nothing in this Clause 7.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
  • 7.2 Wildcrowd reserves the right to alter the terms of this Agreement from time to time. While Wildcrowd may notify Users of such changes to this Agreement it is under no obligation to do so and by accepting this Agreement you agree that you will check the version of the Agreement in force before you launch a Campaign or make a Contribution.
  • 7.3 If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
  • 7.4 Wildcrowd reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement.
  • 7.5 The Project Owner may not assign or otherwise transfer its rights or obligations under this Agreement without Wildcrowd's prior written consent.
  • 7.6 Any notice given pursuant hereto may be served personally, by post or by email to the last known (email) address of the addressee. It is the responsibility of Users promptly to update Wildcrowd of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service, when sent by email 24 hours after the same has been sent, or if sent by post 72 hours after put into the post correctly addressed and pre-paid.
  • Wildcrowd shall not be liable for any loss suffered by any User or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
  • Nothing in this Agreement shall serve to grant any third party any right to enforce its terms pursuant to the Contracts (Rights of Third Parties) Act or otherwise, save for where the terms of this agreement expressly provide otherwise (including, for the avoidance of doubt, the rights of Donors set out in clause 19, and Wildcrowd's rights as set out in clause 4.2).
  • Any delay or forbearance by Wildcrowd in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
  • This Agreement shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
  • The maximum duration for a campaign on WildCrowd is 90 days.