Terms and Conditions
Eternal Aid, a charity registered in England and Wales under charity registration number 1193004 and have our registered office at 49 Rupert Street, Wolverhampton, WV3 9NR, operates and maintains the online donations platform at www.EternalAid.co.uk, with Eternal Aid as one of its trading names.
Eternal Aid is a website at www.EternalAid.com which allows charities to run fundraising campaigns, and users to donate to charities of their choice, (together, the “Eternal Aid Services”). The Terms and Conditions govern Charity’s use of Eternal Aid Services.
Please read these Terms and Conditions carefully. By applying to be (and continuing to be) a member of the Eternal Aid platform, each charity and similar organisation (each a “Charity” for the purposes of these Terms and Conditions) are agreeing to these Terms and Conditions. If the Charity does not wish to be bound by these Terms and Conditions, the Charity should not continue to use or access any of the Eternal Aid Services (as defined below).
Eternal Aid operates its business in a number of countries and Sections 1 to 15 of these Terms and Conditions (the “core terms”) apply to all Charities, wherever they are located.
Eternal Aid may change or update these Terms and Conditions from time to time. The current version of the Terms and Conditions will be available on www.EternalAid.com. It is Charity’s responsibility to access and check these Terms and Conditions whenever the Charity accesses or uses the Eternal Aid Services. The latest version of these Terms and Conditions will govern any future usage by the Charity of the Eternal Aid Services.
These Terms and Conditions supersede and replace all previous versions of the Terms and Conditions.
1. Term & Membership
1.1 For the purposes of these Terms and Conditions, “Commencement Date” shall mean the date from which the Charity is notified that the Charity has been successfully registered to use the Eternal Aid Services (which shall be at Eternal Aid’s sole discretion). Eternal Aid shall provide the Eternal Aid Services to the Charity and the Charity shall comply with these Terms and Conditions until the membership is validly terminated.
1.2 Membership is for a minimum period of one (1) year from the Commencement Date and thereafter from year to year until terminated by written notice by either party to the other, in accordance with Section 10.1 below. Please see Section 10 of these Terms and Conditions for further termination provisions.
2. Eternal Aid’ Obligations
Donations
2.1 Eternal Aid will maintain all funds in its Eternal Aid Bank Account at Co-operative Bank in London and or Unity Trust Bank, Birmingham. Monies (other than the interest accruing on such monies) are held on behalf of the Charity and do not belong to Eternal Aid.
2.2 Eternal Aid will operate the Eternal Aid Services so that donors can make online donations by credit or debit card, or by any other payment method made available by Eternal Aid, through a Fundraising Page set up for the Charity or on Charity’s area on the Eternal Aid website. For all Charities, use of the Eternal Aid Services is on an “as is” and “as available” basis. Whilst Eternal Aid cannot promise troublefree use, experience suggests that the Eternal Aid Services are reliable.
2.3 Eternal Aid will set up arrangements to ensure that all donations received by Eternal Aid (after deduction of any bank processing charges and applicable sales taxes) are:
2.3.1 paid into its bank account and held in trust for the Charity; and
2.3.2 paid out by bank transfer from the Eternal Aid bank account to Charity’s validated bank account. This payment will be a lump-sum payment, made within 14 days of the Eternal Aid campaign ending.
Support and Donation Acknowledgements
2.4 Eternal Aid will send prompt email acknowledgements to donors in respect of each donation made to the Charity via the Eternal Aid Services.
2.5 Eternal Aid will respond to donors’ account enquiries that it receives.
Personal Information
2.6 Eternal Aid will capture personal information including but not limited to the donor’s name, title, address and email address (“Personal Information”) at all times in accordance with local privacy laws, regulatory requirements and guidance as updated and amended from time to time including such laws, regulatory requirements and guidance applicable in the territory where donors access the Website (“Local Privacy Laws”) and protect and secure such information. Charities should refer to for more details of how Eternal Aid processes Personal Information and uses cookies. For the avoidance of doubt, this Section 2.7 does not imply that Eternal Aid will share such information with the Charity, but selected Personal Information shall be shared with the Charity in accordance with Section 2.9 below.
2.7 To the maximum extent possible under applicable law, Eternal Aid will abide by the instructions of all donors in respect of their Personal Information.
2.8 Eternal Aid will not sell, trade or rent Personal Information to third parties.
Records and Audit Requirements
2.9 Eternal Aid will keep proper records of all donations and income received and expenses incurred for such period as may from time to time be required by the applicable local governmental revenue body, and maintain records which relate to the Charity and the performance of the obligations hereunder (to which the Charity may, subject to the Global Privacy Laws, have access and make copies of at its own expense on request and at reasonable times).
2.10 Eternal Aid will provide each Charity with reports outlining: the number of donations received, the value of the donations received, and the Transaction Fees deducted from the total donations in accordance with Section 6.
Site Maintenance and Miscellaneous
2.11 Eternal Aid will comply at all times with all applicable laws and applicable authority, licence, permit or registration requirements.
2.12 Eternal Aid will undertake planned maintenance and upkeep of the Eternal Aid Services.
3. Charity’s Obligations – General
Donations
3.1 The Charity will ensure that all content (including text and images) supplied by it to Eternal Aid for display on the Eternal Aid Services (including, in each case, links to any third party sites or content) will not violate any law or regulation or be defamatory, misleading, obscene or breach any intellectual property rights of a third party or breach any right of or duty owed to a third party.
3.2 The Charity will provide written confirmation to Eternal Aid of any donations (including any Gift Aid reclaimed on the same) that it permits Eternal Aid to reimburse to the donor. Eternal Aid will not permit refunds without prior written consent from the Charity unless required by applicable local laws.
3.3 Subject to local applicable laws, the Charity will permit Eternal Aid to deduct such refunds, and any chargebacks arising, from subsequent donations payable to the Charity. Should no donations arise within one (1) week of the refund or chargeback Eternal Aid reserves the right to invoice the Charity for the refunds and chargebacks, and the Charity agrees to settle that invoice within one (1) month of the invoice date.
3.4 The Charity will maintain the necessary authority, permit licence, consent, approval and registration for it to fundraise (and, where applicable, for Eternal Aid to fundraise on its behalf) in accordance with applicable local laws and if Eternal Aid needs any such authority, permit, licence, consent, approval or registration for it to fundraise on behalf of the Charity then the Charity will, at no cost to Eternal Aid, provide all such assistance as Eternal Aid reasonably requires to assist Eternal Aid with the same.
3.5 The Charity will inform Eternal Aid immediately if, for any reason, it:
3.5.1 ceases to carry on operating for charitable purposes;
3.5.2 is found to be engaged in any corrupt or immoral practices;
3.5.3 is subject to any investigation or inquiry which could result in the necessary authority, permit, licence, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws being suspended, revoked or withdrawn; or
3.5.4 ceases to have the necessary authority, permit, licence, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws.
3.6 The Charity will promptly provide any information reasonably requested by Eternal Aid in order for Eternal Aid to be able to provide the Eternal Aid Services to the Charity effectively.
3.7 The Charity will ensure that, in each case where a donor is advised that his/her donation will be used for a specific purpose, appeal or outcome, the donation is used only for that specific purpose, appeal or outcome.
3.8 The Charity will comply with all applicable laws and regulations in its use of the Eternal Aid Services.
3.9 The Charity represents, warrants and undertakes to Eternal Aid that:
3.9.1 these Terms and Conditions have been accepted and agreed to by a sufficient number of its duly authorised representatives; and
3.9.2 any documents provided to Eternal Aid as part of Charity’s application for registration or maintenance of such registration) have been or shall be executed by a sufficient number of its duly authorised representatives.
4. Charity’s Obligations – Data Protection and Direct Marketing
4.1 To the extent that Charity’s use of the Eternal Aid services results in access to any Personal Information, the Charity will:
4.1.1 at all times assist with the responsibilities of Eternal Aid, as a data controller responsible for determining how the Personal Information is processed under the provisions of the Global Privacy Laws;
4.1.2 not do, or cause or permit to be done, anything which may result in a breach by Eternal Aid of the Global Privacy Laws and comply with all reasonable instructions from Eternal Aid relating to the processing by the Charity of such Personal Information;
4.1.3 comply with the Local Privacy Laws in respect of Charity’s collection, use, disclosure or processing of the Personal Information;
4.1.4 abide by the lawful instructions of all data subjects in respect of the Personal Information and not do anything to compromise the security of such information;
4.1.5 not sell, trade or rent Personal Information to third parties;
4.1.6 hold the Personal Information securely and not disclose it to anyone other than Eternal Aid, as agreed to by the data subject and/or as permitted by Global Privacy Laws;
4.1.7 implement adequate security, technical and organizational measures against all unauthorized, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with Global Privacy Laws, and abide by Eternal Aid’ reasonable requirements to ensure the security of the Personal Information as notified to the Charity from time to time;
4.1.8 use Personal Information appropriately and only for the specific purposes as notified to the Charity from time to time, including by way of the applicable privacy policy available on Eternal Aid’s Website; and
4.1.9 not retain any Personal Information for longer than is necessary.
4.2 In addition to its obligations under Section 4.1 above, if Charity’s use of the Eternal Aid services results in access to any Personal Information and the donor has agreed to receive marketing communications from the Charity, the Charity will only send marketing communications to the donor to the extent that the donor:
4.2.1 has indicated their preference to receive such communications; and
4.2.2 has not indicated a preference or otherwise asked to stop receiving such communications. This includes the donor clicking an unsubscribe link or registering with any applicable preference service (which the Charity agrees it shall, to the extent it is required to do so, check before sending any communications).
Where use of the Eternal Aid services results in access to any Personal Information relating to a donor but that donor has not agreed to receive marketing communications from the Charity, the Charity shall only communicate with that donor in relation to their specific donation and shall not (unless separate consent is obtained by the Charity) communicate with that person for any other purpose (including marketing).
4.3 The Charity shall be liable for and indemnify Eternal Aid, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by Eternal Aid which arise (directly or indirectly) out of or in connection with any breach of Sections 4.1 or 4.2 by the Charity.
5. Intellectual Property Rights and Licence
5.1 All intellectual property rights in any material (including text, photographs and other images, trademarks and logos) contained in the Eternal Aid Services is either owned by Eternal Aid or has been licensed to Eternal Aid by the rights owner(s) so that Eternal Aid can use this material as part of providing the Eternal Aid Services. Nothing in these Terms and Conditions shall operate as an assignment of any such intellectual property rights.
5.2 The Charity hereby grants to Eternal Aid, its affiliates and its partners a nonexclusive, worldwide and royalty-free licence to use its name and logo in connection with the performance and promotion of the Eternal Aid Services.
5.3 The licence shall terminate automatically on valid termination of Charity’s membership in accordance with Section 10 below.
5.4 The Charity shall be liable for and shall indemnify Eternal Aid, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by Eternal Aid which arise (directly or indirectly) out of or in connection with any third-party demand, claim or action alleging infringement of the third party’s intellectual property rights.
6. Fees
In consideration of using the Eternal Aid Services, the Charity shall pay any subscription fees set out in this Section 6 to Eternal Aid (together, the “Fees”). Subscription Fees
6.1 The subscription fee shall be payable via bank transfer, as a lump-sum payment, unless Eternal Aid has given express permission otherwise. Eternal Aid retains the right to suspend Charity’s use of the Eternal Aid Services at any time should collection of this amount not be successful for any reason or the Charity does not pay any other amount due to Eternal Aid under these Terms and Conditions for any other reason. In this situation, the Charity will only be granted access to the Eternal Aid Services upon receipt of any outstanding subscription fees.
6.2 Subscription fees will be payable by the Charity within seven (7) days of receipt of invoice.
7. LIABILITY
7.1 Eternal Aid DOES NOT, AND NOTHING IN THESE TERMS AND CONDITIONS SHALL ACT TO EXCLUDE OR LIMIT ETERNAL AID’S OR THE CHARITY’S LIABILITY: (I) FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE; (II) FRAUD; (III) UNDER ANY INDEMNITY CONTAINED IN THIS AGREEMENT; OR (IV) ANY OTHER LIABILITY WHICH MAY NOT BY APPLICABLE LAW BE EXCLUDED OR LIMITED.
7.2 The Charity agrees that the Eternal Aid services ARE provided on an “as is” and “as available” basis and that its use of the Eternal Aid services is at Charity’s sole risk. Eternal Aid does not guarantee continuous, uninterrupted, error or virus free or secure access to our Services and operation of the Eternal Aid services may be interfered with by numerous factors outside of Eternal Aid’s control. On that basis, except as expressly set out in these Terms and Conditions, Eternal Aid does not enter into conditions, warranties or other terms in relation to the Eternal Aid services, and they are excluded to the fullest extent permissible by law.
7.3 Subject to Section 7.1, in no event, shall Eternal Aid be liable (whether for breach of contract, negligence or for any other reason) for any loss or damage which the Charity may claim to have suffered by reason of its (or any donor, fundraiser or other users) accessing and use of (or inability to access and use) the Eternal Aid services OR ANY PART OF THEM, including (but not limited to) loss of profits, exemplary or special damages, loss of sales, LOSS OF DONATIONS, LOSS OF GIFT AID, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or a waste of management or other staff time, or for any indirect, incidental consequential or special loss, however arising.
7.4 Eternal Aid may change the format and content of the Eternal Aid services from time to time. IN PARTICULAR, The Charity should refresh its browser each time it visits the Website to ensure that the Charity downloads the most up to date version of the Website, including the latest version of these Terms and Conditions.
7.5 Subject to the other terms of this section 7, the total aggregate liability of Eternal Aid arising under or in connection with the Charity (or any donor, or other users) accessing and using the Eternal Aid services and inability to access or use THE Eternal Aid SERVICES shall be limited to the total fees paid under these Terms and Conditions by the Charity during the preceding 12 months period ending on the date the circumstances giving rise to the liability arose.
7.6 Some countries do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages which means that some of the above limitations may not apply to Charities BASED IN THOSE COUNTRIES. In these countries, Eternal Aid’s liability will be limited to the greatest extent permitted by law.
8. Insurance
Each party must at all times maintain such adequate insurances as are required by local applicable laws or as are customary for the parties to an agreement of the nature of these Terms and Conditions to maintain in the local market place.
9. Confidential Information
During the term of Charity’s membership and for a period of seven (7) years thereafter, the parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of Eternal Aid’s Services and which is not in the public domain. No party shall use or disclose to any third party such information belonging to the other party without that party’s prior written consent, except where required to do so by applicable local law or regulatory or governmental body. This Section 9 shall survive termination of these Terms and Conditions.
The applicable local laws in the United Kingdom, which may require disclosure of otherwise confidential information, include, without limitation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.
10. Termination
10.1 In accordance with Section 1 above, a notice of cancellation should be received no later than 6 months prior to the Ramadhan of that year. All notices from a Charity must include Charity’s full name and registered charity number. Such notice shall be deemed to have been received within five (5) business days if posted (att: finance department) and within twenty-four (24) hours if emailed (info@EternalAid.com). Late cancellation notices may not result in a refund of the subscription fees. Please note that cancelling a direct debit that has been set up to pay the subscription fee described in Section 6 is not sufficient to cancel a Charity membership; so that Eternal Aid can process a cancellation request accurately and on time, post or email notice must also be provided to Eternal Aid in accordance with this Section 10.1.
10.2 In addition to the rights of each party under Sections 1 and 10.1 above, each party will have the right to terminate the use (and provision) of the Eternal Aid Services with immediate effect by notice in writing when, and at any time after, the other party commits an act of default (as defined below) or commits any act or threatens to do any act the direct result of which is to damage or is likely to damage the reputation of the other party. An act of default by either party shall occur if:
10.2.1 the party is wound up or a liquidator or examiner is appointed;
10.2.2 an administration order is made in relation to the party or a receiver or an administrative receiver is appointed over or an encumbrancer takes possession of or sells all of the party’s assets;
10.2.3 the party makes any arrangement or composition with its creditors generally;
10.2.4 the party ceases or threatens to cease to carry on its business;
10.2.5 any event analogous to the events listed in Sections 10.2.1 – 10.2.4 (inclusive) occurs in any territory in relation to the party or any step towards any such event or analogous event is taken by any person and not promptly dismissed or reversed.
10.3 In addition to its rights under Sections 1, 10.1 and 10.2 above, in the event, that the Charity materially breaches any of these Terms and Conditions or if Eternal Aid reasonably considers that any of the events listed in Sections 3.5.1, 3.5.2, 3.5.3 or 3.5.4 apply (or are likely to apply), Eternal Aid may, at its sole discretion, without notice and with no liability to the Charity do one or both of the following:
10.3.1 suspend or terminate Charity’s access to the Eternal Aid Services;
10.3.2 suspend any payments due to the Charity under Section 2.3.
10.4 To the maximum extent permitted by applicable law Eternal Aid, in any event, reserves the right to withdraw the Eternal Aid Services (or any part of them) from public access at any time, at its complete discretion.
11. Suspension of Eternal Aid Services
Eternal Aid may, in its sole discretion, without liability to the Charity, suspend the operation of any of the Eternal Aid Services in full or in part at any time, for example, but without limitation for repair or maintenance work or in order to update or upgrade the contents or functionality of the Eternal Aid Services from time to time.
12. Notices and Entire Agreement
12.1 Notices referred to above should be made in writing and sent by registered post to the addresses given in the applicable country-specific terms or, in the case of notices to be sent by or to Eternal Aid, by email to contact@Eternal Aid.com.
12.2 These Terms and Conditions represent the entire agreement between Eternal Aid and the Charity and supersede and replace any other representations made orally or in writing.
13. Third Party Rights
A person who is not a party to these Terms and Conditions has no right to enforce any term of these Terms and Conditions.
14. Grievances from employees, complaints handling process and dispute resolution
Grievances from employees
14.1 Any grievances by employees of either party will be dealt with by that party.
Complaint handling procedure
14.2 Eternal Aid will promptly respond to any complaints from donors concerning the Eternal Aid Services.
14.3 Eternal Aid will maintain records relating to the complaints it receives.
Dispute resolution
14.4 If a dispute arises under these Terms and Conditions or concerning its subject matter, either party may at any time give written notice to the other requesting that a meeting take place to seek to resolve the dispute. The nominated senior representatives of both parties must meet within five business days of the notice and try to resolve the dispute in good faith. If such a meeting does not take place or if five business days after the meeting the dispute remains unresolved, either party may pursue its rights at law.
14.5 Despite the existence of a dispute, each party must continue to perform its obligations under these Terms and Conditions.
14.6 Sections 14.4 and 14.5 do not restrict or limit the right of either party to obtain interim, protective or interlocutory relief, or to immediately terminate these Terms and Conditions where these Terms and Conditions provide such a right.
15. Governing Law
These Terms and Conditions and any contractual or non-contractual claim arising out of or in connection with a Charity’s use of the Eternal Aid Services are governed by the law. The governing law for the purpose of Section 15 is the law of England, and the English courts have exclusive jurisdiction.
Additional terms for Charities in the United Kingdom
Gift Aid
1.1 Eternal Aid will offer all donors who are UK taxpayers the option of making donations in a manner that makes them eligible for Gift Aid reclaims.
1.2 Eternal Aid will make available to Charity all data necessary to process the Gift Aid of their donors where the donor has given the appropriate permissions.
