PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Last updated: November 2020
Younifyme.co is a site operated by Younify CIC . In these terms, references to “we”, “our” and “us” are references to Younify CIC , trading as Younify. We are registered in England and Wales under company number 12149905 and have our registered office at Kemp House, Younify CIC, 152-160 City Road, London EC1V 2NX.
Information about you and your access to our site
Accessing our site
Access to our site is subject to the eligibility requirements detailed below. Access is permitted on a temporary basis. We reserve the right to withdraw and/or amend the service provided on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to parts of our site, or our entire site, to guests and registered users alike.
When using our site, you must comply with the provisions of our acceptable use policy (detailed below).
You are responsible for making all necessary arrangements to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and comply with them.
When you register with Younify CIC and select a password to protect your secure account, you are responsible for maintaining the confidentiality of this password. If you become aware of any unauthorised use of your password, we recommend you change your password immediately and contact us at email@example.com
In using the site, you represent and warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) that you are at least 16 years old for access to guest areas of our site (eg. home, about and legal pages of our site to name a few).
(c) that you are at least 18 years old for access to register for a profile and use the social aspects and functionality of our site.
Use of the site
In using the site you:
(a) will comply with all UK and foreign laws and regulations which apply to your use of the site wherever you are physically located;
(b) will not provide any false information to us or on the site, including but not limited to your name, age, location, email address, charitable organisation or companies details, or other information requested. If we believe you have provided false information, we reserve the right to terminate your account;
(c) will be solely responsible for your interactions with other users of the site. We reserve the right, but have no obligation, to monitor any dispute between you and another user;
Certain features and services available on the site are subject to further terms and conditions and you agree to comply with those if using the related features and/or services. For example, if you are using the “Donations” feature, you agree to comply with the Donations Terms and Conditions detailed below.
Not for profits and business, when registering for our site, will go through the vetting process as part of their account set up. Younify CIC will check certain information relating to the approved Not for profits, which can be found at https://www.gov.uk/find-charity-information. In addition to this information, Younify CIC will use additional sources of publicly available information as part of the vetting and approval process.
Younify CIC reserves the right to withdraw approval from a Not for profit or business at any time.
Acceptable use policy
You may only use our site for lawful purposes.
You also agree not to access without authority, interfere with, damage or disrupt:
(a) any part of our site;
(b) any other user account;
(c) any equipment or network on which our site is stored;
(d) any software used in the provision of our site; or
(e) any equipment or network or software owned or used by any relevant third party.
You undertake not to:
(a) transmit, post or email information, pictures or any other material (“Content”) via the site without permission from the party that owns the intellectual property rights in such Content;
(b) transmit, post or email Content via the site which breaches, infringes, violates or is contrary to any law, by-law, statute or regulation or any other parties’ rights (including but not limited to intellectual property rights and privacy rights);
(c) use the site (without our permission) to promote another site, service or business in any way including but not limited to posting any e-mail addresses or URLs;
(d) buy or sell products or services through the site, other than any activity which seeks to promote a Not for profit;
(e) send any junk email (spam) or chain letters to other users;
(f) transmit, post or email any Content or be involved in behaviour, which we consider to be explicit, racist, abusive, threatening, bullying, harassing, libellous or obscene or encouraging illegal activity; and / or
(g) transmit, post or email to any Content or be involved in behaviour which could otherwise be capable of offending other users.
Younify CIC will determine whether there has been a breach of this acceptable use policy through your use of our site. If we conclude a breach has occurred, we may take such action we deem appropriate, including suspension or termination of your account and/or deletion of Content.
Company and Charitable organisation (“not for profit”) Licence
Some of the features of our site (or ongoing use of it) may only be accessible to companies and not for profits that have purchased a licence from Younify CIC (“Licensed Member”). To become a Licensed Member, companies and not for profits will be guided through the following steps:
(a) an individual representing the company and/or not for profit must first register with the site (“Organisation User”);
(b) the Organisation User may then express an interest with us for becoming a Licensed Member;
(c) we will then review the Organisation User’s request through a verification process, and approve or deny access based on validity of the organisation in locations such as Companies House, the Charity Commission and the like, and if appropriate, contact the Company to issue a contract for the company’s membership (“Company Licence”);
(d) following acceptance of the Company Licence and payment of the appropriate fees, we will provide the Organisation user with access to the additional licensed features.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights on our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You are not permitted to publish or copy any part of our site without our written consent. However, you may be permitted access to resources to promote a project, and we would encourage you to amend, print or publish such resources for the purpose of promoting a project on the basis that such use complies with our acceptable use policy. Any such resources will be clearly marked.
Other than any materials clearly marked as capable of being modified, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or logos. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us.
“Younify CIC”, “Younify”, and any other related trade marks or logos used on our site are trade marks of Younify CIC . You are not permitted to use any of these marks without our express written consent.
Uploading material to our site
Whenever you make use of a feature that allows you to upload data and/or Content to our site, or to make contact with other users of our site, you must comply with the Content standards set out in our acceptable use policy. You warrant that any such contribution complies with those standards, and you indemnify us for any breach of that warranty.
Any Content you upload to our site for public display is considered non-confidential. You hereby grant us a worldwide, non-exclusive, perpetual and irrevocable licence to use, copy, amend, distribute and disclose to third parties any such Content for any purpose associated with the operation of our site. We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of our site. You warrant that you are able to license the Content that you upload to our site to us and that our use of such Content will not infringe the intellectual property rights of any other party.
Reliance on information
We provide an environment that enables companies and charitable organisations (“not for profits”) to connect and agree projects between themselves. Content, commentary, views and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
We aim to update our site regularly, and may change or delete content at any time. If such need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to maintain or update it.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy or it being comprehensive. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including but not limited to:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time,
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Our liability to Licensed Members shall be governed by the Organisation Licence entered into between us.
Transactions with third parties & links from our site
Where our site includes links to external sites and resources provided by third parties, these links are provided for your information only. We do not have control over the contents of those sites or resources, and accept no responsibility for them or any loss or damage that may arise from your use of them. Contracts for the supply of any goods or services formed as a consequence of the use of our site through our site shall be governed by the terms and conditions of supply of the relevant party supplying those goods or services. We will have no involvement, liability or obligations in relation to contracts that you form with any third parties.
Third parties shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 in relation to any agreement between us and you.
Linking to our website
You may link to our home page, provided you do so in a fair and legal way, and does not damage or take advantage of our reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply with the content standards set out in our acceptable use policy. If you wish to make any use of material on our site other than what is set out above, please sent your request to firstname.lastname@example.org
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial – of – service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co – operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Jurisdiction and applicable law
The English and Welsh courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site, however we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant jurisdiction.
You will be charged according the chosen subscription for Younify CIC Services, unless otherwise stipulated (eg. discounts, direct agreement with Younify CIC and you the user, offers, etc). All payments are to be made by payment card (e.g. a debit card or credit card) in GBP. If this is not the same currency as the card used for payment, your card provider may charge additional fees. Refer to your card provider’s terms and conditions for more details. Younify CIC are not liable for any additional fees charged by your card provider when purchasing a subscription. Please note that we do not accept payment by cash or cheque.
As soon as you confirm to us through the Younify CIC website that you wish to proceed with your subscription we will use Stripe Payments UK Ltd (“Stripe”), a third party payment service provider, to process the transaction. All transactions, the storing of financial data and the transfer of funds is managed entirely by Stripe. Users will be subject to Stripe’s Terms and Conditions https://stripe.com/GB/checkout/legal. Younify CIC does not hold or transfer funds, nor stores your payment card details on our system.
Once your credit or debit card provider approves the transaction, Stripe will arrange the transfer of funds in accordance with its standard terms and practices. You will then receive confirmation of your payment by email. Users can review payments and update subscriptions in their account.
If Stripe is unable to complete the transfer of your payment then we will contact you, to make alternative arrangements for payment. If we are unable to contact you then Younify CIC, at its discretion, will not approve registration until such a time as payment is complete.
Subscriptions at Younifyme.co will auto renew at the end of the subscription period. You will receive prior notice to update any details if required. If Stripe is unable to complete the transfer of your payment then we will contact you, to make alternative arrangements for payment. If we are unable to contact you then Younify CIC, at its discretion, will cancel user access until such a time as payment is completed.
Cancelling a Subscription
You may cancel your subscription at any time. Cancellation however will only take place at the end of the subscription period you selected. You can cancel your subscription in your account via our site. Should you choose to cancel your subscription prior to the end of it’s period a refund will not be processed for any reason, unless there is an applicable reason to do so, to the discretion of Younify CIC.
Our site allows individuals to donate money to any of the charities, community interest companies or social enterprises listed on our site (“Not for profit”). Each Not for profit has authorised Younify CIC to facilitate the collection of donations on its behalf. Not for profit are listed on the site at our discretion. However we do not accept responsibility for the activities of the Not for profit. A Not for profit must have the appropriate authorisation, permit or licence to operate as a charity, community interest company or social enterprise, as required by the local laws of the territory it operates in. Younify CIC reserves the right to withdraw this service at any time.
As soon as you confirm to us through the Younify CIC website that you wish to proceed with your donation we will use Stripe Payments UK Ltd (“Stripe”), a third party payment service provider, to process the transaction. All donation transactions, the storing of financial data and the transfer of funds is managed entirely by Stripe. Users will be subject to Stripe’s Terms and Conditions https://stripe.com/GB/checkout/legal. Younify CIC does not hold or transfer funds, nor stores your payment card details on our system.
Once your credit or debit card provider approves the transaction, Stripe will arrange the transfer of funds to the selected Not for profit in accordance with its standard terms and practices. You will then receive confirmation of your donation by email.
If Stripe are unable to complete the transfer of your payment to your nominated Not for profit or we feel it is not appropriate to pass on the donation (for example, if the charity is de-registered by the Charity Commission) then we will contact you, and arrange a return of the funds to you in full. If we are unable to contact you then Younify CIC, at its discretion, will select an appropriate, alternative charity to pass the donation or payment to.
Donations can only be cancelled if you contact us directly at email@example.com within 24 hours after you authorise it on our site. If we receive a cancellation request from you after the donation has been allocated to the Not for profit, we may be unable to cancel it (or refund the money) as the donation will be on its way to the Not for profit at that stage. Once the Not for profit has received the donation, you will need to contact the Not for profit directly if you wish to make a refund request. Where we do cancel a payment for you, we may charge you for the costs that we have incurred in processing your payment.
Use of your donation
Younify CIC does not warrant that your donations will be used for any particular purpose and is not responsible for any dissatisfaction you may have regarding the Not for profit’s use of any donation you may make through the site, or for any misuse or non-use of such donations by the Not for profit. After donations are made, all further dealings are solely between the donor and the Not for profit.
Please note that Not for profits reserve the right to use your donation at their discretion. They will use your donation for any purpose in accordance with their own rules. Younify CIC cannot guarantee that funds will be earmarked for a particular appeal. If you want your donation to be considered for a specific purpose or for a particular appeal you should contact the Not for profit directly through our messaging functionality.
Younify CIC Fees
Younify CIC charges a small transaction fee on every donation made on the site or its associated services to cover the costs incurred. The fee is currently 5% of the gross donation and will be automatically deducted from your donation, along with the Stripe processing fees typically 1.4% + 20p. For more information visit https://stripe.com/gb/pricing
All payments are to be made by payment card (e.g. a debit card or credit card) in the currency of the project you are donating to. If this is not the same currency as the card used for payment, your card provider may charge additional fees. Refer to your card provider’s terms and conditions for more details. Younify CIC are not liable for any additional fees charged by your card provider when making a donation. Please note that we do not accept payment by cash or cheque.
Terms and Conditions for Not for profits Receiving Donations
Donation services are only available for use by charities with a registered address in the UK and who are registered with the Charity Commission for England & Wales, the Office of the Scottish Charity Regulator or The Charity Commission for Northern Ireland, or community interest companies with a registered address in the UK (collectively referred to as ‘Not for profits’).
The Not for profit is responsible for ensuring that all details provided to Younify CIC and Stripe in connection with the Not for profit’s account and all content generated on the site by or on behalf of the Not for profit is accurate and up-to-date.
The Not for profit is responsible for ensuring that any donations paid are used in accordance with any stated purpose or fundraising activity or appeal, and in accordance with applicable laws and regulations.
The Not for profit shall ensure that its account is only accessible by authorised personnel and will use all reasonable endeavours to prevent unauthorised access to, or use of the site or Younify CIC’s services.
The Not for profit shall carry out all necessary obligations (whether or not set out in these terms) in a timely and efficient manner and will provide Younify CIC with all reasonable information and assistance required by it in order to perform its obligations under these terms.
Payment Service Provider
In order to process donation payments, Younify CIC uses a third party payment provider, Stripe Payments UK Ltd (“Stripe”). To receive donations via Younify CIC, Not for profits are required to have an account with Stripe and connect this to the Younify CIC Stripe merchant account. Not for profits can connect an existing Stripe account or set up a new Stripe account as part of the approval process. Not for profits set up and manage their Stripe account directly with Stripe and are subject to Stripe’s Terms and Conditions (https://stripe.com/gb/connect-account/legal)
If Stripe are unable to complete the payment due to an error in your account, or we feel that it is appropriate to revoke your approval (for example, if the charity is de-registered by the Charity Commission for England & Wales, or has a sanction listed against it) then we will contact donors to arrange the return of their donations.
Younify CIC reserves the right to use alternative or additional payment providers at any time. You agree to fully indemnify Younify CIC against any claim, demand, loss, liability, costs and expenses arising out of or relating to the use of your Stripe account, including but not limited to any breach by you, your agents, contractors, or employees, of Stripe’s Terms and Conditions or use of the account which is fraudulent or unlawful.
Younify CIC Fees
Younify CIC charges a small transaction fee on every donation made on the site or its associated services to cover the costs incurred. The fee is currently 5% of the gross donation and will be automatically deducted from your donation, along with the Stripe processing fees typically 1.4% + 20p. For more information visit https://stripe.com/gb/pricing. Fees will be deducted automatically through Stripe before donations are credited to your account.
All donations are made in the currency of the project the donation is made to. Younify CIC will not be liable for any additional fees or charges for currency conversion incurred by a project.
Cancellations and chargebacks
Donors will only be able to cancel a donation if they contact Younify CIC within 24 hours after it is authorised on our site. After this time, donors will be required to contact the Not for profit directly to request a refund and any refund is at the Not for profit’s discretion. Where a full refund is provided, any fees charged by Stripe will also be refunded to you.
Where a customer disputes a donation as an unauthorised payment, known as a Chargeback, and the dispute is resolved in favour of the donor, the donation amount (minus the initial administration fee charged) will be deducted from the Not for profit account (including, where necessary, from any funds held in respect of other donations) and Younify CIC shall not have any liability to the Not for profit in respect of Chargebacks or other monetary refunds.
Payment of funds
Payments will be made directly by Stripe to the bank account associated with the Not for profit’s Stripe account in accordance with Stripe’s standard payment procedures.
Unauthorised card use
When a subscription is purchased, or donation is made on the site, and charged to your card 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 if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
By making a subscription purchase, or donation, you warrant and represent that you are the cardholder, or have the express permission of the cardholder, and that you are not acting in a fraudulent, unlawful or abusive manner.
Payment and Financial Information
Younify CIC is not an accounting, taxation or financial advisor, and you should not rely on information given on the site to determine the accounting, tax or financial consequences of purchasing a subscription or making a donation. We recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.
Information you provide to us
Before we can process a subscription or donation, you must provide us with correct details of the following:
1. the recipient Not for profit (this will often be pre-selected for you if you choose to make a donation through a part of the Younify CIC website that is designated to that Not for profit). As some Not for profits can have similar names, it is your responsibility to check that you are actually donating to your chosen Not for profit;
2. your name and email address; and
3. details of the credit or debit card that you wish to use to fund the subscription or donation.
We will monitor all subscription and donation payments made through the site. We may ask you to provide us with additional personal information to fulfil our legal responsibilities before your transaction is completed.
Registered users, logged in to the site, or creating an account will be able to view their subscription and donations through their account dashboard, however payment card details will not be stored by Younifyme.co. Your subscription and donation history is not visible to other site users. Personal data provided during the donation will be used for the sole purpose of facilitating the donation and providing Not for profits with data to support their processing, auditing and reporting on donations received, and where applicable to enable them to support claims made under the Gift Aid scheme.