This agreement is between you and WeAreGoodGiving Ltd (trading as GoodPAYE), a company registered in England and Wales with number 13256341 and its registered office at 85 Great Portland Street, London W1W 7LT (“GoodPAYE”, “we”, “us”, “our”).
- if you are an individual employed by a company which operates a payroll giving scheme, for managing your GoodPAYE Platform user account, obtaining information about charities, and providing charitable donation instructions; or
- if you are an individual acting on behalf of an employer, for managing your GoodPAYE Platform user account, making payroll deductions in accordance with employees’ charitable donation instructions, and managing charity fundraising and other services provided by us; or
- if you are an individual acting on behalf of a charity, for managing your GoodPAYE Platform user account, accessing information relating to employees’ charitable donations and, if applicable, additional contact and other information relating to such employees.
- if you are using the GoodPAYE Platform to make and manage your charitable payroll giving donation instructions, you certify that no portion of your payroll giving donations will be used to make a Gift Aid payment;
- you are at least 18 years old; and
- all information that you provide to us was or will be true and accurate, and not misleading in any material respect, as at the date it was or will be provided.
You access the GoodPAYE Platform using login credentials that may be set up by you, or provided by us. If the GoodPAYE Platform is accessed using your login credentials then we are entitled to assume that you are the person using the GoodPAYE Platform. It is your sole responsibility to ensure that your login credentials are kept secure at all times.
- you must not permit any other person to access the GoodPAYE Platform, and must use all reasonable efforts, including by taking reasonable security measures in relation to your login credentials, to ensure that no unauthorised person accesses the GoodPAYE Platform;
- you must not use the GoodPAYE Platform for any unlawful purpose, or in any way that interrupts, damages, impairs or makes the GoodPAYE Platform less efficient;
- you must not access or attempt to access the accounts of other users of the GoodPAYE Platform, or penetrate or attempt to penetrate the GoodPAYE Platform’s security measures; and
- you must not use the GoodPAYE Platform for any purpose other those specified in the Introduction above.
For the avoidance of doubt, you have no right to access the software code (including object code, intermediate code and source code) of the GoodPAYE Platform.
Technical and other limitations
We operate anti-virus and malicious software prevention measures, but we cannot guarantee that the GoodPAYE Platform will always be virus-free. You should ensure that the computer or other device you use to access the GoodPAYE Platform is protected against viruses and malicious software.
Although we will try to make sure that the GoodPAYE Platform is available at all times, sometimes you will not be able to access and use the GoodPAYE Platform due to maintenance requirements or events outside our control. We are not liable for any periods of non-availability, but we will take all steps that we reasonably can to minimise the interruption.
The GoodPAYE Platform contains content uploaded by charities for the purpose of creating their charity profile pages on the GoodPAYE Platform. You acknowledge that such content is not under our control, and we are not responsible for, and do not endorse the content of, those charity profile pages. You must make your own independent judgment about the content on those pages.
The GoodPAYE Platform contains links to charities’ and other third parties’ websites. You acknowledge that such websites are not under our control, and we are not responsible for, and do not endorse the content of, those websites. You must make your own independent judgment about your use of any third party websites, including (but not limited to) the terms of any privacy notice applicable to them.
You acknowledge and accept that data uploaded to the GoodPAYE Platform may be irretrievably lost or corrupted at any time, and it is your sole responsibility to make all necessary copies and backups of any data that you upload. If data uploaded to the GoodPAYE Platform is lost or corrupted, our liability in respect of such loss or corruption shall be limited to restoring the lost or corrupted data using your backups.
Intellectual Property Rights
You retain ownership of all copyright in any text, data, media, images, video or other information you upload or submit to the GoodPAYE Platform. You grant us a worldwide exclusive, royalty-free, non-terminable licence to use, copy, distribute, adapt, reformat, prepare derivate works of, publish and transmit such data in any manner in relation to the operation and promotion of the GoodPAYE Platform.
Subject to the above paragraph as between you and us, we own all copyright and other intellectual property rights existing in or in relation to the GoodPAYE Platform.
Subject to the above paragraphs, if and to the extent that any copyright or other intellectual property rights existing in or in relation to the GoodPAYE Platform vest in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such copyright or other intellectual property rights back to us and provide us with a waiver of moral rights.
Your personal information and privacy
- liability for death or personal injury resulting from negligence; or
- liability for any damage or loss incurred as a result of fraud or fraudulent misrepresentation; or
- any other liability that cannot be excluded or limited by law.
Subject to the above paragraph:
- neither GoodPAYE nor you shall be liable for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
Notices given pursuant to the above paragraphs through the GoodPAYE Platform or by email shall be deemed received by the recipient upon despatch.
Neither GoodPAYE nor you will be liable for any failure or delay in the performance of obligations on account of riots, fire, flood, earthquake, explosion, epidemics, war, strike or labour disputes (not involving the party claiming force majeure), embargo, civil or military authority, act of God, governmental action or other causes beyond our or your reasonable control and without our or your fault or negligence.