Beneficiaries Terms and Conditions

Revised July 2023

Memory Giving was developed in 2010 by a seventh-generation family-owned funeral business that has extensive experience in managing in memory donations. Since inception, we have aimed to improve on the traditional funeral director managed cash and cheque collection process through the development of a secure online platform that can be integrated into any funeral director website, to enhance the service and care each bereaved family experience. Unlimited collection pages can be created by funeral directors or directly by families when a funeral director does not support online giving. Any UK charity or charitable beneficiary can be chosen by the family.

We aim to enhance the gifting experience by allowing donors to leave a message of sympathy and share their grief in recognition that the act of giving in memory is centred around their personal sympathy and loss and not necessarily the selected charity. As Memory Giving completes all Gift Aid claims directly with HMRC, donor details are not passed to the charity.

We aim to benefit charities by making it easy to access funeral director managed collections; we rapidly transfer all funds and automatically claim Gift Aid (where possible, which is then paid in full directly by HMRC) and offer access to simple reporting allowing acknowledge of the gift to the bereaved family.

The cost to maintain and operate the service comes from a 5% commission on donations.

Charities and Funeral Directors are not charged to use this service.

TERMS AND CONDITIONS

These are the terms and conditions (“Terms”) on which we provide the Website and Services to you in your capacity as a Charity / Beneficiary. If you are a donor please refer to the Donor Terms and if you are funeral director please refer to the Funeral Director Terms.

We may update these Terms from time to time. It is your responsibility to review these Terms wherever you access the Website. The latest version of these Terms will govern any future usage by you of the Website and Services.

1. ABOUT MEMORY GIVING
   1. The website at domain www.memorygiving.com ("Website") is a website operated by Purple Patch Management Limited, registered in England and Wales under company number 07445937 with its registered office at 36 Eldon Road, Reading, RG1 4DL and trading as Memory Giving (”MG", “we” “us” or “our”).
   2. Our Website allows friends and family to make online donations to charitable organisations (Beneficiaries) in memory of a deceased family member or friend via a fund page. Fund pages are created by funeral directors acting under instruction from families or directly by families who engage a funeral director that does not support donations themselves.
   3. References to “you”, “yours” or similar are references to you as a charity or other eligible organisation that has applied to MG and/or been registered by MG as a member.
   4. If you have any questions about these Terms or any problems accessing or using the Website or any of its contents, please contact theteam@memorygiving.com.
2. WEBSITE TERMS AND ACCOUNT REGISTRATION
   1. These Terms inform you of the terms of use of browsing the Website and accessing the content and services provided to you by us on or from the Website (collectively the Service).
   2. Your legal agreement with us is made up of:
      1. these Terms; and
      2. our Privacy Policy, which sets out the terms on which we process any information collected about you from, and the cookies we use on, the Website. By using the Service, you consent to such processing, and you warrant that all information provided by you is accurate.
   3. The Service is provided to you for your use subject to these Terms. By using the Service, you accept these Terms.
   4. The Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
   5. There is no charge for registering to use the service of the MG platform. Recipients will not be able to use the full services offered by our Website unless registered for an account with us.
   6. We cannot complete account registration until we receive (amongst other things) a hard copy of an accurately completed HMRC form ChV 1, which enables us to act as a claims agent in respect of Gift Aid on the charity’s behalf. Alternatively by adding MG as a collection agent through the charity portal of the HMRC.
   7. You will also be required to provide us with the details of your bank account (including account number and sort code) into which we will transfer any donations we receive on your behalf. Gift Aid is paid directly to your account by HMRC.
   8. We reserve the right to refuse any registration without explanation and you must provide us with any additional information that we require to complete our pre-registration checks.
   9. Once your registration is confirmed we will send you an activation email confirming that your registration is complete, at which point you, will be deemed to be a Member. Your membership will continue until terminated in accordance with paragraph 7 of these Terms. MG will provide each Member with a password-protected account which can be accessed through the Website (“Account Details”).
   10. You are responsible for maintaining the confidentiality of your password to prevent others gaining access to your personal or charity information. You must not disclose this to any third party.
   11. The act of registering with Memory Giving permits Memory Giving to display the logo of the charity on relevant Fund Pages alongside the charity web address and charity description.
   12. If you know or suspect that anyone other than you knows your password or account details, you must promptly notify us
   13. MG can accept donations on behalf of a charity or charitable organisation that is not registered, however, we will not be able to claim Gift Aid in respect of such donations.
3. MEMORY GIVING’S OBLIGATIONS
   1. MG work in partnership with Funeral Directors throughout the UK who wish to assist in the collection of in memory donations at the time of the funeral. Funeral Directors take the instruction from families to collect for specific charitable organisations. MG will continue to collect for requested charitable organisations to fulfil these instructions on behalf of funeral directors.
   2. Registration with our service is optional. There are clear benefits to maintain registration but MG do not require Recipients to be registered in order to collect funds.
   3. MG can only process online donations and will not accept any cheques or cash from donors. MG assists Funeral Directors who wish to retain cash and cheque donations through a process where they can add cheque donations (“off-line” donations) to the fund page and we provide a covering letter to accompany cheques to the recipient charity at the termination of the collection. It is the responsibility of the charity to bank these cheques as soon as possible as a reassurance to donors.
   4. MG will hold any funds received on your behalf in MG’s separate charity bank account until the funds are paid to you in accordance with these Terms. You will not earn or be entitled to any interest on the sums that MG holds and/or processes for you.
   5. Where appropriate to do so, MG offers all donors the option of making their donations eligible to reclaim Gift Aid (subject to the donor's declaration of eligibility).
   6. MG is not responsible for checking the accuracy of any information provided by a donor in respect of Gift Aid and MG accepts no responsibility for the use of incorrect or out of date information in respect of a Gift Aid claim.
   7. MG will apply to HMRC to reclaim Gift Aid in compliance with HMRC recommended practice. Our process has been approved and authorised by HMRC according the ‘scenario assessment’. If any Gift Aid sums claimed are challenged or refused by HMRC then you will be responsible for addressing the matter with HMRC and/or reimbursing any sums to HMRC directly.
   8. MG accepts no liability in respect of Gift Aid that has been wrongly claimed or that has not been claimed where the donor was eligible to make such a claim.
4. PAYMENT OF DONATIONS TO YOU
   1. MG will transfer to you any donations, aggregated from each fund page featuring your charity and funds will be paid to you on a weekly basis.
   2. Gift Aid claims will be processed by us on a monthly basis. Gift Aid contributions will be transferred to you directly by HMRC according to their timetable.
   3. Transfer of donations to your nominated bank account will be made via Bankers Automated Clearing Services ("BACS") and therefore should be received by the end of the third business day following the date of transfer. Gift Aid contributions will be transferred to you directly by HMRC.
   4. Donations are only accepted and subsequently paid to Beneficiaries in British Pounds Sterling.
   5. We will send you a payment remittance email in respect of any payments made to you and further information regarding payments is available via the Website log in area.
5. REFUNDS
   1. If a donor requests a refund of their donation within 24 hours of making it we will endeavour to refund the donation in full. Where such a refund is granted we will endeavour to make the refund as quickly as possible from the funds held on your behalf.
   2. We will also return the donation to the donor where we are satisfied that the payment was unauthorised, in which case we shall have no further lability to you in respect of such reimbursement to the donor. If a Gift Aid contribution has been transferred to you in respect of an unauthorised donation that is subsequently refunded you will be liable for re-payment of the Gift Aid contribution to HMRC.
6. THE CHARITY’S OBLIGATIONS
   1. It is important that you treat your login details as confidential, and that you do not disclose them to any third party. If you suspect or know of any breach of your account details, you must notify us immediately at theteam@memorygiving.com.
   2. You agree that you will comply with these Terms at all times while using the MG Website and/or Service. We have the right to suspend or withdraw your account and disable any user identification code or password, whether chosen by you or allocated by us, if in our opinion you have failed to comply with any of the provisions of these Terms.
   3. You are solely responsible for the accuracy of the information provided during the registration process. If you enter partial or inaccurate registration information (intentionally or otherwise) you will not have complied with the requirements of registration and your account may be temporarily or permanently disabled.
   4. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms, and that they comply with them.
   5. You shall, at all times, comply with all relevant data protection legislation and guidelines. Any personal data we process will be in accordance with data protection legislation and our Privacy Policy.
   6. Next of Kin personal information is only to be used for the express purpose of acknowledging donations and charities must seek the express permission to use the data for any further purpose (for example, for further marketing or activity updates).
   7. It is your responsibility to inform us of any changes to the bank account details, address details or key contact details that you have provided to us during the registration process. You must notify us of any changes in good time before a transfer is due to be made so that we can amend the payment information in our system. We will not be responsible for any payment that is delayed or incorrectly made.
   8. You are responsible for ensuring that any donations paid to you through the MG Website are used by you in accordance with any stated purpose or specific fundraising appeal. MG takes no responsibility for the use, non-use or misuse of any donations made via the Website.
7. ACCEPTABLE USE OF OUR WEBSITE
   1. Your permitted access to and use of the Website and Service is governed by the following conditions:
      1. You agree that you will comply these Terms at all times while using our Website and/or Service.
      2. You agree that failure to comply with these Terms will constitute a breach of these Terms, which may result in us terminating or suspending your access to the Website and/or Service.
      3. You acknowledge and agree that we reserve the right to remove any content, in whole or in part, that violates these Terms, or for any other reason at our sole discretion.
      4. You can flag this to us at theteam@memorygiving.com by emailing us about content that appears to violate these Terms.
   2. You acknowledge and agree that:
      1. you must ensure that your use of the Website and/or Service and any content you place on the Website is lawful, ethical and respectful of the legal rights and interests of other people and in accordance with these Terms and not in any way be defamatory, abusive or offensive;
      2. your use of the Website and/or Service will not break any law or encourage any illegal act;
      3. you will not infringe the copyright, privacy, confidentiality or other right of any other person or organisation, or assist any person to infringe the rights of another. If you use someone else’s personal information, image or material you must make sure you have their permission first;
      4. you will not access content through any technology or means other than the facilities provided by the Website and/or Service and for any reason other than your personal, non-commercial use as intended and permitted by us;
      5. you will not introduce any viruses, worms, trojan horses, logic bombs or other similar destructive code or malicious material to the Website. You must not attempt to gain unauthorised access to the Website, the servers on which it is stored or any server, computer or database connected to the Website, nor attack the Website using a denial of service attack or a distributed denial of service attack;
      6. you will not use the Service for the promotion, organisation or facilitation of acts that may be harmful to other people, including, but without limitation, acts of terrorism, bullying, and/or physical or sexual abuse or violence;
      7. you will notify us as soon as you become aware of any offensive or inappropriate content that is on our Website or accessible via our Website through a link to a third party website or resources by using the flagging capabilities on our Website.
   3. When you register with the Website, you are responsible for maintaining the confidentiality of your password to prevent others gaining access to your personal information.
8. ACCESSING OUR WEBSITE
   1. Access to our Website and use of our Service is permitted on a temporary basis, and we do not guarantee that either will always be available or uninterrupted. We may suspend, withdraw or change all or any part of the Website or Service without notice. We will not be liable if for any reason the Service or any part of it is unavailable at any time or for any period.
   2. You are responsible for making all arrangements necessary for you to have access to the Website and/or Service. You are also responsible for ensuring that all persons who access the Website and/or Service through your internet connection are aware of these Terms and that they comply with them.
   3. If you are under the age of 16 years old you must obtain the permission of your parent or guardian to use the Website.
   4. Whilst every effort is taken to ensure our Website is secure, the internet is not a secure medium and privacy cannot be assured. We therefore do not accept responsibility for any harm or damage you may experience or incur by sending personal or confidential information to us over the internet or if we send you such information at your request.
   5. We do not guarantee that our Website will be secure or free from bugs or viruses.
9. ACCOUNT CANCELLATION
   1. MG may disable your Account Details and/or terminate your registration at any time without explanation to you.
   2. If you wish to cancel your registrations you can do so at any time by provided us notice in writing to: Memory Giving, Eldon House, 36 Eldon Road, Reading, RG1 4DL and we will no longer act as agents for Gift Aid recovery and offer access to our reporting area.
   3. Both the Recipient and MG has the right to terminate immediately if the other:
      1. is wound up or becomes insolvent; or
      2. commits any act or threatens to do any act the result of which is to damage or is likely to damage the reputation of the other.
   4. MG has the right to disable your Account Details at any time if in our opinion you have failed to comply with any of the provisions of these Terms and MG reserves the right to withdraw access to the Website and the associated services from you at its absolute discretion at any time.
10. OUR INTELLECTUAL PROPERTY RIGHTS
    1. We are the owner or licensee of all intellectual property rights in the Website and all design, text, pictures, graphics (and the selection and arrangement of them), software compilations, coding, underlying source code, software and all such materials forming part of the Website.
    2. You may print off one copy, and may download extracts, of any page(s) from our Website which you are entitled to access for your personal, non-commercial reference and you may draw the attention of others within your organisation to material posted on our Website. You must keep intact all and any copyright and proprietary notices.
    3. 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.
    4. You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or from our licensors.
11. YOUR INTELLECTUAL PROPERTY RIGHTS
    1. You hereby grant us a royalty-free perpetual irrevocable non-exclusive and worldwide licence for the duration of our contractual relationship with you to use any intellectual property rights in your name, brand and logo solely for the purpose of performing the Services pursuant to these Terms.
12. LIMITATION OF LIABILITY
    1. MG has taken all reasonable care in providing the Site to you but by agreeing to these Terms you accept that you use our Site and/or Service at your own risk. To the fullest extent permitted by law we are not liable for any loss or damage caused to you through your use of our Site and/or Service.
13. EXCLUSION OF WARRANTIES
    1. Nothing in these Terms shall affect any statutory rights that you are entitled to and that you cannot contractually agree to waive or alter.
    2. We provide the Website and Services on an “as is” basis, and we make no representation or warranty to you in respect to them, in particular, we do not warrant or represent that:
       1. your use of the Service will be uninterrupted, secure, timely or free of error;
       2. any information obtained by you as a result of using the Service will be reliable, complete, accurate or up-to-date; or
       3. your use of the Service will fulfil your expectations or requirements.
    3. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
14. LINKING TO THE WEBSITE
    1. You may link to our home page from the home page of your Charity website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.
15. CHANGES TO THE WEBSITE
    1. We may update the Website and/or Services at any time, and may change the content at any time. Please note that any of the content on the Website may be out of date at any given time and we are under no obligation to update it.
    2. We reserve the right to modify, suspend or discontinue all or any part of the Website and/or Services at any time with or without notice.
16. GENERAL
    1. You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business or person where we reasonably believe your rights will not be affected.
    2. If you breach these Terms and we choose not to take immediate action, such inaction shall not constitute a waiver of our rights and remedies and we will still be entitled to use such rights and remedies at a later date or in any other situation where you breach the Terms.
    3. A person who is not a party to these Terms has no right to enforce any term of these Terms.
    4. Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under the Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.
    5. We reserve the right to vary these Terms from time to time and these will be published on the website.
    6. If any provision or part-provision of the Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
    7. These Terms are subject to the laws of England and Wales and both of us agree to the non-exclusive jurisdiction of the courts of England and Wales.
    8. Purple Patch Management Limited is the owner of all rights in the trade mark and the logo “Memory Giving”. You may not use or authorise others to use the mark and/or the logo without our prior express and written consent.
    9. If you have any concerns about material which appears on our Website or other queries, please contact us at: theteam@memorygiving.com