Donor 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 Donor. If you are a funeral director or charity, please refer to the Funeral Director Terms and if you are charity please refer to the Charity 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. If users of the Website (“you”, “your” or “yourself”) 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
   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 personal use subject to these Terms. By using the Service, you accept these Terms. If you do not agree to be bound by these Terms, please do not continue to access the Website or use the Service.
   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.
3. DONATING USING OUR WEBSITE
   1. Our Website allows the creation of specific pages on the Website to facilitate charity donations in memory of a deceased person (each a “Fund Page” or “Collection Page”).
   2. You may access a Fund Page to make donations to a specific charity or charitable organisation (the “Recipient”).
   3. Each Fund Page will accept donations for a default period of 6 weeks (although this can be reduced to 4 weeks or increased to 8 weeks if desired by the fund page creator contacting us) from the date the page goes live and the closure date of the page will be displayed on the Fund Page.
   4. The online payment process is outsourced to a third party and you may make donations by using credit cards and debit cards. We cannot accept payment by cash or cheque: please refrain from sending cash or cheques to us.
   5. The details of your donation including the amount and the Recipient will be displayed to you before the payment is processed. Please ensure you check these details carefully and make any corrections using the on-screen directions before proceeding to finalise your payment.
   6. As soon as you confirm to us via the Website that you wish to proceed with your donation, we will process the transaction by requesting funds from your credit or debit card provider. Once your credit or debit card provider approves the transaction and we have received clear funds we will allocate these to the appropriate Recipient on your behalf.
4. INFORMATION WE NEED FROM YOU
   1. To allow us to process a donation you must provide us with the following information:
      1. your name, and email address; and
      2. details of the credit or debit card that you will be using to make your donation.
5. OUR FEES
   1. We do not charge you for using our Website and/or Service and Funeral Directors or Charities (Recipients) do not pay a fee to register or use Memory Giving.
   2. Instead we deduct a small amount from each donation to cover the cost of providing the Website.
   3. We will deduct from your donation:
      1. our fee of 5%; and
      2. a transaction fee related to the credit card type which is typically 0.9% dependent on the transaction charges levied on the payment card type.
   4. We do not charge an administration fee for collection of Gift Aid on behalf of the Recipient and there are no deductions from the Gift Aid amount which is paid in its entirety directly by HMRC to the charity concerned.
6. GIFT AID
   1. Where a recipient has authorised us to claim Gift Aid for them, this is conducted under the HMRC Gift Aid Scheme.
   2. Donation through Gift Aid means that the Recipient can claim an extra 25p for every £1 given with no extra cost. Memory Giving acts as an agent to make this claim on behalf of charities.
   3. To boost the value of your donation we submit a claim to HMRC to claim Gift Aid on your donation. To do so, we require you to confirm during the process of making a donation through an HMRC approved declaration that you are:
      1. a UK taxpayer;
      2. eligible for Gift Aid; and
      3. authorising us to collect Gift Aid on your behalf.
      4. In addition, further personal information (First Name, Last Name, full Address) will be required to complete the claim.
   4. It is your responsibility to decide whether or not you are eligible for Gift Aid and if in doubt we recommend you check with HMRC. Claims can only be made in a single name. We are unable to rectify errors after the donation has been made.
   5. A Recipient that has registered with us for Gift Aid collection has a contractual agreement with us authorising us to reclaim Gift Aid on its behalf where they have registered and/or are eligible to receive Gift Aid.
7. USE OF YOUR DONATION
   1. Donations to each Recipient will be aggregated from each Fund Page featuring that Recipient and funds will be transferred to each Recipient on a weekly basis.. The Gift Aid claims will be processed by us on a monthly basis.
   2. The use of any donation you make is entirely at the discretion of the Recipient you have chosen to donate to and we do not accept any responsibility for the use or non-use by the Recipient of your donation. It is your responsibility to ensure that you understand the stated objective of the Recipient and to satisfy yourself that the Recipient is genuine and suitable to receive your donation.
   3. We cannot guarantee that your donation will be earmarked for any particular appeal or specific purpose. If you want your donation to be used in any specific way you should contact the Recipient directly to arrange this.
   4. We are not an accounting, taxation or financial advisor, and you should not rely on any information given on the Website or Services to determine any consequences of making a donation to a specific Recipient.
8. REFUNDS
   1. If you have changed your mind about a donation and wish to request a refund, you must contact us by e-mail theteam@memorygiving.com within 24 hours of making the donation.
   2. We will not be able to process any requests for refunds received after 24 hours as all donations are processed as soon as possible. You will not be entitled to receive any proportion of any sum of Gift Aid in relation to your donation.
   3. When you make a donation, the transaction is final and not disputable unless unauthorised use of your payment card or other payment method is proved. If you become aware of fraudulent use of your payment details, or if your card is lost or stolen, you must notify your card provider immediately.
   4. We will never contact you by phone or email asking you to provide your payment details.
9. 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.
10. 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.
11. OUR INTELLECTUAL PROPERTY RIGHTS
    1. We are the owner or licensee of all intellectual property rights in the Website and Service 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, excluding any Third Party Content as defined in paragraph 12.3 (“Our Content”).
    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. Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
    5. 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.
    6. If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
12. THIRD PARTY WEBSITES
    1. Where our Website contains links to other websites and resources provided by third parties these links are provided for your information only (Third Party Websites).
    2. We have no control over the content of Third Party Websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing Third Party Websites via our Website we advise you check the terms of use and privacy policies of the Third Party Websites to ensure compliance and determine how they may use your information.
    3. The copyright, trade mark rights and all other intellectual property rights in any materials or content forming part of any Third Party Websites belongs solely to the third party owners of the site or their licensors (Third Party Content). Such Third Party Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited without the prior written consent of the owner of the Third Party Website or terms of use of that Third Party Website.
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 Website and/or 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. LIMITATION OF LIABILITY
    1. By agreeing to these Terms you accept that you use our Website and/or Service at your own risk. To the full extent permitted by law we are not liable for any loss or damage caused to you through use of our Website and/or Service.
    2. Nothing in these Terms shall exclude or limit any statutory rights which cannot be excluded or limited due to you acting as a consumer. Any provision which would be void under any consumer protection legislation or other legislation shall to that extent, have no force or effect.
    3. As a donor, we only provide our site to you for domestic and private use. You agree not to use our Website or Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. LINKING TO THE WEBSITE
    1. You may not frame or permit another to frame the Website on any other website.
    2. You must not establish a link that suggests any form of association, approval or endorsement with or from us where none exists.
    3. We reserve the right to withdraw permission to link to the Website at any time and without notice.
16. 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.
17. PRIVACY
    1. We will use the personal information you provide to us:
       1. to supply the Services to you; and/or
       2. to process your donation.
    2. Any personal data we process will be in accordance with data protection legislation and our Privacy Policy. Please review our Privacy Policy for more information about how we process personal data.
18. 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 except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
    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.