PayPal Giving Fund Ireland Charity User Agreement
This is an agreement (“Agreement” or “Terms and Conditions”) between an Ireland-based charity that completes the registration process described in section 2 below ("you") and PayPal Giving Fund Ireland ("PayPal Giving Fund", "we," "us").
- Registered Charity Name: PayPal Giving Fund Ireland
- Registered Charity No: 20205692
- Registered Company No: 667516
- Registered Office: Ballycoolin Business Park, Ballycoolin Road, Blanchardstown, Dublin 15
Introduction
A. We collect donations from PayPal Users, and Other Users, acting as Donors.
B. We regrant each Donation that is made to us to a Charitable Beneficiary. We endeavour to recover tax relief on eligible donations and insofar as we do, each Grant to a Charitable Beneficiary will be enhanced by the amount of the tax relief recovered.
C. By clicking on the button marked "I Accept" at the end of these Terms and Conditions and/or by using or accessing our Website, you agree to be legally bound by these Terms and Conditions as they may be modified and posted on our Website from time to time.
1. Registration
1. In order to register as a Participating Charity you must perform the following to our satisfaction:
- Enrol with PayPal Giving Fund using a PayPal Confirmed Charity account, thereby linking the account to PayPal Giving Fund
- Accept PayPal Giving Fund Terms and Conditions and provide the additional information we request
- You will promptly tell us of any change to any of the information you provide.
2. You may update or correct information contained in your Charity Profile by contacting us or by using Online Tools that may be provided. You agree to update your Charity Profile promptly whenever necessary to maintain its accuracy and completeness.
3. You will cease to be a Participating Charity if this Agreement terminates (section 9 below).
2. Obligations of Participating Charities
- You hereby grant PayPal Giving Fund a non-exclusive licence to use and sub-licence your Logo during the term of this Agreement in connection with identifying your organisation to PayPal Users and Other Users as a Participating Charity on the relevant websites and associated marketing materials, including those of PayPal’s affiliates and Registered Merchants. We recognise that you retain ownership of your trademarks and any associated goodwill.
- You also grant PayPal Giving Fund the right to create, use and sub-licence a Featured Logo and Featured Phrase to represent your charity. You have the right to submit an alternative Featured Logo and/or Featured Phrase to us, and we reserve the right to determine whether any Featured Logo and/or Featured Phrases you submit will be acceptable and effective for the purpose of representing your charity.
- You will maintain a PayPal Confirmed Charity account in good standing with PayPal and linked to PayPal Giving Fund. If your PayPal account loses this status, PayPal Giving Fund may terminate this Agreement immediately and you will cease to be a Participating Charity.
- You are responsible for complying with all laws, rules and regulations applicable to your activities under this Agreement and will bear all associated costs.
3. Eligibility to Benefit from Donations
1. For so long as you are a Participating Charity, we will post information about you on the Website and will permit PayPal Users and Other Users to access and view that information through our partnerships with Registered Merchants.
2. Donations are given to PayPal Giving Fund and we re-grant them to Charitable Beneficiaries. PayPal Giving Fund also obtains tax relief (in its own right as a registered charity, rather than on your behalf) and pays it to the Charitable Beneficiary that benefited from the relevant Donation. Payments are made to enrolled charities according to our payment schedule, explained on our Help and Contact page.
3. Any Grant will be made in electronic money transferred to the PayPal account linked to your charity profile within PayPal Giving Fund. You agree to set up your PayPal account and the necessary steps to enable us to pay you via your PayPal account.
4. PayPal Giving Fund will not make Grants to you if you are not a Participating Charity when such a Donation becomes payable. If by mistake you receive a Grant after you have ceased to be a registered charity or Participating Charity, you will promptly refund the full amount of the Grant to us. Until you refund it, that Grant will be an amount that you owe us. We may debit your PayPal account for that amount, or we or PayPal may set off amounts that we would otherwise subsequently pay to you against the amount owed us for the Grant that you were ineligible for.
5. As a Participating Charity, you have the option to receive Donations from Donors through cash donation features and tools provided by PayPal Giving Fund to PayPal Users and Other Users, such as Registered Merchants. For details of the different donation options, and/or to exclude your organisation from some or all of these features, you can contact us or update the relevant preference in your Charity Profile. Please also note:
- We recognise the importance of minimising the risk to your reputation through permitting Registered Merchants to identify your charity by using our donation facilities. We agree to comply with the applicable Irish legal requirements before permitting a Registered Merchant to use our donation facilities and will enable your charity to opt out of the charitable giving programmes we operate with Registered Merchants.
6. You acknowledge that we make no promise that you will receive any minimum amount of funds or any funds at all. In particular, we reserve the right not to grant funds to a named Charitable Beneficiary if for example, it has ceased to be a Participating Charity, or we are unable to deliver it.
4. Licences and Access to PayPal Giving Fund Online Tools
- For so long as you are a Participating Charity you may access the Website and any Online Tools that may be provided.
- So long as you are a registered Participating Charity, you may use the Online Tools. You understand that you are not permitted to use them for any other purpose other than that permitted under this Agreement.
- The contents of our Website including the Online Tools are protected by international copyright laws and other intellectual property rights. The owner of these rights is PayPal Giving Fund, its affiliates or other third-party licensors. All product names and logos mentioned in our Website are the trade-marks, service marks of their respective owners, including us.
- You understand that PayPal Giving Fund does not act on behalf of PayPal or any Registered Merchant. This Agreement does not give you access to or use of eBay, PayPal or any Registered Merchant; separate agreements will govern your use of their services.
5. Benefiting from Donations
- We do not charge you a fee for using the Website or the Online Tools. In addition, we do not make any deduction for our expenses and services from the funds we re-grant to you. We will also ensure that you do not incur a fee for receiving funds from us into your PayPal account. In some of our programs, Registered Merchants may charge a fee (or enable a tip) on donations made through their platforms, which they will disclose on their websites.
- We will use all reasonable endeavours, where applicable, to recover the tax from Revenue in respect of each Donation claimed under tax relief. You acknowledge that there is no guarantee that we will collect and pass on tax relief on any Donation.
- With the Donor's consent and when you receive a Grant, PayPal Giving Fund will disclose to you the Donor's name and contact details, In view of the limits of the Donor's consent to us, we disclose this information to you only for the purpose of enabling you to acknowledge the Donation, to resolve any issues with the Donation, and to let you provide a reasonable amount of information about the charity's work. You are the data controller (and not a joint data controller with PayPal Giving Fund Ireland) of the Donor's Personal Data that we pass to you for this limited purpose, and you are responsible to the Donor under the Data Protection Laws. Unless you first receive the Donor's consent as required by the applicable data protection laws, you must refrain from using the Donor's Personal Data for marketing purposes.
6. Use of Funds
1. The funds we grant to you may not be used to advance any purposes which are not charitable under the laws of Ireland. For further information about those purposes, please see the Charities Regulator’s guidance.
2. You agree to respond promptly to any reasonable request from us for information about your use of funds which we have granted you. In general, we will only make such a request where you have received substantial funds from us, or we have reasonable cause for concern that funds may not have been applied for the purposes set out in clause.
3. If your charity is not registered with the Charities Regulator , and has purposes that diverge from those recognised as charitable in the Charities Regulator's guidance, you should follow recommended accounting practice and treat the funds you receive from us as limited for accounting purposes, recognising the funds in any published accounts.
4. Charity and company law requires you to maintain records of receipts and expenditures of the funds for a period of at least seven years after the transaction was made.
5. You agree, upon reasonable notice and at reasonable times, to make all relevant records of funds you receive from us available for inspection, copy and audit by us or our agents, for the purpose of verifying your compliance with this Agreement.
6. You shall permit us or our agent reasonable access to your employees, agents, premises, facilities and records for the purpose of discussing, monitoring and evaluating your fulfilment of your obligations under this Agreement. You also agree to respond to reasonable questions that we may pose to you and provide appropriate oral or written explanations to us about your performance of your obligations.
7. We may require you to repay the funds to us within 14 days after notice from us if any of the following circumstances arise:
1. You cease to operate, are declared bankrupt, become insolvent or enter into administration, receivership or liquidation;
2. This Agreement is terminated in accordance with clause 9 below;
3. You have acted fraudulently, negligently or dishonestly, where such fraud, negligence or dishonesty has in our opinion had a material adverse effect on your use of funds you have received from us;
4. We determine that the funds you have received from us have not been applied for purposes that are charitable under the laws of Ireland, or you have committed some other material breach of the grant conditions;
5. We have made an overpayment to you, and have notified you of the overpayment but you have failed to reimburse us for it.
7. Warranties
1. You represent and warrant to us that:
- you will at all times use the Website; the Online Tools; and the websites and other tools of any Registered Merchant in compliance with all applicable laws, rules and regulations;
- all information provided by you in your Charity Profile and submitted through the Online Tools is true and accurate, both when you provided it and for as long as this Agreement remains in effect;
- you will not disparage us, any Registered Merchant or any Participating Charity;
- you have the right to disclose all information in your Charity Profile or otherwise provided by you to us;
2. You agree to indemnify and hold harmless PayPal Giving Fund, PayPal Group Affiliates and their officers, directors, employees, agents and vendors from and against all claims, costs, losses, damages, penalties, fees (including reasonable legal fees and other professional fees) expenses and liabilities arising from your breach of any obligation, covenant, representation or warranty under this Agreement.
8. Liability
- We reserve the right to make changes or corrections, to alter, suspend or discontinue any aspect of our Website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these Terms and Conditions.
- We promise that the Online Tools and the service we provide to you under this Agreement will be of satisfactory quality. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Online Tools or the Website or any information or service provided through it.
- We accept no liability for any losses or damage that are not directly associated with the incident that caused you to claim, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable.
- You accept that any liability we may have to you in respect of any damage that you may suffer in connection with this Agreement (including but not limited to using the Online Tools and/or the Website) shall not exceed 50 Euros. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or fraudulent misrepresentation, or to our obligation to pay a particular Donation payable to you as a Charitable Beneficiary.
- We make no representations whatsoever about any other websites which you may access through the Website or which may link to it. When you access any other website, you understand that it is independent from us and that we have no control over its content or availability. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website.
- You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements.
- Neither party will be held liable for any failure to perform any obligation to the other due to causes beyond that party's reasonable control.
9. Term and Termination of this Agreement
- This Agreement becomes effective when you have accepted our Terms and Conditions. Once in effect this Agreement will continue until terminated by either of us.
- We may terminate this Agreement at any time by giving you at least seven days' written notice.
- You may terminate this Agreement at any time and for any reason on seven days' notice by giving us written notice of such intention or by terminating your membership using the tools provided for that within the Charity Area of the Website.
- We may temporarily suspend your access to the Website, the Online Tools and the Charity Area if you breach this Agreement.
- The obligations of clauses 1.1, 1.3, 3.1, 4.3, 4.4, 4.5, 4.6, 5.3, 6, 7, 8, this clause 9.5 and 11 will survive termination.
10. Security of Information
The Website has security measures in place to protect against the loss, misuse and unauthorised alteration of information in PayPal Giving Fund's possession and control. These measures are detailed in our clause 8 of our Privacy Statement.
11. Miscellaneous
- This Agreement constitutes the entire agreement between us and supersedes all previous negotiation, understandings and agreements between us in relation to its subject matter. However, your agreement with PayPal (Europe) Sàrl et Cie, SCA for the use of your PayPal account is not an agreement between us but rather with a third party, and those separate agreements are not superseded.
- Neither party is an agent for the other and neither party has the authority to make any commitments on behalf of the other, except as expressly provided for in this Agreement.
- Notices to be given by you to us may be given by any means of contact in your User Profile and will be effective when sent. If you fail to provide or update valid contact information as required by the User Profile you waive your right to receive notice under this Agreement during the period of such failure. Any notices given by us may be given by posting the information within the Website.
- Notices from you to PayPal Giving Fund must be given by email to the appropriate address provided within the Website and will be deemed given when actually received by PayPal Giving Fund.
- We may amend this Agreement at any time by posting amended terms on the Website. We will send a message to the email address in your User Profile alerting you, unless the amendment makes no substantial change to your rights and obligations. Except as otherwise expressly stated in such a posting all amended terms shall automatically be effective and legally binding upon you 15 days after having been posted on the Website, or such longer period as may be required by law. Your continued access to or use of the Website after such 15 day period will constitute your complete consent and acceptance to all such amended terms. If you do not accept the amended terms you may terminate this Agreement within the 15 day notice period.
- Should any provision of this Agreement be held by a court or other tribunal of competent jurisdiction to be void, illegal, invalid, inoperative, or unenforceable, the remaining provisions of this Agreement shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.
- You may not assign this Agreement without PayPal Giving Fund's prior consent; any attempted assignment in violation of the forgoing will be null and void. PayPal Giving Fund may assign this Agreement to any third party without your consent.
- The failure by PayPal Giving Fund to partially or fully exercise any right or the waiver by PayPal Giving Fund of any breach shall not prevent a subsequent exercise of such right to be deemed a waiver of any subsequent breach of the same or of any other term of this Licence Agreement. Any remedies made available to PayPal Giving Fund by the terms of this Agreement are cumulative and are without prejudice to any other remedies that may be available to PayPal Giving Fund in law or equity.
- Any dispute between You and PayPal Giving Fund arising out of or in connection with this Agreement, including any question regarding the existence or validity of this Agreement, shall be referred to and finally resolved by arbitration, by a tribunal comprising a single arbitrator selected by agreement of the parties. In default of the parties’ agreement as to the arbitrator within 14 days of the referral, the arbitrator shall be appointed by the Chairman for the time being of the Chartered Institute of Arbitrators – Ireland Branch. Any such reference to arbitration will be a submission to arbitration within the meaning of the Irish Arbitration Act 2010. The place of arbitration shall be Dublin, Ireland and the language of the arbitration shall be English. The existence, content and results of the arbitration and any rulings or awards shall be confidential to the parties and may not be disclosed without the prior written consent of the other party, save as required by law, or for the purpose of presenting or preparing a party’s case in the arbitration or for the purpose any legal proceedings regarding the arbitration or any rulings or awards. Notwithstanding the foregoing, PayPal Giving Fund has the right to seek injunctive relief from any court of competent information to protect its rights in intellectual property or confidential information.
- This Agreement shall be governed and interpreted in accordance with the laws of Ireland.
- We have used our best endeavours to ensure that our Website complies with Irish laws and we do not accept charities from outside Ireland. We make no representations that the materials on our Website are appropriate or available for use in locations outside Ireland. Those who visit our Website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our Website and/or viewing of it, or use of any material or content on our Website or services, or products offered through our Website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our Website and you must exit immediately.
- These Terms and Conditions do not confer any rights on any person or party (other than you and/or us).
- English shall be the language of this Agreement.
12. VAT
- All charges to be made by us under this Agreement are exclusive of VAT (if any).
13. Definitions
In these Terms and Conditions:
- "Charitable Beneficiary" a Participating Charity that a Donor chooses to receive his Donation.
- "Charity Area" the area of the Website which allows Participating Charities to view, manage and/or update their details.
- “Data Protection Laws” means any applicable data protection laws, including the General Data Protection Regulation (EU) 2016/679, and any associated regulations or instruments and any other data protection laws, regulations, regulatory requirements or codes of practice applicable to processing of Personal Data.
- "Charity Profile" the detail required by us in our enrolment process.
- "Donation" a donation from a Donor to PayPal Giving Fund to benefit a Charitable Beneficiary.
- "Donor" an individual or business who or which makes a donation to PayPal Giving Fund to benefit a Participating Charity.
- "Featured Logo" a miniature image (usually a miniature version of your logo) we may use from time to time to identify your charity to eBay Users and PayPal Users.
- "Featured Phrase" a brief phrase (usually an abbreviated version of your mission statement or campaign) we may use from time to time to explain your charity's work to PayPal Users and Other Users.
- "Grant" a payment made to you by PayPal Giving Fund in support of your organisation's charitable purposes.
- "Mission Statement" a statement describing your organisation, its purposes and objectives in accordance with our guidelines.
- "Name and Logo" your name and logo.
- "Online Tools" PayPal Giving Fund account to assist Participating Charities to view and manage their Grants received under this Agreement.
- "Other User" a user and/or provider (such as a Registered Merchant) of other websites and services who makes a donation to PayPal Giving Fund to benefit a Participating Charity.
- "Participating Charity" a charity registered with PayPal Giving Fund to receive Grants.
- "PayPal User" any business, or any user or customer of any business which makes use of the payment processing systems provided by PayPal.
- "PayPal Confirmed Charity" a charity that has completed PayPal's charity vetting process and been awarded this status by PayPal.
- "Personal Data" is as defined in the Data Protection Laws.
- "Proceeds" proceeds of the sale of a Listing.
- "Proof of Status" evidence of charitable status.
- "Registered Merchant" any business which is registered with PayPal Giving Fund for the purpose of facilitating the making of donations to PayPal Giving Fund to benefit Participating Charities by its customers or users or by the business itself under this Agreement.
- "User Profile" the detail required by us to identify and communicate with the individual, or individuals, who register the charity with us.
- "Website" http://www.paypalgivingfund.ie/.