Terms and conditions of use

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Maanch Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Maanch Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Maanch Limited and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

    Intellectual property and acceptable use
  1. All Content included on the Website, unless uploaded by Users, is the property of Maanch Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
  2. You may, for your own personal, non-commercial use only, do the following:
    1. Retrieve, display and view the Content on a computer screen.
  3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Maanch Limited.
  4. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
  5. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Maanch Limited for all claims resulting from Content you supply.
  6. Prohibited use
  7. You may not use the Website for any of the following purposes:
    1. On any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website.
    2. On any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order.
    3. Making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
  8. Registration
  9. You must ensure that the details provided by you on registration or at any time are correct and complete.
  10. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
  11. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
  12. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
  13. Password and security
  14. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
  15. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
  16. Links to other websites
  17. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Maanch Limited or that of our affiliates.
  18. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
  19. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
  20. Privacy Policy and Cookies Policy
  21. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: www.maanch.com/privacy-policy.
  22. Availability of the Website and disclaimers
  23. Any online facilities, tools, services or information that Maanch Limited makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Maanch Limited is under no obligation to update information on the Website.
  24. Whilst Maanch Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
  25. Maanch Limited accepts no liability for any disruption or non-availability of the Website.
  26. Maanch Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
  27. Limitation of liability
  28. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
  29. To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
  30. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  31. To the maximum extent permitted by law, Maanch Limited accepts no liability for any of the following:
    1. Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities.
    2. Loss or corruption of any data, database or software.
    3. Any special, indirect or consequential loss or damage.
  32. General
  33. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
  34. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
  35. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
  36. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
  37. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
  38. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  39. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
  40. Maanch Limited details
  41. Maanch Limited is a company incorporated in England and Wales with registered number 11336422 whose registered address is Maanch Limited, Office 627, 6th Floor, 2 Kingdom Street, London, W2 6JP and it operates the Website www.maanch.com.

You can contact Maanch Limited by email on info@maanch.com.

  1. www.maanch.com is operated by or for and on behalf of Maanch Limited which is a limited company incorporated in England and Wales with registered number 11336422 whose registered address is 2 Kingdom Street, London, W2 6JP (“we”, “our”, “us”, “Maanch”).
  2. These terms of use describe the service which Maanch provides for charities and organisations at www.maanch.com/Receiver (“Website”) and your rights and obligations as a user of this service. If you are using any other service provided by Maanch, you will also be subject to the additional terms for that service.
  3. Maanch (“Service”) is a digital platform for registered charities and organisations to connect them with aligned Funders. The Service includes the operation of the Website, the collection of funds for projects over a 6 month period, management of the collection of Gift Aid from HMRC where applicable, and transfer of funds via Stripe Connect to your designated bank account.
  4. By registering with, and using, the Website you accept these terms of use which may be updated from time to time. We also may change the format and content of the Website from time to time. By continuing to use the Service, you accept the latest version of these terms and of the Website. You should refresh your browser each time you visit the Website to ensure that you download the most up to date version of the website, including the latest version of these terms of use.
  5. These terms of use were last updated on 31 July 2019 and replace all previous terms of use for the Website.
  6. Our Privacy Policy will apply at all times a copy of which can be found at www.maanch.com/privacy-policy. We will not share any personal details with any third party other than is set out in our Privacy Policy.
  1. Registering as a charity or organisation to use the Service
    1. Subject to Clause 1.iii, to use the Service, you must be: (a) a Registered Charity (in any geography); Registered Organisation, to include a Social Enterprise, Non Governmental Organisation or International Non Governmental Organisation or Social Impact Business (in any geography).
    2. You must register online with us to set up your Maanch Receiver account.
    3. For organisations who are considered Charities for Tax Purposes with HMRC, we will require you to complete a form, available on the platform for you to download. This form is the HMRC ChV1 Charities Variation Form, should you wish to give us authority to claim Gift Aid on your behalf from HMRC. This form needs to be completed and signed by the appropriate authorised charity officer as indicated, such as the Treasurer or a Trustee. These must then be returned to us at the email address specified, support@maanch.com.
    4. We can accept registrations from charities who wish to use the Service who do not have a current HMRC registration and who do not complete and return Form ChV1 to us, but we cannot claim or pay Gift Aid until you register with HMRC and we have confirmation that we are entitled to claim it on your behalf. This process is subject to HMRC timelines as stated in paragraph 5.i.
    5. You agree that we may carry out any checks we consider necessary to verify your identity and confirm the information you provide in your completed application is correct. Acceptance of your registration is at Maanch’s sole discretion. Once we have accepted your registration we will provide you with the Service unless or until it is suspended or terminated in accordance with Clauses 12 and/or 13.
    6. Once your registration has been accepted, we will provide you with the Service which includes opening your account on the Website and receiving and processing funds and handling applications for Gift Aid on your behalf, in accordance with these terms of use. However, we are unable to collect Gift Aid for charities without an up to-date registration number from HMRC.
    7. You are responsible for ensuring that all the information you give to us during the registration process is accurate and complete, and that you will keep it up to date for the period you use the Service. You must also comply with the requirements of charity law, anti-discrimination, anti-corruption and anti-bribery laws and, if relevant, company law (“legal obligations”).
    8. You must inform Maanch of any material developments or changes to your organisation which might affect your use of the Service or the Website, including any change in your registered status. Maanch may also, from time to time, make its own checks to ensure that you remain compliant with your legal obligations. If you appear to have failed to meet these requirements or obligations, or the Charity Commission or other official or regulatory authority starts an inquiry relating to you, Maanch reserves the right to suspend your membership of Maanch immediately and without notice, and the provisions of Clause 12 and 13 (if relevant) will apply.
  2. Operation of the Website
    1. We will operate the Website to enable Funders to make payments to you by credit and debit card or by direct debit set up, and to claim Gift Aid on those payments. Payments can be made on the Website by Funders through a Receiver’s individual project page on the Website.
    2. Payment processing services on the Website are provided by Stripe and are subject to the Stripe Connect Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Service Agreement”).
    3. When registering to use the Service, we will also ask you to provide details of the official representative authorised to submit financial information on behalf of your organization and your organisation bank account which you want us to transfer funds due to you in local currency of the country of your registration and in accordance with Clause 5.
  3. Gift Aid
    1. To enable us to claim Gift Aid due on the funding made to you, you authorise Maanch to make the applications for reimbursement to HMRC on your behalf, and you further agree to provide us with all reasonable assistance if we have to deal with any issues or disputes raised by HMRC in connection with your claims for Gift Aid made by us. You agree that Maanch may keep details of all applications for Gift Aid made and received on your behalf for accounting and audit purposes. We can only claim Gift Aid for fundings that are HMRC verified in the UK.
  4. Fees
    1. We charge a 5% Maanch success fee on all transactions across the Website. This fee is built on top of the project funding needed, meaning that 100% of requested funds that you had indicated during the project creation steps will be transferred to you. We do not apply any account set up fees or monthly charges. Our success fee includes 24/7 support, all third-party processing fees, and VAT where applicable.
  5. Payments
    1. We will make payments of funds due to you on a weekly basis by Stripe Connect payout which will take up to 3 working days to clear. Payments of Gift Aid received on your behalf will also be paid by Stripe Connect payout, however, the first payment is subject to HMRC confirmation which will be at least 20 working days from our submission. Thereafter Gift Aid payments will be paid in the weekly Stripe Connect Payouts subject to the varying authorisation timelines from HMRC.
    2. Credit and debit card charges are set by Stripe and included into Maanch success fee. Payments made to you will be net of any extra bank charges due in respect of credit and debit card processing, and you authorise Maanch to deduct any such amounts from sums due to you before payment is made to you.
    3. Any chargebacks or other amounts rejected by the merchant acquiring banks for whatever reason will be referred back to Funders. Any amounts due in respect of chargebacks will be deducted from payments we make to you, and you agree to pay to us any shortfall if there are insufficient funds due to you to cover the amount outstanding.
    4. Payments that we make to you will be made to the bank account details of which you gave to us when you registered with us. You will not be able to publish projects on the Website unless you have up to date and accurate bank account information submitted to and verified by Stripe through the Website.
    5. The Service does not include the facility to make refunds to Funders, and any such requests for refunds received by us in respect of fundings made to you will be forwarded to you.
  6. Your account and reporting
    1. When we accept your registration to use the Service, we will provide you with a secure account area on the Website. We will provide you with a user ID and password, and you will be responsible for the proper use of these and for taking all necessary steps to keep these confidential and secure, to use them properly and not to make these available to unauthorised people.
    2. You will be able to access information on transactions relevant to your organisation, including details on payments to you, information about Funders where they have agreed that you may see this, and Gift Aid refunds if applicable, by logging into your account on the Website.
  7. Data protection
    1. If a Funder or Receiver requests for their details to be removed from the Website we will delete their personal data from the Website records. You agree to regularly update your own records and also to only use the Website records applicable to you in respect of any Funder or Receiver personal information captured using the Service to ensure that you do not contact any Funder or Receiver who has withdrawn their consent to be contacted by you.
    2. Both parties agree that they act as a Data Controller in respect of any Funder or Receiver personal data which they process in connection with the provision and receipt of the Service and we both agree to comply with our respective obligations under all relevant Data Protection Legislation in connection with any Funder or Receiver or other personal data which may be processed by either party during the operation and use of the Service. You agree to provide us with such help and co-operation as is reasonably necessary or requested by us to enable compliance with this Clause.
    3. “Data Protection Legislation” means collectively (i) General Data Protection Regulation (EU) 2016/679 (ii) any other applicable laws of the European Union, (iii) any applicable local laws relating to the Processing of Personal Data and the protection of your privacy, and (iv) any binding guidance or code of practice issued by a Supervisory Authority.
  8. Content provided by you
    1. Any content which you post on the Website or which you post on your website must not contain illegal material or link to material which is illegal wherever it is hosted, nor be defamatory, obscene or offensive to others on any grounds.
    2. If you believe content that is posted by other users on the Site is of a defamatory nature you may contact us using the “Contact Us” link provided. If after investigation we agree that the content is defamatory we will remove that content within 48 hours of receiving your complaint.
    3. You should not publish or link to material or content in which you do not own the rights without the permission of the owner of the relevant rights.
    4. You must not provide any incentive to Funders to fund.
    5. If we become aware of any content you have posted or which is otherwise posted in relation to your account on the Website which is in contravention of these terms of use, we may remove the content from the Website immediately without reference or liability to you and terminate your use of the Service under Clause 13.
  9. Trademarks
    1. The name ‘Maanch’ and the Maanch logo and any other product and service names that we may present on the Website from time to time may not be used in connection with any product or service that is not Maanch’s, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Maanch. Other trademarks, service marks or logos that appear on the Maanch website, in particular (but not exclusively) those of other member Receivers, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both Maanch and the trade mark owner.
    2. As long as Clause 12 and /or 13 do not apply, we agree that you may use the name ‘Maanch’ and the Maanch logo and any other of our product and service names that we may present on the Website from time to time in connection with your participation with Maanch including, with our prior written consent, in respect of promotional materials you may publish from time to time, and subject at all times to compliance with the Maanch Brand Guidelines.
    3. You agree to permit us to use your name and logo in respect of your participation in the Service including in respect of promotional materials we may publish from time to time.
  10. Copyright
    1. All content on the Website is owned by Maanch, our member Receivers, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trade mark or other proprietary notice. No other use of the Website’s content is permitted without the express prior permission of Maanch, and, where applicable, the copyright holder.
  11. Changes to the Service
    1. We will make every effort to ensure that the Service and the Website and other services are available continuously, but reserve the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these terms of service.
  12. Suspension of the Service
    1. In the event that you: (a) commit a breach of these terms of service; or (b) the provisions of Clauses 1.vii or 8.iii apply; or (c) if we are made aware, or given reason to suspect, that you or the Service is or may be being used for illegal or fraudulent purposes, we reserve the right at our sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and the Service and to remove your details from the Website without notice pending further investigation. Any funds will be held in trust. Where the suspension is lifted, funds will be paid to you in the next available payment window.
  13. Termination of the Service
    1. Either you or we will have the right to terminate your use of the Service and the Website with immediate effect by written notice to the other party if one of us commits an act of material default under these terms of use, or if you breach these terms of use or we suspect that you have misused the service as indicated under Clause 12. Where Maanch terminates your use of the Service and the Website, or where you terminate your use of the Service, Maanch shall not have any liability to you (subject to clause 14.i).
    2. An act of material default will be considered to have occurred;
      1. if either party becomes insolvent or wound up; or
      2. if (relating to you) we are made aware, or given reason to suspect because of allegations or reports, that your operations as a organization or your use of the Service have any illegal or fraudulent purposes, or would bring the Website into disrepute; or
      3. either party commits an act or threatens to do any act the direct result of which is to damage or is likely to damage the reputation of the other party; or
      4. if your charitable status or your HMRC registration is suspended or withdrawn.
    3. Either you or we may discontinue your use of the Website and the Service at any time by the terminating party giving the other 14 days’ prior notice in writing. The terminating or suspending party does not need to have or give a reason for the termination or suspension. It will enable us to stop receiving funds on your behalf and to account to you for any outstanding amounts due to you which may be held by us.
    4. We reserve the right to withdraw the Website and any associated services from any public access at any time at our complete discretion.
    5. In the event of termination by you or by us under Clause 13.i, Maanch will refund the funding which we have not yet paid to you to Receivers as soon as possible and recover the administrative costs for this from you.
  14. Limitation of Liability
    1. We do not, and nothing in these terms of use shall act to, exclude or limit our liability for death or personal injury resulting from our negligence, fraud or any other liability which may not by applicable law be excluded or limited.
    2. Subject to the exceptions listed above, in no event shall we be liable for any claims, loss or damage, whether direct or consequential which you claim to have suffered by reason of your accessing and use of the Website or the Service.
  15. Notices
      Notices referred to in these terms of use should be made in writing. You should send any notices by email to info@maanch.com. We will send any notices to the email or postal address you provide on registration.
  16. Disclaimer
    1. You agree that your use of the Website is on an "as is" and "as available" basis and that your use of the Website is at your sole risk. We do not guarantee continuous uninterrupted or secure access to the Service and operation of the Website may be interfered with by numerous factors including routine downtime for systems maintenance or for factors which are outside of our control. On that basis, except as expressly set out in these terms of use, we do not provide conditions, warranties or other terms in relation to the website, to the extent permissible by law, and these terms of use represent the entire agreement between you and Maanch.
    2. We reserve the right to withdraw the Website and any associated services from any public access at any time at our complete discretion.
  17. Governing Law
    1. These terms of use are governed by English law and are subject to the exclusive jurisdiction of the English courts.
  18. Third party rights
    1. A person who is not a party to these terms of service has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms of use.