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
- 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.
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You may, for your own personal, non-commercial use only, do the following:
- Retrieve, display and view the Content on a computer screen.
- You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Maanch Limited.
- 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.
- 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.
- Prohibited use
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You may not use the Website for any of the following purposes:
- 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.
- On any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order.
- Making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
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You may not use the Website for any of the following purposes:
- Registration
- You must ensure that the details provided by you on registration or at any time are correct and complete.
- 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.
- We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
- 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.
- Password and security
- 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.
- 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.
- Links to other websites
- 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.
- 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.
- 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.
- Privacy Policy and Cookies Policy
- 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.
- Availability of the Website and disclaimers
- 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.
- 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.
- Maanch Limited accepts no liability for any disruption or non-availability of the Website.
- 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.
- Limitation of liability
- 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.
- 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.
- We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
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To the maximum extent permitted by law, Maanch Limited accepts no liability for any of the following:
- Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities.
- Loss or corruption of any data, database or software.
- Any special, indirect or consequential loss or damage.
- General
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Maanch Limited details
- Maanch Limited is a company incorporated in England and Wales with registered number 11336422 whose registered address is Maanch Limited, The Clement Rooms, 218 Strand, London, WC2R 1AT, U.K. and it operates the Website www.maanch.com.
You can contact Maanch Limited by email on info@maanch.com.
- Purpose
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You have a right to expect the very highest standards from Maanch. If we don’t meet those standards, and you are not satisfied with any part of our services, policies or conduct, we want you to tell us. It is our policy to welcome feedback, including complaints, and we look upon this information as an opportunity to learn, adapt, improve and provide better services.
If anyone wishing to access our services wants to register a concern or make a complaint, we believe they should find it easy to do so. This policy is intended to ensure that all complaints and concerns raised by customers, their relatives, representatives and/or members of the public are dealt with properly and taken seriously.
We recognise that some people are reluctant to describe their views or experience as a complaint and for this reason we have included concerns as part of this policy.
Maanch supports the principle that most concerns and complaints, if dealt with early, openly and honestly, can be resolved at a local level between the complainant and us. This policy sets out the actions and principles we will follow to resolve concerns and complaints within the organisation. The policy provides information about other sources of advice and support for people who wish to make a complaint or remain dissatisfied with our response.
Maanch will always respect the right of the complainant to obtain advice or take the complaint to the next stage if necessary.
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You have a right to expect the very highest standards from Maanch. If we don’t meet those standards, and you are not satisfied with any part of our services, policies or conduct, we want you to tell us. It is our policy to welcome feedback, including complaints, and we look upon this information as an opportunity to learn, adapt, improve and provide better services.
- Scope
- This policy is intended to address concerns and complaints regarding the services we provide.
- Definitions
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Concerns and complaints will vary in their seriousness and risk impact on the individual, the service and the organisation. Complainants may choose to talk about their negative experiences as either a concern or a complaint but that does not mean one may be less serious than the other. A concern or complaint is an expression of dissatisfaction or unhappiness with:
- What we did
- What we failed to do
- Our service standard
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For monitoring purposes, a distinction will be made between concerns and complaints.
- Concerns – negative feedback that can be responded to immediately and by the staff member to whom they are addressed. They will typically involve no impact or risk to the provision of services and will usually be a single resolvable issue.
- Complaints – negative feedback that requires further investigation and cannot be resolved by the staff member to whom it is addressed. They will be responded to by the relevant manager or head of department.
- Complainant – person who is raising the concern or complaint.
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Concerns and complaints will vary in their seriousness and risk impact on the individual, the service and the organisation. Complainants may choose to talk about their negative experiences as either a concern or a complaint but that does not mean one may be less serious than the other. A concern or complaint is an expression of dissatisfaction or unhappiness with:
- MAANCH Responsibilities
- To provide an efficient, fair and structured mechanism for handling complaints;
- To provide our customers with access to the complaints handling process;
- To keep customers informed on the progress of their complaint and the expected timeframe for resolution;
- To regularly review our complaints process so that we can improve our standards of customer service.
- Policy
- Given that concerns and complaints may range from minor problems to very serious issues we have adopted a flexible procedure to resolve problems as quickly as possible. All concerns and complaints will be taken seriously and dealt with promptly, fairly and sensitively, with due regard to the upset and worry that they can cause.
- How do I raise a complaint?
- You can raise your concern with anyone – locally or centrally – by phone, in writing (either by letter or email) or in person.
- We strive to inform customers what we have changed as a result of their feedback and will never discriminate against anyone as a result of their making a complaint.
- USEFUL CONTACT INFORMATION
- By email: support@maanch.com
- By phone: +44 7507632118
- In writing: Maanch - The Clement Rooms, 218 Strand, London, WC2R 1AT, U.K.
You can contact Maanch Limited by email on info@maanch.com.
We encourage customers to attempt to resolve any problems through discussion with a member of staff. If this is not appropriate or they are dissatisfied with the outcome, then the staged complaints procedure should be followed.
Any concern or complaint made to a Maanch staff member will be responded to by agreeing a course of action to resolve the issue. If this is acceptable then we will clarify the actions with the complainant and the way in which the outcome of the complaint will be communicated to them. Written complaints will always be responded to in writing and complaints will be dealt with within the timescales outlined in the policy.
If necessary, further details will be obtained from the complainant and the matter fully investigated.
Individuals will receive confirmation that their complaint has been received within five working days. It will then be investigated by a senior member of staff and the individual will be advised of the outcome within fifteen working days.
All concerns and complaints will be treated in confidence and only those directly involved in resolving complaints will have access to the information provided. Individuals will be made aware of who this is. We will handle all information in accordance with our data protection policies.
- Introduction
- 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 The Clement Rooms, 218 Strand, London, WC2R 1AT, U.K. (“we”, “our”, “us”, “Maanch”).
- These terms of use describe the service which Maanch provides for charities and organisations at www.maanch.com/m-give (“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.
- 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.
- 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.
- These terms of use were last updated on 25 September 2020 and replace all previous terms of use for the Website.
- 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.
- Registering as a charity or organisation to use the Service
- Subject to Clause 2 point 2.3, 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).
- You must register online with us to set up your Maanch Receiver account.
- 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.
- 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 6 point 6.1.
- 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 13 and/or 14.
- 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.
- 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”).
- 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 13 and 14 (if relevant) will apply.
- Maanch Limited is registered with the Fundraising Regulator. Please read the Fundraising Regulator's online fundraising guidance here.
- Operation of the Website
- 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.
- 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”).
- 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 6.
- Gift Aid
- 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.
- Fees
- We do not apply any account set up fees, monthly charges and do not charge fees on any transactions across the Website. 100% of the requested funds that you had indicated during the project creation steps will be transferred to you. Third-party payment processing fees, and VAT are charged where applicable. We reserve the right to modify these terms with or without prior notice.
- Payments
- 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.
- Credit and debit card charges are set by Stripe and included in 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.
- 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.
- 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.
- 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.
- Your account and reporting
- 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.
- 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.
- Data protection
- 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.
- 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.
- “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.
- Content provided by you
- 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.
- 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.
- 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.
- You must not provide any incentive to Funders to fund.
- 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 14.
- Trademarks
- 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.
- As long as Clause 13 and /or 14 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.
- 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.
- Copyright
- 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.
- Changes to the Service
- 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.
- Suspension of the Service
- 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.
- Termination of the Service
- 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 15 point 15.1).
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An act of material default will be considered to have occurred;
- if either party becomes insolvent or wound up; or
- 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
- 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
- if your charitable status or your HMRC registration is suspended or withdrawn.
- 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.
- We reserve the right to withdraw the Website and any associated services from any public access at any time at our complete discretion.
- In the event of termination by you or by us under Clause 14 point 14.1, 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.
- Limitation of Liability
- 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.
- 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.
- 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.
- Disclaimer
- 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.
- We reserve the right to withdraw the Website and any associated services from any public access at any time at our complete discretion.
- Governing Law
- These terms of use are governed by English law and are subject to the exclusive jurisdiction of the English courts.
- Third party rights
- 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.
- Introduction
- 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 The Clement Rooms, 218 Strand, London, WC2R 1AT, U.K. (“we”, “our”, “us”, “Maanch”).
- These terms of use describe the service which Maanch provides for charities and organisations at www.maanch.com/m-give (“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.
- 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.
- 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.
- These terms of use were last updated on 25 September 2020 and replace all previous terms of use for the Website.
- 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.
- Registering as a charity or organisation to use the Service
- Subject to Clause 2 point 2.3, 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).
- You must register online with us to set up your Maanch Receiver account.
- 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.
- 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 6 point 6.1.
- 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 13 and/or 14.
- 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.
- 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”).
- 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 13 and 14 (if relevant) will apply.
- Maanch Limited is registered with the Fundraising Regulator. Please read the Fundraising Regulator's online fundraising guidance here.
- Operation of the Website
- 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.
- 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”).
- 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 6.
- Gift Aid
- 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.
- Fees
- We do not apply any account set up fees, monthly charges and do not charge fees on any transactions across the Website. 100% of the requested funds that you had indicated during the project creation steps will be transferred to you. Third-party payment processing fees, and VAT are charged where applicable. We reserve the right to modify these terms with or without prior notice.
- Payments
- 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.
- Credit and debit card charges are set by Stripe and included in 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.
- 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.
- 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.
- 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.
- Your account and reporting
- 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.
- 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.
- Data protection
- 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.
- 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.
- “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.
- Content provided by you
- 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.
- 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.
- 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.
- You must not provide any incentive to Funders to fund.
- 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 14.
- Trademarks
- 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.
- As long as Clause 13 and /or 14 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.
- 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.
- Copyright
- 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.
- Changes to the Service
- 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.
- Suspension of the Service
- 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.
- Termination of the Service
- 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 15 point 15.1).
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An act of material default will be considered to have occurred;
- if either party becomes insolvent or wound up; or
- 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
- 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
- if your charitable status or your HMRC registration is suspended or withdrawn.
- 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.
- We reserve the right to withdraw the Website and any associated services from any public access at any time at our complete discretion.
- In the event of termination by you or by us under Clause 14 point 14.1, 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.
- Limitation of Liability
- 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.
- 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.
- 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.
- Disclaimer
- 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.
- We reserve the right to withdraw the Website and any associated services from any public access at any time at our complete discretion.
- Governing Law
- These terms of use are governed by English law and are subject to the exclusive jurisdiction of the English courts.
- Third party rights
- 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.
These Terms of Service are applicable if you make donations through Maanch.com in Great British Pounds (GBP).
Please read these Terms of Service carefully, they contain important information about your rights and obligations. Your privacy is paramount to us. Our Privacy Policy shows you how we protect it.
- Introduction
- Please read these Terms of Service and our Privacy Policy carefully before using the website (www.maanch.com) which is operated by Maanch Limited (a private limited (benefit corporation pending) (Registration No:11336422) registered in the United Kingdom) and ('Maanch', ‘the platform’, ‘open platform’, 'our', 'we' or 'us').
- By accessing or using www.maanch.com ('our website') (whether you register to use our Services or not), you agree to be legally bound by these terms and conditions and our Privacy Policy as they may be modified and posted on our website from time to time.
- If you do not wish to be bound by these Terms of Service then you may not use our website.
- Nature of our website
- Our website provides opportunities to make tax-efficient charitable donations online to support charitable projects around the world ('Services'). Our website describes the Services in more detail. The website provides information about Maanch, and the projects and organisations which are featured on this site.
- Please note that our website is available only to individuals that can form legally binding contracts under applicable law. Although the general information on our website is suitable for users of any age, you must be over 18 years to use the Services and the payment methods displayed on our website.
- Using the Services on our website
- To use our Services you will need to follow the procedures set out on the Website.
- Details of the procedures for payment and how we will process your donations are displayed on our website.
- Any times or dates stated in relation to our Services are estimates only. We will make all reasonable efforts to provide Services within the time specified, but we do not accept liability for any failure to deliver within that time.
- You may pay by credit or debit card.
- We try to ensure that the information on our website about projects, their funding goals and the amounts which they have received to date is accurate, but sometimes there may be a delay in updating this information, or funding goals for a project may change. On rare occasions, a project may become ineligible for funding from Maanch after we have received a donation from you but before we have transmitted the funds to your chosen project and we will not be able to process the donation in accordance with your original choice on using our website. If this happens we may contact you to ask your preference for which project to reallocate your funds to. If we are unable to obtain instructions from you about how to process your donation within a reasonable period of time, we reserve the right to distribute your donation to other projects in our absolute discretion.
- We are entitled to refuse to process any donation placed by you. If your donation is accepted, we will confirm acceptance to you by emailing the email address you give us when you register on our website. The donation will then be processed by the date set out in the confirmation email.
- You undertake that all details you provide to us for the purpose of using the Services offered on our website will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover any donation you make. We reserve the right to obtain validation of your credit or debit card details or verification of the authenticity and ownership of these payment methods before taking any other steps to process your donation.
- Refunds, Gift Aid and our Fees
- Once we have sent you the email confirming your donation, it is not possible for donations to be refunded.
- We do not provide accounting, tax or financial advice and you should not rely on any information given on our website to determine the accounting, tax or financial consequences of making a donation using our Services.
- A UK-taxed funder is eligible to request to claim Gift Aid on a GBP donation made through Maanch.com. In order for a donation to be classified as Gift Aid, the UK-taxed funder is required to have (i) paid the same amount or more in UK Income Tax or UK Capital Gains Tax in that tax year, as the amount of the Gift Aid claimed, and (ii) made a Gift Aid declaration that gives Maanch permission to claim such Gift Aid. You will be asked to make this declaration and provide personal details in order that we can make such Gift Aid claims.
- We reserve the right to recover from you any funds we are required to repay to HM Revenue and Customs for any reason in connection with Gift Aid claimed on your donations, including any infringement of applicable rules relating to Gift Aid. More information about Gift Aid is available from HM Revenue and Customs.
- We do not directly charge funders any fees for transactions on the platform. We receive our fees from receiving organisations based on terms & conditions agreed with them. Details on pricing are available in the ‘Frequently Asked Questions’ section of the website.
- Changes to our website
- We reserve the right to make changes or corrections, 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.
- Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.
- Information you provide to us
- Our Privacy Policy explains how we may use any personal information you provide to us when using our website. By accepting these Terms of Service, you also accept and agree to our Privacy Policy.
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In addition, the following terms also apply to all messages, emails, bulletin board postings, ideas, photographs, suggestions, concepts or other material submitted by you to us ('Content'):
- you must own or have the right to submit Content for publication on our website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, Regulations, standards and/or codes of practice;
- you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;
- you must ensure that the Content does not advertise or otherwise solicit for funds and is not a solicitation for goods or services (other than encouraging other users of the website to make donations using Maanch’s Services); and
- we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming or uploading emails, comments and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
- You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you upload on our website or submit to us for publication. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
- If you breach these terms and conditions then your permission to use this website terminates immediately. We retain the right to deny access to our website any person when we reasonably believe they have failed to comply with these terms and conditions.
- To provide services under the agreement we need to collect information about you. Under data protection law, we are what is known as the ‘data controller’ of your personal information. For more information about how we use your personal information, see our Privacy Policy. By entering into the agreement you are giving us permission to gather process and store your personal information for the purpose of providing our services to you. This doesn’t affect any rights and obligations you or we have under data protection law. You can withdraw your permission by closing your account, which will end the agreement between you and us. If you do this, we’ll stop using your information for the purpose of providing our services, but we may need to keep your information for other legal reasons.
- Security
- You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention, at support@maanch.com.
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This site is as secure as we can reasonably make it using encryption technology and adopting security and anti-virus practices routinely used and adopted as a matter of good practice. However, you should understand that every internet site, and any computer that connects to the internet, as well as all internet communication, is susceptible to attack by computer hackers and viruses. We will do all we reasonably can to protect this site and all internet communications passing between us and you, but we cannot be held responsible for:
- any losses fairly attributable to your failure to take reasonable precautions to prevent interception of or interference with any such communications (including, without limitations) failure to use and keep up to date firewalls and anti-virus software on your own computer; or
- any losses arising from fraudulent or unauthorised use of your credit or debit card or other forms of payment. If you become aware of fraudulent use or your card, or if it is lost or stolen, you should notify your card issuer.
- Applicability of online materials
- Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use.
- Our website is controlled and operated by Maanch Limited in London in the United Kingdom or by agents or contractors that may be appointed from time to time. Where content published on the website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to the products you purchase from us. You assume total responsibility and risk for your use of our website and use of all information contained within it.
- We have used our best endeavours to ensure that Maanch Limited complies with UK laws. We make no representations that the materials on our website are appropriate or available for use in locations outside the UK. 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.
- Maanch makes no representations and gives no warranties, express or implied that making the Services available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or Regulations. Accordingly, if making the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Services are not offered to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to use the Services.
- Copyright and monitoring
- The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Maanch Limited, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of using our Services. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, for any other purpose except where expressly permitted to do so.
- We own all the intellectual property in our products (for example, on our website, our logo and metrics). You must not use our intellectual property as your own, except to enjoy our products. You also must not reverse-engineer any of our products (that is, reproduce them after a detailed examination of their construction or composition).
- Linked sites
- Maanch makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Maanch and that we have no control over the content or availability of that website. 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 and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or webmaster.
- Availability of our website
- We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
- Liability
- We promise that our Services will be provided with reasonable skill and care.
- We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to our Services, our website or any information provided through our website.
- We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an 'as is' basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
- We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case, however caused, even if foreseeable. This means that we will not pay damages for any losses that are not directly associated with an incident that causes you to claim against us. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents, then we do not accept any liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of Maanch or our agents or any other person or entity.
- If we are liable to you for any reason, our liability will be limited to the amount of any donation you have made using the Services. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
- 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 for accuracy of data input and output.
- The limitations and exclusions in this clause do not affect your non-excludable statutory rights, and only apply to the extent permitted by applicable law.
- General
- We may, but you may not, assign any rights and/or transfer, subcontract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 13 point 13.1 shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
- We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You should check the terms and conditions on the website regularly.
- These terms and conditions together with the Privacy Policy, and any payment method instructions, are the whole agreement between you and Maanch. These terms may, however, be superseded by expressly designated legal notices or terms located on other particular pages of our website. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Maanch or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.
- If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
- These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
- Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
- These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
- Complaints and reporting faults or misuse
- If you have any complaints or wish to report any technical problems with our website or misuse by other users, please contact us by email at support@maanch.com or by writing to Maanch Limited, The Clement Rooms, 218 Strand, London, WC2R 1AT, U.K..
- Termination
- Maanch reserves the right, at its sole discretion, to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services. The obligations contained herein will continue to apply to your past use.
- Upon termination or suspension or denial of access to the Website and associated services, funds already received on your behalf by Maanch will be handled in accordance with the provisions above, provided that any potential payment (where applicable) may be delayed where Maanch conducts an investigation regarding your use of the Website and associated services and Maanch may decide to refuse to pay funds across to you where you have breached these Terms. In such circumstances Maanch may authorise a refund of donations to funders.
- Replacement
- These terms and conditions replace all other terms and conditions previously applicable to the use of our website.