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Parsnip Service Terms and Conditions

This Agreement contains the terms and conditions that govern Your participation in the Parsnip Service. Please read them carefully.

1. The Parsnip Service

• 1.1 The Parsnip Service is free to Charities and Users. It allows Users to fundraise for the Charities that they have elected to support.
• 1.2 Only Members may receive donated funds from the Parsnip Service. You must successfully complete the Parsnip Service registration process on the Charity Portal to become a Member. Completion of the registration process includes acceptance of this Agreement without modification, and the submission of valid information identifying the Charity and the Charity bank account. As part of the registration process, We complete certain identity, bank account, and anti-money laundering checks to ensure that the funds raised for You will be transferred to the correct Charity and the correct Charity bank account. We run these checks for all the Charities We work with, and We store the information You provide Us with securely in the United Kingdom. In certain circumstances additional verification may be required. We will inform You that the registration process has been successful.
• 1.3 Whilst You remain a Member of the Parsnip Service, and when the aggregate amount collected for You exceeds ten (10) pounds, We will instruct Our bank to transfer the donated funds to Your nominated bank account within twenty-eight (28) days from the end of each new calendar quarter. If the aggregate amount collected for You does not exceed ten (10) pounds by the end of the calendar year, We will within twenty-eight (28) days from the end of the calendar year, transfer any donated funds to Your nominated bank account.
• 1.4 Within twenty-eight (28) days from the end of each calendar quarter, We will provide You with a report that details the amount that has been donated to You, and where relevant, specify which Users have consented to their donations being subject to a Gift Aid claim by You as part of Your normal HMRC Gift Aid claiming process.
• 1.5 We may not be able to transfer donated funds to You because of an ongoing investigation by a relevant regulator within the United Kingdom, and if this happens, We will hold the donated funds for a reasonable period of time to allow the investigation to conclude. Following this, We will either send the money to You or, if We are not able to do so for legal or regulatory reasons, We will follow the directions of the investigating regulator.
• 1.6 Should You choose not to become a Member within ninety (90) days of being invited by Us to do so, We will be unable to transfer donated funds to You, and will ask those Users supporting You to select a different Charity.
• 1.7 You agree that Your use of the Parsnip Service is regulated by the terms and conditions set out in this Agreement, and You agree to use the Parsnip Service at all times in a responsible and legal manner, and in a way that does not bring the Parsnip Service into disrepute.

2. Fees

We do not charge You a fee for using the Parsnip Service.

3. The Charity Portal

• 3.1 In order to make promoting the Parsnip Service to Your supporters as simple as possible, We provide multi-channel marketing and promotional materials for You to access through the Charity Portal and tailor to Your needs according to Our brand guidelines.
• 3.2 You agree to be responsible for password security management and control, and Your access to the Charity Portal.
• 3.3 You agree not to permit any person to access the Charity Portal for any unauthorised purpose that would constitute a breach of this Agreement.
• 3.4 You agree to keep Your details stored in the Charity Portal accurate and up-to-date at all times.

4. Licences

• 4.1 We grant You a non-exclusive, royalty-free, worldwide licence to use Our logo and other marketing and promotional materials that are available to download from the Charity Portal.
• 4.2 You grant Us a non-exclusive, royalty-free, worldwide licence to use Your Charity name and logo, and any other marketing and promotional materials (including associated intellectual property rights) that You provide to Us, in connection with the Parsnip Service.
• 4.3 Subject to the licences granted under this Agreement, neither party shall acquire any right, title, or interest in or to the intellectual property rights of the other party or its licensors.
• 4.4 In relation to the use of each other’s intellectual property rights, each party shall, in respect of any action brought against the other party, indemnify and keep indemnified the other party from and against all costs, claims, demands, liabilities, expenses, damages or losses as a direct result of its use or possession of the marketing materials, or intellectual property rights provided to it, that infringe any intellectual property rights or other rights of a third party.
• 4.5 The licences provided by both parties under the terms of this Agreement shall terminate automatically when You cease to be a Member.

5. Data Protection

Capitalised words in this clause 5 not already defined in this Agreement shall have the meaning set out in the Data Protection Legislation.

• 5.1 Each party shall comply with its obligations under all applicable Data Protection Legislation in the course of performing its obligations under this Agreement. We are the Data Controller. You are the Data Processor.
• 5.2 As the Data Processor, You agree to (i) act only on Our instructions in relation to processing Personal Data provided under this Agreement, save where You are required by law to otherwise process such Personal Data (ii) take appropriate technical and organisational security measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of or damage to Personal Data; (iii) notify Us (within five (5) Working Days) if You receive a request from a Data Subject to have access to its Personal Data; or a complaint or request relating to Your obligations under Data Protection Legislation; and (iv) provide Us with full cooperation and assistance in relation to any complaint or request made in respect of any Personal Data, including by providing Us with full details of the complaint or request, and complying with a Data Subject access request within the relevant timescales set out in the relevant Data Protection Legislation.
• 5.3 As the Data Processor, You agree and warrant that Personal Data provided under this Agreement will (i) only be processed and subsequently used for the purpose of claiming Gift Aid from HMRC, and (ii) will not be processed or used in a manner that is incompatible with this purpose. The following Personal Data is relevant: User name, User address, donation date, donation amount, date that the User provided Gift Aid consent.
• 5.4 Subject to clause 5.5, the parties agree that all Personal Data shall be kept in the United Kingdom or European Economic Area.
• 5.5 We may transfer Personal Data received from You to countries outside the United Kingdom or European Economic Area to any International Organisation(s), provided all transfers by Us of Personal Data to an International Organisation shall (to the extent required under Data Protection Legislation) be effected by way of appropriate safeguards and in accordance with Data Protection Legislation.
• 5.6 Upon termination of this Agreement, both parties agree to permanently delete and/or destroy all Personal Data, save where legislation imposed upon You prevents the deletion or destruction of such Personal Data.
• 5.7 If You use any third parties in relation to processing Personal Data, You shall ensure that the third party complies with the terms of this Agreement, and You shall remain primarily liable and responsible for the acts and omissions of any such third party.
• 5.8 Each party agrees to indemnify and keep indemnified the other party from and against all costs, claims, demands, liabilities, expenses, damages or losses arising out of or in connection with any action by the Information Commissioner, any other relevant authority, or any other relevant person in relation to a breach by a party of this clause 5. Indemnification is contingent upon the indemnified party promptly notifying the indemnifying party of a claim, and the indemnifying party being given the possibility to cooperate with the indemnified party in the defence and settlement of any claim.

6. Ceasing to be a Member

• 6.1 We may end Your membership by providing You with at least one (1) months written notice to the primary contact specified in the Charity Portal. At the end of the notice period, We will stop collecting donations from Users supporting You, and will send any unpaid donations to You as part of the next scheduled quarterly payment cycle. Once We have completed this final donation payment cycle, Your Parsnip Service membership will expire.
• 6.2 We may terminate this Agreement with immediate effect if (i) You lose Your charitable status or (ii) if We reasonably believe that You have been involved in illegal activity. If this occurs, We will send any unpaid donations generated by Users supporting You to a Charity of Our choosing as part of the next scheduled quarterly payment cycle.

7. Force Majeure

We will not be liable to You for any breach of this Agreement where the circumstances giving rise to the breach were due to abnormal and unforeseeable circumstances beyond Our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary.

8. Confidentiality

• 8.1 Both parties agree to treat the other parties’ information of a sensitive and confidential nature as confidential, and not to disclose that information to any other person without the owner's prior written consent.
• 8.2 Clause 8.1 shall not apply to the extent that (i) such information was in the possession of the party making the disclosure, without obligation of confidentiality, prior to its disclosure; or (ii) such information was obtained from a third party without obligation of confidentiality; or (iii) such information was already in the public domain at the time of disclosure otherwise than through a breach of this Agreement; or (iv) such information is required to be disclosed to a third party in order for Us to perform the Parsnip Service, providing at all times that any such third party would be subject to confidentiality provisions.

9. Our Liabilities

• 9.1 Nothing in this Agreement excludes or limits either parties’ liability for fraud, or for death, or personal injury arising from its negligence or that of its employees, agents or subcontractors, or for any other liability that cannot be lawfully excluded.
• 9.2 Subject to clause 9.1, We will not be liable for any loss of profit, business, contracts, anticipated savings, goodwill, or revenue; any loss or corruption of data or software; any unavailability of the Parsnip Service resulting from a failure of any independent third party telecommunications provider and or the internet; or any indirect or consequential loss or damage whatsoever.
• 9.3 Subject to clause 9.1 and 9.2, Our total aggregate liability for all claims arising under or in connection with the Parsnip Service in respect of all events, regardless of form of action and whether in contract, tort, warranty, or other legal or equitable grounds (including in each case negligence) will be limited to one hundred (100) pounds.
• 9.4 The exclusions and limitations set out herein apply to any liability of Our third-party suppliers and any of their respective suppliers (if any), to You, which may arise in connection with this Agreement.
• 9.5 The provision of the Parsnip Service is provided on an ‘as is’ and ‘as available’ basis and to the fullest extent permitted by law no warranties are implied except as set out in this agreement. We may, without liability to You, suspend the Parsnip Service at any time for any reason. We will try to inform You in advance of a suspension, but this may not always be possible.

10. General

• 10.1 Both parties agree to comply with all applicable laws and regulations at all times, including but not limited to (i) all laws relating to anti-bribery and anti-corruption including, but not limited to the Bribery Act 2010 (as amended from time to time); (ii) all laws relating to anti-slavery and human trafficking from time to time in force including but not limited to the Modern Slavery Act 2015 (as amended from time to time); and (iii) all laws relating to tax evasion including but not limited to the Criminal Finances Act 2017 (as amended from time to time).
• 10.2 Any delay or failure to exercise any right or remedy under this Agreement by Us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
• 10.3 This Agreement does not create, and shall not be construed as creating, any right under the Contracts (Rights of Third Parties) Act 1999 which is enforceable by any person who is not party to this Agreement.
• 10.4 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
• 10.5 You may not assign or transfer any of Your rights and / or benefits under these terms. We may assign Our rights and benefits at any time without prior written notice to You. We may subcontract any of Our obligations under this Agreement.
• 10.6 This Agreement was published on the 31st March 2021.
• 10.7 This Agreement supersedes and replaces all previous Agreements.
• 10.8 We may change this Agreement from time to time by giving You three (3) Working Days notice before the changes take effect. When We make changes, We will inform the primary contact in the Charity Portal via email. You have the right to unregister from the Parsnip Service at any time before the changes come into effect. If You do not unregister from the Parsnip Service, You will be treated as having accepted the changes.
• 10.9 This Agreement is governed by English law and You agree to the non-exclusive jurisdiction of the courts of England and Wales.