Parsnip Service Terms and Conditions
The Parsnip Service is free for Charities to use. It allows Users to fundraise for the Charities that
they have selected to support.
You must register for the Parsnip Service on the
Charity Portal to become a Member. As a Member,
donations will be transferred electronically to Your nominated bank account,
You will be able to access the information needed to claim Gift Aid from HMRC,
and You will have access to marketing materials that You may use to promote the Parsnip Service to
Your supporters and donors.
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.
Definitions
Agreement:
means these terms and conditions as varied by Us from time to time;
Care:
means the help available to deal with Your Parsnip Service related queries.
You may contact the Care team via email using
charitycare@parsnip.org.uk;
Charity, or Charities: means an charitable organisation that is registered with either the
Charity Commission of England and Wales, the Charity Commission of Northern Ireland, or the Office of
the Scottish Charity Regulator (including any successor organisations), who has, where required,
provided the necessary documentation required to be deemed up-to-date by the relevant Charity
Commission or Charity Regulator;
Charity Portal: means Our online portal where Charities register for the Parsnip Service,
and Members access certain Parsnip Service related information. The Charity Portal is accessed using the
parsnip.org.uk website;
Data Protection Legislation: has the meaning set out in the Data Protection Act 1998 and the retained General Data Protection Regulation (EU) 2016/679 and any national implementing legislation and regulatory requirements in force from time to time relating to privacy and data protection;
Gift Aid: means the UK government scheme enabling Charities to reclaim tax on a donation made by a UK taxpayer;
Member: a Charity that has been validated by Us following completion of the Parsnip Service registration process;
Mobile App: means the mobile application that allows a User to access the Parsnip Service;
Parsnip Service: means the fundraising service offered to Users and Charities;
User: means a Parsnip Service customer;
We, Us, or Our: means Rokami LTD (Company No: 11368315) whose registered office is St Michaels, Shinfield Road, Shinfield, Reading, Berkshire, England, RG2 9BE, or any of its wholly owned subsidiaries;
Working Day: means a day that is not a Saturday or Sunday, Christmas Day, Good Friday, or any day that is a bank holiday in the UK;
You or Your: means the Charity entering into this Agreement with Us.
1. Donations
- 1.1
As a Member, once the aggregate amount of donated funds collected from Users for You exceeds fifty (50) pounds,
We will on a quarterly basis instruct Our bank to transfer those donated funds to Your nominated bank account.
You may also contact Our Care team at any time to request a transfer of donated funds collected to date, and
We will transfer those funds as part of Our next quarterly donation transfer cycle.
-
1.2
As a Member, We will provide You with the information needed to make a Gift Aid claim as part of Your HMRC Gift Aid claiming process.
- 1.3
In rare instances, 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 contact You to arrange to transfer any donated funds 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.
2. Fees
We do not charge You a fee for using the Parsnip Service.
3. Promoting the Parsnip Service
- 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 As a Member, 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 As a Member, 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.
5. Data Protection
- 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, You agree to permanently delete and/or destroy all
Personal Data, save where legislation 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
You may terminate Your membership at any time by contacting Our Care team.
- 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 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 the total amount donated to You under this Agreement during the preceding 12 month period ending on the date the circumstances giving rise to the liability arose.
- 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.
10. General
- 10.1Both 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 last updated in September 2023, and supersedes all previous Agreements.
- 10.7 This Agreement is governed by English law and You agree to the non-exclusive jurisdiction of the courts of England and Wales.
