Lepton’s Terms of Service

Effective as from 21 November 2013

Our terms of service describe what Lepton does for you and the charities and other good causes you are supporting, and what we kindly request of you as a user in return.

Summary:

We are currently in ‘private beta.’ This is a closed trial period and access to the trial is on an invitation basis. You must have been given an access code for the trial to take part and use the Services. Lepton may be subject to bugs and or errors that cause it to fail or to work on a less than optimal basis during this period.

  • Online / in app giving - we run and maintain a website that processes donations on behalf of the charities and other good causes featured on it. For this service, and the support we provide to them and their supporters, charities and other good causes pay us a transaction fee of up to 5% on the donation. Because we promptly pay donations to charities and other good causes, we regret that we can only refund a donation if the charity or other good cause expressly requests it, and they can pay us back. Please get in touch with the charity or other good cause first.
  • For certain causes on the website, we may specify a specified fundraising target. This is a general goal but is not binding and donations are not conditional on the fulfilment of any fundraising goal. Where a goal is not reached we regret that no refund will be provided, as the funds will still be used for the good causes supported by the relevant charity.
  • Charities can showcase projects on Lepton. Each project may or may not have a fundraising goal. In no event will any project be deemed to be a commitment to treat any donation given towards it as restricted or earmarked funds. The projects give supporters a more detailed view of the kind of activities and resources that a charity invests itself in. Charities agree to use reasonable endeavours to invest the money raised for each applicable project in the manner described in the project but shall not be obliged to. This is for a number of reasons, which include but are not limited to: the burden of receiving restricted donations is burdensome both legally and in terms of accounting practices and many charities are not in a position to spend extra resources to establish a ‘money trail’ that would satisfy a formal accounting audit; and the circumstances of the charity or the environment in which it operates may have changed: staff may change and new staff may not be able to deliver the project on the same terms, a local environment may become dangerous or hostile to work in and the project may be undeliverable; the economic context may have changed i.e. prices of goods or services may have changed substantially. That is not to say that all or most of the money raised around a project will not be spent on that project or a project very similar to it, but charities would not take part in Lepton if the had to submit themselves to the expense and legal burden of restricted giving in its full legal sense.
  • Your privacy is paramount to us. Our privacy policy shows you how we protect it.
  • We will remove offensive, obscene or racist content on the rare occasions we find it on a fundraising or community page – and we may terminate membership as a result.
  • Please also make sure that the content you upload to the site, especially pictures, is not copyright-protected.

Full Terms of Service:

Lepton is a trading name of Spirit Labs Ltd, a company registered in the UK and the equivalent local entity as identified in the country specific terms of service below, if applicable. Lepton operates www.Lepton.co and from time to time may also operate native mobile application versions of www.lepton.co, including iOS, Android and Windows apps (the "Website") and its associated services, which may include native. These core terms of service (and the relevant country specific terms) (together the "Terms of Service") govern your use of the Website and its associated services. Please read these Terms of Service carefully.

If you do not wish to be bound by these Terms of Service, you should not continue to use or access the Website or its associated services.

These Terms of Service may change or be updated from time to time.

It remains your responsibility to access and check these Terms of Service wherever you access the Website. The latest version of these Terms of Service will govern any future usage by you of the Website and its associated services.

About the charities, good causes and Nonprofits featured on the Website

The Website and its associated services allow you to donate to, and raise funds for, any of the charities and Christian churches listed on the Website ("Causes"). Every Cause featured has a contractual agreement with Lepton authorising Lepton to collect donations on its behalf. Causes are listed on this Website at Lepton's discretion, however we cannot accept responsibility for the activities of the Causes. A charity must have the appropriate authorisation, permit or license to operate as a charity, as required by the local laws of the territory in which it operates. Different charities and their projects and other nonprofits can have similar names: it is your responsibility to check that you are donating to the Cause you intended.

Donations

Subject to the requirements of applicable local laws once your donation is made, it will only be refunded to you with the prior written consent of the Cause to whom it has been made, regardless of whether or not the donation had been paid to the Cause by Lepton. Before a donation is refunded, the relevant Cause must agree that Lepton may, subject to local applicable laws, deduct the amount to be refunded from subsequent payments to be made by Lepton to the Cause. Where no further payments are due to be made to such Cause within one (1) week of the refund being made to you, Lepton reserves the right to invoice the Cause for the amount of the refund and the Cause must agree to settle that invoice within one (1) month of the date of the invoice.

Lepton may not charge your donation/s to your payment card account (using the details you provide at the time of donating) until the end of a specific period, e.g. 30 days or 60 days, in order to reduce the burden of transaction fees. In this event Lepton may, at its sole discretion, aggregate together all donations you have elected to make in the applicable prior period and charge them as one transaction.

Not withstanding any of the clauses above, but subject at all times to any applicable governing local laws, Lepton will not provide refunds except in exceptional circumstances and only at Lepton’s sole discretion as applied on a case by case basis.

If you do not agree to this you should not use the Website to make donations.

Use of your donation

Lepton does not warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding the recipient Cause's use of any donation you may make through the Website or its associated services or websites powered by us or for any misuse or non-use of such donations by the recipient Cause. After donations are made, all further dealings are solely between the donor and such recipient nonprofit.

Please note that recipient nonprofits reserve the right to use your donation for their general purposes.

They will use their reasonable endeavours, to use your donation in the manner described in the project description that you donated to, but will not be legally obliged to do so, including for the reasons described above. They will use your donation for any purpose in accordance with their own rules. Lepton cannot guarantee that funds will be earmarked for a particular appeal. If you want your donation to be used for a specific purpose or for a particular appeal you should contact the nonprofit and make your donation directly to them.

Lepton fees

Lepton charges a small transaction fee on every donation made on the Website or its associated services. This fee may vary but will be include a bank / credit card processing fee (plus VAT) plus Lepton’s percentage fee of the gross donation. Subscription fees also apply to Causes. For full details please contact Lepton. Causes will be notified of all changes to fees and subscription costs in advance by email or by changes to these Terms of Service.

Unauthorised card use

When a donation is made on the Website and charged to your card the transaction is final and not disputable unless unauthorised use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with it’s reporting rules.

Protecting your password

When you register with Lepton and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your password, we recommend that you change your password immediately or email us at support@lepton.co

Information

Lepton is not an accounting, taxation or financial advisor, and you should not rely on information given on the Website or its associated services to determine the accounting, tax or financial consequences of making a donation to charity, church or not-for-profit. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.

Privacy

Lepton's Privacy Policy forms part of these Terms of Service. By agreeing to these Terms of Service you also give your consent to the way we may handle your personal information under that Policy.

User conduct

You must at all times use the Website and its associated services in a responsible and legal manner and ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party. In particular, but not exclusively:

  • You must not upload offensive, obscene, racist, defamatory, misleading or deceptive content, including photographs, on to the Website or its associated services. Lepton reserves the right to remove or edit any content posted on the Website or its associated services at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene, racist, libellous, misleading or deceptive. If you notice any such content, please email us at support@lepton.co
  • If you build a fundraising project on Lepton, you must ensure that any information you provide to the public is accurate and not misleading. It is your responsibility to ensure that the content you are uploading on your page, in particular the photograph, is not copyright-protected. If it is, you must obtain the copyright owner's written consent to use it. Lepton reserves the right to remove any pictures, photographs or copy from personal fundraising or Lepton Projects pages, at its sole discretion and without notice if their copyright status is in any doubt. If you suspect a breach of copyright on the Website, please email us at support@lepton.co
  • Other than in relation to your own Lepton fundraising projects, you may not remove or change anything on the Website.

In addition, you as a user including any charity, church or nonprofit, must not:

  • misrepresent your identity or affiliation with any other person or nonprofit;
  • use the Website to send junk email or 'spam' to people who do not wish to receive email from you;
  • use the Website to conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
  • interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the Lepton systems;
  • disclose any information relating to any donor except with the consent of the donor or as permitted by applicable local laws.

Lepton reserves the right to cancel your membership and delete any Lepton page without notice in the event of a breach of the above rules or reasonable belief of the same.

Building a Lepton page in aid of a Cause in no way implies Lepton’s endorsement of your fundraising activity. Lepton reserves the right, at its absolute discretion and without notice, to cancel any project or fundraising page at the request of the Cause, in the event that the Cause, in its absolute discretion, deems it necessary.

Links

The Website and its associated services may contain links to the websites of Causes. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any transactions with other nonprofits through their websites or otherwise are your own responsibility.

Partner Services

Lepton may from time to time select partners offering relevant information and services that we believe will enhance our provision for visitors to the Website. Whilst we will do our best to select partners of the highest integrity, we are not responsible for any aspect of the information or services offered by them, and if you choose to use their services you do so at your own risk.

Trademarks

The names Lepton, Lepton.co, the Lepton logo and any other product and service names that we may present on the Website or its associated services from time to time may not be used in connection with any product or service that is not Lepton's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Lepton. Other trademarks, service marks or logos that appear on the Website or its associated services, in particular (but not exclusively) those of member charities or other nonprofits, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. Causes hereby consent to such use on Lepton. However, such properties must not be used by any other user of the Services without the express permission of the trademark owner.

Copyright

All content on the Website and its associated services is owned by Lepton, our member charities, 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, trademark or other proprietary notice. No other use of the Website's and its associated services' content is permitted without the express prior permission of Lepton, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to support@lepton.co.

Changes to the service

Lepton will make every effort to ensure that the Website and other services are available continuously, but reserves 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.

Failure to comply with these Terms of Service

In the event that you commit a breach of these Terms of Service Lepton 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.

Termination

You may discontinue use of the Website and associated services at any time. These Terms of Service will continue to apply to past use by you.

Disclaimer and Limitation of Liability

Lepton does not, and nothing in these Terms of Service shall act to, exclude or limit Lepton's liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. You agree that your use of the Website and its associated services is on an "as is" and "as available" basis and that your use of the Website and its associated services is at your sole risk. Lepton does not guarantee continuous uninterrupted or secure access to our services and operation of the Website and associated services may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms of Service and except for the rights, guarantees and remedies which cannot be excluded, Lepton does not provide other conditions, guarantees, warranties or terms in relation to the Website or its associated services, to the extent permissible by law. Lepton shall undertake general maintenance and upkeep of the Website, at the times set out in the applicable country specific terms, from time to time. During these periods, the Website and its associated services may not be available for use. In exceptional circumstances, the Website and associated services may also become unavailable at other times.

Lepton shall only be liable under these Terms of Service for losses which are reasonably foreseeable and caused by Lepton's breach of these Terms of Service or Lepton's negligence. Lepton's total liability to you arising under or in connection with these Terms of Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the donations you have made using the Website in the preceding 12 month period, ending on the date the circumstances giving rise to Lepton's liability arose.

Lepton's liability to you shall not include losses relating to any business of yours or your own losses such as lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time.

Lepton may change the format and content of the Website and its associated services from time to time. 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 Service.

Nothing in these Terms and Conditions excludes any statutory rights which may apply to your use of the Website and associated services which cannot be excluded, restricted or modified by contract.

Governing law

These Terms of Service and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by the law, and subject to the jurisdiction of the courts of, the country set out in the country specific terms.

Third party rights

A person who is not a party to these Terms of Service has no right to enforce any term of these Terms of Service.

SPECIFIC TERMS OF SERVICE FOR THE UNITED KINGDOM AND ALL COUNTRIES (SAVE WHERE INDICATED OTHERWISE, IF APPLICABLE).

These additional terms apply and will prevail where you access the Website or associated services in the United Kingdom or any other part of the world.

The local Lepton entity and the company who provides the service to you is Spirit Labs Ltd, whose registered office is at 302 The Highway, London E1W 3DH, United Kingdom (registration no. 08746261).

User conduct - you, as a user of the Website, must not provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by the donor.

Lepton fees - All payments referred to in these Terms of Service are exclusive of Value Added Tax, where applicable.

Disclaimer and Limitation of Liability - The times at which Lepton shall undertake general maintenance and upkeep of the Website will be at times that are intended to minimise any inconvenience.

Governing law - These Terms of Service and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by English law and are subject to the non-exclusive jurisdiction of the English courts.

ADDITIONAL TERMS FOR LEPTON CAUSES PROJECT CREATORS (APPLIES TO THE UK ONLY)

If you create a Lepton projects page to raise funds for your Cause on the Website the following additional terms will apply to your dealings with Lepton in relation to the relevant Lepton project and your use of the Website and associated services. To the extent there is any conflict between these additional terms and the core terms of service, these additional terms will apply:

Donations and Bank Trust Funds Accounts

Lepton will:

  • Maintain at a reputable bank in London (Barclays and or HSBC) a trust account in relation to donations made to the Causes represented on Lepton. These are trust bank accounts in which monies (other than the interest accruing on such monies and any fees and or subscriptions owed to Lepton) are held on trust for all Lepton Causes and do not belong to Lepton (‘Trust Funds’);
  • Operate the Website so that donors can make online donations by credit or debit card, or by any other payment method available on the Website;
  • Set up arrangements to ensure that all donations (and wherever possible after deduction of bank processing charges, Lepton's transaction fees as set out below and applicable sales taxes) are:
    • Paid into the Trust Funds Accounts and are held on trust for your each applicable Cause which has attracted donations via Lepton; and
    • Paid out by BACS payment from the Trust Funds Accounts to your bank account or by cheque at Lepton’s discretion within 45 days of the last day of the month in which the applicable donation was made; and

Support and Donation Acknowledgements

Lepton will:

  • Send prompt email acknowledgements to donors in respect of donations made to each Cause represented on the Website. These acknowledgements may be aggregated together in a daily basis so that if a donor makes more than one donation to the same Cause in a given day, the acknowledgement of receipt for each gift may be aggregated together.

Personal Information

Lepton will:

  • Capture personal information including but not limited to the donor's name, title, address and email address ("Personal Information") at all times in accordance with the Data Protection Act 1998 and related legislation, regulatory requirements and guidance as updated and amended from time to time ("Privacy Laws") and protect and secure such information. For the avoidance of doubt this paragraph does not imply that Lepton will share such information with you or with the Causes to which you or anyone else donates.
  • To the maximum extent possible under applicable law, abide by the instructions of all donors in respect of their Personal Information;
  • Not sell, trade or rent Personal Information to third parties.

Compliance

  • Lepton will comply at all times with all applicable laws relevant to fund-raising and any authority, license, permit or registration requirements, as amended from time to time; and
  • Lepton may, at its sole discretion, evaluate a Cause’s and / or its underlying projects prior to publication and decide whether or not to publish it on the Website.

Intermediary

Lepton, as operator of the Website and associated services, acts as an intermediary between you and the individual users of the Website and associated services and whilst your and/or the Causes and their related projects and the individual user information resides on the Website or associated services, Lepton does not check or exercise any editorial control over the content of such information, save as required by applicable laws. In the event that Lepton is made aware of or has knowledge of any unlawful activity or information on the Website or associated services, Lepton shall act to remove or disable access to the information. Lepton shall not be liable to you or any applicable Cause as a result of its role as intermediary.

Cause Obligations

As a Cause, you agree that:

  • By submitting any information about your nonprofit and or any projects related to your cause that you nonprofit and its charitable objects, Lepton is authorised to raise funds on your behalf in accordance with these Terms of Service.
  • If your use of the Website and/or associated services results in access to any Personal Information you shall: (i) at all times assist with the responsibilities of Lepton, as a data controller responsible for determining how the Personal Information is processed under the provisions of the Privacy Laws; (ii) not do, or cause or permit to be done, anything which may result in a breach by Lepton of the Privacy Laws and comply with all reasonable instructions from Lepton relating to the processing by you of such Personal Information; (iii) comply with the Privacy Laws in respect of your collection, use, disclosure or processing of the Personal Information; (iv) abide by the lawful instructions of all data subjects in respect of the Personal Information and not do anything to compromise the security of such information; (v) not sell, trade or rent Personal Information to third parties; (vi) hold the Personal Information securely and not disclose it to anyone other than Lepton, as agreed to by the data subject and/or as permitted by Privacy Laws; (vii) implement adequate security, technical and nonprofital measures against all unauthorised, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with Privacy Laws, and abide by Lepton's reasonable requirements to ensure the security of the Personal Information as notified to you from time to time; (viii) use Personal Information appropriately and only for the specific purposes as notified to you from time to time, including by way of the applicable privacy policy available on Lepton's Website; (ix) only communicate with donors where they have agreed to receive further communications from you and only to the extent that they have indicated their preference to do so (for example in relation to communications for a specific fundraising event or project only); (x) not retain any Personal Information for longer than is necessary; and (xi) to the extent legally permissible, you shall indemnify and hold harmless Lepton, its successors and assigns, from and against all losses, costs and other damage caused by your breach of this paragraph; and
  • You shall maintain any necessary authority, permit, license, consent, approval and registration for you to fundraise (and, where applicable, for Lepton to fundraise on your behalf) in accordance with applicable laws and if Lepton needs any such authority, permit, license, consent, approval or registration for it to fundraise on your behalf, then you will, at no cost to Lepton, provide all such assistance as Lepton reasonably requires to assist Lepton with the same. You agree that you shall inform Lepton immediately if, for any reason, you cease to maintain the necessary authority, permit, license, consent, approval and/or registration to operate the fundraising activities in accordance with applicable local laws.
  • By submitting a Cause profile and / or project to Lepton for presentation on the Website and or Services you represent, warrant and undertake to Lepton and the users of the Website and or Services that:
    • Your Cause is a registered charity based in the UK;
    • you will provide feedback via Lepton to explain what tangible outcome has been or will be achieved as a result of receiving donations for a specific project;
    • Even though legally you may use these donations for general purposes in accordance with your charitable objects, you will use your reasonable endeavours to donations give to a specific project for the purposes specified in that project so far as it is within your capability; and
    • You further represent, warrant and undertake that no fraudulent, criminal or otherwise improper uses will be made of donations made to you via Lepton.

License of Trademark

You hereby grant to Lepton, its affiliates and its partners a non-exclusive license to use any of your trademarks solely in connection with the Website and associated services and its operation and promotion and for no other purpose whatsoever.

The license shall terminate automatically on expiry or termination of these Terms of Service or the removal of your nonprofit and all projects related to it from he Website in entirety in accordance with these Terms of Service.

Fees

In consideration of using the Website and associated services, you shall pay a percentage transaction fee to Lepton on the gross amount of every donation plus a monthly subscription fee. You will be notified of such fees and any further changes to such fees at least ten working days in advance of their coming into effect and will be bound to pay such fees if you do not write to us at support@lepton.co to ask for the removal of your Cause and any related projects from the Website and or Services.

Lepton is, subject to applicable laws, hereby authorised to deduct the transaction fee together with applicable taxes and bank processing charges from the donations provided to you under these Terms of Service.

Disclaimer and Limitation of Liability

Notwithstanding the provisions of the "Disclaimer and Limitation of Liability" section of the core Terms of Service, Lepton's total liability to you arising under or in connection with these Terms of Service, so far as such liability arises out of or relates to your use of a Lepton to promote your Cause and or any related projects, shall be limited to the total fees paid by you to Lepton under these Terms of Service for your use of the Website and associated services during the preceding 12 month period ending on the date the circumstances giving rise to the liability arose.

Confidential Information

During the term of your project and for a period of seven (7) years thereafter, the parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of the Website and associated services and which is not in the public domain. No party shall use or disclose to any third party such information belonging to the other party without that party's prior written consent, except where required to do so by applicable law, including, without limitation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, or regulatory or governmental body. This paragraph shall survive termination of these Terms of Service.

Termination

Lepton 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 Services where you breach these Terms of Service including where there is any actual or suspected fraudulent, criminal or improper use of the Website or Services. These Terms of Service shall terminate automatically upon the removal by Lepton or by you of your Cause and or projects from the Website. These Terms of Service will continue to apply to past use by you.

Upon termination or suspension or denial of access to the Website and associated services, funds already received on your behalf by Lepton will be handled in accordance with the provisions above, provided that any potential repayment (where applicable) may be delayed where Lepton conducts an investigation regarding your use of the Website and associated services and may decide to refuse to pay funds across to you where you have breached these Terms of Service. In such circumstances Lepton may authorise a refund of donations to donors.