Terms & Conditions
IMPORTANT – READ CAREFULLY:
This Member Licence Agreement (the “Agreement”) is a legal agreement between you (either an individual or a single entity) and Roundups Fundraising Services Ltd. (“Roundups”) for evaluation and use of Roundups (including all ancillary Applications provided) and any associated documentation provided with Roundups (collectively, the “Roundups”, the “Roundups App” or the “App”).
By downloading, installing, or using the the Roundups Service:
- you represent that you understand the terms of this Agreement and you have the capacity and authority to bind yourself to this Agreement, and
- you accept the terms of this Agreement and you consent to be bound by this Agreement (hereinafter referred to as “you”).
If you do not agree to be bound by these terms and conditions, do not download, install, or use Roundups.
GENERAL LICENCE GRANT
Pursuant to an email or other written communication from Roundups with the licence details for the Roundups Service (“Confirmation”), and subject to payment of all applicable licence fees, commissioner or other charges, Roundups grants you the limited, non-exclusive, non-sublicensable, non-transferable licence to install or use Roundups in accordance with this Agreement and subject to any volume, field of use, configuration or other restrictions set forth in the Confirmation. If other documentation contains terms in addition to, or different than, the terms of this Agreement, those terms in that documentation shall be disregarded and the terms of this Agreement shall take precedence.
Your licence to install and use Roundups shall be in accordance with one or more of the following licence options, as set forth on the Confirmation or on your Member Account. Roundups may contain a software licence management tool (a “Licence Manager”) that regulates your use of the service. If so, all of the licenced activity described below must be subject to the control of the licence Manager, and you may not install or use Roundups in a manner that circumvents or interferes with the operation of the licence Manager or any other technological measure that controls access to Roundups.
- Members may install Roundups on their devices or use the web version in the number specified in Roundups Account Confirmation. Roundups is licenced under each Confirmation on a subscription basis per individual Member (General Licence). The term of each General Licence shall be as set out in Roundups Account Confirmation and shall commence on the start date specified on Roundups Account Confirmation (“Subscription Term”). The General Licence shall automatically terminate upon expiry of Roundups Subscription Term unless the parties have agreed upon an automatic renewal of the term pursuant to the terms of the Confirmation.
- Members may copy and install on Member’s devices, for use only by the Member, as many copies of Roundups as is designated on Roundups Confirmation.
- All commission payments shall be payable per authorised Member as set forth in Roundups Account Confirmation.
- Any payments due for rounding up transactions, commission and donations will be handled by Worldpay. Worldpay is a third-party payment platform, registered with the Financial Conduct Authority in the United Kingdom and operates globally. Roundups cannot be held liable for any breaches in Worldpay’s security systems as well as any losses suffered by you as a result of Worldpay’s system failure or similar events outside of Roundups’ control. You agree to make yourself familiar with Worldpay’s payment terms available here. More information on payment processing can be found below.
It is your responsibility to ensure compliance with the terms of this Agreement. Except as may otherwise expressly be provided herein and as otherwise expressly permitted by law, you shall not, directly or indirectly:
- Use Roundups in a manner that infringes any third party’s copyrights or any other rights;
- Make any translation, adaptation, arrangement, modification, derivative work or other alteration of Roundups;
- Distribute, sell, give away, hire or lease Roundups, or another product wholly or partially derived from Roundups, or offer to do any of the foregoing;
- Assign, sell, lease, rent, or otherwise make all or any part of Roundups available for installation or use by any third party, as a service bureau, Application service provider or otherwise, without the prior written consent of Roundups;
- Decipher, decompile, disassemble or reverse engineer Roundups, in whole or in part. To the extent you are expressly permitted by law to reverse engineer Roundups, you agree to use such findings only as expressly permitted by law, and to otherwise hold such findings in strict confidence. For information regarding interoperability, contact Roundups.
TRANSFER AND ASSIGNMENT
This Agreement is personal and may not be assigned or assumed, including by operation of law, without Roundups’ prior written consent, and any attempt to do so without such consent is void. You may, however, transfer Roundups and the data generated by the use of Roundups to a successor in interest to all or substantially all of your assets or stock on a permanent basis, provided you retain no copies and the recipient agrees to the terms of this Agreement.
TERM AND TERMINATION OF LICENCE
- The term of this Agreement, and the licence granted hereunder, shall commence upon the date provided for in Roundups Account Confirmation and shall continue for the term stated on Roundups Account Confirmation as issued by Roundups or, if no specific term is stated, shall continue indefinitely unless terminated in accordance with this Agreement.
- This Agreement and the licence granted hereunder shall terminate immediately and automatically if you have not paid any commission or donation fees or other charges due to Roundups within 30 days after such amount is due.
- Without prejudice to any other rights, Roundups may immediately terminate this Agreement and the licence granted hereunder upon written notice to you if you fail to comply with the terms and conditions of this Agreement.
- Upon termination of the licence for any reason, you must immediately destroy and stop using all copies of Roundups (including purging all storage media on which such Software is installed or otherwise stored) and all of its component parts.
Any communications from the Roundups Members via the Roundups app are sent to a third party GDPR-compliant provider which encrypts data at rest and abides by all Applicable best privacy practices. Roundups can access this platform via an industry-standard HTTPS (TLS 1.2) secured connection where Roundups can view the details of any communication. There is a secure integration to Roundups’ encrypted email platform, which allows Roundups to respond quickly and securely to any Member inquiries.
Any other communication sent to Roundups by Members either directly via Roundups’s website forms or directly via email, are stored and managed on servers which can then be accessed to read those emails and communications.
The provision of support services by Roundups, if any, shall be subject to the terms of this Agreement. Roundups shall provide the support and maintenance services to all Members. Members can submit support requests either via their profile on the Roundups Service or via email to email@example.com.
All copyrights, trademarks and all other intellectual property rights in and to Roundups are and shall remain the sole and exclusive property of Roundups. Nothing in this Agreement shall confer any rights in any trade name, business name or trademark of Roundups to you. All modifications and improvements made to the Roundups Service and derivative works of Roundups created by Roundups based in whole or in part upon the suggestions or feedback provided by you shall remain the sole and exclusive property of Roundups. You agree not to remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of Roundups. You agree to keep confidential and use your best efforts to prevent and protect the contents and output of Roundups from unauthorised disclosure.
Title, ownership rights, and intellectual property rights in and to the content accessed through Roundups is the property of Roundups content owner and may be protected by Applicable copyright or other law. This Agreement gives you no rights to any such content.
FUNCTIONS AND USE OF DATA
Roundups designs, builds and maintains a platform allowing members to donate to Good Causes in convenient and engaging ways.
Donations are including but not limited to low value amounts of 99 pence or less. The donations are based on rounding up your digital payments to a specific “Roundup Figure” that Members must specify when setting up their account. For example, you can choose to round up your transactions to £0.10, £0.50 or £1.00. Members have constant access to their historical donations log via the Roundups app.
The Good Causes that Members can donate to can be Registered Charities and schools as well as non-regulated social enterprises, limited companies or other corporate structures supporting causes beneficial to the society at large or specific groups in need of help.
The Good Causes available on the platform are pre-selected. Members cannot use the platform to donate to other Good Causes which have not yet been added. Members can submit requests for invitations of Good Causes, however those will be invited and added upon Roundups’ sole discretion.
Roundups carry out a limited degree of due diligence on the Good Causes available on the platform and Roundups cannot be held responsible for how Good Causes use the donations distributed by Roundups. More information on the vetting process for Good Causes is available here.
Roundups is not a payment service provider. The mission of the service is to offer innovative and engaging ways for individuals to donate to Good Causes, encourage altruism via new donation mechanism s; make the experience as rewarding as possible and build a community of like-minded philanthropists.
Roundups do not store any financial data. All data necessary for the operation of the service is processed and stored as explained in this Agreement and in compliance with the applicable laws and regulations.
PAYMENTS, DONATIONS, FEES AND PAYMENT PROCESSING
Roundups Fundraising Services Ltd receives 5% of all donations as a commission to ensure the functioning of the app and all applicable software as well as any administration required to provide such services to Members and Good Causes. This administration cost covers third party costs such as payment processing fees and data aggregation. Further, it covers business running costs such as technical infrastructure and marketing. This commission fee is deducted from donations before they are disbursed to Members’ chosen Good Causes.
Some of the processes required to use the Roundups app are regulated by the Financial Conduct Authority. The processes that are FCA regulated are managed by authorised organisations Salt Edge Limited and Worldpay (UK) Limited as explained below. Roundups is a donation-based crowdfunding platform and it is not regulated as per the requirements of the Financial conduct Authority.
In order to offer the Roundups donation mechanism, the platform requires read-only access to your online bank statement, with your permission. To grant such permission, Members must enter into an agreement with our trusted partner, Salt Edge Limited, a company registered in England and Wales (Company Number: 11178811) and authorised by the FCA (Registration Number 822499). Salt Edge Limited is a subsidiary of Salt Edge Inc and its registered office is 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ
Salt Edge Ltd provides a secure service which allows the app to connect to members’ financial institutions through Open Banking APIs. You can read more about Open Banking APIs here. You can read more about the data we receive from Salt Edge here.
Via Salt Edge, Roundups app securely “reads” transaction data from your online bank statement several times per day.
The Roundups app then applies a logic to your transactions which calculates what your donations should be based on your chosen Roundup Figure Configuration. You can find more information and examples of the logic and calculations here.
Payments for Round Up Donations, which are calculated as outlined above, are normally initiated within 24 hours of being calculated. A separate payment is initiated for every round-up donation.
In order to process donations, Members must provide a payment card when setting up their Roundups account. To process members’ payment card information, Roundups use the secure payment processing platform, Worldpay (UK) Limited.
Worldpay (UK) Limited (Company No. 07316500 / FCA No. 530923) is authorised by the Financial Conduct Authority under the Payment Service Regulations 2017 for the provision of payment services. Their registered office is: The Walbrook Building, 25 Walbrook, London EC4N 8AF.
Members’ payment card information is not received, processed, transmitted or stored in any way by Roundups Fundraising Services Ltd. Members’ payment card information is received and processed by Worldpay (UK) Limited. Members’ payment card information will be stored by WorldPay (UK) Limited and made available for recurring payments.
In order to prevent any malpractice, the segregated holding account where funds are stored before being distributed to the Good Causes requires 3 signatories to process any movement of funds. At least one of these signatories cannot be a shareholder of Roundups Fundraising Services Ltd. Information about the banking arrangements of Roundups is available to Members upon written request submitted to firstname.lastname@example.org.
Roundups will maintain appropriate insurance policies to ensure that all your rights as a Member are fully protected. The policy shall be made available by Roundups upon request and shall cover all matters relating to Professional Indemnity, Cyber and Privacy Liability and all other costs associated with running and maintaining Roundups and its applicable datasets.
Roundups warrants to you, for thirty (30) days from the date of the Account Confirmation, Roundups shall be in operable condition as described in the documentation provided as part of Roundups. Roundups do not warrant that the service will function without errors or interruptions. In the event that Roundups fails to conform to this warranty, Roundups’ sole liability and your exclusive remedy shall be, at Roundups’s option, either
- return of the price paid by you, or
- repair or replacement of the Roundups Service.
This limited warranty does not apply to Software identified as “beta,” “pre-release,” “test,” “as-is,” or the like, or to any support or other services performed by Roundups, all of which are supplied on an “as-is” basis without any warranty of any kind. This limited warranty is void if failure of the Roundups Service resulted from your negligence, abuse, accident, or improper or unauthorised use of Roundups. The foregoing limited warranty is in lieu of and Roundups disclaims, to the maximum extent permitted by Applicable law, all other warranties, express or implied (whether by statute, common law, custom, usage or otherwise), including but not limited to warranties of merchantability, fitness for a particular purpose, conditions of quality, and non infringement of third party rights. The foregoing limited warranty shall further not be enlarged or otherwise affected by Roundups’s rendering of any support services or technical or other advice or service in connection with Roundups or your use thereof. Roundups shall not be held responsible for the performance of or output obtained from Roundups nor for any liability to any party arising out of use of Roundups. This warranty gives you specific legal rights, and you may also have other rights which vary from country to country.
LIMITATION OF LIABILITY
In no event shall Roundups be liable to you for loss of prospective profits or special, indirect or consequential damages even if Roundups is advised of the possibility of such damage. In addition, in no event shall the liability of Roundups to you under this agreement exceed an amount equal to that paid by you to Roundups in connection with your use of Roundups within the previous twelve-month period.
You agree that the Roundups will not be shipped, transferred, exported, or re-exported into any country or used in any manner prohibited by any Applicable export laws, restriction or regulations (collectively, the “Export Laws”). If Roundups, or any component thereof, is identified as an export controlled item under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation and that you are not otherwise prohibited under the Export Laws from receiving Roundups. All rights to use Roundups under this Agreement are granted on the condition that such rights are forfeited if your representations and warranties in this section are not true.
This Agreement is governed by the laws of England and Wales. You hereby consent to the jurisdiction of the courts of England.
Roundups are fully developed, owned and run by Roundups Fundraising Services Ltd., a company registered in England, company number 11639162, registered address: 56a Paul Street, London, EC2A 4LN.
Should you have any questions regarding Roundups or the Roundups Service and the App you can email the team at email@example.com
DATA PROTECTION AND STORAGE
Any data collected through the Roundups Service and sent over to Roundups’ backend infrastructure will be stored in GDPR-compliant servers which encrypt data at rest. Roundups also encrypt data in transit using HTTPS (TLS 1.2).
Any data stored on backend servers have carefully controlled access-control systems which monitor and display whoever accesses the servers at any given time.
All data is stored by a third-party provider, the same used for managing the Roundups integrated communications and feedback platform.
Roundups cannot be held liable for any breaches of security on third-parties servers outside of Roundups’s control. Whilst Roundups undertakes to notify all Members of any breaches in third-party security systems immediately, you accept that this may not always be possible and reasonable time shall be given to all parties to establish, investigate and remedy any such breaches.
If you are located in the United Kingdom and you think that your personal data rights have been breached as a result of using Roundups, please refer to the Information Commissioner’s Office for guidance. Please contact Roundups by emailing firstname.lastname@example.org first. If you feel that your issue or request has not been resolved, please contact the Information Commissioner’s Office at www.ico.org.uk or the following address:
Information Commissioner’s Office
You are protected under consumer law and are entitled to a statutory refund under certain circumstances. If you believe your consumer rights have been affected by Roundups or the Use of Roundups please contact Roundups on email@example.com. Please include a description of your issue along with the country of residence so Roundups’ Support team can direct you to the relevant authorities in your country. In case any refund is due, please allow 30 days before it is processed.
PLEASE NOTE: Any donations accrued will not be refunded.
All Members must be at least 18 years old to use the Roundups Service. Roundups reserves the right to check the age of anybody installing and creating an account on Roundups regardless of their location or licence rights.
This Agreement shall enure to the benefit of Roundups and its successors or assigns.
Waiver of breach of any provision of this Agreement shall not be deemed a waiver of that provision or any other provision.
If any provision of this Agreement is held to be unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force.
You acknowledge that you have read this Licence Agreement, understand it and agree to be bound by its terms and conditions.
You further agree that this agreement, together with one or more account confirmations for Roundups, is the complete and exclusive statement of the agreement between you and Roundups which supersedes any proposal, or prior agreement, oral or written, and any other communications between you and Roundups relating to the subject matter hereof.
Roundups reserves the right to amend this Agreement without giving prior notice. Whilst all reasonable endeavour will be made to notify all Members of any changes to this Agreement, it is your responsibility to familiarise yourself with its provisions on a regular basis.
If you have any questions about this Agreement, or if you wish to change the address to which notices may be sent to you for purposes of this Agreement, you may write to Roundups at firstname.lastname@example.org.