TS/JE/HM/20111213/1175
TEXT SANTA DONATION SERVICE TERMS AND CONDITIONS
These terms and conditions apply to your use of the Text Santa donation service (the “donation service”). You may use the donation service to make a donation via one of the methods stated in these terms or via any other method as may be specified by ITV when the donation service is available.
A. The Text Santa Appeal
Donations to Text Santa are for the benefit of the following charities:
· Carers UK (Registered charity number 246329 (England & Wales) and in Scotland SC039307) www.carersuk.org;
· Crisis (Registered charity number 1082947(England & Wales) and in Scotland SC040094) www.crisis.org.uk;
· Samaritans (Registered charity number 219432 (England & Wales)) and in Scotland SC040604www.samaritans.org;
· WRVS (Registered charity number 1015988 (England & Wales) and in Scotland SC038924) www.wrvs.org.uk; and
· The following children’s hospital charities:
o Great Ormond Street Hospital Children’s Charity (Registered charity number 235825 (England & Wales)) www.gosh.org;
o Yorkhill Children’s Foundation (registered in Scotland, charity number SC007856) www.yorkhill.org;
(the “Text Santa charities”).
Donations and any applicable Gift Aid (after the deduction of fees for online donations as set out in Section D1 below) will be divided into six with one sixth being distributed to each of Carers UK, Crisis, Help the Hospices, Samaritans and WRVS and the remaining sixth split equally between the children’s hospital charities.
B. General guidelines
You must be aged 16 years or over to use the donation service unless otherwise stated. If you are under the age of 18, you must have prior parental or legal guardian permission before using the donation service. Please ask permission from the bill payer before using the donation service. Donations below or above any specified minimum and maximum limits will not be accepted.
C. Donation period opening and closing times
The online donation service is available from Thursday 1 December 2011 until 5:00pm on Friday 6 January 2012 or such other times as may be specified by ITV.
The text donation service is available from Friday 25 November 2011 until 5.00 pm on Friday 6 January 2012 or such other times as may be specified by ITV.
The in bank donation service is available from Monday 5th December 2011 until 5:00pm on Friday 6 January 2012, or such other times as may be specified by ITV.
The phone donation service is available from 5:30pm on Tuesday 13 December 2011 until 5:00pm on Friday 6 January 2012, or such other times as may be specified by ITV.
D. Making a donation
There are four ways that you can donate:
1. Via the website
You may make a donation to the Text Santa charities by going online to the websites at www.itv.com/textsanta (the “ITV Website”), www.stv.tv (the “STV Website”) and/or www.u.tv (the “UTV Website”). You may then click on a link to web pages powered by JustGiving and follow the prompts there to make a donation during donation service times. You have the option to donate one of four suggested amounts (£10, £25, £50 or £100) or an amount of your choice.
Please note that, in line with its usual practice, JustGiving will charge a small administrative fee for providing the online donation service, and payment processing fees will also apply for use of credit and/or debit cards or Paypal. The JustGiving fee is 5% of all online donations. Any fees for the online donations will be deducted from Gift Aid and will never reduce the amount you have donated.
There is no limit on the number of times you may make a donation via the website until the closing date and time, except that the minimum donation is £2.00 and the maximum donation via the website is £100,000.
Donations made using Paypal are subject to any applicable Paypal terms and conditions.
2. By SMS text message
You may make donations in the amounts of £1, £2, £3, £4, £5 or £10 by sending a text with the keywords ‘SANTA1’, ‘SANTA2’, ‘SANTA3’, ‘SANTA4’, ‘SANTA5’ or ‘SANTA10’ respectively to 70070 when the text donation service is available.
Each SMS text message costs the amount of the donation specified in your message (e.g. a text message sent with the keyword ‘SANTA2’ costs £2).
Further text donations will not be accepted if you have already donated £30 in one day.
There are no administrative fees for text donations. 100% of all text donations and any applicable Gift Aid will go to the charities.
Unless otherwise stated, there will be no refunds for the cost of any SMS text made or for any misdialled short codes or misspelt keyword.
If you do not have sufficient credit in your mobile account or are otherwise unable to access the shortcode because of any settings on your mobile account your donation may be unsuccessful.
3. At branches of the Santander bank
You may make a donation using cash or cheque, by going to any branch of Santander and following the instructions. Cheques should be made payable to ‘Text Santa’.
There are no administrative fees for in-bank donations. 100% of all in-bank donations and any applicable Gift Aid will go to the charities.
4. By phone
You may make a donation by phoning 0800 313 4477 and following the instructions during the period in which the phone donation service is available. Calls are free from BT landlines. Calls from other networks may be charged and from mobiles will be considerably more. There is no limit on the number of times you may make a donation by phone until the closing date and time for the phone donation service. The minimum donation is £1.00 and the maximum donation is £10,000.
No administration charges will be deducted from donations made by phone. 100% of all phone donations and any applicable Gift Aid will go to the charities.
E. Gift Aid
If you are an eligible UK taxpayer, the Text Santa appeal, on behalf of the benefitting charities, may claim Gift Aid from HM Revenue & Customs and hence increase the amount you donate to the charities by 25%, at no extra cost to you. During or after your donation, you will be provided with additional information on how to sign up to Gift Aid. You will be required to provide information including, but not limited to, your name, home address and postcode for the purposes of claiming Gift Aid.
The payment of Gift Aid to charities is subject to HM Revenue & Customs’ acceptance of the Gift Aid declaration.
JustGiving is administering the reclamation of Gift Aid and the distribution of Donations to the Text Santa charities
F. General
Any personal data collected through the donation service will only be used to administer donations made (including without limitation for the purposes of gift aid) and not for any other purpose unless you have agreed to receive marketing information from ITV and/or any named third parties. Where you have agreed to receive marketing information from third parties, your data will be passed to those parties and used in accordance with their privacy policies.
Any donation made is non-refundable and non-transferable, except that donations of £100 or more may be refunded if requested in writing within 7 days of payment from ITV. Otherwise, the transaction is final and not disputable. If you become aware of fraudulent use of your credit/debit card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
ITV and their sub-contractors (who include, without limitation, JustGiving, BT and Santander) may suspend, withdraw or re-set the donation service in its sole discretion at any time and does not accept any responsibility whatsoever for any technical failure or malfunction or any other problem with any telephone network or line, system, server, software provider or otherwise which may result in any donation not being properly registered or recorded.
ITV cannot promise that the donation services and systems will be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition. The donation services and systems may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the reasonable control of ITV. ITV will not be liable to you or to any other person in the event that all or any part of the services or system is discontinued, modified or changed in any way.
Trademarks, service marks or logos that appear in relation to the website, donation service and/or its associated services, in particular (but not exclusively) those of ITV, the Text Santa charities and/or ITV's subcontractors, 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 the trade mark owner. All content on the website and its associated services is owned by ITV, the Text Santa charities, ITV's subcontractors or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may use the Website and other services exclusively for your 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 and its associated services' content is permitted without the express prior permission of ITV, and, where applicable, the copyright holder.
ITV and its subcontractors shall not (and nothing in these terms and conditions shall) act to exclude or limit their own 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, the donation services and its associated services is on an "as is" and "as available" basis and that your use of the website, the donation services and its associated services is at your sole risk. ITV and its subcontractors shall not guarantee continuous uninterrupted or secure access to the donation services and operation of the website may be interfered with by numerous factors outside of their control. On that basis, except as expressly set out in these terms and conditions, ITV and its subcontractors shall not provide conditions, warranties or other terms in relation to the website, the donation services and its associated services to the extent permissible by law.
Subject to exceptions listed above, in no event shall ITV or its subcontractors be liable (whether for breach of contract, negligence or for any other reason) for any loss or damage which you may claim to have suffered by reason of your accessing and use of the website, the donation services and its associated services, including (but not limited to) loss of profits, exemplary or special damages, 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, or for any indirect, consequential or special loss, however arising.
ITV may update and amend these terms from time to time and any changes will be posted on the ITV Website. We will not file or store a copy of these terms for each interaction on transaction by you via the ITV Website. We therefore recommend that you print and store or save a copy of these terms for future reference.