BRITAIN GET TALKING HELP OUR HELPLINES 2020 DONATION TERMS

Ref: BGTHOH/MH/LD/20201002/645R

BRITAIN GET TALKING HELP OUR HELPLINES 2020 CHARITIES APPEAL: ITV TERMSAND CONDITIONS

These terms and conditions apply to your use of the donation service for the Britain Get Talking Help our Helplines Appeal (the “donation service”). You may use the donation service to make a donation via SMS text message as stated in these terms.

A.         Donations to the Britain Get Talking Appeal

Donations to the Britain Get Talking Help our Helplines Appeal (“Appeal”) are for the benefit of the following charities:

●      The National Association for Mental Health (“Mind”). Mind is a charity (registered in England and Wales under charity number 219830) and a company limited by guarantee (company number 424348), whose registered office is at Granta House,15-19 Broadway, Stratford, London, E15 3BQ. More details about the charity and its activities are available at https://www.mind.org.uk/.

●      Young Minds Trust (“YoungMinds”). YoungMinds is a charity(registered in England and Wales under charity number 1016968 and registered inScotland under charity number SC039700) and a company limited by guarantee(company number 02780643), whose registered office is at India House, 45 CurlewStreet, London, England, SE1 2ND. More details about the charity and itsactivities are available at https://youngminds.org.uk/.

●      Campaign Against Living Miserably (“CALM”). CALM is a charity (registered in England and Wales under charity number 1110621 and registered in Scotland under charity number SCO44347) and a company limited by guarantee (company number 05378928), whose registered office is PO Box 68766, London, SE1P 4JZ. More details about the charity and its activities are available at https://www.thecalmzone.net/.

●      Scottish Association for MentalHealth (“SAMH”). SAMH is a charity (registered in Scotland under charity number SC-008897 and a company limited by guarantee (company number 82340), whose registered office is Brunswick House, 51 Wilson Street, Glasgow, G1 1UZ. More details about the charity and its activities are available at https://www.samh.org.uk/.

 (together the “Charities”).

All sums raised by the Appeal during the donation period specified below will be distributed between the Charities as follows:

●      Mind, YoungMinds and CALM  will each receive 30% of the donations; and

●      SAMH will receive 10% of the donations.

There are no administrative fees for donations made by text. 100% of all donations and any applicable Gift Aid will go to the Britain Get Talking Help our Helplines Appeal.

B.         Who can donate

You must be aged 16 years or over and resident in the UK, Channel Island or Isle of Man to use the donation service and aged 18 years or over and resident in the UK, Channel Island or Isle of Man if you wish to claim Gift Aid on your donation (details of Gift Aid are set outin Section E below). ITV gives no warranty that the donation service will be available, legal or appropriate for use in locations outside the UK, Channel Islands and Isle of Man.

C.        Donation period opening and closing times

●     The donation period for donations made by SMS text message opens at 7.00am on Monday 5 October 2020.

●     The donation period for donations made by SMS text message closes at 11.00am on Thursday 31 December 2020.

Please note that donations made or received outside of these specified times may not be included in the Appeal but you may still be charged as set out below. 

D.         How to donate

You can donate to the Britain GetTalking Help our Helplines Appeal by SMS text message as follows:

You may make a donation in the amount of £5 by sending a text with the keyword ‘FIVE’ to 70875, or £10 by sending a text with the keyword ‘TEN’ or £20 by sending a text with the keyword ‘TWENTY’ to 70870 (each a “Keyword”) during the donation period.

Each SMS text message costs either £5 plus one standard network rate message, £10 plus one standard network rate message or £20 plus one standard network rate message depending on which amount you choose to donate.

There is no limit on the number oftimes you may make a donation via SMS text but there is a daily limit of £40 ontext donations for each Keyword. Further text donations will not be accepted ifyou have already donated £120 in total in one (1) day or £240 in total in one(1) month.

For any SMS text made, your network operator may apply additional data charges. No refunds are available for the cost of any SMS text made, received or for any misdialled short codes or misspelt keyword.

If you do not have sufficient credit in your mobile account or if you have sufficient credit for a standard network rate message but not for your donation or if you are otherwise unable to access the shortcode because of any settings on your mobile account your donation may be unsuccessful.

E.              Data and Gift Aid

We will collect and process your personal data in order to process your donation. This may include your mobile number.

Once you make your donation, you may be asked if you are eligible and would like to add Gift Aid to your donation. The Gift Aid site is run by Mind, not ITV and Mind will be the Data Controller of that data. Any data provided for the purposes of claiming Gift Aid on a donation will be processed in accordance with Mind’s Privacy Notice which can be viewed here: https://www.mind.org.uk/legal-info/privacy-policy/.  

F.         General

Any donation made is non-refundableand non-transferable. The transaction is final and not disputable. If you become aware of fraudulent use of your credit/debit card, or if it is lost orstolen, you must notify your card provider in accordance with its reporting rules.ITV and their sub-contractors may suspend, withdraw or re-set the donation service (or any part of the donation service) in its sole discretion at any time and does not accept anyresponsibility 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 thecase 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 Charitiesand/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 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 donation 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 donation services' content is permitted without the expressprior 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 donation services is on an "as is" and "as available" basis and that your use of the donation services is at your sole risk.  ITV and its subcontractors cannot guarantee continuous uninterrupted or secure access to the donation services and operation of the donation services may be interfered with by numerous factors outside oftheir 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 donation 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.

These terms and conditions are available in English only and shall be exclusively governed by and construed in accordance with the laws of England unless the person using the donation service is a Scottish or Northern Irish resident in which case he/she may choose the law of their residence and they irrevocably submit to the exclusive jurisdiction of the courts of England and Wales again unless the person using the donation service is a Scottish or Northern Irish resident in which case they may choose the courts of their residence in Scotland or Northern Ireland.

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 or 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.

G.        Contact us

If you have a query or complaint relating to the Charities you may contact the Charities’ Supporter Care team or helpline on the numbers indicated on the Charities’ websites:  (i) for Mind: https://www.mind.org.uk/; (ii) for YoungMinds: https://youngminds.org.uk/; (iii) for CALM:  https://www.thecalmzone.net/ and (iv) for SAMH: https://www.samh.org.uk/. If you have a comment, query, or complaint, please visit our help pages at https://www.itv.com/win/help.html?v=7.1.0 where you'll find answers to our most commonly asked questions and how to contact our Customer & Viewer Services team for additional support.  

“ITV” is ITV Consumer Limited, 2 Waterhouse Square, 140 Holborn, London, EC1N 2AE