About Our Directory
We believe that a wide array of charity choices is central to increasing overall charitable giving. As such, we provide donors with a large directory of charities to which PayPal Giving Fund may grant funds. All donations are made to PayPal Giving Fund Ireland, a charity registered with the Charities Regulator (No.20205692). Inclusion within the PayPal Giving Fund directory requires:
The PayPal Giving Fund directory consists of Participating Charities (hereinafter "enrolled charities") that have agreed to the PayPal Giving Fund Ireland charity user agreement. On certain partner programmes, the directory may also include unenrolled charities that have not agreed to those terms. We receive information about the unenrolled charities from publicly available sources, such as the Charities Regulator
Removal of a Charity from our Directory
As a registered charity itself, PayPal Giving Fund retains ultimate discretion over all donations it receives and reserves the right to conduct additional vetting of charities in our directory on an ongoing basis. For example, PayPal Giving Fund may investigate suspicious activity, and may remove any charity from its directory based on the outcome of such investigation. PayPal Giving Fund may remove any charity from its directory if it determines that the charity promotes violence, hate, or racial intolerance, or is engaged in money laundering or other illegal activities.
As PayPal Giving Fund's payments processor, PayPal may request that PayPal Giving Fund remove any charity from its directory for breach of PayPal's Acceptable Use Policy or other relevant po licy or regulatory obligation. In addition, from time to time, PayPal Giving Fund may enter into agreements with merchant partners to enable customer giving programmes through their own websites. Such partners may choose to remove charities from their websites and programmes at any time. Finally, a charity may request to be removed from PayPal Giving Fund's directory and merchant partner websites and programmes at any time by contacting PayPal Giving Fund.
Delivery of Donations to Charities within our Directory
We take multiple steps to grant funds to charities recommended by our donors. However, the listing of a charity in our directory is not a guarantee that it will ultimately receive funds from PayPal Giving Fund's fundraising programmes. In the rare event that we are ultimately unable to grant funds to a charity recommended by a donor, we will reassign those funds to another charity in accordance with our Donation Delivery Policy. The tax-deductible status of the original donation does not change because PayPal Giving Fund is the charitable organisation of record for the original donation.
How Funds are Used by Charities
PayPal Giving Fund makes unrestricted grants and does not verify exactly how a charity uses funds it receives from PayPal Giving Fund and assumes no responsibility with respect to the specific use of funds. Donors may obtain information about the charities' programmes and use of funds by consulting their profiles as presented in the customer giving programmes we enable and/or the charity's website
Donations Made to PayPal Giving Fund
All donations made through PayPal Giving Fund programmes are made to PayPal Giving Fund Ireland, a registered charity. Donors will receive a date-stamped receipt of donation from PayPal Giving Fund marking the date the donation was made to PayPal Giving Fund. All grants made by PayPal Giving Fund are effected in a manner that is consistent with our policies and applicable laws and regulations.
The PayPal Giving Fund enrolment status of a charity will determine the method and speed at which we grant funds to that charity. While we always endeavour to follow donors’ recommendations, donations are made as an outright gift, free of any right or interest retained by the donor, and PayPal Giving Fund owes no duty of care to the donor in respect of the donation under this agreement or in law. As described below, PayPal Giving Fund pursues multiple specified steps to grant donations it receives to its donors' recommended charities. Pending distribution of grants, PayPal Giving Fund holds all donations in a dedicated, non-interest-bearing bank account or PayPal account.
Enrolled Charities
PayPal Giving Fund grants donated funds to charities enrolled with PayPal Giving Fund ("Participating Charities" pursuant to the PayPal Giving Fund Ireland Charity User Agreement) on a monthly basis at the end of each month, typically 15 to 45 days after PayPal Giving Fund's receipt of funds. This schedule enables us to streamline processing by providing a single lump sum payment to the charity each month, making it simpler for the charity to identify our payments and account for the funds we have raised. We distribute grants to enrolled charities via PayPal as we have determined this to be a fast, efficient, secure, and cost-effective way to do so. Donors can be confident their donations will reach their chosen charities securely, and the charities receive the payments into their PayPal accounts quickly and free of charge. Enrolled charities can also review the donations granted to them by PayPal Giving Fund, including donor details (except when donors choose not to share them), on their PayPal Giving Fund dashboard.
Unenrolled Charities
Through certain partner programmes, donors may have the option to recommend that we make grants to charities that have not yet enrolled with PayPal Giving Fund. PayPal Giving Fund attempts to make grants to charities that have not enrolled with PayPal Giving Fund after making reasonable attempts to contact them and invite their enrolment in PayPal Giving Fund. We receive information about these charities from publicly available sources, such as the Charities Regulator. We will grant funds to an unenrolled charity provided that (1) we have been able to confirm that the charity still complies with the requirements of our Charity Certification Policy, and (2) we have verified the charity's identity and conducted an appropriate level of due diligence into the charity, its officers and directors to be confident that it does not promote hate, violence, racial intolerance, and does not engage in money laundering or other illegal activities.
We will first notify an unenrolled charity about PayPal Giving Fund's intent to grant it funds shortly after donors have first indicated a desire to support it, and we will invite the charity to enrol with PayPal Giving Fund, enabling
it to receive funds quickly and securely, to receive details of relevant donors, to make additional information about the charity available through our directory, and to participate in additional PayPal Giving Fund programmes. We will make multiple subsequent attempts to contact unenrolled charities, via email, letter and, in some cases, by phone. If a charity does not enrol with PayPal Giving Fund, we endeavour to deliver the grant funds by other appropriate means, including a payment via the charity's website or by sending a cheque, typically within 90 days of the original donation. If a charity does not enrol and we are unable to pay the charity by other means (e.g., a cheque is returned or is not cashed within the time period specified on the cheque), we may, at our discretion, remove the charity from our directory of eligible charities and reassign funds in the manner described below.
Reassignment of Certain Donations
While we take multiple steps to attempt to grant donated funds according to the donor's identified preference, PayPal Giving Fund retains exclusive control over all donations. If a charity fails to meet the terms of our Charity
Certification Policy and/or fails to meet PayPal Giving Fund's due diligence standards as described above for receipt of a donation at any time, we reserve the right to reassign funds to another charitable organisation of our choice. We may also reassign donations in the event we are unable to distribute the funds successfully (e.g., the charity fails to cash the cheque(s) we send).
The tax relief and tax status of a donation does not change if funds are reassigned because PayPal Giving Fund is the charitable organisation of record for the donor's original donation. In the event that the original donor has completed a tax relief declaration, PayPal Giving Fund will claim the tax relief and deliver the full amount to the charity that receives the reassigned donations.
In the rare cases when PayPal Giving Fund reassigns funds, we will (whenever possible) ask the donor to recommend an enrolled charity from the PayPal Giving Fund Directory to benefit from the donation. If PayPal Giving Fund is unable to reach the donor, or the donor chooses not to respond, we will instead select charities that operate in a similar cause area (and sometimes a similar location) to the charity originally recommended by the donor. Where the cause area is unlikely to reflect the donor's original intent, we will instead grant the funds to a charity with a broad humanitarian mission. In selecting charities to benefit from such grants, we favour charities that have enrolled with PayPal Giving Fund, to enable efficient, more secure and cost-effective delivery to charities that have accepted the PayPal Giving Fund Ireland Charity User Agreement. For example, if we are unable to fund an unenrolled local organisation providing housing services, we may reassign the funds to a national organisation enrolled with PayPal Giving Fund, or to a nearby local organisation, with a preference for organisations that also provide housing services.
Expediting payments
In response to disasters In response to natural disasters, humanitarian crises or other events requiring urgent action, PayPal Giving Fund may seek to accelerate the payment of grants to charities undertaking relief and recovery work. We aim in those circumstances to help enable access to funds as soon as they are needed.
However, we aim only to grant funds to charities that meet the requirements of our Charity Certification Policy, and certain checks we carry out to protect donated funds are mandated by regulations and take time to complete.
Effective Date: 6th July 2020
1. Overview
2. What Personal Data Do We Collect?
3. How Do We Process Personal Data
4. How Do We Share Personal Data
5. Your Privacy Rights
6. Can Children Use Our Services
7. Information Security
8. Contact Us
9. Definitions
1. Overview
PayPal Giving Fund Ireland ("PayPal Giving Fund", "we","our" or "us") is a registered charity that raises funds for charitable purposes. We operate a website, www.paypalgivingfund.org (the "Site"), which assists Users ("you" or "your") of PayPal.com and certain other websites or services with which we partner to donate to PayPal Giving Fund. In making a donation, donors may also recommend that we make a corresponding grant in support of a Participating Charity.
We adopted and implemented this Privacy Statement as part of our commitment to protecting your Personal Data. You acknowledge our privacy practices when you access or use the content, features, technologies or donation functions offered on our Site and all related sites, applications, and services (all "Services").
We may amend this Privacy Statement at any time by posting a revised version on the Site. The revised version will be effective at the time we post it and in no event later than 7 days from the date of posting. If you disagree with the terms of the Privacy Statement, please do not use our Services.
We have defined some terms that we use throughout the Policy. You can find the meaning of a capitalised term in the Definitions section at the end of this document.
2. What Personal Data Do We Collect?
In order to enable your access to and use of our Services, in particular to assist in making donations to PayPal Giving Fund, we collect certain Personal Data. This information is collected directly from you and other sources when you access the Site and make donations to PayPal Giving Fund.
Personal Data you provide to us: We may collect and store any personal data you provide to us when you access or use the Services, including when collecting donations and making grants to Participating Charities, or as otherwise required to access or use the Services. This may include, but is not limited to your name, address, email, phone number and your history of donations.
We also collect and maintain records of other personal data that you voluntarily provide to us. For example, you may decide to participate in a survey of Users or Participating Charities and be asked to provide personal data, such as your age, gender or other demographic data. Provision of such data will be completely voluntary and unless such personal data is necessary for operating the Services or otherwise required (for example by the terms and conditions), we will not require you to provide such personal data to us. By providing such data voluntarily, you are providing us with permission to use such data as described in this Privacy Statement.
Personal Data from other sources: PayPal Giving Fund may also receive information about you from other sources, for example your eBay Seller ID if you make donations using your eBay account. We also collect your PayPal transaction details to be able to assist in making grants to Participating Charities and to maintain records of all individual transactions conducted through the Services. Those records are associated with each Participating
Charity's individual profile within the PayPal Giving Fund system.
3. How Do We Process Personal Data?
4. How Do We Share Personal Data?
We will not use or disclose the Personal Data we have collected from you in ways different from those described in this Privacy Statement unless otherwise required by law. As a necessary part of providing the Services and processing donations, we may disclose Personal Data collected from you as described in this Privacy Statement in certain limited instances:
The disclosures contemplated by this section are necessary if you wish to use the Services.
5. Can Children Use Our Services?
The Sites and Services are not directed to children under the age of 16. We do not knowingly collect information, including Personal Data, from children or other individuals who are not legally able to use our Sites and Services. If we obtain actual knowledge that we have collected Personal Data from a child under the 16, we will promptly delete it, unless we are legally obligated to retain such data. Contact us if you believe that we have mistakenly or unintentionally collected information from a child under the age of 16.
6. Your Privacy Rights
You may decline to provide Personal Data when it is requested by the PayPal Giving Fund, but certain Services or all of the Services may be unavailable to you.
Subject to limitations set out in the data protection laws, you have certain rights in respect of your Personal Data. In particular, you have a right of access, rectification, restriction, opposition, erasure and data portability.
Please contact us if you wish to exercise these rights. If you wish to complete an access request to all
personal data that PayPal Giving Fund holds on you, please note that you may be required to prove your identity.
8. How Do We Protect Your Personal Data?
PayPal Giving Fund is committed to adequately protecting your information regardless of where the data resides and to providing appropriate protection for your information where such data is transferred outside of the EEA.
We maintain technical, physical, and administrative security measures designed to provide reasonable protection for
your Personal Data against loss, misuse, unauthorised access, disclosure, and alteration. The security measures include firewalls, data encryption, physical access controls to our data centres, and information access authorisation
controls. While we are dedicated to securing our systems and Services, you are responsible for securing and maintaining the privacy of your password(s) and Account/profile registration information and verifying that the
Personal Data we maintain about you is accurate and current.
8. Contact Us
You may contact us if you have general questions or concerns about this Privacy Statement or the way in which we handle your Personal Data. Please click here to contact us about your privacy concerns.
You may also write to us at:dpo@paypal.com or PayPal Giving Fund Ireland, Unit 6, Blanchardstown Corporate Park,
Dublin 15.
If you are not satisfied by the way in which we address your concerns, you have the right to lodge a complaint with
the Supervisory Authority for data protection in your country.
9. Definitions
Refunds of Donations Made to PayPal Giving Fund
All donations through PayPal Giving Fund programmes are gifts made voluntarily to PayPal Giving Fund, a registered
charity in Ireland, for the benefit of a charity chosen by the donor.
Refunds are granted only in exceptional circumstances, and only when the funds have not yet been granted to a charity. Some circumstances in which refunds might be granted include:
In these circumstances, for donations not yet granted to another charity by PayPal Giving Fund, donors may contact our Customer Service Team to request a refund.
Donors that wish to request the return of funds that PayPal Giving Fund has already granted to a charity will need to contact the benefiting charity directly.
1). These Terms of Service (“Terms”) constitute a binding agreement between you and PayPal Giving Fund Ireland (No. xxx) (“PayPal Giving Fund”, “we,” “our,” or “us”) and govern your use of our websites, subdomains and any other websites or mobile applications referencing, embedding or linking to these Terms, including the website located at https://www.paypal.com/ie/fundraiser/hub.
2). By using PayPal Giving Fund, you agree that you have read and understand, and agree to be bound by, these Terms.
3). By donating to PayPal Giving Fund, you understand and agree that your donation is made to PayPal Giving Fund Ireland, a registered charity. PayPal Giving Fund receives contributions and disburses those contributions to charities in the form of grants. PayPal Giving Fund will only grant donations to organisations that are
an Eligible Charity. “Eligible Charities” includes the funds, authorities or institutions that have charitable status in Ireland and meet the requirements of our Charity Certification Policy.
4). When you donate to PayPal Giving Fund you will recommend that PayPal Giving Fund make a corresponding grant to an Eligible Charity in the amount of your donation.
5). PayPal Giving Fund will make every effort to grant the funds you donate to your recommended Eligible Charity. You acknowledge that delivery is subject to PayPal Giving Fund’s Donation Delivery Policy. You understand that PayPal Giving Fund, as required by law, retains exclusive legal control over all donations and may redirect funds to a similar Eligible Charity if it is unable to follow your recommendation.
6). As required by law, in order for your donation to PayPal Giving Fund to be considered tax-deductible, it must, among other requirements, be a genuine gift to PayPal Giving Fund. Refunds may only be granted in exceptional circumstances in accordance with our Refund Policy, and only when the funds have not already been re-granted by PayPal Giving Fund to an Eligible
Charity.
7). PayPal Giving Fund will provide you with a donation receipt, and you must disregard any additional tax receipt you receive from a benefiting charity as a result of PayPal Giving Fund’s grant.
8). We will not be liable for any unpaid tax, interest, fines, penalties or any other claims against you in relation to the tax deductibility of your donation. You also agree to indemnify us against any claim made against us in relation to the tax deductibility of your donation.
9). Your personal information, including your name, email address, and physical address will be treated in accordance with our Privacy Statement and, unless you have elected to donate anonymously, will be shared with Eligible Charities that have an active PayPal account and benefit from your donations to PayPal Giving Fund.
10). PayPal Giving Fund does not charge any fees for contributions made to it. However, certain partners may deduct from your contribution processing or platform fees pursuant to those partners’ policies. You acknowledge that partners may deduct such fees, which they will disclose to you at the time that you complete a donation
to PayPal Giving Fund using their site(s) or services.
11). You agree to indemnify, defend and hold harmless PayPal Giving Fund and its affiliates and each of its and their officers, directors, employees, agents and assigns (“PayPal Giving Fund Indemnitees”) from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including reasonable legal fees) arising from or relating to:
PayPal Giving Fund reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with PayPal Giving Fund’s defence of such claim.
12). Furthermore, you irrevocably waive and release the PayPal Giving Fund Indemnitees from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you may have with any other user of PayPal Giving Fund.
13). Any controversy or claim at law or equity may be adjudicated by a court of competent jurisdiction located in Dublin, Ireland. You agree to submit to the jurisdiction of the courts located within Dublin, Ireland.
14). We may consider use of other alternative forms of dispute resolution, such as binding arbitration or non-binding mediation to be held in Dublin, Ireland, or another location mutually agreed upon by the parties.
Obligations of Participating Charities
Eligibility to Benefit from Donations
Licences and Access to PayPal Giving Fund Online Tools
Term and Termination of this Agreement
This is an agreement (“Agreement” or “Terms and Conditions”) between an Ireland-based charity that completes the registration process described in section 2 below ("you") and PayPal Giving Fund Ireland ("PayPal Giving Fund", "we," "us").
Introduction
A. We collect donations from PayPal Users, and Other Users, acting as Donors.
B. We regrant each Donation that is made to us to a Charitable Beneficiary. We endeavour to recover tax relief on eligible donations and insofar as we do, each Grant to a Charitable Beneficiary will be enhanced by the amount of the tax relief recovered.
C. By clicking on the button marked "I Accept" at the end of these Terms and Conditions and/or by using or accessing our Website, you agree to be legally bound by these Terms and Conditions as they may be modified and posted on our Website from time to time.
1. Registration
1. In order to register as a Participating Charity you must perform the following to our satisfaction:
2. You may update or correct information contained in your Charity Profile by contacting us or by using Online Tools that may be provided. You agree to update your Charity Profile promptly whenever necessary to maintain its accuracy and completeness.
3. You will cease to be a Participating Charity if this Agreement terminates (section 9 below).
2. Obligations of Participating Charities
1. You hereby grant PayPal Giving Fund a non-exclusive licence to use and sub-licence your Logo during the term of this Agreement in connection with identifying your organisation to PayPal Users and Other Users as a Participating Charity on the relevant websites and associated marketing materials, including those of PayPal’s affiliates and Registered Merchants. We recognise that you retain ownership of your trademarks and any associated goodwill.
2. You also grant PayPal Giving Fund the right to create, use and sub-licence a Featured Logo and Featured Phrase to represent your charity. You have the right to submit an alternative Featured Logo and/or Featured Phrase to us, and we reserve the right to determine whether any Featured Logo and/or Featured Phrases you submit will be acceptable and effective for the purpose of representing your charity.
3. You will maintain a PayPal Confirmed Charity account in good standing with PayPal and linked to PayPal Giving Fund. If your PayPal account loses this status, PayPal Giving Fund may terminate this Agreement immediately and you will cease to be a Participating Charity.
4. You are responsible for complying with all laws, rules and regulations applicable to your activities under this Agreement and will bear all associated costs.
3. Eligibility to Benefit from Donations
1. For so long as you are a Participating Charity, we will post information about you on the Website and will permit PayPal Users and Other Users to access and view that information through our partnerships with Registered Merchants.
2. Donations are given to PayPal Giving Fund and we re-grant them to Charitable Beneficiaries. PayPal Giving Fund also obtains tax relief (in its own right as a registered charity, rather than on your behalf) and pays it to the Charitable Beneficiary that benefited from the relevant Donation. Payments are made to enrolled charities according to our payment schedule, explained on our Help and Contact page.
3. Any Grant will be made in electronic money transferred to the PayPal account linked to your charity profile within PayPal Giving Fund. You agree to set up your PayPal account and the necessary steps to enable us to pay you via your PayPal account.
4. PayPal Giving Fund will not make Grants to you if you are not a Participating Charity when such a Donation becomes payable. If by mistake you receive a Grant after you have ceased to be a registered charity or Participating Charity, you will promptly refund the full amount of the Grant to us. Until you refund it, that Grant will be an amount that you owe us. We may debit your PayPal account for that amount, or we or PayPal may set off amounts that we would otherwise subsequently pay to you against the amount owed us for the Grant that you were ineligible for.
5. As a Participating Charity, you have the option to receive Donations from Donors through cash donation features and tools provided by PayPal Giving Fund to PayPal Users and Other Users, such as Registered Merchants. For details of the different donation options, and/or to exclude your organisation from some or all of these features, you can contact us or update the relevant preference in your Charity Profile. Please also note:
6. You acknowledge that we make no promise that you will receive any minimum amount of funds or any funds at all. In particular, we reserve the right not to grant funds to a named Charitable Beneficiary if for example, it has ceased to be a Participating Charity, or we are unable to deliver it.
4. Licences and Access to PayPal Giving Fund Online Tools
1. For so long as you are a Participating Charity you may access the Website and any Online Tools that may be provided.
2. So long as you are a registered Participating Charity, you may use the Online Tools. You understand that you are not permitted to use them for any other purpose other than that permitted under this Agreement.
3. The contents of our Website including the Online Tools are protected by international copyright laws and other intellectual property rights. The owner of these rights is PayPal Giving Fund, its affiliates or other third-party licensors. All product names and logos mentioned in our Website are the trade-marks, service marks of their respective owners, including us.
4. You understand that PayPal Giving Fund does not act on behalf of PayPal or any Registered Merchant. This Agreement does not give you access to or use of eBay, PayPal or any Registered Merchant; separate agreements will govern your use of their services.
5. Benefiting from Donations
1. We do not charge you a fee for using the Website or the Online Tools. In addition, we do not make any deduction for our expenses and services from the funds we re-grant to you. We will also ensure that you do not incur a fee for receiving funds from us into your PayPal account. In some of our programs, Registered Merchants may charge a fee (or enable a tip) on donations made through their platforms, which they will disclose on their websites.
2. We will use all reasonable endeavours, where applicable, to recover the tax from Revenue in respect of each Donation claimed under tax relief. You acknowledge that there is no guarantee that we will collect and pass on tax relief on any Donation.
3. With the Donor's consent and when you receive a Grant, PayPal Giving Fund will disclose to you the Donor's name and contact details, In view of the limits of the Donor's consent to us, we disclose this information to you only for the purpose of enabling you to acknowledge the Donation, to resolve any issues with the Donation, and to let you provide a reasonable amount of information about the charity's work. You are the data controller (and not a joint data controller with PayPal Giving Fund Ireland) of the Donor's Personal Data that we pass to you for this limited purpose, and you are responsible to the Donor under the Data Protection Laws. Unless you first receive the Donor's consent as required by the applicable data protection laws, you must refrain from using the Donor's Personal Data for marketing purposes.
6. Use of Funds
1. The funds we grant to you may not be used to advance any purposes which are not charitable under the laws of Ireland. For further information about those purposes, please see the Charities Regulator’s guidance.
2. You agree to respond promptly to any reasonable request from us for information about your use of funds which we have granted you. In general, we will only make such a request where you have received substantial funds from us, or we have reasonable cause for concern that funds may not have been applied for the purposes set out in clause 3. If your charity is not registered with the Charities Regulator , and has purposes that diverge from those recognised as charitable in the Charities Regulator's guidance, you should follow recommended accounting practice and treat the funds you receive from us as limited for accounting purposes, recognising the funds in any published accounts.
4. Charity and company law requires you to maintain records of receipts and expenditures of the funds for a period of at least seven years after the transaction was made.
5. You agree, upon reasonable notice and at reasonable times, to make all relevant records of funds you receive from us available for inspection, copy and audit by us or our agents, for the purpose of verifying your compliance with this Agreement.
6. You shall permit us or our agent reasonable access to your employees, agents, premises, facilities and records for the purpose of discussing, monitoring and evaluating your fulfilment of your obligations under this Agreement. You also agree to respond to reasonable questions that we may pose to you and provide appropriate oral or written explanations to us about your performance of your obligations.
7. We may require you to repay the funds to us within 14 days after notice from us if any of the following circumstances arise:
1. You cease to operate, are declared bankrupt, become insolvent or enter into administration, receivership or liquidation;
2. This Agreement is terminated in accordance with clause 9 below;
3. You have acted fraudulently, negligently or dishonestly, where such fraud, negligence or dishonesty has in our opinion had a material adverse effect on your use of funds you have received from us;
4. We determine that the funds you have received from us have not been applied for purposes that are charitable under the laws of Ireland, or you have committed some other material breach of the grant conditions;
5. We have made an overpayment to you, and have notified you of the overpayment but you have failed to reimburse us for it.
7. Warranties
1. You represent and warrant to us that:
2. You agree to indemnify and hold harmless PayPal Giving Fund, PayPal Group Affiliates and their officers, directors, employees, agents and vendors from and against all claims, costs, losses, damages, penalties, fees (including reasonable legal fees and other professional fees) expenses and liabilities arising from your breach of any obligation, covenant, representation or warranty under this Agreement.
8. Liability
1. We reserve the right to make changes or corrections, to alter, suspend or discontinue any aspect of our Website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these Terms and Conditions.
2. We promise that the Online Tools and the service we provide to you under this Agreement will be of satisfactory quality. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Online Tools or the Website or any information or service provided through it.
3. We accept no liability for any losses or damage that are not directly associated with the incident that caused you to claim, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable.
4. You accept that any liability we may have to you in respect of any damage that you may suffer in connection with this Agreement (including but not limited to using the Online Tools and/or the Website) shall not exceed 50 Euros. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or fraudulent misrepresentation, or to our obligation to pay a particular Donation payable to you as a Charitable Beneficiary.
5. We make no representations whatsoever about any other websites which you may access through the Website or which may link to it. When you access any other website, you understand that it is independent from us and that we have no control over its content or availability. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website.
6. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements.
7. Neither party will be held liable for any failure to perform any obligation to the other due to causes beyond that party's reasonable control.
9. Term and Termination of this Agreement
1. This Agreement becomes effective when you have accepted our Terms and Conditions. Once in effect this Agreement will continue until terminated by either of us.
2. We may terminate this Agreement at any time by giving you at least seven days' written notice.
3. You may terminate this Agreement at any time and for any reason on seven days' notice by giving us written notice of such intention or by terminating your membership using the tools provided for that within the Charity Area of the Website.
4. We may temporarily suspend your access to the Website, the Online Tools and the Charity Area if you breach this Agreement.
5. The obligations of clauses 1.1, 1.3, 3.1, 4.3, 4.4, 4.5, 4.6, 5.3, 6, 7, 8, this clause 9.5 and 11 will survive termination.
10. Security of Information
The Website has security measures in place to protect against the loss, misuse and unauthorised alteration of information in PayPal Giving Fund's possession and control. These measures are detailed in our clause 8 of our Privacy Statement.
11. Miscellaneous
This Agreement constitutes the entire agreement between us and supersedes all previous negotiation, understandings and agreements between us in relation to its subject matter. However, your agreement with PayPal (Europe) Sàrl et Cie, SCA for the use of your PayPal account is not an agreement between us but rather with a third party, and those separate agreements are not superseded.
2. Neither party is an agent for the other and neither party has the authority to make any commitments on behalf of the other, except as expressly provided for in this Agreement.
3. Notices to be given by you to us may be given by any means of contact in your User Profile and will be effective when sent. If you fail to provide or update valid contact information as required by the User Profile you waive your right to receive notice under this Agreement during the period of such failure. Any notices given by us may be given by posting the information within the Website.
4. Notices from you to PayPal Giving Fund must be given by email to the appropriate address provided within the Website and will be deemed given when actually received by PayPal Giving Fund.
5. We may amend this Agreement at any time by posting amended terms on the Website. We will send a message to the email address in your User Profile alerting you, unless the amendment makes no substantial change to your rights and obligations. Except as otherwise expressly stated in such a posting all amended terms shall automatically be effective and legally binding upon you 15 days after having been posted on the Website, or such longer period as may be required by law. Your continued access to or use of the Website after such 15 day period will constitute your complete consent and acceptance to all such amended terms. If you do not accept the amended terms you may terminate this Agreement within the 15 day notice period.
6. Should any provision of this Agreement be held by a court or other tribunal of competent jurisdiction to be void, illegal, invalid, inoperative, or unenforceable, the remaining provisions of this Agreement shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.
7. You may not assign this Agreement without PayPal Giving Fund's prior consent; any attempted assignment in violation of the forgoing will be null and void. PayPal Giving Fund may assign this Agreement to any third party without your consent.
8. The failure by PayPal Giving Fund to partially or fully exercise any right or the waiver by PayPal Giving Fund of any breach shall not prevent a subsequent exercise of such right to be deemed a waiver of any subsequent breach of the same or of any other term of this Licence Agreement. Any remedies made available to PayPal Giving Fund by the terms of this Agreement are cumulative and are without prejudice to any other remedies that may be available to PayPal Giving Fund in law or equity.
9. Any dispute between You and PayPal Giving Fund arising out of or in connection with this Agreement, including any question regarding the existence or validity of this Agreement, shall be referred to and finally resolved by arbitration, by a tribunal comprising a single arbitrator selected by agreement of the parties. In default of the parties’ agreement as to the arbitrator within 14 days of the referral, the arbitrator shall be appointed by the Chairman for the time being of the Chartered Institute of Arbitrators – Ireland Branch. Any such reference to arbitration will be a submission to arbitration within the meaning of the Irish Arbitration Act 2010. The place of arbitration shall be Dublin, Ireland and the language of the arbitration shall be English. The existence, content and results of the arbitration and any rulings or awards shall be confidential to the parties and may not be disclosed without the prior written consent of the other party, save as required by law, or for the purpose of presenting or preparing a party’s case in the arbitration or for the purpose any legal proceedings regarding the arbitration or any rulings or awards. Notwithstanding the foregoing, PayPal Giving Fund has the right to seek injunctive relief from any court of competent information to protect its rights in intellectual property or confidential information.
10. This Agreement shall be governed and interpreted in accordance with the laws of Ireland.
11. We have used our best endeavours to ensure that our Website complies with Irish laws and we do not accept charities from outside Ireland. We make no representations that the materials on our Website are appropriate or available for use in locations outside Ireland. Those who visit our Website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our Website and/or viewing of it, or use of any material or content on our Website or services, or products offered through our Website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our Website and you must exit immediately.
12. These Terms and Conditions do not confer any rights on any person or party (other than you and/or us).
13. English shall be the language of this Agreement.
12. VAT
1. All charges to be made by us under this Agreement are exclusive of VAT (if any).
13. Definitions
In these Terms and Conditions:
1. "Charitable Beneficiary" a Participating Charity that a Donor chooses to receive his Donation.
2. "Charity Area" the area of the Website which allows Participating Charities to view, manage and/or update their details.
3. “Data Protection Laws” means any applicable data protection laws, including the General Data Protection Regulation (EU) 2016/679, and any associated regulations or instruments and any other data protection laws, regulations, regulatory requirements or codes of practice applicable to processing of Personal Data.
4. "Charity Profile" the detail required by us in our enrolment process.
5. "Donation" a donation from a Donor to PayPal Giving Fund to benefit a Charitable Beneficiary.
6. "Donor" an individual or business who or which makes a donation to PayPal Giving Fund to benefit a Participating Charity.
7. "Featured Logo" a miniature image (usually a miniature version of your logo) we may use from time to time to identify your charity to eBay Users and PayPal Users.
8. "Featured Phrase" a brief phrase (usually an abbreviated version of your mission statement or campaign) we may use from time to time to explain your charity's work to PayPal Users and Other Users.
9. "Grant" a payment made to you by PayPal Giving Fund in support of your organisation's charitable purposes.
10. "Mission Statement" a statement describing your organisation, its purposes and objectives in accordance with our guidelines.
11. "Name and Logo" your name and logo.
12. "Online Tools" PayPal Giving Fund account to assist Participating Charities to view and manage their Grants received under this Agreement.
13. "Other User" a user and/or provider (such as a Registered Merchant) of other websites and services who makes a donation to PayPal Giving Fund to benefit a Participating Charity.
14. "Participating Charity" a charity registered with PayPal Giving Fund to receive Grants.
15. "PayPal User" any business, or any user or customer of any business which makes use of the payment processing systems provided by PayPal.
16. "PayPal Confirmed Charity" a charity that has completed PayPal's charity vetting process and been awarded this status by PayPal.
17. "Personal Data" is as defined in the Data Protection Laws.
18. "Proceeds" proceeds of the sale of a Listing.
19. "Proof of Status" evidence of charitable status.
20. "Registered Merchant" any business which is registered with PayPal Giving Fund for the purpose of facilitating the making of donations to PayPal Giving Fund to benefit Participating Charities by its customers or users or by the business itself under this Agreement.
21. "User Profile" the detail required by us to identify and communicate with the individual, or individuals, who register the charity with us.
22. "Website" http://www.paypalgivingfund.ie/.
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