PINGIT GIVING - TERMS OF SERVICE

  1. INTRODUCTION

    1. These Terms of Service are entered into by and between the Charity, Barclays Bank UK PLC and Charities Trust.
    2. Pingit Giving is provided by Barclays Bank UK PLC (registered no 09740322) whose registered office is at 1 Churchill Place, London E14 5HP. Barclays Bank UK PLC is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (Financial Services Register number: 759676).
    3. Charities Trust (charity registration no. 327489 and registered no. 2142757) is a charity registered with the Charity Commission and will provide donation management services as set out in these Terms of Service. Charities Trust's registered office is at Suite 20-22, Century Building, Brunswick Business Park, Tower Street, Liverpool, L34BJ. The arrangement between Charities Trust and Barclays is set out in separate arrangements and are referred to in these Terms of Service as the "Agreements".For the avoidance of doubt nothing in these Terms of Service shall compromise the rights or obligations of the parties set out in the Agreements.
    4. For the purposes of these Terms of Service: (a) "Pingit" means Barclays Bank UK PLC; (b) "Charity" or "you" or “your” means the Eligible Charity seeking to register as a charity on the Pingit Giving Platform (as defined in clause 1.6, below); (c) "CT" means Charities Trust; and (d) "Party" means either Pingit, Charities Trust or you.
    5. For the purposes of these Terms of Service: (a) "Affiliate" means, in relation to an entity, any person or entity Controlling, Controlled by or under common Control with such entity. An entity is deemed included within the meaning of "Affiliate" even if it qualifies as such after the commencement date that the Charity accepts the terms set out herein in respect of the Pingit Giving service; and (b) Control of an entity means the power, direct or indirect, to direct or cause the direction of the management and policies of such entity whether by contract or otherwise and, in any event and without limitation of the foregoing, any entity owning more than fifty percent (50%) of the voting securities of a second entity shall be deemed to control that second entity. Derivative forms of the term "Control" (e.g. Controlling and Controlled by) have corresponding meanings.
    6. Pingit Giving is a service that enables donors to make donations (via their Pingit app or debit card) (“Donor”) through a fundraising page hosted on a Pingit website or app to Eligible Charities registered in accordance with clause 3 (Pingit Giving Platform – Registration) (the "Pingit Giving Platform").
  2. AGREEMENT TO TERMS OF SERVICE

    1. By registering as a charity listed on the Pingit Giving Platform you agree to comply with and be bound by the terms of service set out herein in respect of the Pingit Giving service ("Terms of Service")as these terms are updated from time to time.
    2. Term
      These Terms of Service will apply following your acceptance of these Terms of Service and on notification of registration issued by Charities Trust (the "Commencement Date") and will continue until terminated in accordance with clause 9 (Termination of Registration).
  3. PINGIT GIVING PLATFORM – REGISTRATION

    1. In order to be considered for registration on the Pingit Giving Platform you must: (a) be validly registered with either the Charity Commission for England and Wales; OSCR, Scottish Charity Regulator; or Charity Commission for Northern Ireland; (b) be registered for Gift Aid with HMRC; (c) hold a UK bank account; and (d) be registered with Charities Trust to access the Charities Trust portal (an “Eligible Charity”).
    2. Subject to clause 4 (Donations – Charities Trust Obligations) and clause 9 (Termination of Registration), Pingit reserves the right to decline any application for registration, or revoke a registration at any time, at its complete discretion, including where you cease to be an Eligible Charity.
    3. The Charity represents, warrants and undertakes to Pingit and Charities Trust that:
      1. it is an Eligible Charity;
      2. these Terms of Service have been accepted and agreed by a person duly authorised to bind the Charity; and
      3. all documents and information provided to Pingit or Charities Trust as part of the Charity's application for registration have been validly executed by a person duly authorised to bind the Charity and are accurate, valid and up to date.
    4. You will receive notification of registration from Charities Trust on successful registration to the Pingit Giving Platform.
    5. You will receive 100% of the donation value plus any related Gift Aid (subject to the Gift Aid provisions in section 6) through the Pingit Giving platform.
  4. DONATIONS – CHARITIES TRUST OBLIGATIONS

    1. Charities Trust will maintain a UK bank account and will hold all donations made through the Pingit Giving Platform on trust on your behalf. All donations made through the Pingit Giving Platform will be held in this account before the donations are sent to the bank account specified by you (details of which shall be provided by you to Charities Trust). Any interest accrued on donations made through the Pingit Giving Platform and held in a Charities Trust bank account will be retained by Charities Trust and used to improve the services that Charities Trust provides.
    2. Subject to clauses 4.3, 4.4 and 4.5, donations due to you will be paid by Charities Trust no later than 28 days of Charities Trust receiving the donation. In the event that Charities Trust are unable to make the payment within 28 days of Charities Trust receiving the donation, Pingit shall make the payment to you.
    3. You agree to inform Charities Trust of any updated bank details and note a failure to provide accurate and up to date bank details may result in donations being delayed or not being sent.
    4. In the event that the payment from Charities Trust of any donation made to you through the Pingit Giving Platform fails to be processed due to Charities Trust having incorrect or out of date recipient bank details, Charities Trust will promptly contact you to obtain correct details and, once in receipt of the required details to make the payment, will use its reasonable endeavours to ensure that the payment reaches you within 28 days from the date of the donation.
    5. Pingit and Charities Trust are not obliged to instruct payments to you if, in either of their opinions:
      1. you no longer meet the criteria required by Pingit and Charities Trust to be registered on the Pingit Giving Platform, including the requirements set out in clause 3 above; or
      2. processing a payment may damage the reputation of Barclays, or break any laws (including, regulations or sanctions.
  5. REFUNDS

    Should a Donor contact Pingit for a refund of the donation made to you, the Donor will be directed to you and you agree to reasonably consider such refund request and provide a refund of the donation where permitted by law. This clause shall survive termination of these Terms of Service.
  6. GIFT AID – CHARITIES TRUST OBLIGATIONS

    1. The Pingit Giving Platform will provide an option for Donors to make a donation that is eligible for Gift Aid reclaim.
    2. By entering into these Terms of Service you agree and acknowledge the following:
      1. Charities Trust will process Gift Aid declarations in respect of donations that are made through the Pingit Giving Platform with HMRC on your behalf (with Charities Trust acting as Data Controller (as defined under the Data Protection Legislation) in respect of such Gift Aid declarations) and you agree to appoint Charities Trust as your Gift Aid agent for these purposes;
      2. Charities Trust will maintain records of Gift Aid claims and handle all Gift Aid administration and HMRC reporting and they will receive a fee from Pingit for providing these services;
      3. If required by HMRC, Charities Trust will claw back funds from you in respect of Gift Aid and you agree to co-operate and provide all reasonable assistance as requested by Charities Trust in order to resolve any Gift Aid queries and claw back requests received from HMRC;
      4. Charities Trust accepts full responsibility for complying with its obligations in these Terms of Service including the obligations in this clause 6.
      5. Neither Pingit nor any Affiliate of Pingit accepts liability in respect of Charities Trust's obligations in these Terms of Service including the Gift Aid obligations set out in this clause 6.
  7. CONSUMER PROTECTION

    When providing services to the Donors, Pingit will comply with all applicable laws and regulations that apply to the provision of such services to the Donors including all applicable consumer protection legislation.
  8. DOCUMENTS AND RECORDS

    1. Pingit will maintain records and documents relating to your donations for up to 7 years from the date of the donation. Should you require copies of these documents contact Pingit at pingit-giving@barclayscorp.com.
    2. Charities Trust will maintain records and statements relating to donations (including Gift Aid, where applicable). These will be available for you to access on the Charities Trust portal which you will have access to with the login credentials assigned to you on registering with Charities Trust.
    3. You can ask Pingit at any time for a copy of these Terms of Service.
  9. TERMINATION OF REGISTRATION

    1. Pingit may terminate your registration on the Pingit Giving Platform by providing at least two months' notice in accordance with clause 20 (Communicating with you).
    2. You may choose to terminate your registration on the Pingit Giving Platform by providing one month’s written notice to Pingit and Charities Trust by letter to Pingit Giving Team, Barclays Bank UK PLC, 1 Churchill Place, London, E14 5HP (with a copy of any such notice to also be sent by e-mail to pingit-giving@barclayscorp.com).
    3. Following the effect of the termination notice, you will no longer be able to access the Pingit Giving Platform and you will not be listed on the Pingit Giving Platform.
    4. Pingit may prevent your access to the Pingit Giving Platform and remove you from the list of charities listed on the Pingit Giving Platform at its own discretion at any time without notice.
    5. In addition to the rights in clauses 9.1 and 9.2 , either Pingit or you may end these Terms of Service (and end the charity’s registration on the Pingit Giving Platform with immediate effect) if the other party commits a material breach of any of these Terms of Service. In respect of a Charity, a material breach would include, but shall not be limited to:
      1. the loss or suspension of the registered charity's charitable status;
      2. the loss or suspension of the charity's HRMC registration;
      3. a failure to meet the criteria required by Pingit and Charities Trust to be registered on the Pingit Giving Platform; and
      4. persistent breaches of these Terms of Service;
      5. an act, threatened act or omission that may damage the reputation of Barclays or that may result in Barclays breaking any law, regulation or sanction.
    6. If your registration is terminated for any reason and subject to clause 4.5, Charities Trust will ensure prompt payment of all sums due and payable to you in respect of donations collected and any associated payments (including amounts in respect of Gift Aid, as applicable) in accordance with clause 4 (Donations- Charities Trust Obligations).
    7. In the event the Agreements between Barclays and Charities Trust are terminated, these Terms of Service shall also be terminated in accordance with these Terms of Service.
  10. DATA PROTECTION

    1. The following definitions apply to this clause 10:
      1. "Data Protection Legislation" means the EU General Data Protection Regulation 2016/679, the EU Directive on Privacy and Electronic Communications 2002/58/EC, Commission decisions and guidance and all national implementing legislation, and all other applicable laws and regulations relating to data protection and privacy in any jurisdiction in which the Personal Data is being Processed (including but not limited to the UK Data Protection Act 2018);
      2. "Data Protection Schedule" means the schedule to this Terms of Service setting out the Processing carried out by you;
      3. "Data Subject" shall have the meaning given to it by the Data Protection Legislation;
      4. "Data Transfer Agreement" means a data transfer agreement on such terms as are reasonably determined by Pingit as ensuring the relevant Personal Data (as the case may be) being transferred is subject to adequate safeguards as prescribed by Data Protection Legislation;
      5. "Personal Data" shall have the meaning given to it by the Data Protection Legislation;
      6. "Processing" means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as (without limitation) collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction and "Process" and "Processed" shall have corresponding meanings;
      7. "Regulator" means any regulator, regulatory body or supervisory authority in any country (including the Federal Deposit Insurance Corporation, the US Securities and Exchange Commission, the Board of Governors of the Federal Reserve System, the US Commodities Futures Trading Commission, the New York State Department of Financial Services, the US Financial Industry Regulatory Authority, the United Kingdom Financial Conduct Authority, the United Kingdom Prudential Regulation Authority, the Bank of England, HM Revenue & Customs and the United Kingdom Information Commissioner's Office, or its or their respective successors) with jurisdiction over Pingit or you, or whose consent, approval or authority is required so that such entity (or entities) can lawfully carry on any part of its business.
    2. You shall comply with all Data Protection Legislation in relation to any Personal Data Processed under or in connection with these Terms of Service.
    3. You shall not Process, transfer or permit access to any Personal Data outside the European Economic Area or a country not deemed to provide an adequate level of protection for Personal Data by any Regulator save to the extent such Processing, transfer or access is in compliance with all Data Protection Legislation.
    4. You shall notify Pingit promptly and in any event within twenty-four hours of becoming aware of any actual, suspected or alleged loss, leak or unauthorised Processing of any Personal Data and shall (at your own cost) provide full cooperation and assistance to Pingit in respect of such event and take whatever action is necessary to minimise the impact of such event and prevent such event recurring.
    5. You shall notify Pingit promptly (and in any event within two Business Days of receipt of the relevant request, claim, complaint or allegation or such shorter period as may be reasonably required for Pingit to meet any time periods prescribed by the Data Protection Legislation) upon receiving a request for information, claim, complaint or allegation relating to Pingit's compliance with the Data Protection Legislation in relation to the Personal Data (the "Enquiry"), and you shall provide Pingit with all such assistance in dealing with and responding to such Enquiry as Pingit shall reasonably request, provided always that you shall not take any other action in relation to any such Enquiry without the prior written authorisation of Pingit.
    6. You shall implement appropriate technical and organisational measures to protect Personal Data against unlawful Processing and against accidental loss, destruction, damage, alteration or disclosure of the Personal Data. Such measures shall be appropriate to the harm that might result from unauthorised or unlawful Processing or accidental loss, destruction or damage to Personal Data and to the nature of Personal Data to be protected and shall include taking reasonable steps to ensure the reliability of employees having access to the Personal Data.
    7. In the event that a third party Processes any Personal Data on behalf of you, you shall procure compliance by such third party with the Data Protection Legislation and with terms no less onerous than those set out in this Agreement and, as between you and Pingit, you shall be responsible for the acts or omissions of such third party in relation to such Processing as though they were your acts or omissions.
    8. The Data Protection Schedule sets out the Processing to be carried out by you.
  11. INTELLECTUAL PROPERTY RIGHTS AND LICENCE

    1. "Intellectual Property Rights" means patents, trademarks, service marks, logos, trade names and business names, copyright (including future copyright), database rights, rights in and to Confidential Information (including know how, business methods, data and trade secrets) and all other intellectual property rights, in each case subsisting or pending at any time in any part of the world;
    2. All Intellectual Property Rights belonging to a Party prior to the Commencement Date shall remain vested in and belong exclusively to that Party. Nothing in this Terms of Service shall be taken to be a transfer or assignment of or an agreement to transfer or assign any of Pingit's (or any Barclays Affiliate’s) Intellectual Property Rights to you.
    3. You shall not be entitled to use any of Pingit's (or any Barclays Affiliate’s) Intellectual Property Rights other than as set out in these Terms of Service and shall not permit any third party to use such rights without the express written consent of Pingit, in its absolute discretion.
    4. Pingit grants to you, during the term of these Terms of Service only, a non-exclusive, royalty free, non-transferable, non-sub licensable and revocable licence to use the Pingit Intellectual Property Rights in any Materials provided by Pingit to you, to the extent that such use of those Intellectual Property Rights is required for the purpose of performing its obligations under these Terms of Service, and provided that any use of the Pingit Intellectual Property Rights will be strictly in accordance with the toolkit guidelines governing the use of the Pingit Intellectual Property Rights, provided by Pingit to you, as amended by Pingit from time to time.
    5. Pingit shall be entitled to revoke the licence granted under this clause and to immediately terminate these Terms of Service if, in Pingit’s sole opinion, you use Pingit’s Intellectual Property Rights in a manner, form or medium which constitutes a breach of these Terms of Service, or which is not expressly approved and permitted in writing by Pingit.
    6. You grant to Pingit, during the term of these Terms of Service only, a non-exclusive, royalty free, non-transferable and fully sub licensable licence to use your Intellectual Property Rights to the extent that such use is required for the purpose of performing its obligations under these Terms of Service, in connection with the provision of the Pingit Giving service and / or in connection with the provision of the Pingit Giving Platform. You have the right to terminate this licence if Pingit commits a material breach of this clause.
    7. You shall at all times whether during or after termination or expiry of these Terms of Service indemnify and keep indemnified Pingit and any Affiliates of Pingit against all losses, liabilities, claims, damages, costs, expenses (including reasonable legal fees), suffered by, incurred by or awarded against Pingit and any Affiliates of Pingit or which are agreed by Pingit to be paid by way of settlement or compromise, arising out of or in relation to:
      1. any infringement or alleged infringement of any Intellectual Property Rights of any third party as a result of your actions or omissions under or in connection with these Terms of Service; and/or
      2. any negligent or wilful act or omission of you, your employees, agents or contractors in connection with the Terms of Service, whether or not such losses were foreseeable at the Commencement Date.
  12. CONFIDENTIALITY AND PUBLICITY

    1. “Confidential Information” means in relation to each Party to these Terms of Service any and all information in whatever form (including Personal Data), whether in oral, electronic, tangible, documented, or in any other form or media, that to the other party (the “Recipient”) (or any member of its Group or any of its or their representatives) whether before, on or after the date of these Terms of Services that (i) is by its nature confidential; or (ii) the other Party knows or ought to know is confidential; or (iii) is designated by a Party as confidential, and is disclosed to or otherwise learnt, acquired or developed by another Party (or any member of its Affiliates or any of its or their representatives) in connection with these Terms or Service (or its subject matter)..
    2. From time to time, Confidential Information of a Party (the "Disclosing Party") may be received by another Party (the "Receiving Party").
    3. The Receiving Party will treat and keep all Confidential Information of the Disclosing Party as secret and confidential in perpetuity and will not, without the Disclosing Party's written consent, directly or indirectly communicate or disclose (whether in writing or orally or in any other manner) Confidential Information to any other person other than in accordance with these Terms of Service.
    4. The Recipient may disclose Confidential Information:
      1. to those of the members of its Affiliates and its representatives who need access to that Confidential Information in order for the Receiving Party’s obligations under this Agreement to be performed and the Receiving Party’s rights under this Agreement to be exercised. Prior to any such disclosure the Receiving Party must ensure that each such person is aware of the fact that the Confidential Information is confidential and will procure that such person is subject to a confidentiality agreement on terms substantially equivalent to those contained in this clause 12. The Receiving Party will be liable for the acts and omissions of the persons to whom the Recipient discloses Confidential Information pursuant to this clause;
      2. to the extent required by law or by any governmental or regulatory authority (including any stock or investment exchange or listing authority or the Panel on Takeovers and Mergers). Where reasonably practicable and lawful, the Receiving Party will give written notice to the Disclosing Party in advance of such disclosure, will consult with the Disclosing Party as to the content, purpose and means of disclosure and will seek to make such disclosure subject to obligations of confidence consistent, so far as reasonably possible and lawful, with the terms of this Agreement.
    5. The Receiving Party’s obligations under this clause 12 will not extend to Confidential Information which:
      1. the Disclosing Party agrees in writing is not Confidential Information;
      2. at the time of disclosure was in the public domain or subsequently enters into the public domain other than as the result of a breach of this clause 12 by the Receiving Party or its Affiliate or its or their representatives;
      3. the Receiving Party can prove to the reasonable satisfaction of the Discloser:
        1. (a) has been received by the Receiving Party (or its Affiliate or one of its or their representatives) at any time from a third party who did not acquire it in confidence; or
        2. (b) was independently developed by the Receiving Party (or its Affiliate or one of its or their representatives) without any breach of this Agreement.
    6. This clause 12 will survive termination of these Terms of Service.
    7. Publicity
      Without Pingit’s prior written consent in each instance, you shall not: (a) use any name, Pingit Marks, service mark, logo, domain name, website, URL or other identifier of Pingit or any Affiliate of Pingit; (b) refer to or identify Pingit or any affiliate of Pingit in any publicity releases, interviews, promotional or marketing materials, public announcements, customer listings, testimonials or advertising.
    8. Return or Destruction of Data
      Upon the termination or expiration of the Terms of Service, or upon Pingit's written request, you will destroy or erase permanently any Pingit Data, including Personal Data (as defined in clause 10 Data Protection) and other Pingit Confidential Information, in your possession and confirm in writing to Pingit that you have done so.
  13. LIMITATION OF LIABILITY

    1. None of the Parties limits or excludes its liability:
      1. in respect of any theft, fraud or fraudulent misrepresentation by it or its employees or personnel;
      2. for death or personal injury caused by its action or inaction or that of its employees or personnel;
      3. in respect of any indemnity under these Terms of Service;
      4. pursuant to clause 12 (Confidentiality and Publicity), 11 (Intellectual Property Rights and Licence), clause 10 (Data Protection); or
      5. to the extent such limitation or exclusion is not permitted by applicable law.
    2. General liability cap
      Subject to the exclusions set out above in 13.1, the maximum aggregate liability of each Party for losses, claims, liabilities, damages or alleged damages arising out of or in connection with these Terms of Service, whether arising from tort (including negligence), breach of contract, breach of statutory duty or otherwise, shall not exceed, for each Party, £100,000.
    3. Exclusion of indirect or consequential loss
      Subject to the exclusions set out above in 13.1, neither Party or any of its Affiliates will be liable to the other Party for:
      1. (a)loss of profits, revenue, contracts, loss of use, business, anticipated savings, damage to reputation or goodwill;
      2. (b)any indirect or consequential loss or damages arising out of or in connection with any Contract, in each case whether arising from tort (including negligence), breach of contract, breach of statutory duty or otherwise.
    4. Severability
      If any limitation or provision contained or expressly referred to in this clause 13 is held to be invalid under applicable Law it will to that extent be deemed omitted, but if any Party becomes liable for loss or damage that would otherwise have been excluded, that liability will be subject to the other limitations and provisions set out in this clause 13.
  14. FORCE MAJEURE

    1. Neither Party will be liable to the other Party for any delay or non-performance of its obligations under these Terms of Service to the extent it arises from a Force Majeure Event.
    2. Force Majeure Event means any fire, flood, earthquake, act of God, war, governmental act (other than a change of law), riot, civil disorder, rebellion or revolution, in each case which is beyond a Party's reasonable control, or any other event of a similar nature beyond a Party's reasonable control and to which it did not contribute.
  15. CHANGES TO PINGIT GIVING TERMS OF SERVICE

    1. Pingit may change these Terms of Service from time to time.
    2. Pingit will give you at least two months' notice of any changes.
    3. Pingit does not have to provide advance notice of changes that are:
      1. due to legal or regulatory changes;
      2. beyond our control; or
      3. favourable to you.
    4. You may end these Terms of Service at any time by giving Pingit written notice during the two months' period in accordance with the provisions of clause 20.3.
    5. Unless there are any exceptional circumstances, Pingit will give notice in line with clause 20 (Communicating with you).
    6. The new terms will be made available on the Pingit Giving website.
      1. Unless you end these Terms of Service pursuant to clause 15.4 prior to the expiry of the two month notice period, we will treat you as if you have accepted the changes.
    7. Suspension of Pingit Giving Platform
      Subject to any legal and regulatory obligations which shall continue to apply, Pingit may suspend the Pingit Giving Platform (included but not limited to, suspending fundraising pages and access to the Pingit Giving Platform) for a period of time or as it considers necessary from time to time entirely at its own discretion without liability to the Charity.
  16. NO PARTNERSHIP OR AGENCY

    Nothing in these Terms of Service and no action taken by the Parties in connection with it will create a partnership or joint venture between the Parties or, save as expressly provided otherwise in these Terms of Service, give either Party authority to act as the agent of or in the name of or on behalf of the other Party or to bind the other Party or to hold itself out as being entitled to do so.
  17. VARIATIONS

    1. Save as otherwise expressly provided in these Terms of Service no variation to this Agreement will be effective unless it is made in writing and signed by a duly authorised representative on behalf of all of the Parties.
  18. THIRD PARTY RIGHTS

    The parties do not intend that any term of these Terms of Service will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person.
  19. GOVERNING LAW

    English law applies to these Terms of Service and any claims arising out of the use of the Pingit Giving Platform will be dealt with by the courts of England and Wales. If you are a charity registered in Scotland, Scottish law applies to these Terms of Service and any claims will be dealt with by the Scottish courts. If you are a charity registered in Northern Ireland, Northern Ireland law will apply to these Terms of Service and any claims will be dealt with by the courts of Northern Ireland.
  20. COMMUNICATING WITH YOU

    1. Any notice sent under or in connection with these Terms of Service must be in writing. For the purposes of any notice Pingit or Charities Trust send to you, 'in writing' includes letters, emails or online methods of communication. For the purposes of any notice you send to Pingit or Charities Trust, it means letters (or e-mail where expressly permitted under these Terms of Service). Pingit and Charities Trust will communicate with you in English.
    2. Pingit or Charities Trust may send any written notice to your registered office, your email address or your last known place of business. You must keep Pingit and Charities Trust up to date with your contact details at all times.
    3. You must send any written notice to, Pingit Giving Team, Barclays Bank UK PLC, 1 Churchill Place, London, E14 5HP or any other address Pingit or Charities Trust give to you (with a copy of any such notice to also be sent by e-mail to pingit-giving@barclayscorp.com).
    4. If any notice is sent by first-class post it will be treated as being received at noon 2 days after it was posted (3 days in the case of second-class post). In the case of notices Pingit or Charities Trust send to you, this applies even if it is not delivered or if it is returned undelivered.
    5. Other than where Pingit or Charities Trust are sending you a notice, Pingit or Charities Trust may also contact you by letter, phone, fax or computer (including email).
  21. ENTIRE AGREEMENT

    These Terms of Service constitute the entire agreement between the Parties and supersede any prior terms of service or arrangement in respect of their subject matter and:
    1. neither party has entered into these Terms of Service in reliance upon, and it will have no remedy in respect of, any misrepresentation, representation or statement (whether made by the other Party or any other person and whether made to the first Party or any other person) which is not expressly set out in these Terms of Service;
    2. nothing in this clause 21 will be interpreted or construed as limiting or excluding the liability of any person for fraud or fraudulent misrepresentation.
  22. COUNTERPARTS

    These Terms of Service may be executed in any number of counterparts, each of which will constitute an original, but which will together constitute one agreement.
  23. COMPLAINT PROCEDURES

    1. Pingit want to hear from you if you feel unhappy about the service you have received from Pingit or Charities Trust. You can complain in writing, by email or by phone.
    2. You can contact us by phone via the Pingit helpdesk by contacting +44 (0) 333 200 1012. We're available 24 hours a day, 7 days a week. Pingit may monitor or record calls to maintain high levels of security and quality of service.
    3. You can contact us by letter at our postal address, Barclays, Leicester, LE87 2BB or by email at app-support@barclays.com.
    4. You can ask for a review from the Financial Ombudsman Service.
    5. You can use the details below to contact them and find out more information about how to use the Financial Ombudsman Service.
      • The Financial Ombudsman Service, Exchange Tower, London, E14 9SR
      • Phone: 0800 023 4567 (from a landline) or 0300 123 9123 (from a mobile)
      • Email: complaint.info@financialombudsman.org.uk or go to their website, www.financialombudsman.org.uk.

 

Data Protection Schedule

Scope, nature, purpose and duration of the Processing to be undertaken by You:

You will not receive Personal Data from Charities Trust in relation to fundraisers and donors who use the Pingit Giving Platform until such time as Pingit chooses at its absolute discretion to enable this Personal Data to be shared.

If Pingit chooses to enable this Personal Data to be shared, you will receive Personal Data from Charities Trust in relation to fundraisers and donors who use the Pingit Giving Platform and have opted in to receive marketing materials from you.

Types of Personal Data and categories of subjects of the Personal Data to be Processed by You:

If Pingit chooses to enable Personal Data to be shared, Personal Data may include names, contact details, date of birth, marketing choices and other necessary personal details of donors and fundraisers.