Terms & Conditions

Please read these terms and conditions carefully before using this site

What's in these terms?

These Terms & Conditions (“terms of use”) tell you the rules for using our website www.superkind.org (our site) if you want to learn about social action and philanthropy, collect badges for taking action, take part in the Social Impact Schools Award, raise funds for a charity or make a donation to a charity.

Click on the links below to go straight to more information on each area:

  1. Who we are and how to contact us.
  2. By using our site you accept these terms.
  3. Children’s use of our site.
  4. There are other terms that may apply to you.
  5. We may make changes to these terms of use.
  6. We may make changes to our site.
  7. We may suspend or withdraw our site.
  8. We may transfer our site to someone else.
  9. Our site is only for users in the UK.
  10. Rules for setting up and using an account.
  11. How you may use material on our site.
  12. No text or data mining, or web scraping. 
  13. Do not rely on information on our site.
  14. We are not responsible for websites we link to.
  15. User-generated content is not approved by us.
  16. How to complain.
  17. Our responsibility for loss or damage suffered by you.
  18. How we may use your personal information.
  19. Uploading content to our site.
  20. Rights you are giving us to use material you upload.
  21. We are not responsible for viruses and you must not introduce them.
  22. Rules about linking to our site.
  23. Our branding.
  24. Donor’s warranty.
  25. Processing of donations through our site.
  26. Rules applying to Gift Aid.
  27. Fees and voluntary contributions.
  28. Processing of other payments through our site.
  29. Our charity terms of use.
  30. Our Social Impact Schools Award terms of use. 
  31. Notices. 
  32. No waiver. 
  33. Entire agreement and severability.
  34. Which country’s laws apply to any disputes? 

1. Who we are and how to contact us

www.superkind.org is a site operated by SuperKind Education C.I.C. and SuperKind Children’s Fundraising Ltd (“We”). The educational side of our site is owned by SuperKind Education C.I.C and the fundraising platform is owned by SuperKind Children’s Fundraising Ltd. We are registered in England and Wales under company numbers 14778179 and 13172763 respectively, and have our correspondence address at Haskell House, 152 West End Lane, West Hampstead, London, NW6 1SD. 

To contact us, please email hello@superkind.org or use our Contact Form.

2. By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site. 

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We recommend that you print a copy of these terms for future reference. 

3. Children’s use of our site

As the parent/legal guardian that has approved a child’s account pursuant to Clause 10, you will be responsible for the respective child’s use of our site and ensuring that the child complies with our Acceptable Use Policy and these terms of use. Please note that you may only approve a child‘s account if you are the child’s parent or legal guardian (collectively “parent”).

4. There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

5. We may make changes to these terms

We amend these terms of use from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 01.11.24.

6. We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. If you hold an account, we will always give you reasonable notice of any major planned changes.

7. We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. If you hold an account, we will always give you reasonable notice of any planned suspension or withdrawal on our site.

8. We may transfer our site to someone else

We may transfer the rights in our site and our rights and obligations under these terms of use to another organisation. If you hold an account, we will always give you notice if this happens, and we will ensure that the transfer will not affect your rights hereunder.

9. Our site is only for users in the UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

10. Rules for setting up and using an account

If you want to use interactive services on our site (such as collecting badges or fundraising), you will be asked to set up an account on our site. If you are a child, your parent will have to approve your account and any subsequent changes you make to that account (for example, setting up a fundraising page).

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures in relation to your account, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@superkind.org or by using our Contact Form.

11. How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

12. No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):

  • Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
  • Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard.

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

13. Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to (tax, financial or other) advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

14. We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

15. User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

16. How to complain

We work hard to make sure that our customers are satisfied when using SuperKind, whether that be to fundraise, log social actions, or access our educational resources. Sometimes things can go wrong and when they do we want to know about it so that we can try to make things right. We are always happy to receive any feedback whether it is good or bad and we recognise that there is always room for improvement.

If you would like to make a complaint please email hello@superkind.org or use our Contact Form. Please provide us with as much detail as possible about what has happened, and if you can, what you would like us to do to make things right – not that we can make any promises.

Every person and complaint is different and we feel that it is important to review these on a case by case basis, ensuring we are being fair, consistent and prompt in how we handle complaints to protect those that use our services and maintain our relationship.

Our Complaints Procedure:

  • Let us know what your complaint is and what you would like us to do to make things right (if we can!). Whichever member of our team is first available will pick this up in the first instance. 
  • If we are not able to resolve the complaint in a way that you are satisfied with within 3 working days, then we will arrange for it to be reviewed by a senior member of the team. 
  • We will aim to get back to you with a final response within 15 working days. Of course, there may be exceptions, and in these cases we will keep you updated and aim to come to a resolution within 35 working days.

17. Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you if and to the extent it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Except as expressly set out in these terms of use and subject to the preceding paragraph:  

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our site; or
    • use of or reliance on any content displayed on our site.
  • In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

If you are a parent/donor, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

18. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy

19. Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards and that it is either your own original work or you have the right and/or license to upload it, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload. For charities, schools and other organisations: the rights owner retains all ownership rights to any material uploaded, including any logos, images, videos or other brand.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

 

20. Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us the following rights to use that content:

  • a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service to expire when the user deletes the content from the site.
  • a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the site to expire when the user deletes the content from the site.

21. We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

22. Rules about linking to our site

You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our site other than that set out above, please email hello@superkind.org or use our Contact Form.

23. Our branding

The SuperKind branding, name and logo visible on our website is used by SuperKind Education C.I.C. and SuperKind Children’s Fundraising Ltd. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site.

24. Donor's warranty

If you are a donor, you represent and warrant that

  • You are at least 18 years old;
  • The information you provide to us is true, accurate and up to date;
  • The information you provide to us relates to you and not to a third party.

25. Processing of donations through our site

SuperKind has partnered with Charities Trust (charity registration number 327489; company registration number 02142757; HMRC approved in England and Wales) which keeps a database of UK registered charities that have gone through a verification process conducted by Charities Trust to ensure that donations are going to a legitimate cause (“eligible charities”). Any organisations that are nominated by a donor and not listed as an eligible charity will be subject to a verification process conducted by Charities Trust and, if such verification process is successful, will be added to the database of eligible charities.

After the deduction of the applicable fee pursuant to Clause 27 each donation that you make through our site will go to Charities Trust, which will process and pay the donation to the nominated eligible charity. Once received and accepted by Charities Trust, donations are irrevocable gifts, and Charities Trust has exclusive and legal control over all donated amounts. Donations to Charities Trust are recognised as charitable contributions for UK tax purposes.  

Charities Trust pay out funds to charities on Thursday of every week and these funds reach the charity on the following Monday. From time to time donations may be delayed for one reason or another. SuperKind does not accept any liability for this delay. 

When making a donation, you can choose whether your donation appears as anonymous on our site or whether your name is shown. You can also choose whether your details are passed on to the nominated charity that benefits from your donation.

We do not represent or warrant that your donations will be used for any particular purpose, and we shall not be responsible for any dissatisfaction you may have regarding a charity’s use of any donation you may make through our site or for any misuse or non-use of such donations once it has been transferred to Charities Trust.

Please be aware that no donations will be refunded for any reason, subject to applicable local laws. It is your sole responsibility, as a user of SuperKind, to ensure that the cause stated to be supported on a relevant Fundraising page is one that you wish to support. Please contact the charity directly if you require a refund.

When you make a donation, the transaction is final and not disputable unless unauthorised use of your payment card or other payment method is proved. If you become aware of fraudulent use of your card, or if your card is lost or stolen, you must notify your card provider in accordance with its reporting rules.

26. Rules applying to Gift Aid

When you make a donation through our site, we may ask you if you want to add Gift Aid to your donation. If you complete a Gift Aid declaration in respect of your donation made through our site, Charities Trust will process the Gift Aid claim with HMRC and will process any resulting payment to the nominated charity. Please read the Gift Aid declaration carefully before you complete it. Please note that Gift Aid will not be able to be claimed in the event that your address/post code is entered incorrectly.

When you complete a Gift Aid declaration, you are giving your consent for us to send certain personal information we hold about you to Charities Trust and to the recipient charity, including your name, address and email address. We will share this information with Charities Trust and the recipient charity on the basis that they will only use it to collect the Gift Aid payment, and subject to the requirements of the applicable data protection laws. 

By completing a Gift Aid declaration, you confirm that if you pay less income and/or capital gains tax in the current tax year than the amount of Gift Aid claimed on all of your donations you will be responsible to pay any difference to HMRC.

27. Fees and voluntary contributions

In order to enable us to accept your donations and to transfer them to Charities Trust, we use the electronic payment processing infrastructure provided by Stripe. Stripe charge a payment processing fee for each transaction. Currently this fee is 1.2% of the donated amount plus 20p for major UK & EU credit/debit cards. The fee is 2.9% plus 20p for non EU and American Express cards. This fee is deducted from the donated amount before the funds are transferred to Charities Trust, who then distributes them to the nominated eligible charities.

When you make a donation, we will ask you whether you would like to make a voluntary contribution to SuperKind in addition to your charity donation. We use this income to cover the costs of operating and maintaining our organisation, including our site.

SuperKind do not take any commission or charge any fees on donations made through our platform.

Charities are not charged in respect of any donations made on our site.

28. Processing of other payments through our site

In addition to donations through our fundraising platform, we process payments to SuperKind on our ‘Support Us’ page and through the ‘Social Impact Schools Award’ payment tab.  

Please be aware that no payments will be refunded for any reason, subject to applicable local laws.

When you make a payment, the transaction is final and not disputable unless unauthorised use of your payment card or other payment method is proved. If you become aware of fraudulent use of your card, or if your card is lost or stolen, you must notify your card provider in accordance with its reporting rules.

29. Our charity terms of use

Charities feature on SuperKind in two ways: on our fundraising platform so that young people can raise money for them, or as a featured charity on our educational site. SuperKind’s Fundraising platform allows young people, schools, PTAs and alternative learning providers to raise money for charities through the creation of campaigns and fundraising pages. SuperKind’s Educational pages enable children to learn, get inspired, and be empowered to take action. As part of this, we invite charities to populate their pages on our site with educational content for children. 

Charges & Fees: There is no charge for charities to appear on our fundraising platform or as a featured charity. Our platform is run in partnership with Charities Trust, who provide SuperKind with access to their database of charities. All aspects of the payment terms & schedules, transfers of funds and Gift Aid reclaim fees are covered by the contract between a charity and Charities Trust.

In order to enable us to accept donations and to transfer them to Charities Trust, we use the electronic payment processing infrastructure provided by Stripe. Stripe charge a payment processing fee for each transaction. Currently this fee is 1.2% of the donated amount plus 20p for major UK & EU credit/debit cards. The fee is 2.9% plus 20p for non EU and American Express cards. This fee is deducted from the donated amount before the funds are transferred to Charities Trust, who then distributes them to the nominated eligible charities.

When a donation is made, we ask the donor whether they would like to make a voluntary contribution to SuperKind in addition to their charity donation. We use this income to cover the costs of operating and maintaining our organisation, including our site. SuperKind do not take any commission or charge any fees on donations made through our platform. Charities are not charged in respect of any donations made on our site.

Removal of Listing: SuperKind can suspend or remove a charity from our fundraising platform or featured charities list at any stage, and at our sole discretion. If we intend to do so, we will notify the charity with 5 working days’ prior notice, unless circumstances require immediate action.

Charities are free to update, suspend, or withdraw their page or their listing as a fundraising beneficiary at any time by emailing us on hello@superkind.org or using our Contact Form. We commit to responding within 5 working days, at which stage we can action the request with immediate effect. In the event that a charity decides to withdraw entirely (rather than suspend), we will delete all content from our files.

Liability: In no event shall SuperKind be liable (whether for breach of contract, negligence or for any other reason) for any loss or damage which the Charity may claim to have suffered by reason of its (or any donor, fundraiser or other user) accessing and use of (or inability to access and use) the SuperKind Services or any part of them, including (but not limited to) loss of profits, exemplary or special damages, loss of sales, loss of donations, loss of Gift Aid, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, incidental consequential or special loss, however arising. 

SuperKind’s services are provided on an “as is” and “as available” basis and the use of our Services is at the Charity’s sole risk. SuperKind does not guarantee continuous, uninterrupted, error or virus free or secure access to our Services SuperKind does not enter into conditions, warranties or other terms in relation to our services, and they are excluded to the fullest extent permissible by law.

Data Sharing:The personal information of users (children, parents, schools, teachers, and donors) will be process in accordance with our Privacy Policy. The data that we are able to share with charities includes: the URL to the fundraising page created, the contact details of the adult (parent/teacher) associated with the fundraiser, and the donor details (where consent has been provided).  Donor details will be shared directly with charities via their reports from SuperKind and via Charities Trust within charities’ monthly statement. Under no circumstances will we ever share details (name or email) of the child with any charity or Charities Trust. 

30. Social Impact Award Terms

The Social Impact Schools Award runs between the 1st September and the 31st July date. The current registration fee is shown shown on the Awards page, and is subject to VAT. Eligibility for a reduced or waived fee is solely at the discretion of SuperKind. The award cannot be earned without full payment of the fee (unless the fee has been reduced or waived). The fee is non-refundable. Participating schools are responsible for ensuring that the information that they provide is true to the best of their knowledge. SuperKind has the right to ask for evidence of actions at any point throughout the year. Schools will be informed of whether they have achieved the award by the 1st September. This decision is final and no exceptions will be made for schools who have not met the minimum criteria for the award. 

31. Notices

All queries or notices given by you to us should be made by using one of our Contact Us options, unless written form is required by law. In such case, notices should be given to SuperKind Education C.IC. or SuperKind Children’s Fundraising Ltd, Haskell House, 152 West End Lane, West Hampstead, London, NW6 1SD.

We may give notice to you by posting either on our site, or to the e-mail or postal address you provide to us when making a donation or registering on our site. If we give you notice in your capacity as an account holder and you are a child, the notice will [also] be sent to the parent that has approved your account.

Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail or contact form is sent, or three (3) days after the date of posting of any letter.

In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

32. No waiver

The failure or delay by either you or us to exercise any right or remedy under these terms of use shall not be construed as a waiver of that right or remedy, and it shall not prevent or restrict its exercise at any subsequent time.

33. Entire agreement and severability

These terms of use and any documents expressly referred to in them represent the entire agreement between us in relation to the subject matter and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

If any provision of these terms of use shall be found to be invalid, unlawful or unenforceable, such invalidity, unlawfulness or unenforceability shall not affect the other provisions of these terms of use which shall remain in full force and effect.

If any provision of these terms of use is so found to be invalid, unlawful or unenforceable but would be valid, lawful and enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid.

34. Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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