1. DEFINITIONS AND INTERPRETATION
The following definitions shall apply in this agreement.
an account required for a User to access and/or use certain areas of the Site, as detailed in clause 4;
2. INFORMATION ABOUT US
2.1 The Site, www.info.pogodonate.com, is owned and operated by Raze Online Limited, a company registered in England under 11322604, with registered address is Third Floor, Unit 3, The Exchange, Brent Cross Gardens, London, United Kingdom, NW4 3RJ, trading under the name “POGO”.
2.2 For further details in relation to POGO’s services, please see our FAQ’s here.
ACCESS TO OUR SITE
3.1 Access to the Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access the Site.
3.3 Access to the Site is provided “as is” and on an “as available” basis. POGO may alter, suspend or discontinue the Site (or any part of it) at any time and without notice. POGO will not be liable to you in any way if the Site (or any part of it) is unavailable at any time and for any period.
4.1 Certain parts of the Site (including the ability to purchase services from POGO) may require an Account in order to access them.
4.2 You may not create an Account if you are under 16 years of age. If you are under 16 years of age and wish to use the parts of the Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 POGO requires that you choose a strong password for your Account, consisting of [8 minimum number lowercase characters, 1 minimum number uppercase characters, 1 minimum number digits, 1 minimum number special characters]. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact POGO immediately at [email@example.com]. POGO will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account.
4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and POGO’s obligations under the law, as set out in clause 19.
4.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of the Site requiring an Account for access.
4.8 If you close your Account, any user Content you have created on the Site will be deleted.
5. POGO’S OBLIGATIONS AND DEDUCTION OF FEES
5.1 POGO undertakes to:
5.1.1 use its reasonable commercial endeavours to ensure that Content on the Site in relation to Benefits and Donations is accurate;
5.1.2 pass any Donations made on the Site to the relevant nominated Charity, minus the Platform Fee.
126.96.36.199 Platform Fee is calculated as; POGO Fee (10% of donation) + Stripe’s Fee (1.4% of donation + £0.20)
188.8.131.52 When processing a payment from a non-eu card, the Stripe fee will be 2.9% + £0.20
5.1.3 inform Brands of any relevant Benefits and, to the extent reasonably commercially possible, ensure that such Brands extend all Benefits earned by Users to such Users.
5.2 You acknowledge that the Platform Fee (made up of POGO’s Fee + Stripe’s Fee) will be deducted from any Donations.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 With the exception of User Content (see clause 8), all Content included on the Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by POGO. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
6.2 Subject to clauses 7.3 and 7.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from the Site unless given express written permission to do so by POGO.
6.3 You may:
6.3.1 access, view and use the Site in a web browser (including any web browsing capability built into other types of software or app);
6.3.2 download the Site (or any part of it) for caching;
6.3.3 print page(s) from the Site;
6.3.4 download extracts from pages on the Site; and
6.3.5 save pages from the Site for later and/or offline viewing.
6.4 POGO’s status as the owner and author of the Content on the Site (or that of identified licensors, as appropriate) must always be acknowledged.
6.5 You may not use any Content saved or downloaded from the Site for commercial purposes without first obtaining a licence from POGO (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of the Site for general information purposes whether by business users or consumers.
6.6 Nothing in these Terms limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
7. USER CONTENT
7.1 User Content on the Site includes (but is not necessarily limited to):
7.1.1 advertisements and promotions for Brands and Charities;
7.1.2 details of Benefits;
7.1.3 options in respect of Donations.
7.2 An Account is required if you wish to submit User Content. Please refer to clause 4 for more information.
7.3 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with POGO’s Acceptable Usage Policy, detailed below in clause 14.
7.4 You agree that you will be liable to POGO and will, to the fullest extent permissible by law, indemnify POGO for any breach of the warranties given by you under clause 8.3. You will be responsible for any loss or damage suffered by POGO as a result of such breach.
7.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant POGO an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting the Site. In addition, you also grant Other Users the right to copy and quote your User Content within the Site.
7.6 If you wish to remove User Content from the Site, the User Content in question will be deleted. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of POGO’s reasonable control).
7.7 POGO may reject, reclassify, or remove any User Content from the Site where, in POGO’s sole opinion, it violates POGO’s Acceptable Usage Policy, or If POGO receive a complaint from a third party and determine that the User Content in question should be removed as a result.
8. LINKS TO POGO’S SITE
8.1 Users may link to any page of the Site provided that:
8.1.1 you do so in a fair and legal manner;
8.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on POGO’s part where none exists;
8.1.3 you do not use any logos or trade marks displayed on the Site without POGO’s express written permission; and
8.1.4 you do not do so in a way that is calculated to damage POGO’s reputation or to take unfair advantage of it.
8.2 Framing or embedding of the Site on other websites is not permitted without POGO’s express written permission. Please contact POGO at [firstname.lastname@example.org] for further information.
8.3 You may not link to the Site from any other site the main content of which contains material that:
8.3.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;
8.3.2 promotes violence;
8.3.3 is sexually explicit;
8.3.4 promotes or assists in any form of unlawful activity;
8.3.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
8.3.6 is intended or is otherwise likely to defame, threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
8.3.7 is calculated or is otherwise likely to deceive another person;
8.3.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
8.3.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
8.3.10 implies any form of affiliation with POGO where none exists;
8.3.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
8.3.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
8.4 The content restrictions in clause 8.3 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of clause 8.3. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
9. LINKS TO OTHER SITES
Links to other sites may be included on the Site. Unless expressly stated, these sites are not under POGO’s control. POGO neither assumes nor accepts responsibility or liability for the content of third party sites. The inclusion of a link to another site on the Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
10.1 Nothing on the Site constitutes advice on which you should rely. It is provided for general information purposes only.
10.2 Insofar as is permitted by law, POGO make no representation, warranty, or guarantee that the Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of POGO’s failure to exercise reasonable care and skill, any digital content from the Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
10.3 POGO makes reasonable efforts to ensure that the Content on the Site is complete, accurate, and up-to-date. POGO does not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning products or services for sale through the Site.
10.4 POGO makes all reasonable efforts to ensure that Benefits earned by Donors on the Site are honoured and made available by the respective Brands. POGO does not, however, make any representations, warranties or guarantees (whether express or implied) that any such Benefits will be available, suitable, comply with relevant laws or with representations made on the Site or be fit for purpose.
11. POGO’S LIABILITY
11.1 To the fullest extent permissible by law:
11.1.1 POGO accepts no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Site or the use of or reliance upon any Content (including User Content) included on the Site;
11.1.2 POGO excludes all liability to any User in respect of Benefits, including but not limited to Benefits being unavailable, unsuitable, not complying the relevant laws or not complying with representations made on the Site, or not being fit for purpose; and
11.1.3 POGO excludes all representations, warranties, and guarantees (whether express or implied) that may apply to the Site or any Content included on the Site.
11.2 If you are a business User, POGO accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
11.3 POGO exercises all reasonable skill and care to ensure that the Site is free from viruses and other malware. However, subject to clause 11.2, POGO accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Site (including the downloading of any Content from it) or any other site referred to on the Site.
11.4 POGO neither assumes nor accepts responsibility or liability arising out of any disruption or non-availability of the Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
11.5 Nothing in these Terms excludes or restricts POGO’s liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
12. VIRUSES, MALWARE AND SECURITY
12.1 POGO exercises all reasonable skill and care to ensure that the Site is secure and free from viruses and other malware.
12.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
12.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via the Site.
12.4 You must not attempt to gain unauthorised access to any part of the Site, the server on which the Site is stored, or any other server, computer, or database connected to the Site.
12.5 You must not attack the Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
12.6 By breaching the provisions of clauses 13.3 to 13.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and POGO will cooperate fully with those authorities by disclosing your identity to them. Your right to use the Site will cease immediately in the event of such a breach.
13. ACCEPTABLE USAGE POLICY
13.1 You may only use the Site in a manner that is lawful and that complies with the provisions of this clause 14. Specifically:
13.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
13.1.2 you must not use the Site in any way, or for any purpose, that is unlawful or fraudulent;
13.1.3 you must not use the Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
13.1.4 you must not use the Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
13.2 When submitting User Content (or communicating in any other way using the Site), you must not submit, communicate or otherwise do anything that:
13.2.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;
13.2.2 promotes violence;
13.2.3 is sexually explicit;
13.2.4 promotes or assists in any form of unlawful activity;
13.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
13.2.6 is intended or otherwise likely to defame, threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
13.2.7 is calculated or is otherwise likely to deceive;
13.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
13.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
13.2.10 implies any form of affiliation with POGO where none exists;
13.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
13.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
13.3 POGO reserves the right to suspend or terminate your access to the Site if you materially breach the provisions of this clause 13 or any of the other provisions of these Terms. Specifically, POGO may take one or more of the following actions:
13.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access the Site;
13.3.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;
13.3.3 issue you with a written warning;
13.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
13.3.5 take further legal action against you as appropriate;
13.3.6 disclose such information to law enforcement authorities as required or as POGO deem reasonably necessary; and/or
13.3.7 any other actions which POGO deem reasonably appropriate (and lawful).
13.4 POGO hereby excludes any and all liability arising out of any actions (including, but not limited to those set out above) that POGO may take in response to breaches of these Terms.
14. PRIVACY AND COOKIES
Use of the Site is also governed by POGO’s Cookie and Privacy Policies, available below. These policies are incorporated into these Terms by this reference.
15. CHANGES TO THESE TERMS
15.1 POGO may alter these Terms at any time. Any such changes will become binding on you upon your first use of the Site after the changes have been implemented. You are therefore advised to check this page from time to time.
15.2 In the event of any conflict between the current version of these Terms and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
16. CONTACTING US
To contact POGO, please email POGO at [email@example.com].
17. COMMUNICATIONS FROM US
17.1 If POGO has your contact details (if, for example, you have an Account) POGO may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms, POGO’s Terms of Sale, and changes to your Account.
17.2 POGO will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by POGO include an unsubscribe link. Email marketing options can also be changed by emailing [firstname.lastname@example.org]. If you opt out of receiving emails from us at any time, it may take up to 14 business days for POGO to comply with your request. During that time, you may continue to receive emails from POGO.
17.3 For questions or complaints about communications from POGO (including, but not limited to marketing emails), please contact POGO at [email@example.com].
18. DATA PROTECTION
19. LAW AND JURISDICTION
19.1 These Terms and Conditions, and the relationship between you and POGO (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
19.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.
19.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and POGO relating to these Terms and Conditions, or the relationship between you and POGO (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
19.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and POGO, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.