Terms of Service

About these terms (“Terms”)

Sustainably is an online micro-donation platform and ecosystem which enables individuals to make small round-up donations to good causes on everyday purchases.

This document sets out the terms of service for use of the Sustainably micro-donating service (“Service”).

By registering to use the Service you are entering into a legally binding agreement with us based on these Terms, including the terms of our Privacy and Data Use section set out in Part II below (collectively referred to as the “Agreement”). If you do not agree to these Terms, please refrain from using our Service.

Who we are

Sustainably Ltd. is a limited liability company incorporated in Scotland. Our company number is SC521865, and our registered office is at Bright Red Triangle, 10 Colinton Road, Edinburgh, United Kingdom, EH10 5DT.

About the Service

Our Service allows you to make micro-donations when using a registered debit or credit card, whether as round-up on purchases or as a single payment, (“Donations”) to specified charities listed on the Service (“Charities”).

If your employer has registered to use our subscription service, then every time you make a Donation, your employer will donate a percentage of your Donation or pay a fixed amount to your Charity on your behalf (“Matching Payment”).

If a retailer has signed up to use our subscription service and you make a purchase from the retailer that results in a Donation, then the retailer will make a Matching Payment on your behalf.

We reserve the right to amend these Terms from time to time and will email to alert you to our new terms or notify you of the change when you next use the Service. Your continued use of the Service will be deemed to be acceptance of any new terms.

Your obligations

You must comply with the terms of the Agreement as set out in these Terms

  • To qualify to use the Service you must meet the following criteria, and accordingly you warrant that you: are over 18; have full authority to enter in this Agreement; are not currently restricted from using the Service; shall not infringe our rights, including intellectual property rights we may have in our Service; and shall only submit information that you are entitled to submit, which is accurate and not confidential
  • You shall keep your password secure for use of the Service and not permit others to use the account which is created to access the Service (“Account”). You are responsible for anything that happens through your Account until it is closed down unless the account security has been compromised through no fault of your own. If you discover any unauthorised use of your Account you must promptly let us know. 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 opinion you have failed to comply with any of the provisions of these Terms.
  • You must comply with our Acceptable Use policy as set out below.
  • You agree to indemnify us against all damages, losses and costs which we incur due to your failure to comply with this Agreement.

Acceptable Use

  • You must not store or transmit any material during the use of the Site that is unlawful, dishonest, threatening, defamatory, obscene, discriminatory or is racially offensive.
  • You must not send or transmit any material which infringes any third party intellectual property rights.
  • You should not create a false identity or submit inaccurate, false or misleading information.
  • You should not transmit any unsolicited advertising such as spam or junk mail.
  • You should not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
  • You must not attempt to gain unauthorised access to the server on which our Service runs or any server, computer or database connected to our Service.

Your rights

On condition that you comply with your obligations under the Agreement, we grant you a limited, non-exclusive, non-transferable licence to access the Service and use the Service in accordance with this Agreement.

Fees and Payment

Fees

Use of the Service is free for individual users. However, we will take a 5% commission (“Commission”) from each Donation. For example, if you donate £10 to your chosen charity, we will take 50p commission and your charity will receive £9.50, minus payment transfer fees (currently via Stripe).

Where you are eligible and have made a gift aid declaration, we will seek to claim gift aid in respect of your Donation and pass the gift aid payment to the relevant Charities in addition to your Donation and your gross donation will be subject to 5% fee and payment transfer fees (currently via Stripe).

Payment

You authorise us to make payments of all Donations on your behalf.

You have complete control over the Donations that you make. You make payments to your chosen charities via a ‘round-up’ amount (“Round-ups”) on your registered debit or credit card (“Registered Card”) so that each time you make a purchase using the Registered Card, you will automatically donate the agreed Round-up to benefit your chosen Charities. The amount of the Round-up is a variable amount which will bring the total of your relevant purchase to a round figure (e.g. to the nearest £1, so that a purchase of £13.90 would result in a donation of 10p).

We use secure payment platform Stripe (https://stripe.com) for payment processing from your Payment Card. When you make a purchase using your Registered Card, we will process the Round-up via Stripe and when the total of your Round-ups reaches £5.00 (the “Minimum Amount”) we will take a payment from your Payment Card, and this will be done on a rolling basis every time your donations reach £5.00.

Cancelling Your Account

To cancel your Account, please contact us at hello@sustainably.co

Cancellations and Refunds

We cannot refund any Donation that you have already made, as we process Round-Ups automatically. This means that if you have set up a Round-Up and subsequently make a purchase using your Registered Card, we cannot refund you the relevant Round-Up amount, even if you later return or are refunded the item which you purchased. However, you may manage your Donations via the web portal and pause payments at any time. If you pause or cancel your payments before making the relevant purchase, we will not process the Round-Up

Our rights in the Service

We own or validly license all intellectual property rights in our Service, and in the material published on it. Except to the extent set out in the Agreement, or otherwise agreed in writing between us, you are not permitted to use such intellectual property rights.

Availability of Service

We shall use commercially reasonable endeavours to make the Service available 24 hours a day, seven days a week, except for planned or unplanned maintenance. We will try and ensure all maintenance is not carried out during office hours and to give you as much advance notice of any maintenance as we can.

We will endeavour to respond to all support queries within two working days (based on UK time).

You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres. We are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.

Disclaimer of Warranties

The Service is provided on an ‘as is’ and ‘as available’ basis and to the extent permitted under Scots law, without warranties of any kind. In particular we make no warranty that the Service will meet your requirements or expectations or that it will be error free.

Liability

Non-exclusion

We do not exclude or limit in any way our liability for:

  • death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
  • fraud or fraudulent misrepresentation;
  • or any other loss which cannot be excluded under the laws of Scotland.

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If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.

We only supply the Service for your personal use. You agree not to use the Service for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Although we take care to list Charities that we feel are most likely to make a significant impact so that Users are more easily able to track the impact of their Donations, we ultimately have no control over any of the Charities and have no liability for their acts or omissions.

This section shall survive termination of the Agreement.

Indemnity

You agree to indemnify us against all claims, loss or damage which we sustain or are likely to sustain as a consequence of your breach of the Agreement.

General

If we choose to waive any particular right we have under the Agreement on any particular occasion this does not prevent us from exercising that right on another occasion.

If any part of the Agreement is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Agreement.

You are not entitled to transfer or assign your rights and obligations under the Agreement to anyone else without our prior written permission.

If there are any disputes arising out of your use of the Service or relating to the Agreement then these will be governed by the laws of Scotland and subject to the non-exclusive jurisdiction of the Scottish Courts.

Part II – Privacy and Data Use

  1. Scope of Policy

  2. This Privacy Policy applies to your use of the Service once you have registered to use the Service, which you may do on your mobile device (“Device”).

  3. This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
  4. For the purpose of the Data Protection Act 1998, we, Sustainably Limited, are the data controller.
  5. Information we may collect about you

  6. We may collect and process the following data about you:

    • Submitted Information – this is information you give us about you when you register for the Service, make a gift aid declaration or by corresponding with us. The information you give us may include your name, address, e-mail address and phone number, the Device's phone number, age, username, password and other registration information, [payment instrument information], personal description and photograph.
    • Device Information – this is the technical information we automatically collect from your Device when you use the Service including the type of mobile device you use, a unique device identifier (for example, your Device's IMEI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, and time zone setting.
    • Location Information – this is the GPS technology information we use to determine your current location. Some features of our Service require this personal data for the feature to work. You can turn off this functionality at any time by turning off the location services settings on the Device but doing so will not enable you to use the Service properly for these features. If you use these features, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
    • Account Information – this is the information on the use of your Account, your Donations and the transactions to which the Donations relate (“Transactions”) related to your use of the Service, including Transactions data you have authorised us to receive from third parties (such as Monzo and Yodlee).
    • Visual Information – this is the photograph or logo which you provide us with for use with your Account, and together with any image from your Device which we may take in relation to a Transaction.
  7. Use of information

  8. We use information held about you in the following ways:

    • we use Submitted Information as part of the security procedures in relation to a Donation you authorise;
    • we use Device Information to tie the Device to the User of the Device and the related Account;
    • we use Location Information to track the location and time of a Donation and Transaction for the purposes of security and prevention and detection of fraud;
    • we use Account Information to be able to remit Donations to Charities in relation to your use of the Service, to reclaim gift aid or request a Matching Payment on your behalf and in order to analyse it for the purposes of making recommendations to you. We also use Account Information for the purposes of statistical analysis of the use of our Service, including the creation of anonymised data which we may use at our discretion; and
    • we use Visual Information which you provide us with in relation to the operation of your Account and we may use Visual Information which we obtain from your use of the Device as an additional security measure in relation to the use of the Service.
  9. We do not retain the account details for your Payment Instruments or any other Submitted Information other than username, password, email address and phone number as all other Submitted Information is used to create an encrypted token and then deleted.
  10. Disclosure of your information

  11. We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.
  12. We may disclose your personal information to third parties:

    • in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
    • if Sustainably Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
    • if we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request; and
    • in order to protect the rights, property or safety of Sustainably Limited our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
  13. Where we use the services of third parties in relation to our Service, such third parties will be entitled to use your personal information but this is only to the extent necessary for such third parties to provide those services to us. For example, your user name, password and other log-in information will be available to Heroku Inc. as we use their cloud development platform technology (www. Heroku.com) in providing our Service. However Heroku have no express rights to use this information, and we do not pass this information to Heroku. Heroku's visibility of this information is limited to the extent necessary for them to provide their technology platform services to us

    • Where we store your personal data

  14. All personal information you provide to us is stored on our secure servers. All transactional activities are encrypted. Where we have given you (or where you have chosen) a password that enables you to access the Service, you are responsible for keeping this password confidential.
  15. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with the terms of this Privacy and Data Use section .
  16. Your rights

  17. You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise the right at any time by contacting us at hello@sustainably.com.
  18. The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.