1. Introductory Note

Welcome to the Wahblo websites Wahblo.com and WillWeMakeIt.com (referred to henceforth as “the Wahblo websites”). Our websites strive to make it easier, more enjoyable and more affordable to give to charity and make the world a better place.

WillWeMakeIt.com is a community of fans and fundraisers which lets you collect sponsorship donations when doing a Challenge to raise money for charity.

Wahblo.com is a marketplace of charity projects which lets you watch the difference you make.

The Wahblo websites let you interact with charities in several ways including donating to specific projects, donating to projects nominated by people doing fundraising activities and taking up opportunities offered by our charities. The Wahblo.com website lets you donate to one or more projects until each reaches its fundraising goal; you receive updates on your projects’ progress and when a project reaches its fundraising goal, your monthly donation for that project goes towards the next project on your Wish List. The WillWeMakeIt.com website lets you create a fundraising profile to collect sponsorship donations from friends.

The Wahblo websites are owned by the social enterprise Wahblo Limited, founded by a Big Boost grant from the lovely people at the National Lottery and UnLtd, the foundation for social entrepreneurs. Wahblo is run by Mr. Matt ‘Choo’ Kepple. By continuing to use the Wahblo websites you are agreeing to the following Terms & Conditions:

2. What’s covered in these Terms & Conditions?

• Use of Wahblo websites
• Liability
• Acceptable usage
• Intellectual property
• Privacy policy
• How donations on Wahblo work
  • The charities
  • The process
  • Gift Aid
  • The bank fees
  • The Wahblo 3p
  • What the charity receives
• Termination of the Agreement
• Registered offices

2. Use of Wahblo websites

The Wahblo websites are provided to you free of charge for your personal use subject to these Terms and Conditions. By using Wahblo websites you agree to be bound by these Terms and Conditions.

To register on the Wahblo websites you must be over thirteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. Any use of Wahblo by people under the age of thirteen should be under the accompaniment of a responsible adult. You are advised to think carefully before publishing or sharing any personal details (address, telephone number, email or any other details which could be used to identify you) on the Wahblo websites. You must use your real name at registration. You can be creative when creating names for your Challenges and Fundraising Profiles.

3. Amendments to Wahblo websites

We may update these Terms and Conditions from time to time. When we do, we will indicate the date these Terms and Conditions were last updated.

4. Intellectual Property

Wahblo Limited expressly reserves and asserts its copyrights.

All images, logos and text related to projects and charities on the Wahblo websites are owned by Wahblo or its clients. Should you wish to use them on external websites or on any other material or medium (printed, digital, video, TV, audio, broadcast) we request that you obtain permission from the charity owning the content. (It is likely that the charity will be keen for you to promote them but there may be situations where this is not the case).

5. Privacy Policy

On the Wahblo websites you control your privacy. If you wish to remain anonymous as a donor, you can choose to do so. We respect your privacy. Aside from the information about you which is publicly accessible (your name, photograph, projects you support, projects on your Wish List, your Recommended projects, friends, groups and any other user generated content, e.g. comments) we keep your details private with the exception of your address which you provide for Gift Aid purposes. Your address may be required by HM Revenue & Customs when doing an audit and in this situation the address you provide will be supplied to HM Revenue & Customs and to the charities which are being audited. When your address is supplied to charities on these occasions, the charities are contractually obliged not to use your address for marketing purposes or any purpose other than fulfilling the requirements of the audit.

We do not give charities your personal details for marketing purposes unless you ask us to in your own Privacy Settings.

We do not sell, rent or even freely give your details to other parties, companies or individuals.

6. How donations on the Wahblo websites work

The Charities

Projects on the Wahblo websites are run by charities registered by the Charity Commission (The Regulator for Charities in England and Wales) and by OSCR (The Office of the Scottish Charity Regulator).

www.charitycommission.gov.uk
www.oscr.org.uk

The Donation Process

WillWeMakeIt.com
You view a Fundraising Profile
You press Donate or £1 Vote
You choose the amount you wish to donate
You are taken to a secure payment page
You make a donation

Wahblo.com
You choose one or more projects
You choose how much you want to donate to each project each month
Your String shows the total donation you are making that month
You confirm your credit or debit card details. These are stored by our secure payment processing partner Charity Technology Trust whose clients include the NSPCC and RSPCA.
A monthly recurring card payment is setup on your debit or credit card. This means that your card will make a donation to Wahblo every month. The amount donated each month will be the amount that you have chosen to donate.

Gift Aid

If you are a UK tax payer the UK Government will boost your donation by 28%, i.e. 28pence for every £1 you donate. I like it. You like it. The charities go ecstatic! If you are not a tax payer, get a job! Only joking! Stop evading tax! Only joking! Enjoy studenthood! You’re not a student? That’s cool, you are a charity legend, peace be with you!

Banking Fees

We currently use PayPal so we can accept UK and international donations securely. PayPal’s fee is 3.4% of your donation plus 20pence.

Service Fees

Wahblo’s service fee is 3% of the net donation, i.e. not including the Gift Aid. Considering charities can spend 25% on fundraising – according to www.charityfacts.co.uk – this represents a hearty saving which makes fundraising cost effective. The service fee pays for the ongoing website development, accounting, back office costs, marketing and innovation which drive the Wahblo websites.

The amount received by the charity

On a £20 donation by a UK tax payer, the charity will receive £24.16.
If the £20 donation is by a non-UK tax payer, the amount received by the charity is £18.52.

	£20 donation with Gift Aid	£20 donation without Gift Aid
Gift Aid (28% of donation)	£5.64 added	Nil
PayPal Fee (20pence + 3.4% of net donation)	88pence deducted	88pence deducted
Wahblo Service Fee (3% of net donation)	60pence deducted	60pence deducted
Amount received by the charity	£24.16	£18.52

At the time of writing, the Wahblo websites are more cost effective than the more basic fundraising websites which people used to use back in the day.

7. Acceptable usage of Wahblo websites and your account

Project passion

We love passion for projects on Wahblo. But Wahblo is a place for you and your friends to support projects you care about, not a place where people get requests from ‘randoms’ to support projects. So please do not go on a spree of contacting people you do not know and asking them to donate to projects. Failure to resist this urge will result in your account with Wahblo being terminated. Likewise, do not invite users on the Wahblo websites whom you do not know to sponsor you when you are doing a Challenge to raise money for charity. If you invite users of the Wahblo websites whom you do not know to donate or £1 Vote on your Fundraising Profile, your account with Wahblo will be terminated.

Abusive Language

People of all ages and backgrounds use Wahblo so we prefer you not to use abusive language on Wahblo websites. Use of abusive language in these areas will result in suspension or termination of your account.

Indecent Photography

People of all ages and backgrounds use Wahblo so you may not upload indecent imagery such as child pornography, pornography or images containing nakedness. Failure to adhere to this may result in suspension or termination of your account.

8. Termination of the Agreement

You have the right to terminate your account with Wahblo at any time. In the event that you terminate your account, your account details will be deleted from Wahblo’s computer database.

Wahblo has the right to terminate its account with you at any time. Breach of the Acceptable Usage clause will render the Agreement immediately terminated.

9. Password and security

When you register to use the Wahblo websites you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should change it immediately.

If Wahblo has reason to believe that there is likely to be a breach of security or misuse of the Wahblo websites, we may require you to change your password or we may temporarily suspend your account.

10. Wahblo's liability

The Wahblo websites are provided by Wahblo without any warranties or guarantees. You must bear the risks associated with the use of the Internet. Wahblo accepts no liability if your computer is damaged in the course of using the website

The Wahblo websites may provide content from other Internet sites or resources and while Wahblo tries to ensure that material included on the Wahblo websites is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Wahblo will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with Wahblo websites. If Wahblo is informed of any inaccuracies in the material on the Wahblo websites we will attempt to correct the inaccuracies as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

• incompatibility of the Wahblo websites with any of your equipment, software or telecommunications links
• technical problems including errors or interruptions of the Wahblo websites
• unsuitability, unreliability or inaccuracy of the Wahblo websites
• inadequacy of the Wahblo websites to meet your requirements

Charities

While Wahblo has taken steps to ensure that the charities using its service are operating above board – for example, we ensure that they are all registered with the UK Charity Commission – Wahblo will accept no liability for charities’ staff members who break the law or act fraudulently. Should Wahblo discover that any charity has staff members which are acting fraudulently, Wahblo will take the necessary steps to freeze any donations in transit, investigate the solution and/or immediately terminate the charity’s account on Wahblo. In the event that a charity’s donations are frozen in transit and the charity is found to have been acting fraudulently, Wahblo reserves the right to distribute those donated funds to one or more other charities on Wahblo.

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Wahblo websites.

The Wahblo websites may be temporarily unavailable from time to time for maintenance or other reasons. Wahblo assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, communications. Wahblo is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Wahblo websites, including without limitation any Mobile Client software. Under no circumstances will Wahblo be responsible for any loss or damage, including any loss or damage to any of your content or personal injury or death, resulting from anyone's use of the Wahblo websites, any User Content or Third Party Applications, Software or Content posted on or through the Wahblo websites or transmitted to Users, or any interactions between users of the Wahblo websites, whether online or offline. ??Wahblo reserves the right to change any and all content, software and other items used or contained in the Wahblo websites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, charity, project, challenge or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Wahblo.

11. Limitations

You may not use the Wahblo websites for any of the following purposes:

• disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
• transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
• gaining unauthorised access to other computer systems
• interfering with any other person's use or enjoyment of the Wahblo websites
• breaching any laws concerning the use of public telecommunications networks
• interfering or disrupting networks or web sites connected to the Wahblo websites
• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner

Wahblo reserves the right to refuse to post material on the Wahblo websites or to remove material already posted on the Wahblo websites.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

• any claim by any third party that the use of the Wahblo websites by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of the Wahblo websites by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
• any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Wahblo websites by you.

12. Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.

13. Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and Wahblo ignores this, Wahblo will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

Wahblo shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

14. Third Party Websites

As a convenience to users of the Wahblo websites, the Wahblo websites include links to other web sites or material which are beyond its control. Wahblo is not responsible for content on the Internet or World Wide Web pages on any other site outside Wahblo websites.

15. Submitted content

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about Wahblo, its charities and those charities’ projects and initiatives, provided by you are non-confidential and shall become the sole property of Wahblo and/or the relevant charity. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

16. International Use

Believe; we are keen to launch local Wahblo websites internationally but until that time, Wahblo makes no promise that materials on Wahblo websites are appropriate or available for use in locations outside the United Kingdom, and accessing Wahblo websites from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so of your own initiative and are responsible for compliance with local laws.

17. Challenges

Wahblo does not endorse any Challenges created on the Wahblo websites. If you enter a Challenge, you do so at your own risk. You acknowledge that in accordance with the statement below, Wahblo has taken sufficient steps to prevent the death, physical injury, mental injury and loss of property to you and your team mates in any Challenge you participate in through the Wahblo websites.

If you create a Challenge on the Wahblo websites, you hereby agree to transfer all responsibility for death, physical injury, mental injury and loss of property which the Challenge’s fundraisers may face onto your own contract with your fundraisers. As a creator of a Challenge you hereby agree to ensure that all of your fundraisers and their team mates and anybody else involved with your Challenge fully appreciates the risks that participation in the Challenge will expose them to, and understands that Wahblo is not liable for the death, physical injury, mental injury and loss of property of participants in your Challenge.

If we feel that a Challenge you create is inappropriate or in conflict with our interests and objectives, commercial or otherwise, we reserve the right to refuse to publish your Challenge on WillWeMakeIt.com without disclosing to you the details of the reason. The publishing of your Challenge on WillWeMakeIt.com is not your right. By using WillWeMakeIt.com you accept that a Challenge you create may be refused publishing.

If a Challenge is cancelled or the person whose Fundraising Profile you are donating through does not take part in the Challenge, your donation will still be passed on to the charity. You will not be eligible for a refund.

18. Registered Offices

Wahblo Limited Registered Office 9 Crichton Avenue, Wallington, Surrey, SM6 8HL. England

Last update: 12/04/2008 © Wahblo 2008