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terms & conditions

Subject to these Terms of Service, as amended from time to time (“Terms of Service”), ListWish Ltd. (ListWish) provides (a) the ListWish platform to you through its website at www.ListWish.co.uk and attendant mobile applications (the “ListWish Platform”) and related services. ARBITRATION, JURY TRIAL, AND CLASS (GROUP) ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE LISTWISH SERVICES YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS (GROUP) ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT. We reserve the right, at our sole discretion, to change or modify parts of these Terms of Service at any time. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision. Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services. In addition, when using the Services, and unless you are in European Economic Area, the United Kingdom, and Switzerland (“Europe”), you will be subject to additional applicable policies including without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service (provided, however, these Terms of Service will take precedence in the event of conflict). We shall resolve any such conflicts in our sole discretion, and all of our determinations are final.

ACCESS AND USE OF THE SERVICES

ListWish Services Description: The ListWish Services are offered as a platform to allow an individual, entity or non-profit organisation (the “Organiser”) to post a fundraising campaign (“Fundraiser”) to the ListWish Platform to accept monetary donations (“Donations”) from donors (“Donors”). Neither the Organiser nor the Fundraiser will provide goods or services in exchange for Donations. Payment Processor: ListWish is not a payment processor and does not hold any funds. Instead, ListWish uses third-party payment processing partners to process Donations for a Fundraiser(“Payment Processor”). You acknowledge and agree that the use of Payment Processors are integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of Services. All donations will be delivered directly into the fundraiser bank account. No fees will be taken at point of transaction by ListWish Ltd. Transaction Fees: Although there are no fees to set up a Fundraiser, please keep in mind that transaction fees, including credit and debit charges, are deducted from each donation (hereinafter and on the website referred to as “Transaction Fees”). The Services are platforms; We are not a Broker, Financial Institution, Creditor or Charity: The Services are administrative platforms only. ListWish facilitates the Fundraiser of the Organisers and permits Donors to make donations to these Fundraisers. ListWish is not a broker, agent, financial institution, creditor or 501(c)(3) non-profit corporation. All information and content provided by ListWish relating to the Services is for information purposes only and ListWish does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to serve as financial, legal, tax or other professional advice. You acknowledge that all information and content accessed by you using the Services is at your own risk. ListWish has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Fundraiser will obtain a certain amount of Donations or any Donations at all. We do not endorse any Fundraiser, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Fundraiser. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User, Fundraiser, or event. Solicitation: The ListWish is offered to help Organisers raise money. ListWish merely provides the technology to allow Fundraisers to connect with Donors. The existence of the Services is not a solicitation of donations by ListWish, and ListWish does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organisation without prior agreement. By using the Services, you understand and agree that ListWish shall not be responsible for the use of your Donations or the amount of funds raised for the User, Fundraiser, or event. Text messages: When setting up your ListWish account, if you click “Send code” by “Text Message”, you agree to receive automated text messages from or on behalf of ListWish at the phone number provided. You can reply STOP to such text messages to cancel. Message frequency will vary. Message and data rates may apply. Donors: All Donations are at your own risk. When you make a Donation through the Platform, it is your responsibility to understand how your money will be used. ListWish is not responsible for any offers, promises, rewards or promotions made or offered by Users or Fundraisers; such conduct violates these Terms of Service. We do not and cannot verify the information that Users or Fundraisers supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Fundraiser or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. You can learn more about our Fraud Policy.
  1. Donors are not permitted to impose restrictions on the use of Donations by a Charity or Event Organiser (defined hereinafter). Organiser, any such directions shall constitute non-binding recommendations only and the Charity or Event Organiser shall have full discretion to determine how all Donations will be used.
  2. ListWish makes no representation as to whether all or any portion of your Donations, including, if any, Transaction Fees, are tax deductible or eligible for tax credits. ListWish will have no liability for any claim by any national, federal, state, regional, provincial, territorial, local or any other tax authority with respect to the characterisation on any applicable tax return of any Donation by you, any User or any Charity. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction.
  3. Donors shall provide ListWish with such information as is required to enable the issuing of an official Donation receipt. Donor acknowledges and agrees that, in accordance with the Privacy Policy, some of Donor’s personal information will be shared with the Charity/Organisation to which such Donor makes a donation (including without limitation as part of a Donor List, as set forth above) and may be used by such Charity/Organisation in accordance with the Charity/Organisation’s Privacy Policy. ListWish is not responsible, and shall not be liable, for any Charity’s use of any Donor information.
Organiser: You, as an Organiser, represent, warrant, and covenant that (i) all information you provide in connection with a Fundraiser or Beneficiary is accurate, complete, and not likely to deceive reasonable Users; (ii) all Donations contributed to your Fundraiser will be used solely as described in the materials that you post or otherwise provide; (iii) if you withdraw donations believed by reasonable Donors to be raised on behalf of someone other than you (i.e. the Beneficiary), all Donations will be given to and/or spent on behalf of the Beneficiary; (iv) if you add a Beneficiary through the Services, you relinquish control of the Donations, including the ability to issue refunds; (v) you will not infringe the rights of others; (vi) you will comply with all relevant and applicable law and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions, and asset disclosures for your Fundraiser; (vii) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us; and (viii) you will not provide goods or services in exchange for Donations. You authorise ListWish, and ListWish reserves the right to, provide information relating to your Fundraiser to Donors, beneficiaries of your Fundraiser or law enforcement, and to assist in any investigation thereof. If you are under 16 years of age, you are not authorised to use the Services. You acknowledge and agree that the use of third-party Payment Processors are integral to the Services and that we exchange information with such third parties in order to facilitate the provision of Services as set out in our Privacy Policy.
  1. Chargebacks and Refunds. Occasionally, a Donor may dispute a credit card charge for a Donation through the Services.
    1. The applicable Charity expressly agrees that it will be responsible for paying ListWish the full amount of any Donation refund commission due to a Donor reneging . ListWish may elect to offset a future Donation rather than requesting that the Charity return the refunded Donation.
  1. Receiving Funds. As a Charity, receipt of Donations, minus any applicable Transaction Fees, is based upon and subject to the applicable Payment Processor’s procedures and terms. Available Processors are described under “Payment Processors for Charities on  Charity Platform” below. ListWish is not a payment processor and does not hold funds.
  2. ListWish does not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable international, national, federal, regional, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).
    1. Reliance on Information Provided.  Charity will rely wholly on the information provided by the Charity or its representatives in order to prepare official Donation receipts, as well as information supplied to it by Donors when making Donations.  Charity is not responsible to verify any information provided to it by the Charity, any representative of the Charity, or any Donor. The Charity acknowledges this and agrees that  Charity shall not be responsible for any incorrect information included on an official Donation receipt, or for any tax or regulatory consequences resulting from the provision of incorrect information by the Charity, any representative of the Charity, or any Donor.
    2. Form of Receipt. A Charity on behalf of which ListWish issues official Donation receipts may at any time request a copy of the form of receipt being issued .

Ownership of Donor Lists and Data

  1. ListWish Platform. As between ListWish and Charity using the ListWish Platform, Charity may request Donor Lists (defined below) and Donor Data (defined below) for compliance and transactional purposes.
  2. As between ListWish and Charity using the Charity Platform, with respect to Donor lists and Donor Data that ListWish has received exclusively by means of a donation to such Charity and by no other means, and to the extent permitted by the Privacy Policy and applicable law, Charity shall own the Donor Data of Donors who have provided a Donation to Charity, including contact information of such Donors; provided, however, that Charity grants to ListWish a worldwide, non-exclusive, royalty-free, perpetual licence to use Donor Data for the following purposes: (a) to provide the Services, including account administration and processing donations; (b) to enforce our agreements; (c) fraud prevention, safety, security, and compliance with law; (d) to respond to law enforcement requests; (e) research and analytics; (f) to customise, adjust, and improve the Services; and (g) to develop new services. “Donor Data” shall mean a Donor’s name, address, email address, donation amount, date of transaction, transaction identification number, name of the project, and event associated with the Donation. THE LIST OF DONORS WHO CONTRIBUTE TO A CHARITY’S FUNDRAISER OR EVENT CONDUCTED THROUGH THE SERVICES (“DONOR LISTS”) ARE PROVIDED “AS IS”, AND LISTWISH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY DONOR LIST OR ANY INFORMATION CONTAINED THEREIN. By using these Services, all Donors consent to the disclosure of such Donor Lists and Donor Data described in this Section.
Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority. GoogleMaps: This site uses the Google Maps feature and content, which is subject to the then-current versions of the (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/. Modifications to Services: ListWish reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

Content Manifestly Made Public by the User.

Public Content; Public Display of Information and Donations: Some of your activity on and through the Services is public, such as content you post publicly on the Platforms (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients) (“User Content”). Additionally, user profile information, including your first and last name, public email address, organisation, personal biography, and other information you enter in connection with your user profile may be displayed to other users to facilitate user interaction within the Services. For example, as an Organiser, you might post your personal data – such as information about a recent hospital stay – which data might be considered sensitive data. In addition, as a Donor, you have the option to publicly display your Donation for all to see, including on search engines (like Google and Yahoo). To keep the details of your Donation private from the general public, simply click the “Private” tickbox during the Donation process. Please remember that if you choose to provide information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. Please see our Privacy Policy for information on the ways that we may collect, use, and store certain information about you and your use of the Services. Other Information: Please be advised that User Content and other information, solicited or unsolicited, that you provide to ListWish may be publicly accessible, such as information you post in forums, comment sections or in response to surveys we may send out. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, “Other Information”). By sending us Other Information, (a) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Other Information; (b) you acknowledge that we may have something similar to the Other Information already under consideration or in development; (c) you agree that ListWish will be entitled to the unrestricted use and dissemination of the Other Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (d) you represent and warrant that you have all rights necessary to submit the Other Information; (e) to the extent necessary, you hereby grant to ListWish a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and licence to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Other Information, and to sublicense the foregoing rights; and (f) you irrevocably waive, and cause to be waived, against ListWish and its users any claims and assertions of any moral rights contained in such Other Information. This Other Information section shall survive any termination of your account or the Services. You acknowledge and agree that ListWish may preserve Other Information, as well as User Content, and may also disclose your Other Information or User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ListWish, its users or the public. Events on the  Charity Platform: Services enables Charities to offer and users to register for events, such as marathons, walks, rides, and other similar events (collectively, “Events”) which may require a registration fee, as determined by the organisers of these events (“Event Organisers”). Event Organisers may establish a page on the Charity Platform that provides details about their Event and provides the ability to collect Event registration fees through  Charity Services. Event Organisers shall be solely responsible for such Events, including but not limited to any participation requirements, obtaining any and all necessary permits and waivers, and ensuring such Event complies with applicable law. Event Organisers shall be solely responsible for determining the amount of Event registration fees and providing any associated discounts, promotions or refunds.
  1. Fees. Event Organisers that use the Charity Services to process Event registrations agree to pay ListWish a Transaction Fee for each Event registration as set forth in our Non-profit pricing.
  2. Receipt of Registration Fees. Receipt of registration fees, minus any applicable Transaction Fees, is based upon and subject to the Payment Processor’s procedures and terms.
  3. ListWish does not withhold funds for tax purposes or otherwise. Event Organisers will be solely responsible for taxes based on applicable international, national, federal, regional, state, local or any other taxes or levies.
  4. Chargebacks and Refunds. Occasionally, an Event Registrant may dispute a credit card charge for a Donation through the  Charity Services. All refunds for event registrations are handled by Event Organisers. ListWish is not responsible for handling or communicating an Event Organiser’s refund policy or processing refunds, including without limitation for any errors processing a refund, the failure to provide a refund, the failure of an Event Organiser to communicate about a refund, or any chargebacks related to a refund. Donors should contact an Event Organiser concerning a refund. Event Organisers agree to deal exclusively with Event registrants concerning refunds.
Data Retention: You acknowledge that ListWish has no obligation to you to retain data relating to any account or Fundraiser. You acknowledge that ListWish reserves the right to delete data or to terminate accounts or Fundraisers at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. The foregoing does not apply to Fundraisers or accounts started by Charities on either Platform, in which case ListWish will provide reasonable notice where possible.
  1. or entity, misrepresent a Charity or Campaign through the Services, or post User Content in any inappropriate category or areas on the Services;
  2. not create any liability for ListWish or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
  3. not to engage in any conduct that, in ListWish’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Services;
  4. not to interfere with or disrupt any servers or networks used to provide the Services or their respective features, or disobey any requirements of the networks ListWish uses to provide the Services;
  5. not to gain unauthorised access to the Services, or any account, computer system, or network connected to these Services, by any unauthorised or illegal means;
  6. not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
  7. not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted;
  8. not to, on the  Charity Platform, engage in advertising or commercial solicitation of any product or service without ListWish’s written consent, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted;
  9. undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
  10. attempt to undertake indirectly any of the foregoing.
Additionally, with respect to all Donations you make or accept through the Services, you agree:
  1. not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent;
  2. to maintain a copy of all electronic and other records related to Fundraisers and Donations as necessary for ListWish to verify compliance with these Terms of Service and make such records available to ListWish upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
  3. at ListWish’s request, including without limitation in case of investigations by ListWish, a payment processing partner, or a regulatory or governmental authority, to fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
ListWish reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, business partners, the public, or ListWish, or that expose you, ListWish, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services.

Donor Conduct

Donations: In order to contribute to a Fundraiser or to a Charity, a Donor will be required to provide ListWish information regarding the Donor’s credit card or other payment instrument (“Payment Instrument”) that is linked to the Donor’s account on the Services (a “Billing Account”). You, as a Donor, represent and warrant to ListWish that such information is true and that you are authorised to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donations are final and will not be refunded unless ListWish, in its sole discretion, agrees to issue a refund, for example in accordance with the ListWish Guarantee. ListWish uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Fundraiser, the Donor agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to any and all applicable terms set forth by our payment partners (currently Stripe), in addition to these Terms of Service, including  Stripe’s terms of service. Recurring Donations: Donors may have the option to contribute recurring period Donations (your agreement to make the Donations on a recurring basis, a “Donation Subscription” and each individual Donation made in connection with a Donation Subscription, a “Donation Instalment”), and in electing to contribute on a recurring basis, you, as a Donor hereby acknowledge that Donation Subscriptions automatically renew and have a recurring payment feature, and that unless and until you opt out of the auto-renewal of the Donation Subscription, which can be done through the Platforms, any Donation Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the initial term originally selected. In connection with each of your Donation Subscriptions, you (i) hereby authorise ListWish to bill your Payment Instrument in the amount of the applicable Donation Instalments in advance on a periodic basis until you terminate such periodic payments by opting out of the Donation Subscription, (ii) accept responsibility for payment of all Donation Instalments occurring prior to opt out and (iii) agree to promptly update your Billing Account with any changes (for example, any changes related to your Payment Instrument, such as a change in your billing address or credit card expiration date). Changes to or termination of Donation Subscriptions or Donation Instalments will apply only to Donation Instalments that take place after ListWish receives notice of such change or termination. ListWish does not provide refunds of any amounts received in connection with previously made Donation Instalments. Additionally, by enrolling in any Donation Subscriptions, you acknowledge and agree for any and all such Donation Subscriptions, that (a) the ongoing maintenance and operation of Donation Subscriptions and each Donation Instalment are the sole responsibility of, and subject to the sole discretion of, the individual or entity responsible for managing and receiving the Donation Subscription (e.g. the applicable Fundraiser Organiser or Charity), (b) individual Donation Instalments may not be tax deductible, even if previous Donation Instalments for the same Donation Subscription were, and the amount of each Donation Instalment that is tax deductible may vary, (c) one or more specific Donation Instalment may not be provided to or received by the applicable cause, charity or Fundraiser if such cause, charity or Fundraiser becomes unavailable, unable to accept Donations, or chooses to stop receiving Donations, which may occur for various reasons, such as if the cause, charity or Fundraiser becomes subject to an investigation or is suspended or removed from the Services by ListWish or (d) the amounts actually received by the applicable Fundraiser, Charity or cause may differ from one Donation Instalment to the next (for example, if the Transaction fees associated with the Donation Instalment change). Your non-termination of a Donation Subscription reaffirms that ListWish is authorised to charge your Payment Instrument for the Donation Subscription in accordance with these terms. This does not waive our right to seek payment directly from you.

Organisers, Beneficiaries or Charities

Donations from a Fundraiser: While ListWish strives to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and ListWish does not guarantee that Withdrawals will be available to you within any specific time frame, and ListWish expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as an Organiser, are responsible for ensuring that the information you provide to ListWish in order to process a Withdrawal, including your bank account information, is accurate and up to date. ListWish may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Donation(s) with or without consulting with you, which may comprise the entire amount donated to your Fundraiser. ListWish is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by ListWish issuing refunds, including, but not limited to transaction or overdraft fees.

Payment Processors 

ListWish uses Payment Processors to process Donations for your Fundraiser and thereafter deliver it to you. In order to withdraw funds from a Fundraiser, an Organiser or, if not the same, Beneficiary (collectively “Withdrawing Entity”) will be required to provide the Payment Processor information regarding bank account information (“Withdrawing Account”). You, as Withdrawing Entity, represent and warrant to Payment Processor and ListWish that such information is true and that you are authorised to use the applicable Withdrawing Account. By setting up a Fundraiser or accepting the role of Beneficiary to a Fundraiser, the Withdrawing Entity agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to any and all applicable terms set forth by the applicable Payment Processors (currently Stripe), in addition to these Terms of Service, including  Stripe’s terms of service, and acceptable content.

INTELLECTUAL PROPERTY RIGHTS

Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by ListWish, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, the Services Content, or Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by ListWish from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g. by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorised herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of ListWish, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ListWish. The ListWish name and logos are trademarks and service marks of ListWish (collectively the “ListWish Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to ListWish. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of ListWish Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of ListWish Trademarks will inure to our exclusive benefit. Third-Party Material: Under no circumstances will ListWish be liable in any way for any content or materials of any third parties (including Users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that ListWish does not pre-screen User Content, but that ListWish and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any User Content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. User Content Transmitted Through the Services: With respect to the User Content, you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Services, you hereby grant and will grant ListWish and its affiliated companies and users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable licence to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless ListWish and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licences, waivers and releases from such person(s) for the benefit of ListWish in a manner fully consistent with the licences, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licences, waivers, and releases set forth herein (or ListWish’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services. We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Services Content or User Content from the Services. Copyright Complaints: ListWish respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify ListWish of your infringement claim in accordance with the procedure set forth below. ListWish will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to ListWish’s Copyright Agent at info@theListWish.com (Subject line: “DMCA Takedown Request”). You can also contact us by post at: ListWish Copyright Agent: ListWish Ltd Attn: Legal Bishopsland Farm Dunsden Oxfordshire, RG4 9NR To be effective, the notification must be in writing and contain the following information:
  • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:
  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, ListWish will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, ListWish has adopted a policy of terminating, in appropriate circumstances and at ListWish’s sole discretion, users who are deemed to be repeat infringers. ListWish may also at its sole discretion limit access to or terminate the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

THIRD-PARTY WEBSITES/SERVICES

The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third-Party Resources”). ListWish has no control over such Third-Party Resources or any products, services or content made available through or by such Third-Party Resources, or the business practices of the third parties providing such Third-Party Resources, and ListWish is not responsible for and does not endorse such Third-Party Resources or the products, services or content made available thereby. You acknowledge that ListWish is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-Party Resources. You further acknowledge and agree that ListWish will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such Third-Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third-Party Resources. As an example of this, if you use the ListWish Platform through your mobile device, and you upload a video to a fundraiser, that video will be uploaded using YouTube, and subject to the YouTube Terms of Service. And you agree that ListWish is not liable for any loss or claim that you may have against any such third party.

INDEMNITY AND RELEASE

You agree to release, indemnify on demand and hold ListWish and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable legal fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that ListWish has the right to conduct its own defence of any claims at its own discretion and that you will indemnify ListWish for the costs of its defence (including, but not limited to legal fees).

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LISTWISH AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LISTWISH AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.  

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LISTWISH NOR ITS AFFILIATES WILL BE LIABLE FOR ANY DISRUPTION TO THE SERVICE.

TERMINATION

You agree that ListWish, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

USER DISPUTES

You agree that you are solely responsible for your interactions with any other user in connection with the Services and ListWish will have no liability or responsibility with respect thereto. ListWish reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

GENERAL

These Terms of Service constitute the entire agreement between you and ListWish and govern your use of the Services, superseding any prior agreements between you and ListWish with respect to the Services. You also may be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platforms. ListWish may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganisation or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms shall prevent ListWish from complying with the law. ListWish shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transport facilities, fuel, energy, labour or materials.

PRIVACY POLICY

At ListWish, we respect the privacy of our users. For details please see our Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein. If you are in Europe, by using the Services, you acknowledge ListWish’s collection and use of personal information as described in the Privacy Policy.

QUESTIONS? CONCERNS? SUGGESTIONS

Please contact ListWish through our website: thelistwish.co.uk