Terms and Conditions

General terms and conditions of use for fundraisers and donors:

Please read these terms of service carefully.

1. About Personal Best Education NCS Project funding site

Personal Best Education (Mountbatten School Services Ltd, registration no. 7889300) is the wholly owned subsidiary of The Mountbatten School, Romsey whose registered address is at Whitenap Lane, Romsey, SO51 5SY and is an exempt charity (number: xt32350), referred to as ‘PBED’, ‘us’ or ‘we’, operates the online donation service http://ncs.pb-education.co.uk. These are the terms of service which govern your use of the PBED Services. When reference is made to ‘Charities’ this can include registered charities, clubs and societies as per HMRC guidance.

1.1. PBED allows you to raise funds for, pay event fees to, and donate to, any of the projects and groups registered with us. Each of these groups is working on the National Citizen Service (NCS) and we are authorised to collect donations, event fees and, where permissible, forward Gift Aid claims for them under the Gift Aid scheme.

2. Use of your donation
Please note that the group you are donating or paying event fees to will use your donation or payment at their discretion, but within their stated objectives. Groups and Charities will endeavour to apply your funds to your specified purpose or specific fundraising appeal. However, this is not guaranteed and it is your responsibility to ensure that the group or charity is able to channel the money you raised for a specific appeal or stated purpose, prior to any fundraising taking place. The group will work with selected charities to ensure the money raised will be applied to a specific purpose or fundraising appeal. In the event that this dialogue has not taken place, the charity is entitled to allocate the funds raised wherever the need is greatest in furtherance of its charitable objectives. As we do not monitor or control the charities’ or organisations’ activities, we shall not be responsible for the use or non-use of any donation or payment that you make through PBED Services.

3. Personal Best Education fees and payment process
3.1. You are not charged for using PBED Services. All payments are to be made by payment card (e.g. a debit card or credit card) or a PayPal account in pounds sterling. We do accept cash and cheque payments and this must be given in person and through the proper channels (sealed buckets to group leaders).
3.2. All online donations will incur a small bank transaction fee (excluding the Gift Aid element) and event fee payments to enable PBED to cover bank charges only. PBED does not charge an administration fee for the collection of Gift Aid on behalf of the charities.
Online transactions bank charges vary but will not exceed 20p + 2.75% of amount donated. So if you were to donate £10 to a project the maximum bank fee charged on the donation will be 50p. If you were to donate £20 the maximum charge would be 80p.
3.3. We have arrangements in place with the charities which mean that donations not used by the groups to complete their projects are transferred to the charities at the end of the NCS delivery period, the claiming of Gift Aid is the responsibility of the individual charity.

4. Gift Aid information
When you donate to us through our Website and confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme as they apply from time to time, we can reclaim Gift Aid. It is your responsibility to ascertain whether you qualify for Gift Aid entitlement. If you have any doubts about your entitlement for Gift Aid we recommend you consult your own advisors or HMRC about any accounting, taxation or financial consequences of making a donation that may affect you. Further information on gift aid can be found at http://www.hmrc.gov.uk/individuals/giving/gift-aid.htm.

5. Accessing the online services and protecting your password
5.1. If you choose to register you will be asked to choose a password to protect your secure account. You should keep your password secret. If any of your login details are lost, stolen, misused, used without authorisation, or you believe that they may have become known to another person, you must immediately contact us so that we can issue you with new login details. There may be times when our online services are temporarily unavailable. This most regularly occurs because of planned maintenance. We may also suspend your access to the online services if we suspect that your security or login details are being misused. We will try to inform you in advance of any such suspension arising either through a general notice on our website or in an email or call to you (as is appropriate), but this may not always be practicable. Donors may choose to register, but are not obliged to register to use the website in order to make a donation to a fundraiser.

6. Use of the website
6.1. PBED, as operator of the PBED website, acts as an intermediary between charities and the individual groups of the PBED Services. PBED does not take responsibility for any user-generated content or information displayed on the PBED Services. If PBED has knowledge of any unlawful or offensive activity or information on the PBED Services, PBED shall remove or disable access to this information. You agree that the content posted by you will not:
6.1.1. break any law or encourage an illegal act.
6.1.2. be defamatory, abusive or offensive.
6.1.3. infringe the copyright, privacy, confidentiality or other right of any third party. If you use someone else’s personal information, material or image, you must make sure you have their permission.
6.1.4. contain surveys, raffles, lotteries, contests, pyramid schemes, advertisements or chain letters.
6.1.5. contain software viruses or any other computer code, files or programs designed to affect the use of any computer software or hardware or telecommunications equipment.
6.2. We do not actively edit the PBED website but we reserve the right to remove or edit any content posted. If you notice any content that breaks these conduct rules, please notify us.
6.3. Other than on your own personal fundraising page, you must not remove or change anything on the PBED website. In addition, it is not permitted to:
6.3.1. impersonate someone else, or pretend to be associated with something when you are not.
6.3.2. use the PBED website to send junk email or ‘spam’.
6.4.Building a personal fundraising page in aid of a charity in no way implies our or the charity’s endorsement of the group’s fundraising activity. All groups check with the charity first that their chosen activity is acceptable. We reserve the right to cancel any personal fundraising page at the request of the charity or at our own discretion.

7. Links from this website to other websites
Please be aware that the PBED website may provide access to other websites by linking to them. We are not responsible for the data policies (including data protection and cookies), content, or security of these linked websites.

8. Sharing your content and information
8.1. All information and materials (including designs, text, graphics and their selection and arrangement) on this website are the copyright of PBED or our content providers. No information or material on this website may be copied, reproduced or downloaded without our express permission in writing.
8.2. You own all of the content and information you post on the PBED website. In order for PBED to use certain types of content and provide you with the PBED Services, you agree to the following:

8.2.1. For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically grant PBED a non-exclusive, royalty-free, worldwide perpetual licence (which we could transfer or sub-licence) to use any IP content that you post on or in connection with PBED (“IP Licence”). You can terminate this licence by contacting us when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).
8.2.2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

9. Personal details and Personal Best Education’s Privacy Policy
9.1. We won’t share any personal details with any third party other than is set out in our Privacy Policy . In particular, we may pass personal details to charities to allow them to administer your fundraising and donating activities.
9.2. Our Privacy Policy forms part of these terms of service. By agreeing to these terms of service you also agree to the way we use and protect your personal information and anyone else’s personal information that you are authorised to provide to us. PBED is PCI certified and aims at all times to act in compliance with all relevant data protection legislation.

10. Changes to the service
We will make every effort to ensure that the website and the PBED Services are available continuously, but we reserve the right to change, suspend or discontinue all or any part at any time with or without notice. We cannot guarantee uninterrupted access to the website and we do not guarantee its operation or availability.

11. Your donation or event fee payment
11.1. The details of any donation or event fee payment will be displayed to you on the PBED website before it is processed. If you wish to correct an error you can do this by following the on screen directions before proceeding.
11.2. As soon as you confirm to us through the PBED website that you wish to proceed with your donation or event fee payment we will process the transaction by requesting funds from your credit or debit card provider or PayPal account. Once your credit or debit card provider or PayPal approves the transaction we will proceed to the next stage.
11.3. Once we have received cleared funds from you we will make sure that they are allocated to the project group. Any funds not used as set out in the project pages will be donated to the selected charity or charities listed on the project page.
11.4. We can only accept responsibility to you for a donation or event fee payment reaching the group and/or charity or charities once we have received the funds from your credit or debit card provider or PayPal account. It is your credit or debit card provider’s or PayPal’s responsibility to make sure that the funds reach us.
11.5. If we are unable to make payment or we feel that it is not appropriate to pass on a donation to your selected group and/or charity (for example, if the charity is de-registered by the Charity Commission or the Office of the Scottish Charity Regulator, or has a sanction listed against it) then we will contact you to arrange the return of the donation or payment to you in full. If we are unable to contact you then PBED, at its discretion, will select an appropriate, alternative charity to pass the donation or payment to.

12. Consent and execution
12.1. By confirming that you wish to proceed with your donation or event fee payment you authorise us to request funds from your credit or debit card provider or PayPal account, and to pass the funds (less any transaction fee (see condition 3.2)) we receive to the selected group and/or charity. You are unable to revoke this authorisation.
12.2. We will refuse to process a transaction for you (such as stopping a donation or event fee payment) if we are not reasonably satisfied that:
12.2.1. You are permitted to use the PBED website under these terms of service.
12.2.2. the transaction is legal and not related to fraudulent activities.
12.2.3. the transaction has been properly authorised; or
12.2.4. the information we are basing a transaction on is correct and complete.

13. Transaction information
We will display a message on the PBED website and send you an email confirming the details of the transaction that you have asked us to process for you as soon as we receive confirmation from your credit or debit card provider, or PayPal account, that your transaction is authorised. We will keep records of your transaction for at least seven years.

14. Incorrectly executed and unauthorised transactions
14.1. You should check the transaction confirmation that we make available to you, and your credit or debit card statements or PayPal account statement, to ensure that each transaction is correctly recorded and authorised. If you notice any incorrect or unauthorised transaction you must tell us and/or your credit or debit card provider or PayPal. If you do not tell us on becoming aware of an incorrect or unauthorised transaction, you may not be entitled to have the problem corrected by us – if you do tell us in time the rights set out below will apply.
14.2. We are responsible for requesting the correct funds from your credit or debit card provider or PayPal account, and allocating the funds we receive to the correct charity, in accordance with these terms of service. Where we have received funds to make a payment for you, we will refund that payment (or for an overpayment, refund the excess) to you if it is not made properly by us or was never allocated to the correct charity, unless there is a mistake in the payment instructions you gave us.
14.3. We will not refund a payment to you in accordance with this condition 14 if you do not inform us of it in time (in accordance with condition 14.1), or in the circumstances described in condition 15, or where you are entitled to recourse through your credit or debit card provider.
14.4. You may have rights against your card issuer or PayPal to have funds repaid to you if incorrect or unauthorised use is made of your credit or debit card or PayPal account – please contact them for details.

15. Cancellations and refunds
You will only be able to cancel a donation or event fee payment if you contact us within 48 hours after you authorise it on the PBED website. If we receive a cancellation request from you after the donation or event fee payment has been allocated to the selected charity, we may be unable to cancel it (or refund the money) as the donation or event fee will be on its way to the group/charity at that stage. Once the group/charity has received the donation or event fee, you will need to contact the group/charity directly if you wish to make a refund request. Where we do cancel a payment for you, we may charge you for the costs that we have incurred in processing your payment.

16. Fraudulent or unauthorised card use
When a donation is made on the PBED website, the transaction is final and not disputable unless unauthorised use of your payment card is proved. If you become aware of fraudulent or unauthorised use of your card, or if it is lost or stolen, you must notify your card provider.

17. Failure to comply with these terms of service
If you break these terms of service we reserve the right, at our sole discretion, with or without notice:
17.1. to delete any content and
17.2. to prohibit you from using all or part of the PBED Services.

18. Disclaimer and limitation of liability
You use this site at your own risk. We are not liable for any loss or damage which you may suffer through the use of PBED NCS project giving pages.

19. Complaints and redress

If we do not deliver the standard of service you expect, or if you think that we have made a mistake, please contact us on 01794 510225 or email us at ncs@mountbatten.hants.sch.uk. The situation will be investigated and, if necessary, action will be taken to put matters right.

20. General
20.1. If you wish to contact us, please write to the address set out at the end of these terms of service, call us on 01794 510225 or email us at ncs@mountbatten.hants.sch.uk.
20.2. We may amend these terms of service at any time. The current version will always be on the PBED website – we can provide previous versions that applied to you upon request.
20.3. These terms of service and any non-contractual obligations arising in connection with them are governed by English law, and any related court proceedings must be brought within the United Kingdom.

21. Third party rights
A person who is not a party to these terms of service has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms of service. Personal Best Education Limited (Company No. 7889300) has its registered office at Whitenap Lane, Romsey, SO51 5SY.

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