Terms and Conditions – Key Points:
Charitable Choice is a registered charity and all fees collected contribute towards the maintenance of our multi-featured fundraising platform as well as our Making Good Choices programme for under-served youth in Hong Kong.
5% of the donation value. An additional fee will be levied by the payment gateway provider for credit card payment - 2.5% + HK$2.35 for Hong Kong Visa and MasterCard, 3.4% + HK$2.35 for International Visa, MasterCard and AMEX.
10% administration fee on Gift Cards purchased at retail outlets. 5% goes to Charitable Choice and 5% to the retail outlet as a contribution towards distribution costs.
Personal Fundraising: If you create a Charitable Choice customised donation page or personalised Gift Cards please ensure content uploaded is not copyright-protected. Charitable Choice reserves the right to remove offensive/ obscene content.
Refunds: Donations and Gift Card purchases are non-refundable.
Continue reading for the full version:
These terms and conditions constitute the entire agreement (“Agreement”) between Charitable Choice Limited, a Hong Kong-registered non-profit organisation with offices at Suite 602, 6/F, keen Hung Commercial Building, 80 Queen's Road East, Wanchai, Hong Kong (“we/us/our”) and you ("you/your") in respect of your access and use of our website: http://www.charitablechoice.org.hk (“Website”) for purposes of participating in the Programme by making direct donations to our charity partners, or purchasing and/or redeeming Charitable Choice Gift Cards or fundraising for and on behalf of any of our charity partners by creating your Customised Donation Page on our Website.
Please read this Agreement carefully. This Agreement may be changed and updated by us from time to time and any changes will be effective upon publication on the Website. By accessing or using the Website, you agree to be bound by this Agreement and any amendments made from time to time.
This Agreement must be read in conjunction with any other applicable documents governing the access and use of the Website, all of which are incorporated by reference into this Agreement.
If you do not accept this Agreement, you must cease using and/or accessing our Website immediately.
1. The Programme
We operate the Programme to help collect donations and raise funds for our charity partners. The Programme involves different forms of donation collection and fundraising including the following:
(a) Online Gift Card
You may make a donation by purchasing our Gift Cards online ("Online Gift Card"). The person who purchases an Online Gift Card is the “Online Gift Card Donor”. The person who receives an Online Gift Card is the “Online Gift Card Recipient”. The Online Gift Card Recipient may redeem the Online Gift Card by designating its value to a charity or charities of their choice via our Website. Online Gift Cards are 100% tax deductible but non-refundable. If you do not agree to this, you should not purchase an Online Gift Card. Online Gift Card Donors may nominate a default charity or default charities upon purchase of the Online Gift Card such that if the Online Gift Card Recipient does not redeem their Online Gift Card within six months of purchase of the Online Gift Card, we will allocate the full value of the Online Gift Card to the default charity or default charities nominated by the Online Gift Card Donor, subject to clause 5 below. If no default charity is nominated by the Online Gift Card Donor at the time of purchase of the Online Gift Card, we will have the absolute discretion to allocate the value of the Online Gift Card to any charity or charities, including Charitable Choice, which we may select, subject to clause 5 below.
(b) Retail Gift Card
We also sell Gift Cards at various retail outlets ("Retail Gift Cards"). The person who purchases a Retail Gift Card is the “Retail Gift Card Donor”. The person who receives a Retail Gift Card is the “Retail Gift Card Recipient”. The Retail Gift Card Recipient may redeem the Retail Gift Card by designating its value to a charity or charities of their choice via our Website. Retail Gift Card are 100% tax deductible but non-refundable. If you do not agree to this, you should not purchase a Retail Gift Card. If the Retail Gift Card Recipient does not redeem their Retail Gift Card within six months of purchase of the Retail Gift Card, we will have the absolute discretion to either retain the full value of the Retail Gift Card to cover our administrative, operative and other expenses or allocate the value of the Retail Gift Card to any charity or charities which we may select, subject to clause 5 below.
(c) Direct Donation on our Website
Our Website features a list of charities from which you can choose to make a direct donation to. We will process the donation on behalf of the chosen charity and pay the received donations to the chosen charity, subject to clause 5 below. Donations are 100% tax deductible and once made, are non-refundable. If you do not agree to this, you should not make a donation via our Website.
(d) Customised Donation Page
Our Website features a list of charities for which you can choose to create your own personal webpage on our Website to help raise funds (your "Customised Donation Page"). We will process any donation raised by your Customised Donation Page and pay the received donations to the chosen charity, subject to clause 5 below. Donations are 100% tax deductible and once made, are non-refundable.
All donations made and received under the Programme are donations made to us for which we will issue a tax receipt. Where a charity or charities are designated under the Programme to be the beneficiary recipient of any donation made to us, we will use our reasonable endeavours to honour the designation and allocate the received donation to the designated charity or charities. To the extent permissible by applicable laws, we are in no way responsible or liable for any non-payment of designated donations or other consequences arising from and/or in connection with any technical or operational failures or any other factor beyond our reasonable control including, but not limited to, any interruption, suspension, delay or other failure of the communication network in transmitting any payment or nomination request by a donor or gift card recipient.
2. Right to Access our Website
Subject to the terms and conditions of this Agreement, we grant you a revocable and non-exclusive right to access the Website for as long as this Agreement subsists. We may change, withdraw or suspend your access to the Website (in whole or in part and permanently or temporarily) with or without notice and with no liability to you.
By accessing the Website, you warrant and represent that:
- (a) if you are an individual, you are of legal age to form a binding contract and you are not barred from entering into this Agreement under any applicable laws;
- (b) if you enter into this Agreement on behalf of a company, organisation or firm, you are authorized by such company, organisation or firm to enter into this Agreement with us;
- (c) all information about you and/or your company, organisation or firm provided to us by you from time to time is not misleading, and is true, accurate, current and complete.
3. Our Charity Partners
All charities featured on our Website are licensed charity organisations, which are registered with the relevant authorities in Hong Kong, and each of them has entered into a contractual agreement with us authorizing us to collect donations on their behalf and provide fundraising support services to them.
When a donation is made on our Website and charged to your credit card, the transaction is deemed to be final and irrevocable unless fraudulent or unauthorized use of your credit care is proved.
You understand and agree that the charity organisations to which you make a donation or for which you help to fundraise on our Website will use the donations received at their discretion within their stated objectives. We shall not be responsible for any dissatisfaction you may have regarding the recipient charity organisation's use of any donation.
We have absolute discretion to charge an administrative fee (inclusive of any payment processing fee) of up to 15% of the value of any donations we receive on behalf of our charity partners. Our charges are as follows:
||Administrative fee (% of the value of the donations)
|Online Gift Card
|Retail Gift Card
|Direct donation on the Website
|Customised Donation Page
Where a credit card is used in the purchase of a Gift Card and/or making of a donation, we will charge an additional credit card processing fee of 2.5% + HK$2.35 for Hong Kong Visa and MasterCard, 3.4% + HK$2.35 for International Visa, MasterCard and AMEX of the value of the donation on top of the administrative fees stated above. In the event that there is a change in any third party charges, including but not limited to credit card and other payment processing fees, we shall have the right to revise our administrative fees and credit card processing fee and/or impose any additional fees as may be reasonable in the circumstances.
6. Your Conduct when Using the Website
- (a) When posting any information, materials or content on the Website, you agree to do so in a responsible and legal manner. You must comply with all applicable laws, regulations and rules and undertake not to use the Website or allow the Website to be used for any unlawful purpose or in an unlawful manner or a manner which is likely to cause harm, offence or nuisance to any other person.
(b) In particular, but not exclusively, you must:
- (i) at all times use our Website in a responsible and legal manner and in accordance with the terms and conditions set out in this Agreement;
- (ii) ensure that any content you post onto our Website does not breach any intellectual property rights of a third party;
- (iii) ensure that any content you post onto our Website does not involve any material which may reasonably be considered as deceptive, offensive, defamatory, obscene or indecent, racist, sensitive, political or religious;
- (iv) not advertise or sell any goods or services on our Website without our prior written approval;
- (v) not interfere with, or disrupt the network connected to the Website;
- (vi) not attempt to decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or tamper with any part of the Website in any way;
- (vii) not make any publication or announcement concerning us without our prior written approval;
- (viii) not misrepresent your identity or affiliation with any other person or organisation;
- (ix) not disclose any information relating to any donor except with the consent of the donor or as permitted by applicable laws; and
- (x) otherwise observe and comply with any notices and/or instructions in relation to your use of our Website which we may give you from time to time.
- (c) When you set up your Customised Donation Page or register a user account to keep track of your previous donations, you will be asked to choose a password to protect your account. You are responsible for maintaining the confidentiality of your password. If you believe that your password has been compromised and/or is being misused by another person, you must notify us and change your password immediately. We are not responsible for any activity that takes place with any use including but not limited to any fraudulent or other misuse of your account, where your password has been used to gain access to such account.
- (d) You must act in good faith, exercise reasonable care and diligence when setting up and thereafter maintaining your Customised Donation Page.
- (e) We are not responsible for the accuracy of any information, ideas or opinions posted by you on our Website, including your Customised Donation Page, and you hereby release and agree to hold us harmless from and against any claims, damages or losses resulting from or in relation to such information, ideas or opinions. If you post any information, materials or other content on our Website, including your Customised Donation Page, you authorize us to use and publish such materials in any manner we choose and without any obligation to compensate you or anyone else.
- (f) Your setting-up of a Customised Donation Page for any of our charity partners does not represent or imply our or our charity partner's endorsement of your fundraising activity.
- (g) We reserve the right to take down any Customised Donation Page or other contents posted by you onto the Website without notice in the event of any breach of the above rules or at the request of any of our charity partners or at our own discretion.
- (a) Our Website contains links to the websites of our charity partners or other websites. Inclusion of a link to such websites does not imply our endorsement of their content or opinions. We are in no way liable in connection with any third party site accessed via a link from our Website, or any contract entered into or through a third party website.
- (b) We are in no way responsible for any relationship that you form with any organisation linked to the Website.
9. Copyright, Trademark and Other Intellectual Property Rights
- (a) The intellectual property rights, including but not limited to copyright, trademark, moral rights, proprietary information, and unique designs and user interfaces (collectively, "Intellectual Property Rights") in all content that appears on the Website, including any content created or posted by individual fundraisers running a Customised Donation Page and/or other users of our Website (collectively, "Web Content") are the property of their respective owners, including ourselves or our charity partners or other third party licensors and are protected by applicable intellectual property and proprietary rights and laws. You must not use any such Intellectual Property Rights or Web Content in any manner that is likely to cause confusion or in any way that may disparage or discredit us or our charity partners or other third party owners of such Intellectual Property Rights.
- (b) Any copying, adaptation, commercial exploitation of any Web Content is prohibited except as expressly permitted or expressly required and to the extent necessary for the performance of your obligations under this Agreement.
10. Failure to comply with this Agreement
If you fail to comply with this Agreement, we reserve the right, at our absolute discretion, with or without notice to delete any content posted by you on our Website and to deny you from accessing our Website and/or using all or part of our services.
You may discontinue to use the Website and our services at any time. This Agreement continues to apply to your past use of the Website and/or our services.
12. Disclaimers and Limits on our Liability
- (a) The Website is provided “as is” and “as available”, without any warranty of any kind, whether express, implied or statutory. Your use of the Website and our services is at your sole risk. To the extent permissible under applicable laws, we specifically disclaim any warranty of the merchantability or fitness of the goods and services offered on our Website for a particular purpose, warranty of title to Intellectual Property Rights and/or non-infringement of third party rights.
- (b) We will not be responsible or liable to you or any third party for any content or materials posted by you or any other user of the Website and you hereby release and agree to hold us harmless from and against all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of the Website.
(c) To the extent permissible by applicable laws, we are in no way responsible or liable to you or any other person for any consequences arising from and/or in connection with:
- (i) use or access of the Website by you or any other person whether authorized or otherwise;
- (ii) any interruption, suspension, delay, or other failure in transmitting any payment request by you or otherwise in connecting with the Website which is caused by any acts, omissions or circumstances beyond our reasonable control including, without limitation, failure of any communication network, act or omission of any third party service providers, mechanical failure, power failure, malfunction, breakdown, or inadequacy of equipment, installation or facilities;
- (iii) any fraud or dishonest conduct of any third party in relation to our Website including, but not limited to, security breaches, hacking or any unauthorized access; or
- (iv) transmission or storage of any information or data relating to your use and access of the Website, any system, equipment or instrument of any communication network provider.
- (d) We do not warrant or represent that the Website is free from virus or other destructive features which may adversely affect your hardware, software or equipment.
- (e) We shall undertake general maintenance and upkeep of the Website from time to time. During these periods, the Website and our services may be temporarily unavailable. In exceptional circumstances, the Website and our services may also become unavailable without prior notice to you.
- (f) We shall only be liable under this Agreement for direct losses which are reasonably foreseeable and caused by our breach of this Agreement or our negligence. Our total liability to you arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the donations you have made using the Website in the preceding 12 month period.
- (g) Subject to clause 14.(g) below, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise ]for any indirect or consequential loss or for any loss of profit, loss of business, loss of market, loss of contract, damage to goodwill, loss of anticipated savings, loss of opportunity, loss of any software or data, or loss of or waste of management or other staff time however caused.
- (h) Nothing in this Agreement shall exclude or limit our liability to you for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or any other liability which may not by applicable law be excluded or limited.
Unless otherwise specified, each provision of this Agreement shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and not affect the enforceability of any of the other provisions of this Agreement.
14. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Hong Kong. You and we agree to submit to the non-exclusive jurisdiction of the courts in Hong Kong.