Greenvoice

GENERAL

The Greenvoice website allows you to donate to specific environmental campaigns (“campaigns”) on the basis set out below.

Whilst we aim to ensure that all campaigns you donate to through the website are reputable and legitimate and conduct campaigns in accordance with their stated objectives and applicable laws and regulations, we do not undertake any independent assessment of this and, instead, rely on users of the website, such as you, to police the campaign. If you have concerns as to the legitimacy of a campaign or as to whether it complies with applicable laws and regulations, please would you raise them with Greenvoice on support@greenvoice.com in the first instance. As there may be multiple campaigns with similar names, if you donate, it is your responsibility to check that you are donating to the cause you intended.

We are not responsible for any dissatisfaction you may have regarding the use of any donation you may make through the website or how the campaign is being managed. You recognise that we have no direct control over any campaign or the application of any donations.

PAYMENT

When you make a donation to a campaign the donation is final and not disputable and will not be returned unless a fraudulent transfer is proved and you can demonstrate this in which case you should handle the matter through your account or card provider in the first instance.

HOW WE HOLD THE DONATION

We will hold your donation as escrow agents and apply your donation to third parties as directed in writing by the campaign organiser. At no time shall Greenvoice have any ownership interest in any sum donated or any interest on this sum. At the point you donate a sum you shall cease to have any right to its return.

In the event that a campaign you have donated to ceases for whatever reason (including as a result of its conclusion or as a result of our determination that the campaign is not legitimate, reputable or does not comply with applicable laws and regulations) or if we determine that our activities as escrow agent subject us to any specific law or regulation that we cannot practically comply with, we will make all reasonable efforts to offer you the opportunity to re-direct your donation to another campaign. To the extent this is not possible, or in any event if we do not receive a response from you within thirty (30) days of giving you notice of the foregoing opportunity, the amount transferred will be allocated to Greenvoice to cover the costs of providing the service.

We will hold the donation in a bank or similar (e.g. PayPal) account of which we are the sole signatory and we shall at our discretion determine the terms of the operation of the account. There will be deducted from the account any charges levied in connection with the opening, operation and closing of the account including the cost of funds transfers and a sum equivalent to any tax on the interest earned.

Greenvoice makes a 10% administration charge on all donations in connection with its role as escrow agent.

OUR RIGHTS

Our obligations are limited to those expressly set out in these terms and conditions.

We will not make a payment out of an account if it would result in a debit balance or, subject to the other provisions of these terms and conditions, make any payment or take any positive action except on the instructions of the manager(s) of the campaign.

We will have no obligation in respect of donations not received or for any funds lost through default or failure of the account provider.

We will not be liable for: (i) any delay in making or taking, or any failure to make or take, any payment from an account or for any failure on the party of a campaign organiser or not-for-profit organisation to give us proper instructions; (ii) for any delay in acting or failure to act on any direction; (iii) in respect of the forgery or invalidity of, or the lack of due authority with respect to, or the falsity of any statement contained in, any direction given or purporting to be given if we believe in good faith (with or without having made enquiries) that the direction is genuine and/or (iv) for any act done or omitted to be done in reliance by us in good faith on legal advice taken by it. In addition, except to the extent caused by our willful misconduct, we shall be liable for any error of judgment, fact or law, or for any act done or omitted to be done, or for any act or omission.

We shall not be liable if we incorrectly determine that a matter has occurred or that a particular act or course of conduct is necessary or desirable, provided only that we have not been guilty of willful misconduct in making that determination.

We shall be entitled to assume without enquiry that these terms and conditions are valid and binding and that any relevant campaign is genuine and legitimate and carries out its activities in accordance with applicable law and regulation and any publicised purposes.

On the entire amount standing to the credit of an account of a particular campaign paid out or on our resigning as escrow agent in the manner set out below, we shall be released and discharged from all obligations under these terms and conditions.

If and to the extent that we suffer any liabilities or losses in connection with acting as escrow agent for donations to a campaign we shall be indemnified and held harmless to the maximum extent legally permissible from the amount standing to the credit of the account relating to such donations save where this arises from our willful misconduct.

RESIGNATION

We shall be entitled to resign at any time as escrow agent in connection with a campaign by appointing a successor escrow agent (who may be the campaign organiser). Our successor escrow agent shall operate the escrow account in accordance wit these terms and conditions and shall hold the amount standing to the credit of the relevant account in its own name.