Terms & Conditions
Please see below Our Terms & Conditions for use of this website, our Text to Donate and #RedforRuth Auction.
All the information on this website is of a general nature, and should only be used as such. We suggest that you seek specific professional advice for your individual circumstances.
Your use constitutes acceptance of these terms and conditions as at the date of your first use of the site.
The Ruth Strauss Foundation reserves the right to change these terms and conditions at any time by posting changes on this website. Your continued use of this site after we have posted such changes constitutes your acceptance of this amended agreement.
You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the site by any third party.
This website and the information, names, images, pictures, logos regarding or relating to the Ruth Strauss Foundation are provided as seen without any representation or endorsement made and without warranty of any kind whether express or implied. In no event will the Ruth Strauss Foundation be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from the use or in connection with such use or loss of use of the site, whether in contract or in negligence.
The Ruth Strauss Foundation does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the materials.
Commercial use or publication of all or any item displayed is strictly prohibited without prior written authorisation from the Ruth Strauss Foundation. Nothing contained herein shall be construed as conferring any licence by the Ruth Strauss Foundation to use any item displayed.
Documents may be copied for personal use only on the condition that copyright and source indications are also copied, no modifications are made and the document is copied entirely. However, some documents and photos have been published on this site with the permission of the relevant copyright owners (who are not the Ruth Strauss Foundation). All rights are reserved on these documents and permission to copy them must be requested from the copyright owners (the sources are indicated within these documents/photographs).
The Ruth Strauss Foundation takes no responsibility for the content of external internet sites.
Any communication or material that you transmit to, or post on, any public area of the site including any data, questions, comments, suggestions, or the like, is, and will be treated as, nonconfidential and nonproprietary information.
These terms and conditions shall be governed and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
If you do not accept these terms and conditions in full, please terminate your use of this site immediately.
Text To Donate
Thank you for choosing to donate to the Ruth Strauss Foundation.
To donate £10, text Ten to 70600
To donate £20, text Twenty to 70600
To donate £30, text Thirty to 70600
Text will cost £10, £20 or £30 plus your standard network rate.
Privacy Notice for Text to Donate
Your information (mobile number and donation amount) will be collected by Fonix Mobile Limited on behalf of the Ruth Strauss Foundation, and will only be used for processing your donation, providing receipts, managing refunds and failed donations as necessary and in order to help analyse our income. It will not be used for any other purposes. Our lawful basis for this processing is that it is in our legitimate interests (and we don’t believe this unreasonably impacts on your rights or freedoms). Any additional information provided as part of the Gift Aid declaration (first name or initial, surname, address and postcode) will only be used for the purpose of claiming Gift Aid and in order to help analyse our respective income.
Terms & Conditons for Text to Donate
- As well as the relevant Donation Value, each text message will incur your standard network message charge (based on your service provider rates). This service can only be used from a UK mobile and does not include Channel Islands or Isle of Man mobile networks. If you donate using this service from a UK mobile abroad you may incur additional network charges.
- The following mobile network operators have waived their charges in order to allow the full Donation Value of the reply confirmation text message (described below) to go entirely to support the Ruth Strauss Foundation: 3, O2, EE, Sky, Virgin and Vodafone. In addition, HMRC has confirmed that no VAT should be charged on these donations.
- You can send a text message any time before 23.59 on 31st August 2021. Please ensure you spell the Keyword correctly and send your text message to the correct Short Code, however, if we, acting reasonably believe you are trying to donate, we will still take the donation even if you entered the Keyword incorrectly. Alternatively, we may instead send you a message to let you know that your donation has failed. The message we send to you in this instance is not a confirmation message so, whilst you will be charged your standard network message charge, you will not be charged the Donation Value and will not be donating to the Ruth Strauss Foundation. You will not have been added to any marketing databases if we send you this follow up text unless you have expressly requested to be.
- If your Keyword and Short Code are valid and your text message is received within the specified times and dates, you will be charged the applicable Donation Value via reply confirmation text message(s) and your donation will go to the Ruth Strauss Foundation (with the exception of Vodafone customers, who will be charged the Donation Value directly via their bill). It may take some time for you to receive the confirmation text message. Please wait until you receive it. Unless a cap applies (see below) each valid text you send will result in a charge of the Donation Value plus your standard network message charge, regardless of when you receive your confirmation text message. Any repeat texts will result in repeat donations.
- If you are a UK taxpayer, we can claim an additional 25p in Gift Aid from the Government for every £1 you donate. We’ll send you a follow up text to ask if you want to claim Gift Aid on your donation. If you follow the link in our follow up text, you’ll be taken to our website to complete the Gift Aid declaration – please read it carefully. For us to claim Gift Aid, you must pay UK income or capital gains tax this year (this does not include VAT or council tax) at least equal to the amount reclaimed on all your charitable donations. We may include a link in the text message, and if you follow the link you will be taken to a website to complete the Gift Aid declaration. Please read the details carefully before submission. You will not automatically be added to any marketing databases if we send you this follow up text.
- If your Keyword or Short Code is invalid, or if your message is received outside the times and dates of the service, you may not receive a confirmation text message but may still be charged your standard network message charge. If no confirmation text message is received, you will not be charged the Donation Value and you will not be donating to the Ruth Strauss Foundation. However, if you receive the confirmation text message then you may still be charged the Donation Value, in which case your donation will still be made to the Ruth Strauss Foundation.
- You can donate by text to each Keyword and Short Code up to a maximum total donation of £40 each day from the same mobile telephone number (midnight to midnight). If you try to donate more than that in a day using the same Keyword and Short Code from the same mobile, you will still be charged your standard network rate, but will not be charged the Donation Value for a confirmation text message and will not be donating to the Ruth Strauss Foundation. For the avoidance of doubt, this maximum is placed on the text messages sent with the same Keyword to the same Short Code. Also note that pre-paid customers who are trying to donate £20 or £30 but have insufficient credit, may only be charged £10 or £20 (as applicable).
- If you would like to contribute a different amount to the Ruth Strauss Foundation, you can donate online. Any donations to the Ruth Strauss Foundation, including donations via text, are non-refundable, other than in specific circumstances.
- All supporters must obtain permission from the bill payer before sending a text message. If you are under 16 years old, you must have your parent or guardian’s permission to send a text donation to us.
- Ruth Strauss Foundation and their sub-contractors, subsidiaries and/or agencies cannot accept any responsibility whatsoever for any technical failure or malfunction or any other problem with any telephone network or line, system, server, provider or otherwise which may result in any text being lost or not properly received.
- RedforRuth is an initiative of the Ruth Strauss Foundation. All donations received, including any towards this initiative, will go towards the Ruth Strauss Foundation, which is a registered charity, number 1183221 (England and Wales).
- The text service is provided by Fonix Mobile Limited. If you have any queries regarding the service, please contact Fonix at the following email address: [email protected] or write to Fonix Mobile Limited, 23 Heddon Street, London, W1B 4BQ or call on the following Helpline Number: 0208 114 7001 (Monday to Friday 9:00 – 17:30).
- The Ruth Strauss Foundation reserves the right to change these terms and conditions at any time. Any updates will be posted on this website so please check back regularly. The governing law is that of England and Wales.
Auction & Prize Draw Terms & Conditions
These Terms and Conditions relate to Auctions and Prize Draws on the Givergy Ltd platform, promoted by Ruth Strauss Foundation. If you have any questions about the event or the terms, in the first instance please contact [email protected] for further information.
- The online auction operated on the site is for the benefit of the Charity for whom the auction is being run.
- Items offered for sale on the site may be subject to a reserve price. If the reserve price is not met by any eligible bidder, the items cannot be sold.
- All monies paid by a winning bidder will be donated to the Charity.
- Bidders may bid for multiple items in the auction.
- The winning bidder on each item offered for sale in the course of the auction will be the person who has submitted the highest bid at the deadline and is in excess of any reserve.
2. Eligible Bidders
- All bidders must be capable of forming legally binding relations under applicable law. The Bidding Facility may therefore not be used by individuals under the age of 18 years old and by any other persons who are legally prohibited from, or otherwise incapable of, entering into binding contracts.
- Any bidder using the Bidding Facility is warranting by so doing that they are legally entitled to do so.
- As a bidder you agree that we can process your personal data for the purpose and specifically for this auction.
- We do not and will not store your credit or debit card details beyond taking payment during this auction. Givergy Ltd’s payment provider Stripe Inc securely stores your card details and is PCI compliant.
- Bidders wishing to bid on an item may make a bid for an item through the Bidding Facility.
- All items offered in an auction are listed and offered for sale on an “as is” basis. Bidders are advised to conduct any research or due diligence on an item prior to making a bid.
- A bid made by a bidder is an offer to purchase the item listed at the stated bid price. Any bidder making a bid for an item acknowledges and agrees that their offer is an irrevocable offer to complete the transaction if they are the winning bidder whereupon the bid will become a contractually binding obligation to purchase the item at the bid price.
- If a bidder bids on an item and that bid represents the winning bid for that item and the winning bid is above or equal to the reserve, the bidder’s bid is deemed accepted.
- The ‘winning bidder’ is the person certified by the charity at the end of the auction to be the highest bidder, provided that their bid meets the reserve. The winning bidder may include any under-bidder who is awarded the item following the failure of a higher bid for any reason.
- When registering on the platform, you will be required to input your card payment details in order to submit a bid on an item.
- If your bid is the winning bid, your payment card will have the winning bid amount pre-authorised as a payment.
- You will be contacted by email and by text to inform you of the winning bid, the amount, and that payment has been pre-authorised on the card you have registered. You will have 48 hours to make payment for your item.
- If you don’t make payment by any alternative method, after 48 hours your card will be charged with the winning bid amount, as per clause 3.3 above.
5. Item Descriptions
- Items for sale in the auction are listed on the site with a description and a minimum bid.
- The Charity will, wherever possible, provide a representational image of the item offered for sale in the auction but shall have no liability if it does not do so.
- Whilst the Charity strives to ensure that descriptions and photographs are accurate, complete, and up to date, it does not guarantee that this is the case, and will not be responsible for any damage or loss caused due to a bidder by reason of a description of an item being inaccurate, incomplete or for the item being otherwise in any way different to the bidder’s expectation.
- Descriptions of items are provided without a warranty of any kind. In no event shall the Charity (including its employees, affiliates, and volunteers) be liable for any claim, demand or damages arising out of or in any way connected with the use by the bidder of the site, the auction or the Bidding Facility or their purchase of an item.
- If there are limitations on fulfilment of items, such as restricted delivery, the conditions will be outlined in the item description. In no event shall the Charity (including its employees, affiliates, and volunteers) be liable for any claim, demand or damages arising out of or in any way connected with the use by the bidder of the site, the auction or the Bidding Facility or the purchase of an item where the bidder cannot meet the criteria for item fulfilment as described.
6. Auction Items
By bidding on an auction item you agree to the following terms:
- The item is offered for sale by the Charity on the basis that it is raising money for good causes.
- While every effort is made by the Charity to ensure that the item, including any experience or otherwise, works and is in good order and is capable of fulfilment and provides what you would reasonably expect, you acknowledge that some items by definition are marketed as ‘money can’t buy’ items and as such they come with a significant risk attached and that risk is that they may not be as you expect or they may for some reason become impossible to provide or fulfil; in this scenario, or in any scenario, the Charity will not and cannot provide any refund and the bidder agrees to not receiving any refund, except in exceptional circumstances.
- Some items may have a redemption period within which you must redeem the item, and some will also have a date by which you must take up the item. If you do not redeem the item in time or take it up in time, you accept that you forfeit that Item and as per 3.3 above you will receive no refund.
- In redeeming some items, you will be agreeing to the terms of an approved supplier of that item and such terms will be clear for you to accept or reject at that time.
7. Bidding Deadlines
- Deadlines for receipt of bids made for an item offered in the auction are at the sole discretion of the Charity. No bids will be accepted on an item after the deadline.
- After the auction closes Givergy will contact the winning bidder to inform the bidder that their bid was the highest and that they are, therefore, the winning bidder.
8. Shipping Policy
- The Charity or its partners will use all reasonable endeavours to ship the auction item to the winning bidder within 28 days of the auction ending, unless otherwise notified by the Charity in the prize description or shipping terms on the event webpage.
- While every endeavour will be taken to ensure your item is with you as soon as possible, the Charity will not be held responsible or liable for any delay in fulfilment that is outside of its control.
- Auction and ‘But it now’ items will be restricted to delivery to UK postal addresses when it is deemed that the resources required to fulfil the item are prohibitive and not in the best interests of the charity to do so.
9. Gift Aid
- By agreeing to Gift Aid, the bidder is confirming that they are a UK taxpayer and understand that if they pay less Income Tax and/or Capital Gains Tax in the current tax year than the amount of Gift Aid claimed on all their donations it is their responsibility to pay any difference. The bidder understands that other taxes such as VAT and Council Tax do not qualify. The bidder understands that Gift Aid is reclaimed by the charity from the tax they pay for the current tax year.
- Gift Aid on lot items is only applicable in a limited number of situations; the Charity will claim wherever possible; for more info see http://www.hmrc.gov.uk/charities/gift_aid/rules/auctions.htm.
10. Variation of Terms
These Terms and Conditions may be revised and updated by the Charity from time to time without notice. Bidders who have previously bid in a Charity Auction are accordingly advised to familiarise themselves with the prevailing edition of these Terms and Conditions when deciding to participate in an auction. Notwithstanding the foregoing the edition of the Terms and Conditions that was current at the time an auction commenced will continue to apply throughout that auction and to all items sold pursuant to it even if later edition of the Terms and Conditions is implemented before the auction is completed.
PRIZE DRAW COMPETITION
These Terms and Conditions are applicable to anyone entering the online prize draw or free postal entry prize draw (“the Prize Draw”) promoted by us, Ruth Strauss Foundation (the “Charity”). By entering the Prize Draw you accept these Terms and Conditions and agree to be bound by them. If you do not accept the Terms and Conditions, you should not enter the Prize Draw.
11. Prize Draw
- The Prize Draw is promoted by the Charity
- Givergy Ltd provides the technology and administration for the Prize Draw.
- Givergy Ltd shall receive a fee for these services.
12. Eligible Entrants
- All entrants must be over 18 years old.
- In entering the Prize Draw, you confirm that you are eligible to enter and to claim the prize. The Charity may require you to provide proof that you are eligible to enter the Prize Draw.
- Employees of the Charity, Partners or suppliers of prizes, Givergy Ltd or the Charity and their immediate families or households cannot enter the Prize Draw.
- Prizes are listed on the relevant Prize Draw webpage with a description of the prize and the Prize Draw entry fee.
- The Charity will, wherever possible, provide a representational image of the prize but shall have no liability if it does not do so. All images are subject to copyright of the artist.
- Descriptions of prizes are provided without a warranty of any kind. In no event shall the Charity (including its employees, affiliates and volunteers) be liable for any claim, demand or damages arising out of or in any way connected with the use by the entrant of the site, the Prize Draw or their use of a prize.
- The Charity reserves the right to substitute a prize with an alternative and equivalent prize in its sole discretion if circumstances beyond their control makes it necessary to do so.
- There is no cash alternative to the prize.
- The prize is not transferable.
14. How to enter
- The opening and closing dates and any eligibility rules of the Prize Draw are as specified on the relevant Prize Draw webpage. These dates will not be extended under any circumstances.
- Entrants can enter the Prize Draw by creating an online account and each ticket will count as an entry to the Prize Draw. Entrants may make multiple entries and may enter more than one Prize Draw at a time. Internet access and a valid email address are required.
- Free entry route: entrants can enter for free by post, please see the terms on the relevant Prize Draw webpage for full requirements and deadlines of receipt. Each letter sent to the address specified in the relevant terms and within the deadline counts as one entry into the Prize Draw.
- Please note that these are the only method by which to enter the Prize Draw. Entries submitted in any other way will not be accepted.
- All Prize Draw entries received after the closing date are automatically disqualified.
- On purchase of a ticket, you will receive an email confirmation, which will be accepted as proof of receipt of entry to the Prize Draw.
15. How to win
- All correct entries will be entered into a draw and the winning entrant will be selected at random by a computer process that produces verifiably random results.
16. Contacting the winner
- After the Prize Draw closes the winner will be contacted using the email address or phone number provided by you the entrant.
- If a winning entrant fails to accept their prize for whatever reason within 72 hours of Givergy Ltd or the Charity sending them an email, the prize will be given to a subsequent winning entrant, who will be selected in the same way as the first.
17. Winner announcement
- The Charity will announce the surname and county of a winner within 5 days of the Prize Draw closing unless you object (see clause 27).
- Each entrant to the Prize Draw will be notified via email using the email address registered on their account within 72 hours of the Prize Draw closing whether they have won or lost the Prize Draw.
18. Eligibility checks
- The Charity or Host reserves the right to verify the eligibility of entrants. The Charity or Host may require such information as it considers reasonably necessary for this purpose and a prize may be withheld unless and until the Charity or Host is satisfied with the verification.
19. Entrant only
- All entries must be made by the entrant themselves. Bulk entries made from trade, consumer groups or third parties will not be accepted. Incomplete or illegible entries, entries by macros or other automated means (including systems which can be programmed to enter), and entries which do not satisfy the requirements of these terms and conditions in full will be disqualified and will not be counted. If it becomes apparent that an entrant is using a computer(s) to circumvent this condition by, for example, the use of ‘script’, ‘brute force’, masking their identity by manipulating IP addresses, using see identities other than their own or any other automated means in order to increase that entrant’s entries into the promotion in a way that is not consistent with the spirit of the promotion, that entrant’s entries will be disqualified and any prize award will be void.
20. Lost or Damaged entries.
- No responsibility is accepted for entries lost, damaged or delayed or as a result of any network, computer hardware or software failure of any kind. Proof of sending will not be accepted as proof of receipt.
- All disputes or complaints relating to the Prize Draw should be referred to the Charity at [email protected]. Please include the details of the Prize Draw, the Charity and the nature of your complaint and Givergy Ltd will respond to your complaint within 14 days of receipt. If your query or complaint relates to a data protection issue, then please email Givergy’s Data Protection Officer at [email protected].
22. Limitation of Liability
- Insofar as permitted by law the Charity will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage or personal injury or death occurring as a result of taking up the prize except where it is caused by the gross negligence of the Charity or their agents, distributors or employees.
- The Charity acting reasonably reserves the right to void, suspend, cancel or amend the Prize Draw where it becomes necessary to do so.
- In no event shall the Charity (including their employees, affiliates and volunteers) be liable for any claim, demand or damages arising out of or in any way connected with the entrant’s use of the site, the Prize Draw or their receipt and use or enjoyment of a prize.
- The Charity will not accept responsibility for competition entries that are lost, mislaid, damaged or delayed in transit, unless such event is caused by negligence of the Charity.
- Givergy Ltd may charge a fee of up to 15% of the price of each ticket sold for the marketing and running of the Prize Draw, including to cover any card payment fees and providing the system to enable the Prize Draw to take place. The remaining amount of all entry fees received in the Prize Draw go to the Charity.
- Upon request, the Charity will make available to entrants a current or final total of contributions made to the Charity.
24. Variation of Terms
- The Terms and Conditions current when a prize draw began will apply throughout the prize draw.
- These Terms and Conditions may be revised and updated by the Charity from time to time without notice. Entrants who have previously taken part in another Prize Draw are accordingly advised to familiarise themselves with the prevailing edition of these Terms and Conditions when deciding to participate in this Prize Draw.
25. Refunds Policy
- Due to the nature of the prize draws the Charity does not provide refunds for any reason whatsoever. Monies are raised for the Charity and (except for the fee set out in clause 22) go towards the Charity’s purpose. However, where there is a valid complaint, and the Charity deems that a refund or part refund is appropriate the Charity will liaise directly with the entrant. All complaints must be referred to the Charity at [email protected] in the first instance.
To the extent that there is a conflict between these Terms and Conditions and any terms and conditions on the relevant Prize Draw webpage, the terms and conditions on the relevant Prize Draw webpage shall take precedence.
26. Personal data
- The Charity and Givergy Ltd will process your personal data specifically for the purpose of administering the Prize Draw and/or auction, to contact you at the close of the event if you have won, to give full details of your prize and how to arrange or obtain the prize.
- Your data will not be passed on to any third party without your prior consent.
- Givergy Ltd’s payment provider Stripe Inc securely stores your card details and is PCI compliant.
27. Applicable Law
- This Agreement between you the bidder and the Charity shall be interpreted and construed in all respects in accordance with English law and any dispute arising in relation to any aspect of the use of the auction, the Bidding System, bids made by a bidder in the course of an auction, any item, payment delivery or any other matter relating to the auction shall be subject to the exclusive jurisdiction of the English courts to which the parties hereby irrevocably submit.
- The Charity may make your entry available on its website or other media and can use your name or county of residence to announce the prize draw/auction winner.
- If you object to your information being published or if you win or want to reduce the amount of information published, please contact [email protected]
29. Third Party Rights
- No person who is not a party to an Agreement shall have any right pursuant to the terms of the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such Agreement.