Terms and Conditions

WeSayWePay Terms and Conditions of Use

Updated June 28, 2011.

Welcome to WeSayWePay.com (the "Site") owned and operated by Publicsquare Limited, ("WeSayWePay", "we", "our", "us"); a company registered in England & Wales, 4441486. Our registered office is at 2nd Floor, Titchfield House, 69-85 Tabernacle Street, London EC2A 4RR

Please read these Terms of Condiitions of Use ("Terms", "T&Cs", "Terms of Use", "Terms and conditions", "Terms of Service") carefully, they contain important information about your rights and obligations

By accessing this site you agree to be legally bound by the following Terms of Use summarised below and you accept WeSayWePay.com "as is" and choose to use it at your own risk. Access to our site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our site without notice to you.

Privacy

In addition to reviewing these Terms, we respect your privacy so you also should read our Privacy Policy to explain how we collect and use your personal information. Your use of the Site and its Services constitutes your agreement to our Privacy Policy as part and within the Terms and Conditions of Use.

We're in Beta

WeSayWePay is currently a beta version. This means that it is the first release of the site and we're still working on improving and developing the website. We welcome suggestions or if you experience any issues then please contact us at hello@WeSayWePay.com

Terms

The following defined terms appear in this Terms of Service for Customers.

• "Goal": The specific intent and Beneficiaries for which efforts and fundraising are directed and Projects created.
• "Customer": An individual that registers to use, or uses our service to make, designate, or process payment transactions
• "You" or "User": A person that registers with the service as an organiser (Project Manager) or a beneficiary or is a participant (Contributor) to group Projects (event, activity, plan)
• "Account": The WeSayWePay project account created by Users who undertake to organise, set up the WeSayWePay project, and to receive the payment transaction on behalf of Beneficiaries
• "Beneficiary": The intended recipients of the Project Goal, all Contributors and any Stakeholders howsoever defined.
• "WeSayWePay Project Group" or "Group": The pooling or aggregation of funds from Contributors via payment transactions and stakeholders relating to the WeSayWePay Project
• "WeSayWePay Project": Is an event, plan or activity created using WeSayWePay in which funds from multiple participants are pooled and directed by the trustee for the designated WeSayWePay project purpose (Goal).
• "Payment Instrument": PayPal service that is registered with the WeSayWePay service by customers to facilitate the processing of payment transactions must be associated with a billinThe processing of a payment through the service that results in the charging of the purchase amount to a customer’s payment instrument and the crediting of funds to a beneficiary.
• "Purchase Amount": The Sterling amount of a payment transaction for an individual contribution to a WeSayWePay project.
• "Service": The service, described in these Terms of Service for customers, facilitates the processing of payment transactions and administration of groups of Contributors (people who make donations) and Project Managers (the Project’s trustee and creator) to collect and pool money, in order to support community Projects with a specific Goal.

BY CLICKING ON THE "SIGN UP" BUTTON ON THE WeSayWePay.COM REGISTRATION PAGE YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE.

Registration and signing in

You need to register to use WeSayWePay.

Registration is required to set up a WeSayWePay project (as a Project Manager) or contribute (donate or support) or contribute (write) content.

However, registration is not required to view restricted content only but not use the services of WeSayWePay.

In order to register, you must supply your name, email address and a password. You must provide us with accurate, complete and up-to-date information.

In order to access your WeSayWePay profile after registration, you must sign in using your email address and password. You must keep your password confidential and secure. You will be responsible for any access to WeSayWePay by anyone using your sign-in details. Please notify us immediately if you know or suspect that anyone has signed in to your profile without your authority.

You must be at least 18 years of age and resident in the UK to register.

Currently registered users (Project Managers) must use the PayPal service (linked to a bank account) as a payment instrument for purposes of validation and for payment of transactions, arising from its use of the WeSayWePay service.

Project Managers agree to provide current, complete and accurate registration information and payment instrument information, including submitting a request for a payment authorisation of an amount of less than £1 to verify the PayPal account's status which will be refunded immediately.

WeSayWePay in its sole and absolute discretion, may refuse to approve or may terminate existing registration for a Project Manager with or without cause or notice.

WeSayWePay also reserves the right to refuse the service to any user

All registrants may not:

• Impersonate any other person, or otherwise misrepresent your identity or status, on WeSayWePay;
• Transfer your WeSayWePay profile and/or sign-in details to any other party, without our consent;
• Harvest or otherwise collect information about WeSayWePay users, including email addresses, without their consent;
• Take any other action that may undermine the purpose of WeSayWePay as a service to help people raise money online

WeSayWePay will not be held liable for any loss or damage due to non-compliance.

WeSayWePay Content

WeSayWePay contains information, graphics, designs, logos, software and other content ("WeSayWePay Content"). You acknowledge and agree that we own all title to, and intellectually property rights in, WeSayWePay and the WeSayWePay Content. For as long as you are registered with WeSayWePay, you may access and use WeSayWePay and the WeSayWePay Content, print, copy and download individual pages of WeSayWePay Content and store such pages in electronic form for your personal use only, provided that you comply with these Terms of Use.

You must ensure that any copyright and trademark notices in the WeSayWePay Content appear in all copies of the WeSayWePay Content and you must not:

• Modify the WeSayWePay Content in any way;
• Copy, store electronically or systematically download all or any part of WeSayWePay or the WeSayWePay Content, except as permitted above; or
• Re-publish, distribute, sell (or offer to sell) or otherwise make available to third parties all or any part of WeSayWePay or the WeSayWePay Content.

Your Content and other website accounts

In creating a WeSayWePay profile and using WeSayWePay, you will provide us with information and other content ("Your Content"). By submitting Your Content to us, you grant us a licence to use, host and publish Your Content for the purposes of operating WeSayWePay and administering your WeSayWePay profile.

In using WeSayWePay, you may link accounts or registrations, which you hold with third party websites to your WeSayWePay profile ("Your Accounts"), in order to build your profile rating. By doing so, you grant us a licence to access Your Accounts at any time and without notice, to extract information about you from Your Accounts and to use and store such information in order to administer your WeSayWePay profile.

Please note that we will only use personal information about you in accordance with our Privacy Policy.

Service: Facilitating transactions between groups and individuals

WeSayWePay facilitates groups of Contributors (people who make donations) and Project Managers (the Project’s trustee and creator) to collect and pool money, in order to support community Projects with a specific Goal.

If a WeSayWePay project (event, activity, plan) is successfully completed; by reaching a predetermined (monetary) collection goal deadline; WeSayWePay transfers deposits from participants of the WeSayWePay project to the appointed trustee for the intended purpose.

If a WeSayWePay project expires or is not successful based on the organiser's pre-determined collection goal, WeSayWePay will refund all payments (if any have been collected) associated with the WeSayWePay project back to the contributing participants.

Transaction Fees will only be applied for successful WeSayWePay projects i.e. where the full monetary amount is reached and on an “all or nothing basis”.

Transaction fees comprise our administrative levy of 5% of the transaction value and a one-off charge of £3.50. Where appropriate our fees will be subject to Value Added Tax (VAT). Our third party payment processor, PayPal may levy payment processing charges details of which can be found here.

Service: Your Responsibilities and Risks

WeSayWePay provides an online platform to facilitate community groups in raising and administering funds towards achieving community projects. Our innovation means adapting existing formal legal frameworks to enable the most appropriate framework to support community endeavours created to help people raise money online for the things that matter to them most. To this end we believe that a Power of Attorney arrangement is most effective way to make the process easy and robust, as follows:

1. The person who initiates a project via WeSayWePay.com does so as the Project Manager, and invites Contributors to donate money to finance the Project, and sets out:
   • The project Goal and who will benefit
   • The target Amount required to achieve the project Goal
   • A date when fund raising will close
2. Any person may contribute to the project fund, whether or not they expect to be a direct beneficiary of the project Goal, and by doing so: Makes a voluntary donation, which the Project Manager is only obliged to refund if:
   • The Contributor retracts their donation, (who can do so at any point up until the final two weeks of Project funding deadline), or
   • The Project manager or WeSayWePay terminate or cancels the project, or
   • If the project fails to raise the target sum within the fund raising period.
3. Contributors also grant a limited and revocable power of attorney to the Project Manager:
   • To administer their contribution as their appointed Agent in order to achieve the stated project objective (Goal) in accordance with Powers of Attorney Act 1971.
   • Places the Agent (Project Manager) under a duty of trust to use the funds in the interests of the donor (and not his/ her own).
   • To familiarise themselves with their responsibility as Agent and the Project Managers duties and obligations (below) in general.
4. When you use the Site, you authorise WeSayWePay to process donations that you make through the Site. When you make these donations, you agree WeSayWePay will:
   • Process your donations through WeSayWePay and its third party payment processor, PayPal, minus any charges they may make.
   • Hold any donations in a segregated client bank account; attributable to a specific project for which we maintain a strict accounting record of all contributions and disbursements made in respect of each Project created. Any interest accrued over £10 for deposits over £500 pa for any given project will be remitted in respect of each Project created.
   • For successfully (fully funded) Projects remit funds to the designated trustee less transaction charges.
   • Use our Transaction fees to support an online forum and back office infrastructure to support this kind of fund raising process, and publicise our services in order to widen the reach of potential contributors for your next WeSayWePay project.
5. WeSayWePay will make every effort in good faith to collect monies committed by Group members; WeSayWePay does not guarantee that it will collect the full amount of money committed by Contributors. WeSayWePay reserves the right to cancel a WeSayWePay Project and refund all associated members' payments at any time for any reason.

Service: Your Duties and Obligations

Each Contributor or Project Manager undertakes to uphold and consent to the following duties and obligations:

1. Project Manager:
   • Acts “on behalf” of Contributors which creates an agency relationship.
   • As Agent has a duty of trust to use the funds in the interests of the donor and not his/ her own.
   • Understands any granting of power of attorney in accordance with the stated project objective (Goal) is strictly revocable and limited in accordance with Powers of Attorney Act 1971.
   • Has a fiduciary and legal responsibility to the Contributors and to ensure good faith is practiced on all matters of representation and conduct at all times.
   • Understands misuse of Project funds may result in civil or criminal penalties.
2. Contributor:
   • Authorises the Project Manager to act “on behalf” of the Contributor as their Agent.
   • Confirms their intention to grant the Project Manager as Agent a limited Power of Attorney in accordance with Powers of Attorney Act 1971, subject to the understanding:
     • a. Such power granted to the Agent is restricted to authority to administer only their contribution made via WeSayWePay, and
     • b. To act as Agent in so far as is necessary to administer their contribution to achieve the project Goal towards to which the contribution has been made.

Liability and Warranty

WeSayWePay is not responsible for any uses of the proceeds and only facilitates groups of Contributors (people who make donations) and Project Managers (the Project’s trustee and creator) to collect and pool money, in order to support community Projects with a specific Goal.

WeSayWePay does not offer consumer credit; neither is it a creator of e-money; nor a licensed deposit taker: All activities regulated in the UK under the Office of Fair Trading and Financial Services Authority respectively.

WeSayWePay does not solicit or induce investment opportunities nor does Contribution to any Project constitute a holding of equity or shareholding in any WeSayWePay Project or undertaking now or in the future.

WeSayWePay also makes no guarantees regarding the performance or fairness of its payment service, PayPal Inc. WeSayWePay, Inc. shall not be liable for your interactions with any organisations and/or individuals found on or through the WeSayWePay service after funds have been transferred. This includes, but is not limited to, delivery of goods and services through WeSayWePay projects, and any other terms, conditions, warranties or representations associated with such dealings.

After WeSayWePay transfers funds to the Agent, all subsequent dealings are solely between you and such organisations and/or individuals. By using our service, you agree that WeSayWePay is not responsible for any damage or loss incurred as a result of any such dealings. WeSayWePay is under no obligation to become involved in disputes between group event participants, organisers, and beneficiaries, or between site members and any third party. In the event of a dispute, you release WeSayWePay, its officers, employees, agents and successors from all claims, damages and demands, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of, or in any way related, to such disputes and our service.

Though WeSayWePay cannot be held liable for the actions of a Project Manager, organisers are nevertheless wholly responsible for fulfilling obligations both implied and stated in any group Project they create. WeSayWePay reserves the right to cancel any Project and refund all associated Contributors' payments at any time and for any reason. WeSayWePay reserves the right to remove a Project from our Web site for any reason, not limited to the following:

You may not upload any content to WeSayWePay that is or may be:

• Unlawful or which promotes or teaches unlawful activity;
• Prejudicial to any active legal proceedings of which you are aware;
• False, inaccurate, misleading, defamatory, offensive, harassing, threatening, racist, sexist, pornographic, obscene or otherwise objectionable;
• A violation of another person's privacy or a breach of confidentiality;
• An infringement of any other person's intellectual property rights, such as copyright or trademarks; or
• An offer to sell goods or services to another person; or
• Gain unauthorised access to our site; introducing a computer virus or other malicious or harmful code; attack our site via a denial- of-service attack or a distributed denial-of service attack. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990.

European Anti-money laundering Regulations

WeSayWePay has an obligation to comply with Money Laundering Regulations, which mean identifying and verifying the identity details of Project Managers.

If a WeSayWePay wishes to avoid unnecessary ‘red tape’, which inhibits participation, as our reason for existing is to facilitate grass roots involvement in community projects. Accordingly, on a risk weighted assessment appropriate for an online environment WeSayWePay has determined that where the funds raised are below the 2000 Euros threshold set by the European Money Laundering guidelines, it is sufficient to rely on the prior money laundering checks conducted by the underlying bank account linked to the Project Managers verified PayPal account, to verify his/her identity details.

Where the cumulative funds raised by a Project Manager exceed 2000 Euros (including prior fundraising projects), WeSayWePay will request proof of identity and address in compliance with the UK Money Laundering requirements. This may also apply to Contributors.

ALL SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT

1. THE SERVICES WILL MEET YOUR REQUIREMENTS;
2. THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR
4. THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICES, THE SHARING OR UPLOADING OF CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS SITE OR THROUGH THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, IS DAT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Our site automatically updates constantly. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

We may limit or terminate our service, remove content and take technical and legal steps to prevent users from the site if we think they are creating problems or acting inconsistently with the letter or spirit of our policies. We don't tolerate offensive or disrespectful content and we reserve the right to remove any content and/or block users who engage in such practice. Please report problems, offensive content and policy violations.

Trademarks

The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.

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

Jurisdiction and applicable law

We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction. If any part or provision of these Terms of Use is found to be unenforceable, this shall not affect the validity of any other part or provision.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

Home About WeSayWePay Terms and conditions of use Privacy Policy Fees Contact WeSayWePay Help © Copyright 2011 WeSayWePay