MissionFish Logo

The way for your charity to raise funds on eBay
Help  |  Contact Us  |  Site Map
 Home > Help > Policies > MissionFish UK Charity User Agreement

  • eBay Giving Works Charity Ribbon Policies

  • Welcome to the community of MissionFish ("MissionFish UK", "we," "us"). This service is operated by The Points of Light Foundation-UK (POLFUK)
  • Registered Charity No: 1110538
  • Registered Company No: 550404
  • Registered Office: Hotham House, 1 Heron Square, Richmond Riverside, Richmond, TW9 1EJ, UK

  • Introduction

  • A. We collect donations from Community Sellers who sell items through the eBay online market place and donate all or a portion of the proceeds from such sales to Participating Charities.
  • B. We forward each Donation that is made to us, less a small deduction for Expenses, to a Charitable Beneficiary. We endeavour to recover Gift Aid on each Community Seller donation and insofar as we do, each Donation to you will be enhanced by the amount of the Gift Aid recovered, less our deduction.
  • C. We permit charities to register with us as Participating Charities and provide information about them to Community Sellers. We also allow Participating Charities to post listings on eBay to raise funds and to identify those as charity listings.
  • D. By clicking on the button marked "I Accept" at the end of these terms and conditions and/or by using or accessing our Website, you agree to be legally bound by these terms and conditions of use as they may be modified and posted on our Website from time to time.

    • top

  • 1. Definitions

  • 1.1 "Charitable Beneficiary" a Participating Charity that a Community Seller chooses to receive his Donation.
  • 1.2 "Charity Profile" the detail required by us in our Charity Registration Form
  • 1.3 "Community Seller" an individual who registers with us so as to make Donations to a Charitable Beneficiary through Listings.
  • 1.4 "Direct Seller" a Participating Charity or individual associated with the charity who registers with us so as to sell Listings through eBay for Charity in support of their own organisation.
  • 1.5 "Donation" a donation from a Community Seller to a Charitable Beneficiary via POLFUK.
  • 1.6 "Downloadable Tools" tools for use in the Charity Area of the Website that allow you to place features in your website to tell users that you are a Participating Charity.
  • 1.7 "eBay" eBay Inc.
  • 1.8 "Ethical Standards" guidelines regarding the types of items for which Listings may be submitted.
  • 1.9 "Expenses" our expenses for providing this service including credit card charges as detailed on this page.
  • 1.10 "Listing" an item for sale on eBay listed by a Community Seller or you.
  • 1.11 "Mission Statement" a statement describing your organisation, its purposes and objectives in accordance with our guidelines.
  • 1.12 "Name and Logo" your Name and Logo.
  • 1.13 "Online Tools" means the web based tools to assist Participating Charities to view and manage their donations received through the eBay for Charity programme.
  • 1.14 "Participating Charity" means a charity registered with us to participate in this scheme.
  • 1.15 "Privacy Policy" means our privacy policy as varied from time to time.
  • 1.16 "Proceeds" means proceeds of the sale of a Listing.
  • 1.17 "Proof of Status" evidence of charitable status.
  • 1.18 "Seller Profile" your name, address and credit card information.
  • 1.19 "Website" www.missionfish.org.uk.

    • top

  • 2. Registration

  • 2.1 In order to register as a Participating Charity you must produce the following to our satisfaction:
  • Proof of Status;
  • Charity Profile;
  • Mission Statement.
  • You will promptly tell us of any change to any of these items.
  • 2.2 If you are registered with eBay to sell items through eBay's online market place, you may also list items as a Direct Seller. To do this, you will need to identify your organisation as the Seller by adding your eBay Seller ID to your Charity Profile as a Direct Seller before you may submit charitable listings on your own behalf and register as a MissionFish seller.
  • 2.3 You may update or correct information contained in your Charity Profile or Seller Profile by contacting us or by using Online Tools that may be provided. You agree to update your Charity Profile and Seller Profile promptly whenever necessary to maintain their accuracy and completeness. We will treat your Charity Profile and Seller Profile according to the terms of our Privacy Policy.
  • 2.4 You will cease to be a Participating Charity if eBay exercises its right to exclude you as a Participating Charity by exercising its reasonable discretion to require us to stop so treating you.

    • top

  • 3. Obligations of Participating Charities

  • 3.1 You hereby grant MissionFish UK a non exclusive licence to use your Name and Logo during the term of this Agreement in connection with identifying your organisation. We recognise that you retain ownership of your Trademarks, Trade Names and Service Marks and any associated good will.
  • 3.2 You are responsible for complying with all laws, rules and regulations applicable to your activities under this Agreement and will bear all associated costs.
  • 3.3 You will comply with:
  • 3.4 You shall at all times comply with the Data Protection Act 1998 (DPA) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (and any re-enactment or replacement of or amendment or extension to such legislation) and any other applicable law or regulation relating to the protection of Personal Data (as defined in the DPA).

    • top

  • 4. Eligibility to Receive Donations

  • 4.1 For so long as you are a Participating Charity, we will post information about you on the Website and will permit Community Sellers to access and view that information. If a Community Seller specifies your organisation as his or her Charitable Beneficiary for a particular Listing information about your organisation (or a hyperlink to that information) will be included within that Listing on the eBay online marketplace.
  • 4.2 We will permit Community Sellers to select your organisation as a Charitable Beneficiary for any Listing submitted by those Community Sellers. We will send you notification of each Listing in which your organisation has been named as the Charitable Beneficiary (unless you have chosen to opt out). We understand that Participating Charities may sometimes prefer not to receive donations in instances where the amounts to be donated are derived from particular Listings and sales which are contrary to their policies. For that reason, we permit you to use our Online Tools to request that eBay remove a particular Listing (and indicate your reasons for making such a request). Whenever a Participating Charity requests that a Listing be removed, we will exert commercially reasonable efforts to ensure the item is removed by eBay within 24 hours.
  • 4.3 If you submit a particular Listing on your behalf after adding your eBay Seller ID to your Charity Profile as a Direct Seller, we automatically consider the Listing to have been approved by you as submitted. Listings submitted by you on your own behalf result in donations being made directly to you.
  • 4.4 Donations made by Community Sellers are given to POLFUK and we give them to Charitable Beneficiaries after deduction of Expenses. We hold those Donations for 60 days so as to comply with our refund policy. You acknowledge that we make no promise that you will receive any minimum amount of Donations or any Donations at all. In particular, we reserve in our Agreement with Community Sellers, the right not to make a Donation to a named Charitable Beneficiary if for example, it has ceased to be a Charity, or because it might bring MissionFish into disrepute or for some other reasonable cause.
  • 4.5 Any Donation will be made by electronic funds transferred to the designed account specified in your Charity Profile and you will take all necessary steps to enable us to do this.
  • 4.6 If you receive any Donation after you have ceased to be a Charity or after this Agreement has terminated for any reason, you will promptly refund the full amount of the Donation to us. If you receive any Donation at a time when you are not a Participating Charity, we reserve the right to offset amounts that we would otherwise subsequently donate to you against the amount donated whilst you are not in good standing or we may require you to refund all or a portion of such donations made while you are not in good standing.

    • top

  • 5. Licences and Access to MissionFish UK Online Tools

  • 5.1 For so long as you are a Participating Charity you may access the Charity Area of the Website to access the Downloadable tools.
  • 5.2 So long as you are a registered MissionFish UK user in good standing, you may use the Online Tools and Downloadable Tools. You understand that you are permitted to use them personally and that such permission or access to them may not be assigned to any other person or used for any other purpose other than that permitted under this Agreement. We do not guarantee the accuracy of data presented to through the Online Tools, but will make commercially reasonable efforts to ensure their accuracy.
  • 5.3 When you submit a valid Listing to eBay as a Direct Seller, we will upload information to eBay indicating that the proceeds from the Listing are intended to benefit you.
  • 5.4 If your Listing indicates a Charitable Beneficiary other than your organisation, we will include information and/or logos (or a hyperlink to the same) about that organisation, provided that that organisation has provided appropriate information and materials to us and it has approved its designation as a Charitable Beneficiary. You will agree that we may include an icon that identifies your Listing as a charitable Listing.
  • 5.5 You acknowledge that when selling Listings on your own behalf (as a Direct Seller), such sales are transactions between you and the relevant Buyer(s) and you remain solely responsible for delivery of items and collections of amounts owed to you by Buyers.
  • 5.6 The contents of our Website including the Online Tools are protected by international copyright laws and other intellectual property rights. The owner of these rights is POLFUK, its affiliates or other third party licensors. All product and company names and logos mentioned in our Website are the trade marks, service marks or trading names of their respective owners, including us.
  • 5.7 You understand that Missionfish UK is not affiliated to eBay and no licence or other rights are granted by this Agreement to access or use of eBay. Your use of eBay remains subject to the terms and conditions of any Agreement between you and eBay.

    • top

  • 6. Processing Donations

  • 6.1 We do not charge you a fee for using the Charity Area or the Downloadable Tools.
  • 6.2 We will use all reasonable endeavours to recover the Income Tax from the Inland Revenue in respect of each Donation claimed under Gift Aid for Listings listed on your behalf by Community Sellers.
  • 6.3 PLEASE NOTE CAREFULLY: If you submit a Listing to eBay where you select another Participating Charity as your Charitable Beneficiary you will be subject to the eBay for Charity Seller terms and conditions and we shall treat the Listing as though it was listed by an ordinary Community Seller. As such, all deductions for expenses applicable to Community Sellers will be applicable to your organisation. Naturally, as with all charitable listings even in this case, we will not make deductions for expenses unless your listing actually sells through eBay. To avoid these additional deductions from amounts distributed to your organisation whenever you submit a Listing, you should be certain that your eBay Seller ID is added to your Charity Profile as a Direct Seller and your organisation is identified as the Charitable Beneficiary as outlined in Section 5.5.
  • Commmercial Participators
  • 6.4 Under UK law, a “commercial participator” is someone who encourages purchases of goods or services by stating that some of the proceeds will go to charity.
  • 6.5 You hereby authorise MissionFish and eBay to enter into agreements on your behalf with commercial participators that wish to make a donation to you under the eBay for Charity programme.
  • 6.6 You may terminate your agreement with any commercial participator:
    • 6.6.1 at any time by serving three months’ notice in writing on MissionFish;


    • 6.6.2 immediately if the commercial participator does anything which in the reasonable opinion of the Charity brings the Charity’s name or reputation into disrepute in any way.

    • top

  • 7. Warranties

  • 7.1 You represent and warrant to us that:
    • (i) you will at all times use the Website; the Online Tools; and the eBay on-line market place in compliance with all applicable laws, rules and regulations;


    • (ii) all information provided by you in your User Profile and any listing submitted through the Online Tools is true and accurate;


    • (iii) you will not disparage us, eBay or any Participating Charity;


    • (iv) you have the right to disclose all information in your User Profile or otherwise provided by you to us;


    • (v) you will at all times comply with the terms and conditions of this Agreement and any terms of use or other agreements you may have with eBay; and


    • (vi) you are the owner of or have the rights to sell all Listings.
  • 7.2 You agree to indemnify and hold harmless POLFUK and its officers, directors, employees, agents and vendors from and against all claims, costs, losses, damages, expenses and liabilities arising from your breach of any obligation, covenant, representation or warranty under this Agreement.

    • top

  • 8. Liability

  • 8.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our Website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these terms and conditions.
  • 8.2 We promise that the Online Tools, the Downloadable Tools and the service we provide to you under this Agreement will be of satisfactory quality. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Online Tools or the Website or any information or service provided through it.
  • 8.3 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable.
  • 8.4 You accept that any liability we may have to you in respect of any damage that you may suffer in using the Online Tools or the Website shall not exceed £50. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or fraudulent misrepresentation.
  • 8.5 We make no representations whatsoever about any other websites which you may access through the Website or which may link to it. When you access any other website, you understand that it is independent from us and that we have no control over its content or availability. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website.
  • 8.6 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements.
  • 8.7 Neither party will be held liable for any failure to perform any obligation to the other due to causes beyond that party's reasonable control.

    • top

  • 9. Term and Termination of this Agreement

  • 9.1 This Agreement becomes effective when you have accepted our Terms and Conditions by following the instructions on the Website. Once in effect this Agreement will continue until terminated by either of us.
  • 9.2 We may terminate this Agreement at any time by giving you notice in accordance with this Agreement.
  • 9.3 You may terminate this Agreement at any time and for any reason by providing written notice to us or by cancelling your membership using the tools provided for that within the Charity Area of the Website.
  • 9.4 We may temporarily suspend your access to the Website, the Online Tools and the Charity Area in order to require you to remedy any breach of this Agreement.
  • 9.5 You may cancel this Agreement at any time by giving us seven days written notice.
  • 9.6 The obligations of clauses 2.1, 2.3, 4.1,4.3, 5.3, 5.4, 5.5, 5.6, 6.3, 7, 8, this clause 9.6 and 11 will survive termination.

    • top

  • Security of Information

  • 10.1 The Website has security measures in place to protect against the loss, misuse and unauthorized alteration of information in MissionFish's possession and control. These measures are detailed in our clause 6 of our Privacy Policy.

    • top

  • 11. Miscellaneous

  • 11.1 This Agreement constitutes the entire agreement between us and supercedes all previous negotiation, understandings and agreements between us in relation to its subject matter.
  • 11.2 Neither party is an agent for the other and neither party has the authority to make any commitments on behalf of the other, except as provided for in this agreement.
  • 11.3 Notices to be given by you to us may be given by any means of contact in your user profile and will be effective when sent. If you fail to provide or update valid contact information as required by the User Profile you waive your right to receive notice under this Agreement during the period of such failure. Any notices given by us may be given by posting the information within the Website.
  • 11.4 Notices from you to MissionFish UK must be given by email to the appropriate address provided within the Website and will be deemed given when actually received by MissionFish UK.
  • 11.5 We may amend this Agreement at any time by posting amended terms on the Website. We will send a message to the email address in your User Profile alerting you. Except as otherwise expressly stated in such a posting all amended terms shall automatically be effective and legally binding upon you 14 days after having been posted on the Website. Your continued access to or use of the Website after such 14 day period will constitute your complete consent and acceptance to all such amended terms. If you do not accept the amended terms you may terminate this Agreement in accordance with clause 9.3 of this agreement.
  • 11.6 Should any provision of this Agreement be held by a court or other tribunal of competent jurisdiction to be void, illegal, invalid, inoperative, or unenforceable, the remaining provisions of this Agreement shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.
  • 11.7 You may not assign this Agreement without MissionFish UK's prior consent; any attempted assignment in violation of the forgoing will be null and void. MissionFish UK may assign this Agreement to any third party without your consent. Any remedies made available to MissionFish UK by the terms of this Agreement are cumulative and are without prejudice to any other remedies that may be available to MissionFish UK in law or equity.
  • 11.8 The failure by MissionFish UK to partially or fully exercise any right or the waiver by MissionFish UK of any breach shall not prevent a subsequent exercise of such right to be deemed a waiver of any subsequent breach of the same or of any other term of this License Agreement. Any remedies made available to MissionFish UK by the terms of this Agreement are cumulative and are without prejudice to any other remedies that may be available to MissionFish UK in law or equity.
  • 11.9 Any dispute between you and MissionFish UK which cannot be resolved by negotiation shall be submitted to mediation, and if mediation fails, arbitration, under the auspices of The Chartered Institute of Arbitrators in London, or any comparable entity that you and MissionFish UK may subsequently agree upon in writing. Any arbitration award issued by the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, MissionFish UK has the right to seek injunctive relief from any court of competent information to protect its rights in intellectual property or confidential information.
  • 11.10 This Agreement shall be governed and interpreted in accordance with the laws of England and you hereby submit to the non exclusive jurisdiction of the English Courts without regard to its principles of conflict of laws.
  • 11.11 We have used our best endeavours to ensure that our Website complies with UK laws and we do not accept charities from outside the UK. We make no representations that the materials on our Website are appropriate or available for use in locations outside the UK. Those who visit our Website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our Website and/or viewing of it, or use of any material or content on our Website or services, or products offered through our Website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our Website and you must exit immediately.
  • 11.12 These terms and conditions do not confer any rights on any person or party (other than you and/or us and eBay as your agent in relation to any seller under the eBay for Charity programme) pursuant to the Contracts (Rights of Third Parties) Act 1999.
  • 11.13 English shall be the language of this Agreement.

    • top

  • 12. VAT

  • All charges to be made by us under this Agreement are exclusive of VAT (if any).

    • top

Go to eBay for Charity   

Learn More


FRSB logoCopyright © 2000-2008 MissionFish. All Rights Reserved. Designated trademarks and brands are the property of their respective owners. Use of this Web site constitutes acceptance of the MissionFish User Agreement and Privacy Policy. MissionFish is a service of the Points of Light Foundation UK, registered charity No. 1110538.