MissionFish

The way for your charity to raise funds on eBay
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  • eBay Giving Works Charity Ribbon Policies

  • Welcome to the community of MissionFish ("MissionFish UK", "we," "us").
  • Registered charity name: The Points of Light Foundation-UK (POLF UK)
  • 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 eBay Users and PayPal Users, acting as Community Sellers or Donors.
  • 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 eligible donations and insofar as we do, each Donation to you will be enhanced by the amount of the Gift Aid recovered, less our deduction.
  • C. MissionFish provides direct benefits to Participating Charities in three ways:
    • (i) Participating Charities may receive donations from eBay Community Sellers. Community Sellers may, while listing an item through eBay for Charity, search and select the Participating Charity of their choice.

    • (ii) Participating Charities may act as Direct Sellers themselves within eBay for Charity, by posting their own items for sale on eBay and thus raising funds.

    • (iii) eBay Users and PayPal Users (acting as Donors) can make donations not connected to specific eBay listings to a Participating Charity, for example by making a donation when they buy an item on eBay, or via MissionFish’s cash donation interfaces.
  • 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.

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  • 1. Definitions

  • 1.1 "Charitable Beneficiary" a Participating Charity that a Community Seller or Donor chooses to receive his Donation.
  • 1.2 “Charity Area” the area of the Website which allows Participating Charities to view, manage and/or update their details in relation to this Agreement.
  • 1.3 "Charity Profile" the detail required by us in our Charity Registration Form.
  • 1.4 "Community Seller" an individual who makes Donations to a Charitable Beneficiary through eBay for Charity Listings.
  • 1.5. “DPA” the Data Protection Act 1998 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.
  • 1.6 "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.
  • 1.7 "Donor" an individual or business who or which makes a donation to a Participating Charity through MissionFish.
  • 1.8 "Donation" a donation from a Community Seller or Donor to a Charitable Beneficiary via MissionFish.
  • 1.9 "eBay" eBay Inc.
  • 1.10 “eBay for Charity” the programme whereby eBay sellers can donate a percentage of their proceeds to a Charitable Beneficiary.
  • 1.11 “eBay User” an individual who makes use of the eBay online marketplace.
  • 1.12 "Expenses" our expenses for providing this service as detailed on this page.
  • 1.13 “Featured Logo” a miniature image (usually a miniature version of your logo) we may use from time to time to identify your charity to eBay Users and PayPal Users.
  • 1.14 “Featured Phrase” a brief phrase (usually an abbreviated version of your mission statement or campaign) we may use from time to time to explain your charity’s work to eBay Users and PayPal Users.
  • 1.15 "Listing" an item for sale on eBay listed by a Community Seller or you.
  • 1.16 "Mission Statement" a statement describing your organisation, its purposes and objectives in accordance with our guidelines.
  • 1.17 "Name and Logo" your Name and Logo.
  • 1.18 "Online Tools" the web based tools to assist Participating Charities to view and manage their donations received under this Agreement.
  • 1.19 "Participating Charity" a charity registered with MissionFish to receive donations.
  • 1.20 “PayPal User” any business, or any user or customer of any business which makes use of the payment processing systems provided by PayPal.
  • 1.21 “Personal Data” personal data about individuals, as defined in the Data Protection Act 1998.
  • 1.22 "Privacy Policy" our privacy policy as varied from time to time.
  • 1.23 "Proceeds" proceeds of the sale of a Listing.
  • 1.24 "Proof of Status" evidence of charitable status.
  • 1.25 “Style Guide“ the part of the Ethical Policy for your charity which sets out the permitted and prohibited uses of your Name, Logo, Featured Logo and Feature Phrase under this Agreement
  • 1.26 "User Profile" the detail required by us to identify and communicate with the individual, or individuals, who register the charity with us.
  • 1.27 "Website" www.missionfish.org.uk.

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  • 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 and Mission Statement;
  • Bank account details;
  • 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 marketplace, 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.
  • 2.3 You may update or correct information contained in your Charity Profile by contacting us or by using Online Tools that may be provided. You agree to update your Charity Profile promptly whenever necessary to maintain their accuracy and completeness.
  • 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, or if MissionFish exercises its reasonable discretion to stop so treating you.

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  • 3. Obligations of Participating Charities

  • 3.1 You hereby grant MissionFish a non-exclusive licence to use and sub-license 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 also grant MissionFish the right to create, use and sub-license a Featured Logo and Featured Phrase to represent your charity to eBay Users and PayPal Users. You have the right to submit an alternative Featured Logo and/or Featured Phrase to us, and we reserve the right to determine whether any Featured Logo and/or Featured Phrases you submit will be acceptable and effective for the purpose of representing your charity to eBay Users and PayPal Users.
  • 3.3 You are responsible for complying with all laws, rules and regulations applicable to your activities under this Agreement and will bear all associated costs.
  • 3.4 You shall at all times comply with the DPA in respect of Personal Data.

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  • 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 eBay Users and PayPal Users 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.
  • 4.4 Donations made by Community Sellers and Donors are given to MissionFish and we give them to Charitable Beneficiaries after deduction of Expenses. We may hold those Donations for up to 60 days so as to comply with our refund policy.
  • 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.
  • 4.7 As a Participating Charity, you have the option to receive donations from Donors through cash donation features and tools provided by MissionFish to PayPal Users. For details of the different donation options, and/or to exclude your organization from some or all of these features, you can contact us or update the relevant preference in your Charity Profile.
  • 4.8 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.

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  • 5. Licences and Access to MissionFish Online Tools

  • 5.1 For so long as you are a Participating Charity you may access the Website to access any Online Tools that may be provided.
  • 5.2 So long as you are a registered Participating Charity in good standing, you may use the Online Tools. You understand that you are not permitted to use them for any other purpose other than that permitted under this Agreement. We do not guarantee the accuracy of data presented 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 MissionFish, 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 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.

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  • 6. Processing Donations

  • 6.1 We do not charge you a fee for using the Charity Area or the Online Tools.
  • 6.2 We will use all reasonable endeavours, where applicable, to recover the tax from HM Revenue & Customs in respect of each Donation claimed under Gift Aid. You acknowledge that there is no guarantee that we will collect and pass on Gift Aid on any form of donation.
  • 6.3 PLEASE NOTE CAREFULLY: If you submit a Listing to eBay through an eBay seller ID that is not registered as a Direct Seller for the relevant Participating Charity, 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 such Listings. 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.
  • 6.4 In processing donations to your charity, we shall only use Personal Data relating to individual Donors in accordance with the DPA and your reasonable instructions. All such information (whether kept in the form of manual or computer records) shall be kept securely and we shall take all necessary steps to ensure that the information is not subjected to unauthorised or unlawful processing, tampering or accidental loss, destruction or damage.
  • Commmercial Participators
  • 6.5 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.
  • 6.6 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 or through our other cash donation features and tools[subject to your preferences in your Charity Profile (see Section 4.7)].
  • 6.7 You may terminate your agreement with any commercial participator:
    • 6.7.1 at any time by serving three months’ notice in writing on MissionFish;


    • 6.7.2 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.

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  • 7. Warranties

  • 7.1 You represent and warrant to us that:
    • (i) you will at all times use the Website; the Online Tools; the eBay online marketplace 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

    • (vi) you are the owner of or have the rights to sell all Listings you submit.
  • 7.2 You agree to indemnify and hold harmless MissionFish 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.

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  • 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 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 losses or damage that are not directly associated with the incident that caused you to claim, 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 connection with this Agreement (including but not limited to using the Online Tools and/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.

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  • 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 on seven days’ notice by giving us written notice of such intention 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 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 9.5 and 11 will survive termination.

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  • 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.

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  • 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 must be given by email to the appropriate address provided within the Website and will be deemed given when actually received by MissionFish.
  • 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's prior consent; any attempted assignment in violation of the forgoing will be null and void. MissionFish may assign this Agreement to any third party without your consent. Any remedies made available to MissionFish by the terms of this Agreement are cumulative and are without prejudice to any other remedies that may be available to MissionFish in law or equity.
  • 11.8 The failure by MissionFish to partially or fully exercise any right or the waiver by MissionFish 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 by the terms of this Agreement are cumulative and are without prejudice to any other remedies that may be available to MissionFish in law or equity.
  • 11.9 Any dispute between you and MissionFish which cannot be resolved by negotiation [may] 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 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 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 or any representation by a Donor through our other cash donation features and tools that a donation will be made to you) pursuant to the Contracts (Rights of Third Parties) Act 1999.
  • 11.13 English shall be the language of this Agreement.

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  • 12. VAT

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

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  • End of Terms and Conditions
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