What we do
Last updated: 6 September 2021
The Services provide: The ability to donate to charities and non-profit (herein Charity or Charities) via an information & Giving platform designed to support charitable donations in accordance to the desires of individual UK donors to their suggested charities. You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
All content of the app is the property of Toucan including but not limited to; giving portfolios (selected bundles of charities), one-off donations, impact funds, beaky bulletin (internal news) and influencer impact funds.
When you use the Services to make a donation, your donation is being made to our partner charity, Charities Trust (CT). CT facilities charitable giving by individuals, by receiving and administering donations and distributing donations to qualified organisations suggested by donors of Toucan.
Contributions through Toucan to CT are irrevocable gifts to charity when received and accepted by CT, which retains exclusive and legal control over all contributed assets.
Charities Trust is a registered charity; charity registration number 327489, company registration number 2142757 and an HMRC approved Payroll Giving Agency, England and Wales. Donations to CT are recognised as charitable contributions for UK tax purposes.
The supplemental policies set out in Section 1.11 below, as well as any supplemental terms and condition or documents that may be posted on Services from time to time, are expressly incorporated by reference.
We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Services represents that you have accepted such changes.
We may update or change the Services from time to time to reflect changes to our products, our users’ needs and/or our business priorities.
Additional policies which also apply to your use of the Services include:
• Our Privacy Notice www.thetoucan.app/privacy-policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the App and the Site, you consent to such processing and you warrant that all data provided by you is accurate.
The Services are only intended for use by people resident in the UK
The Charities listed on the Services are UK based charities only. These charities may operate overseas but are fundamentally registered with the U.K charities commission
You may only use the Toucan Services if:
Under no circumstances are third parties allowed to download or use the Services on your behalf
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
• Systematically retrieve data or other content from the Services to a compile database or directory without written permission from us
• Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretences
• Use a buying agent or purchasing agent to make purchases on the Services
• Use the Services to advertise or sell goods and services
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
• Engage in unauthorised framing of or linking to the Services
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
• Make improper use of our support services, or submit false reports of abuse or misconduct
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
• Interfere with, disrupt, or create an undue burden on the Services or the networks and services connected to the Services
• Attempt to impersonate another user or person, or use the username of another user
• Sell or otherwise transfer your profile
• Use any information obtained from the Services in order to harass, abuse, or harm another person
• Use the Services or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services
• Attempt to access any portions of the Services that you are restricted from accessing
• Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
• Delete the copyright or other proprietary rights notice from any of the content
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Services, or any material that acts as a passive or active information collection or transmission mechanism
• Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
•Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services
• Use the Services in a manner inconsistent with any applicable laws or regulations
• Threaten users with negative feedback or offering services solely to give positive feedback to users
• Misrepresent experience, skills, or information about a User
• Advertise products or services not intended by us
• Use the private API located at /api
• Falsely imply a relationship with us or another company with whom you do not have a relationship
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services.
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at email@example.com
If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and/or profile. We may remove or change a user name you select if we determine that such user name is inappropriate.
There may be opportunities for you to post content to the Services or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Services, and that they may be able to see who has posted that User Content
You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Services and otherwise. We do not have to attribute your User Content to you.
You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
We have the right to remove any User Content you put on the Services if, in our opinion, such User Content does not comply with the Acceptable Use Policy.
We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Services do not represent our views or values
If you wish to complain about User Content uploaded by other users please contact us at firstname.lastname@example.org
Except as expressly provided in these Terms and Conditions, no part of the Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Services, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
You shall not (a) try to gain unauthorised access to the Services or any networks, servers or computer systems connected to the Services; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Services or Our Content, including the modification of the paper or digital copies you may have downloaded.
We shall (a) prepare the Services and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
The content on the Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Services.
Although we make reasonable efforts to update the information on our Services, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Services is accurate, complete or up to date.
The Services may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.
We appoint Charities Trust whose registered office is at Suite 20-22, Century Building, Brunswick Business Park, Tower Street, Liverpool, L34BJ (charity number 327489 and company number 2142757) to act as Gift Aid intermediary
Charities Trust will process Gift Aid declarations in respect of donations made through Toucan with HMRC and will assist in sending funds to the chosen charity. Any interest accrued on donations made through Toucan and held in a Charities Trust bank account will be retained by Charities Trust and used to improve the services that Charities Trust provides.
When you ask us to make a payment to a charity using Toucan, we may ask if you want to add Gift Aid to your donation through accepting a Gift Aid declaration. If you accept this declaration, you are giving your consent for us to send to Charities Trust certain personal information we hold about you, including your name, address, mobile number or email address. We will share this information with Charities Trust on the basis they will only use it to collect the Gift Aid payment and subject to the requirements of data protection laws. By accepting the Gift Aid declaration, you are confirming that if you pay less income tax and/or capital gains tax in the current year than the amount of Gift Aid claimed on all donations and it will be your responsibility to pay any difference to HMRC. Please ensure you read the Gift Aid declaration in full when making any donations through Toucan.
Charities will receive 100% of the gross donation amount of every donation made through Toucan
Toucan only appoints and displays charities that are:
• Registered with The Charity Commission for England and Wales. This is the non-ministerial government department that regulates charities in England and Wales and maintains the Central register of Charities. This ensures that all charities registered on Toucan are non-profit organisations (NPO) with an approved and regulated set of Charitable objectives.
• Up to date with their required legal filings held with the Charities Commission
• An approved beneficiary of Charities Trust (approved by HMRC)
You can find out more information about any charity listed on Toucan by visiting the charity’s website or the relevant charities regulator (but please note that we are not responsible for the content of any third party websites)
Sometimes Toucan listed Charities get deactivated. You can only use Toucan to make a payment if the charity is listed as active
In the event that we are unable to send donations to the chosen charity due to legal, regulatory or any other unforeseen reason, or in the event that we are unable to do so after making reasonable attempts, Charities Trust will, at its absolute discretion, make a donation to a Charity of similar representation in line with its Charitable objectives. Your impact statement displayed on the Services will still reflect the charity that you made the original donation suggestion too.
Toucan may terminate agreements based on any reports of payment irregularity, fraud or misrepresentation set up by you on behalf of a charity. Any charity displayed on the Toucan platform are not an indication of our endorsement or approval of such causes as the platform is open to the public and charities can register as long as they are not in breach of our rules.
The charity will receive donations into their respective bank accounts based on the agreed payout schedule between the beneficiary charity and Charities Trust.
The Charity will not receive donor data unless express permission has been given by the donor to do so.
Toucan cannot guarantee your donation will be used for the category you select during checkout and is therefore not responsible for the actions of a charity. Causes and organisations may use your donation for administration costs or for appeals not originally intended. Once a donation has been made, any dispute or dealings shall be between the donor and recipient. If you require your donation to be for a specific purpose only or you are dissatisfied about how funds are being used, you should contact the charity directly.
Toucan charges users two fees per transaction:
• A fixed transaction fee
50p per transaction
• A flexible platform fee (users can select from the below)
4/6/8% of the transaction amount
Users only are charged fees.
Charities are not charged to receive the transaction amount and receive 100% of the transaction amount.
For the avoidance of doubt, the transaction fee and platform fee are surplus (additional) fees, charged to the user on top of the transaction
If the user has opted for a recurring monthly payment, the same fees will apply on a rolling monthly basis as charged on their preliminary transaction, until the user opts to cancel or adjust their monthly payment.
Toucan do not allow refunds unless under special circumstances, for all requests please email email@example.com.
When you make a donation and the transaction has been completed, this cannot be disputed except in the case where fraudulent or unauthorised usage of your payment card or payment method is proven. If you suspect or are aware of fraudulent activity being carried out in your name, you must contact the provider of your card or payment method, for them to advise you accordingly.
Unless prohibited by law, our liability for losses you suffer as a result of us breaking these Terms of Service is strictly limited to the donation amount, platform fee and transaction fee.
Nothing in these Terms of Service limits in any way our liability:
• for death or personal injury caused by our negligence;
• for fraud or fraudulent misrepresentation;
• for any deliberate breaches of these Terms of Service by us that would entitle you to terminate the contract between us; or
• for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
Subject to clause 12.2 all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms of Service
Subject to clause 12.2 we are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms of Service by us that would entitle you to terminate the contract between us, including but not limited to:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings; or
• loss of or corruption to data;
howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that clause 12.3 shall not prevent claims for direct financial loss that are not excluded by any of categories within 12.4
Applicable laws require that some of the information or communications we send to you should be in writing. By using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Toucan Operations Limited at 10-12 Bourlet Close, London, England, W1W 7BR, UK. We may give notice to you at either the e-mail or postal address you provide to us when making a donation. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three (3) days after the date of posting of any letter.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the address.
We reserve the right to change these Terms of Service, by providing you with at least 2 week’s notice by email and will ensure that the most recent version is available on the Website.
If you do not want to continue these Terms of Service because of a change we are making, you have the right to terminate these Terms of Service immediately and without charge by giving us written notice before the change comes into effect. If you do not cancel during this period, then you will be deemed to have accepted them by using the Website and the changes will apply.
We may end these Terms of Service at any time if:
• we discover that any of the information that you provided to us was incorrect; or
• you die; or
• you become bankrupt; or
• you become of unsound mind; or
• you have breached these Terms of Service (or we have reason to believe that you have, or intend to); or
Otherwise we will give you at least thirty (30) days’ notice of termination.
Notwithstanding termination of these Terms of Service, your liability to us will continue and you will remain liable until all sums due under these Terms of Service have been paid by you in full.
You may terminate these Terms of Service at any time by emailing us at firstname.lastname@example.org. You will not be charged for termination but you may be charged a refund fee in respect of the withdrawal of any donation made.
You may provide us with personal data from time to time in connection with your Toucan Account. Some personal data will be necessary for us to provide you with the services under these Terms of Service. You must notify us immediately of any change of name, or email address emailing email@example.com.
We will disclose your personal information to:
• Charities Trust. When you ask us to make a payment to a charity using Toucan, we may ask if you want to add Gift Aid to your donation through accepting a Gift Aid declaration. If you accept this declaration, you are giving your consent for us to send to Charities Trust certain personal information we hold about you, including your name, address, mobile number or email address. We will share this information with Charities Trust on the basis they will only use it to collect the Gift Aid payment and subject to the requirements of data protection laws. By accepting the Gift Aid declaration, you are confirming that if you pay less income tax and/or capital gains tax in the current year than the amount of Gift Aid claimed on all donations and it will be your responsibility to pay any difference to HMRC. Please ensure you read the Gift Aid declaration in full when making any donations through Toucan.
• Our technology partners so that they can authorise and manage donations against your Account.
We may also utilise the services of third parties to conduct checks and help us verify your identity and the identity of any other card holder. This allows us to comply with “know your customer” and anti-money laundering requirements which are aimed at detecting and preventing financial crime
You should assume all information provided to us is available to law enforcement bodies and regulatory authorities
We may use your personal data to:
•provide you with services under these Terms of Service;
• enable us to review, develop and improve our products and services;
• help identify products and services that may be of interest to you;
• undertake research and analysis; and
• for direct marketing purposes (if you give your consent).
We may also disclose your personal data as required by law, regulation or any other competent authority or agency including to authorities and agencies to investigate possible unauthorised or unlawful activity.
You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us. In normal circumstances, there will be no fee, however, we reserve the right to charge a reasonable fee to cover our administration costs if the request is deemed to be excessive or manifestly unfounded or if you request further copies of your data.
It is your responsibility to keep us updated of changes to your personal details. Failure to do so may result in us being unable to contact you regarding our services, including the provision of refunds to which you might be entitled or to let you know about changes to Terms of Service.
No delay or failure to exercise any right or remedy under these Terms of Service by either you or us shall be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
No one other than a party to these Terms of Service (and in the case of Toucan their successors and permitted assignees) shall have any right to enforce any of its terms.
If any provision of these Terms of Service shall be found by any court or administrative body of competent jurisdiction to be invalid, unlawful or unenforceable, such invalidity, unlawfulness or un-enforceability shall not affect the other provisions of these Terms of Service which shall remain in full force and effect.
If any provision of these Terms of Service is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid.
The Terms of Service between you and us are binding on you and us.
You may not assign or transfer these Terms of Service or any of your rights and/or benefits or obligations under these Terms of Service, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms of Service, or any of our rights or obligations arising under them, at any time provided we inform you and your rights under these Terms of Service are not prejudiced.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Service that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
• the closure or unavailability of Charities Trust, or any other charities displayed on our application;
• strikes, lock-outs or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• impossibility of the use of public or private telecommunications networks; and
• acts, decrees, legislation, regulations or restrictions of any government.
Our performance under these Terms of Service is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms of Service may be performed despite the Force Majeure Event.
These Terms of Service and any document expressly referred to in them represent the entire agreement between us in relation to their subject matter and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
Please refer to our Customer Complaints & Error Handling Policy for more information. You can request it by writing to us or emailing firstname.lastname@example.org.
Our Customer Services team is available from 9am to 5.30pm Monday to Friday (UK time). During these hours we will endeavour to resolve all enquiries immediately, however please note that certain types of enquiry can only be resolved during normal business opening hours. You can contact Our Customer Services team by the following methods:
• Emailing email@example.com from the email address We have for You
• Toucan want to hear from you if you feel unhappy about the service you have received from Toucan or Charities Trust. Please contact us using the details on the Website and give us the opportunity to investigate and resolve the matter. This also helps improve our service for all customers. If you have a complaint relating to the charity, please contact them directly.
These Terms of Service 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) will be governed by English law.
Any dispute or claim arising out of or in connection with these Terms of Service, their subject matter or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the English courts. We retain the right to bring proceedings against you for breach of these Terms of Service in your country of residence or any other relevant country
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