Terms and Conditions
Toucan Operations Limited (Toucan/We/Us/Our) is a company registered in England and Wales, Company Number 12280186 and registered at 10-12 Bourlet Close, London, England, W1W 7BR. In downloading and running Our application and accessing Our website (both defined as “Services”), you are agreeing to be bound by these Terms and Conditions.
If you do not agree with 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.
Toucan provides a giving platform, made available through the Services, that displays information about charities and non-profit organisations (“Charity or Charities”) and enables individual users to donate to the Charities of their choice.
The Services and all related content (“Our Content”) is the property of Toucan including but not limited to; giving portfolios (selected bundles of charities), impact funds and news portal.
When you use the Services to make a donation, you are first donating to our partner charity, Charities Trust (“CT”). CT facilitates charitable giving from individuals by receiving and administering donations and distributing the donations to the individuals’ selected Charities.
Charities Trust is a registered charity (charity registration number 327489; company registration number 2142757) and is HMRC approved in England and Wales. Donations to CT are recognised as charitable contributions for UK tax purposes.
Contributions through Toucan to CT are irrevocable gifts when received and accepted by CT, which retains exclusive and legal control over all contributed assets.
The additional policies set out in Section 1.11 below, as well as any supplemental terms and conditions or documents that may be posted on Our Services from time to time, are expressly incorporated by reference.
We may make changes to these Terms and Conditions at any time to reflect changes to Our products, Our users’ needs and/or Our business priorities.
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.
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 Charities listed on the Services are UK based charities only. These charities may operate overseas but are registered with the Charities Commission for England & Wales.
You may only use the Toucan Services if:
you are an individual over the age of 16 years;
you have the capacity to enter into legally binding contracts under the law applicable in your country of residence; and
you are resident in the UK
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
• 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 endeavour 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 Toucan User
• Advertise products or services not intended by Us
• Use the private API located at api.thetoucan.app
• Falsely imply a relationship with us or another company with whom you do not have a relationship
Information You Provide to 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 be responsible for all use of your 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) 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.
The Content You Provide to Us
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 you produce will 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 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 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, adaptations, 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 expressed or implied, that content on the Services is accurate, complete or up to date.
Links to Third Party Content
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 charities. 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 the Services, 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 CT certain personal information we hold about you, including your name, address, mobile number or email address. We will share this information with CT on the basis that 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 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.
If for any reason your circumstances change and your donations are no longer eligible for Gift Aid, you must update your status in the app or notify Us at email@example.com so that we stop submitting Gift Aid claims on your behalf.
Charities will receive 100 percent of the gross donation amount of every donation made through the Services.
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 organizations (NPO) with an approved and regulated set of Charitable objectives.
• An approved beneficiary of Charities Trust (approved by HMRC)
You can find out more information about any charity listed on the Services by visiting the charity’s website or the Charity Commission for England & Wales. We are not responsible for the content of any third party websites.
In certain situations, a Charity listed on the Services may be removed. You can only use Services to make a donation if the charity is listed in the Services.
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 make a donation to a Charity of similar representation and Charitable Purposes without undue delay (usually within 30 days). Your impact statement displayed on the Services will still reflect the Charity that you made the original donation suggestion to.
Toucan may terminate agreements based on any reports of payment irregularity, fraud or misrepresentation set up by you on behalf of a charity. Charities 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.
Charities will receive donations into their respective bank accounts based on the agreed payout schedule between the beneficiary Charity and Charities Trust.
Charities will not receive user/donor data.
Toucan cannot guarantee that your donation will be used for the purpose you select and is not responsible for the actions of any Charity. Charities 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 Charity. 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 (donation):
• A fixed transaction fee
50p per transaction
• A flexible platform fee (users can select from the below)
4 percent, 6 percent or 8 percent of the transaction amount
Users only are charged fees.
Charities are not charged to receive the donation amount and receive 100 percent of the donation amount.
For the avoidance of doubt, the transaction fee and platform fee are surplus (additional) fees, charged to the user in addition to the donation.
If the user has opted for a recurring monthly payment (outside of any 'fee-free' promotional offerings), the same fees will apply on a rolling monthly basis as charged on their preliminary donation, until the user opts to cancel or adjust their monthly payment.
If a user utilises a promotional 'fee-free' offer, then the standard transaction fee (as listed in 11.1) will be applied, alongside a 6 percent platform fee in the first month after the promotion has ended.
Refunds and Disputes
Toucan do not allow refunds unless under special circumstances, for all requests please email firstname.lastname@example.org.
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 and Conditions 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 and Conditions 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 13.2 all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
Subject to clause 13.2 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 and Conditions 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 13.3 shall not prevent claims for direct financial loss that are not excluded by any of categories within 13.4
Applicable laws require that some of the information or communications We send to you should be in writing. By using the Services, 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 Services. 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.
AAll 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 and Conditions, by providing you with at least two weeks notice by e-mail and will ensure that the most recent version is available on the Services.
If you do not want to continue to abide by these Terms and Conditions because of a change we are making, you have the right to terminate these Terms and Conditions 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 Services 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 and Conditions (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 and Conditions, your liability to Us will continue and you will remain liable until all sums due under these Terms and Conditions have been paid by you in full.
You may terminate these Terms and Conditions at any time by emailing Us at email@example.com. 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 and Conditions. You must notify Us immediately of any change of name, or e-mail address by e-mailing us at firstname.lastname@example.org.
We will disclose your personal information to:
• Charities Trust. When you ask Us to make a payment to a charity using the Toucan Services, 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 e-mail address. We will share this information with Charities Trust on the basis that 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 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 and Conditions;
• 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 at email@example.com. 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 these Terms and Conditions.
No delay or failure to exercise any right or remedy under these Terms and Conditions 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 and Conditions (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 and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid, unlawful or unenforceable, such invalidity, unlawfulness or unenforceability shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect.
If any provision of these Terms and Conditions 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 and Conditions between you and Us are binding on you and Us.
You may not assign or transfer these Terms and Conditions or any of your rights and/or benefits or obligations under these Terms and Conditions, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms and Conditions, or any of Our rights or obligations arising under them, at any time provided we inform you and your rights under these Terms and Conditions are not prejudiced.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performing, any of Our obligations under these Terms and Conditions that are 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 disasters;
• 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 and Conditions 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 and Conditions 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.
If you are unhappy about the service you have received from Toucan or Charities Trust, please contact Us at firstname.lastname@example.org to 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.
Our Customer Support team is available from 9am to 5.00pm Monday to Friday (UK time). During these hours we will endeavour to resolve all enquiries. You can contact our Customer Support team by emailing email@example.com from the email address we have for you.
Governing law and jurisdiction
These Terms and Conditions 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 and conditions, 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 and Conditions in your country of residence or any other relevant country.
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