US contribution terms and conditions

TERMS AND CONDITIONS

The Readers Bureau (RB) would like to provide an opportunity for supporters in the United States to make a financial contribution to the Readers Bureau and thereby help it in its mission to create a future that is more open, global and digital and support our commitment to providing the Readers Bureau with financial and editorial independence into perpetuity.

These Terms and Conditions govern the relationship between RB and each donor, including the terms on which donations may be accepted, refused, or returned by RB. Donations will only be accepted in the form of a one-off payment made directly to RB as described in these Terms and Conditions.

  1. AGREEMENT

By making a donation, a donor agrees and acknowledges that:

1.1 the donation is provided to RB as an irrevocable gift, subject to any exercise of the donor’s right to receive a refund as described below and RB’s right to return any donation at its discretion;

1.2 the donation may be used by RB for any purposes and/or to support its operations in any/all areas of its business such as Editorial; and

1.3 the donation is made subject to these Terms and Conditions, which shall constitute a legally binding agreement between the donor and RB (the “Agreement”), entered into by each party in consideration of the other’s obligations under these Terms and Conditions.

  1. CONDITIONS

2.1 Donations will be accepted from individuals as well as any other legal entities (such as companies).

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2.2 Donors who are individuals must be aged 18 or over and United States residents. All other donors must be incorporated, established and/or registered in the United States (as applicable).

2.3 The maximum aggregate donation from any one donor is $2000 (two thousand dollars)

  1. ADMINISTRATION OF DONATIONS

3.1 All donations to RB shall be made through the donations page on theguardian.com (the “RB Website”). Donations will be accepted by GNM for the period during which the donations page is live on the RB Website.

3.2 Donations received by RB will be deposited in one or more bank accounts in the name of RB together with other RB funds. Each donation will be identifiable by a unique merchant identification number and accounted for separately by RB.

3.3 From the moment the donation is processed, RB will be legally and beneficially entitled to the full amount of the donation and the donor has no entitlement to the return of a donation in any circumstances other than as specified in these Terms and Conditions.

3.4 The donor shall receive no benefit in return for any donation and shall have no rights to influence the editorial policy or output of RB.

3.5 RB is a for-profit business and donations will be used to support its operations and not dedicated for any charitable purpose. Donations to RB are not charitable donations under the laws of the United States and, as far as RB is aware, donors shall not be entitled to any charitable contribution deduction in respect of their donations under either United States Federal or State law or the laws of any other jurisdiction worldwide.

  1. RETURN OF DONATIONS

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4.1 RB reserves the right to refuse and return any donation in its absolute discretion, including without limitation where it believes that accepting the donation would conflict with the mission, values or interests of RB, and/or where, having regard to the source of the donation or intentions of the donor, RB considers that to accept the donation could damage the independence or reputation of RB or adversely affect the relationship of RB with other donors or stakeholders.

4.2 Donors shall be entitled to receive a refund of their donation for up to 14 days after receipt of payment by notifying RB by email at info@thereadersbureau.com. Any requests for a refund of a donation received by RB following expiry of the 14 day period will be ineligible.

4.3 Any refused and/or returned donations shall be repaid into the account from which the donation was made.

  1. TRANSPARENCY OF DONATIONS

5.1 RB reserves the right to:

5.1.1 request the full name and contact details of the donor;

5.1.2 request from the donor any other information that it considers to be necessary or desirable to determine the provenance of the donation;

5.1.3 undertake any further investigations it deems fit to determine the provenance of the donation; and

5.1.4 publicly disclose the identity of the donor and the amount of the donation.

5.2 If the donor refuses to provide any information requested by RB under clause 5.1, RB may refuse and return the donation to the donor at its discretion.

  1. CONFIDENTIALITY AND PUBLICITY

Donors shall not be entitled to publicize their donation or otherwise market themselves or any connected person or business in connection with their donation, except with the prior written consent of RB and then only if the donor complies with any relevant policies, procedures or requirements of RB.

  1. DATA PROTECTION AND PRIVACY

7.1 By making a donation, the donor confirms that he or she consents to receive information relating to sales, promotions, and competitions from RB via the email address supplied by the donor. If at any time a donor would no longer like to receive such information, he or she may unsubscribe by contacting info@thereadersbureau.com.

7.2 Any personal information about a donor obtained by RB as a result of a donation being made will be used in accordance with this Agreement and the RB privacy policy, available at http://www.thereadersbureau.com/privacy-policy. By making a donation, the donor accepts the terms and conditions of the privacy policy.

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  1. EXCLUSION OF LIABILITY

Neither RB nor any affiliated person, employee, agent, officer or director shall be liable for any loss suffered by any donor or other person arising out of or in connection with a donation, whether direct or indirect, including loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, except in respect of any liability for death or personal injury or any other liability which cannot be excluded or limited under applicable law.

  1. MISCELLANEOUS

9.1 A failure of RB to assert a right or provision under these Terms and Conditions shall not constitute a waiver of that right or provision.

9.2 If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.

9.3 This Agreement constitutes the entire agreement between the donor and RB in respect of any donations made by the donor.

9.4 These Terms and Conditions are not intended to confer any contractual benefit on any person pursuant to the terms of the Contracts (Rights of Third Parties) Act or any similar law under other jurisdictions.

9.5 The Agreement and any non-contractual obligations arising out of or in connection with it will be governed by English law and subject to the exclusive jurisdiction of the courts of the United States.

 

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