Tythe Terms & Conditions
Last updated: 18 November 2020
Definitions used in these Terms and Conditions are listed in the Definitions Schedule.
2. EQ Foundation trading as Tythe
2.1 "Tythe" is the trading name for a self-contained project and division of The EQ Foundation, a Charitable Incorporated Organisation (Registered Charity Number 1161209 England & Wales) Principal Office: Centennium House, 100 Lower Thames Street, London EC3R 6DL ("EQF").
2.2 Tythe operates a web-based giving platform, including the curation and maintenance of information on charities and charitable causes, designed to support and facilitate charitable donations suited to the giving aspirations of individual and corporate UK donors to charity ("Donors").
2.3 For information, EQF intends to support and incubate Tythe until it is reasonably established and then to support the establishment of a new charity to succeed to the operation and further development of Tythe.
3. Tythe Information
3.1 The Tythe website: https://tythe.org ("Website") provides information, for prospective, engaged Donors ("Tythe Information"), on UK charities which may meet the giving aspirations of such Donors and to which Tythe may facilitate donations ("Curated Charities"), organised into groups, by charitable purposes and/or complementary cause, geographical or other themes, such as an emergency relief theme ("Curated Collections").
3.2 The details of Curated Charities and of Curated Collections may change from time to time.
3.3 Tythe Information is provided from public information and additional professional research. EQF uses reasonable endeavours to:
(a) assess and select Curated Charities;
(b) organise Curated Charities into Curated Collections;
(c) maintain and update information on Curated Charities, for the benefit of Donors and prospective Donors; and
(d) ensure Tythe Information is kept under review and is reasonably accurate.
4. Group Donations and equivalent Grant Donations
4.1 Donors may use the Website to select a Curated Collection, to which such Donors wishes to donate and make such donations ("Group Donations").
4.2 A Group Donation is made to EQF, on condition that EQF, in accordance with these Terms and Conditions, makes equivalent onward grant donations, for general, unrestricted purposes, or restricted purposes, as specified in the published Curated Collection profile information, within the recipient’s charitable objects, to Curated Charities, within the Curated Collection, in equal proportions, subject to contrary published Curated Collection specification, or to invited donor specification of such proportions ("Grant Donations").
4.3 Grant Donations are made on a non-refundable and subject to Clause 4.2 an unconditional basis.
4.4 Curated Charities and Curated Collections are generally approved by (or on the delegated authority of) EQF’s Board of Trustees:
(a) to be included in Tythe Information, to assist Donors in making Group Donation decisions; and
(b) as reasonable and appropriate recipients of Grant Donations.
4.5 EQF uses reasonable endeavours to keep approvals under Clause 4.4 under review.
5. Subscription Plans
5.1 Donors may, through the Website, subscribe to a continuing donation plan, which will allow for automatically repeated periodic Group Donations for the benefit of selected Curated Collections ("Subscription Plan").
5.2 The details and fees for available Subscription Plans will be published on the Website.
5.3 A Subscription Plan may be cancelled, at any time by the Donor, through the Website.
6.1 EQF will operate and maintain the Website to meet the functional purposes and commitments of Tythe, subject to matters beyond EQF’s reasonable control, including, but not limited to, power outages and software malfunctioning, caused by external factors.
6.2 EQF will, promptly, reasonably endeavour to correct any matter compromising the functional purposes and commitments of Tythe.
7. Gift Aid in relation to Group Donations
7.1 Donors who are UK taxpayers shall, through the Website, provide EQF with all requested, requisite information, to allow EQF to make applicable Gift Aid applications to HMRC, in respect of Group Donations, to receive Gift Aid in relation to such Group Donations ("Gift Aid Receipts").
7.2 Such requisite information shall include a Gift Aid Declaration by the Donor of the Group Donation’s eligibility for Gift Aid, on the basis that the Donor is a UK taxpayer paying Income Tax and/or Capital Gains Tax in the UK that is greater than the value of the standard Gift Aid claim in respect of the Group Donation, which is 25% of the value of an eligible Group Donation (subject to legislative change).
7.3 EQF shall use Gift Aid Receipts, in respect of Group Donations, to contribute to Tythe operating and development costs.
8. Matching Donations
8.1 EQF may, through the Website, offer matching donations for Group Donations and will otherwise seek to facilitate matching donations for Group Donations, to be added to equivalent Grant Donations, from corporate and philanthropic Donors ("Matching Donations").
8.2 Available opportunities for Matching Donations, as and when offered or developed by EQF, will be published on the Website.
9. Grant Donations to Curated Charities within Curated Collections
9.1 The allocation of a Grant Donation, by EQF, between Curated Charities within a Curated Group, may be determined:
(a) in accordance with any applicable written policy on the Website at the date of the applicable Group Donation;
(b) by EQF in consultation with the Donor of the applicable Group Donation;
(c) by EQF in consultation with the relevant Curated Charities; or
(d) in the reasonable discretion of EQF.
9.2 In the event that, for whatever reason, a Grant Donation cannot be made under Clause 9.1, EQF shall, in its reasonable discretion, apply the Grant Donation to one or more other Curated Charities, as far as possible with charitable purposes similar to those of the originally intended Curated Group.
9.3 All Group Donations are made on the basis, as applicable, that the general, or specified, charitable intent referenced in Clause 4.2 applies
9.4 Grant Donations equivalent to all Group Donations and Matching Donations received by EQ in the previous calendar month will, in the normal course of operations (and subject to a reasonable de minimis threshold), be made by EQ, on a monthly basis, around the 15th day of each month ("Group Donation Payment Date").
9.5 Receipt by Curated Charities of Group Donations will be subject to the process of transfer. This, in the normal course of operations, will be BACS transfer, which can involve processing time of up to 3 days.
9.6 The time between a Group Donation and the equivalent Grant Donation and the integration of different Group Donations into single Grant Donations assists with the efficiency of the operations of EQF and Curated Charities.
9.7 Grant Donations will be made on conditions that reasonable reports from Curated Charities will be made to EQF and EQF will keep Donors informed in respect of such reports through Tythe Information.
9.8 EQF may, in reasonable response to unexpected circumstances beyond EQF’s reasonable control, make a Grant Donation later than the Group Donation Payment Date, provided the Grant Donation is made as soon as reasonably practicable and no later than 6 months after the Group Donation, to which it relates.
9.9 EQF shall use interest earned, in respect of Group Donations, before equivalent Grant Donations are made, to contribute to Tythe operating and development costs.
10. Data confidentiality
Data necessarily provided by Donors to EQF, in the course of making Group Donations, shall be retained, securely, as confidential information by EQF, except:
10.1 in relation to information required for processing the Group Donations and related Gift Aid applications, which will be provided, respectively, to authorised processers and HMRC, as necessary;
10.2 to the extent Donors have given prior consent in writing to sharing basic donor identity information with Curated Charities;
10.3 in necessary compliance with any legal obligation, or audit requirement, including any formal HMRC enquiry relating to a Gift Aid application;
10.4 in relation to the continuing operation of the Tythe undertaking, following the anticipated transfer to a new charity (as referenced in Clause 2.3) in succession to EQF, or another reasonably disclosed basis for the continuation of the Tythe project.
11. Processing of Group Donations
11.1 The provisions and requirements for the processing of Group Donations and any fees chargeable by third-party processors, as a deduction from the amount of a Group Donation, shall be indicated on the Website.
11.2 EQF does not deduct any processing, administrative fee, or commission, in relation to Group Donations. (Modest commission arrangements may be instituted, once Tythe is sufficiently established to operate independently of EQF, to consolidate Tythe’s sustainability).
11.3 EQF will promptly acknowledge receipt of Group Donations.
11.4 EQF makes reasonable endeavours to select appropriate, efficient, third party processors, but is not responsible for any service deficiency of such third-party processors.
Any issue, problem, or complaint in relation to Tythe may be raised through the contact details for EQF on the Website and EQF will use reasonable endeavours to address all such matters satisfactorily.
13. Governing Law
13.1 Tythe is intended to be a service for UK Donors.
13.2 These Terms and Conditions are subject to the law of England and Wales.
|Curated Charities||Clause 3.1|
|Curated Collections||Clause 3.1|
|Gift Aid Receipts||Clause 7.1|
|Group Donations||Clause 4.1|
|Grant Donations||Clause 4.2|
|Matching Donations||Clause 8.1|
|Subscription Plan||Clause 5.1|
|Tythe Information||Clause 3.1|