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Giveacar Donor Terms and Conditions

Last modified: 26th November 2012

Please read these terms of service carefully before using our service. You should understand that by submitting your request for service to us, you agree to be bound by these terms of service and our terms of use.

The term 'Giveacar' or 'us' or 'we' or 'our' refers to Giveacar Limited whose registered office is 1.06B Riverbank House, Fulham, London SW6 3JD. Our company registration number is 07128385. Giveacar operates a website - www.giveacar.co.uk, 'the website' or 'the site'. The term 'you' or 'your' in this document refers to the user of our car collection and processing service ('the service'). For your associated rights as a user of our website, please refer to our Privacy Policy.

You should print and keep a copy of these terms of service and the terms of use for future reference.

In confirming your request for use of the service via the website you will need to tick the box indicating that you have read and understood these terms of service. Please understand that if you refuse to accept these terms of service, you will not be able to use Giveacar's service.

1. How The Contract Is Formed Between You And Us

1.1 Our service is only intended for use by those ordinarily resident in Great Britain and Northern Ireland. At our complete discretion we may accept or reject requests for use of the service from people outside of these territories.

1.2 Your contract with Giveacar will be formed when you have completed submission of your personal details, the details of the vehicle or to be collected and any other necessary information we request, either via telephone or through our website, and have assented to use the service. By submitting your details and assent you accept our offer of service and agree to be bound by the terms of this document.

1.3 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

1.4 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract

2. Customers

2.1 By submitting a request to donate a car through our website, you warrant that;

2.1.1 you are ordinarily resident in Great Britain or Northern Ireland; and

2.1.2 you are accessing our site from that country; and

2.1.3 you are legally capable of entering into a binding contract; and

2.1.4 you are at least 18 years old; or

2.1.5 if you are under 18 years of age, that you have obtained your parent's or guardian's consent to donate the vehicle to charity.

2.2 You and your parents or guardians release us of any liabilities or claims that may arise from use of the collection and processing service.

2.3 You must be the registered owner of the vehicle or you agree to have collected and processed on your behalf, or have the explicit consent of the owner to do so. You will require written consent from the owner as well as two forms of ID (Passport, Driving Licence, ID card) for the vehicle or item to be collected in this situation. Giveacar does not accept liability for the collection of processing of the vehicle if you have not done this.

2.4 You agree that Giveacar will treat all or half (50%) of the proceeds from scrapping or selling the vehicle so they are received by the UK registered charity you have nominated, less any administration or third party fees that may occur.

3. Vehicles and Collection Policy:

3.1 Every vehicle collected through our service must meet the following minimum criteria:

3.1.1 If a scooter or motorcycle;

• It must have two wheels
• It must have an engine
• It must not have suffered catastrophic damage, such as immersion in water or fire damage.

3.1.2 If a passenger vehicle (category 'M' as defined by The Motor Vehicles (EC Type Approval) Regulations 1998)

• It must have four wheels
• It must have an engine
• It must not have suffered catastrophic damage, such as immersion in water or fire damage.

3.1.3 If a vehicle for the carriage of goods (category 'N' as defined by The Motor Vehicles (EC Type Approval) Regulations 1998)

• It must have four wheels
• It must have an engine
• It must not have suffered catastrophic damage, such as immersion in water or fire damage.

3.1.4 If a trailer or semi-trailer (category 'O' as defined by The Motor Vehicles (EC Type Approval) Regulations 1998)

• It must have at least two wheels
• It must have a mass of at least 50% metal
• It must not have suffered catastrophic damage, such as immersion in water or fire damage.

3.1.5 If an off-road vehicle (category 'G' as defined by The Motor Vehicles (EC Type Approval) Regulations 1998)

• It must have four wheels
• It must have an engine
• It must not have suffered catastrophic damage, such as immersion in water or fire damage.

3.1.6 If a 'special purpose vehicle' defined by The Motor Vehicles (EC Type Approval) Regulations 1998

• It must have wheels or continuous tracks
• It must have an engine
• It must not have suffered catastrophic damage, such as immersion in water or fire damage.

3.2 Any vehicle outside these criteria, including agricultural machinery, unusual vehicles or mobility scooters, we collect at our sole discretion only.

3.3 We will not accept caravans or permanent trailer homes, or any vehicle where less than 50% of the mass is made up of non-metal parts.

3.4 Please ensure you remove personal items from the vehicles. Giveacar cannot accept liability for any possessions left inside or attached to the vehicle after it has been collected.

3.5 Giveacar takes reasonable steps to ensure stolen goods are not donated to charity. Your vehicle details may be checked against a national database to establish ownership.

3.6 UK legislation (Theft Act 1968) states that we cannot under any circumstances return or receive remuneration for a vehicle which is registered lost or stolen at any time unless the lost or stolen records associated with it are cleared by the Police, DVLA and any other relevant authorities.

4. Administrative Fees:

4.1 Although we may quote a price your car may be able to raise either at auction or in scrap value, these prices are liable to change without notice and Giveacar is not liable for any quotes or information given before collection occurs. Giveacar is also not liable for the sum a vehicle collected through our service may make at a third-party trade auction or scrap value nor shall it be held to be so by you.

4.2 By submitting your details by telephone or via our website you authorise Giveacar to deduct an administrative charge of 25% (+VAT) on the value of the vehicle once sold on or processed to its constituent parts (“scrappage”) and then sold. This charge is for provision of our service in organising collection and treating any remaining funds deriving from the sale or scrappage of your vehicle so that they are received by your chosen charity.

4.3 You also authorise any third-party charges arising from the fulfilment of Giveacar's responsibilities under this contract to be deducted from the value of the vehicle once sold or processed to its constituent parts. Typically, but not exclusively, these charges will be in the form of auction fees and/or collection fees

4.6 Giveacar reserves the right to waive or reduce any fees we may ordinarily deduct in extraordinary circumstances and at the discretion of the operations manager.

5. Gift Aid

5.1 Giveacar will pass your customer details to your nominated charity so they can contact you to thank you and ask you if you would like to know more about how you can support them. They may also ask you if you would like to 'Gift Aid' your gift to them subsequent to the successful completion of the Giveacar service. If you Gift Aid your gift to your chosen charity can receive an extra 25 pence from H M Revenue and Customs for every pound gifted via use of the Giveacar service.

5.2 If you are a UK taxpayer and eligible to Gift Aid a donation, we may inform you during your initial contact with Giveacar and may request further details to affirm your eligibility.

5.3 Gift Aid can only be claimed on donations of money, not of goods. If you decide to apply for Gift Aid and inform us before we have passed your gift to your chosen charity, Giveacar will act as your agent to sell your vehicle on your behalf. In accordance with HMRC Gift Aid guidelines, we will then write to you to confirm the amount raised from the sale or scrappage of the vehicle. By law you have 21 days to decide whether to ask us to return the money raised by use of the Giveacar service, or to proceed with the gift to your nominated charity. If we do not hear from you during this time, we will assume that you wish to proceed and we will forward the proceeds to your chosen charity.

5.4 Giveacar reserves the right to withhold or withdraw your Gift Aid request at any time should it impose an unnecessary administrative burden upon us to process or fulfil.

6. Part Donations

6.1 Should you choose to receive part of you're the sum deriving from sale or scrappage of your vehicle, less fees, (“part donation”) Giveacar will endeavour to provide this sum to you within two (2) weeks of receipt of funds from the sale of the vehicle or its constituent parts, either via direct bank transfer or via cheque.

6.2 Part donation is calculated as 50% of the sum the vehicle makes at auction or for scrap value, less charges described in clause 4.

6.3 Giveacar can accept no liability for delayed or non-receipt of a cheque due to postal strikes, loss in post, change of address or any third party action or omission. Giveacar will endeavour to re-issue a cheque if we receive written instruction to do so from you.

6.4 Bank transfer payments can only be made to the account details given when requesting part donation. We cannot, under any circumstances, recall or reissue bank transfer payments once they have been made.

7. Data Protection

7.1 Giveacar will, for the purposes of operating our car collection and processing service and the issue of receipts, collect and store identifiable information comprising your name, title, contact telephone number, address and email address.

7.2 In accordance with the Data Protection Act 1998 Giveacar will process such information fairly and lawfully, and protect and secure identifiable information as necessary.

7.3 For the purposes of operating our car collection and processing service and the issue of receipts, you consent to your identifiable information being shared with the charity or charities to whom you have decided to donate. We encourage the charity or charities to contact you to thank you for your gift. They may also ask you if you would like to know more about how you can support them.

7.4 You have the right to ask us not to process your personal data for our own marketing purposes. You can also exercise this right at any time by sending us written notice to that effect.

7.5 We will not sell, rent or trade your identifiable information to any third party organisation under any circumstances except those consented to in 7.3.

8. Limitation of Liability

8.1 Giveacar, its representatives, agents, employees, successors and assigns shall not be liable for any loss or injury, or claim for liability or damage of any kind resulting in any way from (a) any errors in or omissions deriving from the use of the car collection and processing service, (b) the unavailability or interruption of the website or associated services used for collection or processing of the vehicle(c) your use of the service or associated third party service (d) events outside our reasonable control or due to our compliance with any applicable laws or regulations.

9. Amendments

9.1 These terms of service may be updated from time to time by us to reflect changes in the Giveacar service. It is your responsibility to check for updates to these terms and conditions that may affect you.

10. Termination

10.1 You may cancel the contract with us at any time up to collection of the vehicle.

10.2 You need not give us any reason for cancelling.

10.3 To cancel you may notify us in writing or via telephone call before collection.

10.1 If the contract is cancelled as specified in 10.1 then you are not liable for any charges relating to the service.

10.2 If you terminate the contract after the vehicle has been collected, you agree to pay for any costs related to the collection, storage or return of the vehicle as well as any related claims for breach of contract that should arise following your request for cancellation, should Giveacar choose to pursue these claims.

10.3 Giveacar reserves the right to terminate this contract if the vehicle is found to have been stolen, lost, donated without consent or has finance outstanding. We will notify the relevant authority in the event of suspected illegal activity.

11. Governing Law

11.1 These terms of service are governed by English Law and are subject to the exclusive jurisdiction of the English courts.