KLIKD LTD trading as theOlivepod
Version 1.1
1. About Us
1.1
Company details. KLIKD LTD (company number 15498470) (we, us, our) is a company registered in England and Wales. Our registered office is at 463 Streatham High Road, London, SW16 3PH. We trade as
theOlivepod and operate the website
www.theolivepod.com and the client portal at
manage.theolivepod.com.
1.2
Our services. We provide a cashless fundraising platform and point-of-donation application, together with associated tools and services (the
Services), enabling organisations to accept donations digitally.
1.3
Contacting us. You may contact us by email at hello@theolivepod.com or via the contact details on our website. How to give us formal notice under this Contract is set out in clause 15 (in Part 2).
2. Our Contract With You
2.1 These terms and conditions (the
Terms) apply to the order by you and supply of the Services by us to you (the
Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice, or course of dealing.
2.2 The Contract constitutes the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty that is not set out in the Contract.
2.3 You should print a copy of these Terms or save them for future reference.
3. Registering Your Account and Its Acceptance
3.1 To use the Services you must register an account via our portal at
manage.theolivepod.com. Each registration constitutes an offer by you to enter into a contract with us for the provision of the Services, subject to these Terms.
3.2 Our registration process allows you to check and amend any errors before submitting your application. You are responsible for ensuring that all information you provide is complete, accurate, and up to date.
3.3 After you submit your registration, you will receive an acknowledgement from us. This does not mean that your account has been accepted.
3.4 Our acceptance of your account takes place when we approve your registration and enable access to the Services (the
Commencement Date). At that point the Contract comes into existence.
3.5 We reserve the right to refuse any registration at our absolute discretion. If we cannot accept your registration, we will notify you and no Contract will be formed.
3.6 You are responsible for keeping your account credentials confidential and secure at all times. You must notify us immediately if you become aware of any unauthorised access to your account.
4. Cancelling Your Account
4.1 You may cancel the Contract at any time by giving us not less than
30 days’ written notice by email.
4.2 We will confirm receipt of your cancellation request and the effective cancellation date.
4.3 On cancellation:
- your access to the Services will be withdrawn;
- all platform features will become inaccessible; and
- we may, upon request made before termination, provide reasonable assistance to export your data (for example, donation reports). Data export is provided on request and is not automatic.
4.4 There are no cancellation penalties. Fees already paid are non-refundable, save in the case of manifest error.
5. Our Services
5.1
Scope. The Services include access to the theOlivepod platform, management tools, and point-of-donation software enabling you to configure and operate digital fundraising endpoints.
5.2
Compatible equipment. Certain features of the Services require compatible hardware devices supplied by third-party providers. Your purchase, ownership, and use of such devices are subject to the provider’s own terms. We do not manufacture, sell, or warrant such hardware.
5.3
Connectivity. To access the Services you require a live internet connection. We recommend that you do not use shared or unsecured networks when accessing your account.
5.4
Descriptions and illustrations. Any descriptions or illustrations on our website or marketing materials are for indicative purposes only and do not form part of the Contract.
5.5
Standard of service. We warrant that the Services will be provided with reasonable care and skill. We do not warrant that the Services will be uninterrupted, error-free, secure, or free from bugs or viruses. You are responsible for maintaining appropriate security and virus protection.
5.6
Performance dates. Any times or dates given for performance are estimates only. Failure to meet an estimated date does not entitle you to terminate the Contract.
6. Your Obligations
6.1 You are responsible for ensuring that:
(a) all information provided during registration and use of the Services is complete and accurate;
(b) you cooperate with us in all reasonable matters relating to the Services;
(c) you provide such information and materials as we may reasonably require to provide the Services;
(d) you obtain and maintain all licences, permissions, and consents required for your activities;
(e) you comply with all applicable laws and regulations; and
(f) you keep your account credentials confidential and secure.
6.2 If our ability to perform the Services is prevented or delayed by any failure by you to comply with clause 6.1 (
Client Default):
(a) we may suspend the Services until the Client Default is remedied;
(b) we will not be responsible for any losses you incur as a result; and
(c) you shall reimburse us for any costs we incur arising from your Client Default.
7. Charges
7.1 In consideration of us providing the Services, you shall pay our subscription fees (the
Charges) in accordance with this clause.
7.2 Charges are payable on a
monthly subscription basis at the rates agreed at the time of registration or as otherwise notified to you.
7.3 We currently do
not charge VAT. We reserve the right to register for VAT and to charge VAT on the Services in the future. Where VAT becomes applicable, you shall pay such additional amounts at the applicable rate.
7.4 We may review and vary the Charges on not less than 30 days’ written notice to you.
7.5 All Charges are non-refundable, save in the case of manifest error.
8. Payments and Third-Party Providers
8.1
Your subscription payments. You authorise us to collect the Charges using our chosen billing providers, which may include:
- GoCardless (Direct Debit);
- PayPal; and
- other card or payment services we may introduce.
You agree to comply with the terms of any such provider.
8.2
Donation processing. Donations made by members of the public through your fundraising endpoints are processed by third-party payment providers selected by you, including
Stripe and/or
SumUp.
8.3 You acknowledge and agree that:
(a) we are
not a payment services provider for donations;
(b) all donation payments are processed solely by your chosen provider;
(c) the contractual relationship for donation payments is between you and the relevant provider;
(d) we do not hold, process, or store donors’ payment card details; and
(e) we are not responsible for payment failures, chargebacks, refunds, outages, or disputes relating to donation transactions.
8.4 You are responsible for establishing and maintaining accounts with Stripe, SumUp, or any other provider you choose, and for complying with their respective terms and policies.
9. Intellectual Property Rights
9.1 All intellectual property rights in or arising out of or in connection with the Services shall be owned by us.
9.2 We grant to you a fully paid-up, non-exclusive, non-transferable licence during the term of the Contract to use the Services solely for your internal business purposes in connection with your fundraising activities.
9.3 You shall not sub-license, assign, or otherwise transfer the rights granted under clause 9.2.
9.4 You grant to us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to use any materials you provide to us (including logos, trademarks, and content) for the purpose of providing the Services and promoting our relationship with you.
9.5 We shall not use your name or branding in a manner that brings you into disrepute or attracts adverse publicity.
10. Data Protection and Privacy
10.1 Each party shall comply with all applicable data protection legislation, including the UK GDPR and the Data Protection Act 2018.
10.2 We will process personal data in accordance with our Privacy Policy and any applicable data processing agreement between the parties.
10.3 You acknowledge that:
(a) we do not collect or store donors’ payment card details;
(b) all donor payment information is collected and processed solely by your chosen payment provider (including Stripe and/or SumUp); and
(c) the payment interfaces are provided by those third parties and are subject to their own regulatory and compliance obligations.
10.4 You are responsible for ensuring that your use of the Services, and any personal data you collect, complies with applicable data protection laws.
11. Indemnification
11.1 You shall indemnify and hold harmless KLIKD LTD, its officers, employees, agents, and contractors from and against all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
(a) your breach of the Contract;
(b) your misuse of the Services;
(c) your failure to comply with applicable laws or regulations;
(d) any content, materials, or representations made by you; or
(e) any dispute between you and a donor or third party.
12. Limitation of Liability
12.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation.
12.2 Subject to clause 12.1, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
(a) loss of profits;
(b) loss of business or revenue;
(c) loss of anticipated savings;
(d) loss of data;
(e) loss of goodwill; or
(f) indirect or consequential loss.
12.3 Subject to clause 12.1, our total liability to you in respect of all claims arising under or in connection with the Contract shall not exceed the total Charges paid by you in the 12 months immediately preceding the event giving rise to the claim.
13. Termination
13.1 Without limiting any other rights, either party may terminate the Contract immediately by written notice if the other party:
(a) commits a material breach which (if remediable) is not remedied within 21 days of notice;
(b) fails to pay any amount due;
(c) becomes insolvent or ceases trading; or
(d) suspends or threatens to suspend a substantial part of its business.
13.2 On termination:
(a) your right to use the Services shall immediately cease;
(b) all outstanding Charges shall become immediately due and payable; and
(c) termination shall not affect any rights or remedies accrued prior to termination.
13.3 Any provision which by its nature is intended to survive termination shall continue in full force and effect.
14. Events Outside Our Control (Force Majeure)
14.1 Neither party shall be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, network failures, power outages, or third-party service interruptions.
14.2 If such an event continues for more than 30 days, either party may terminate the affected Contract by written notice.
15. Communications
15.1 References to “in writing” include email.
15.2 Any notice must be delivered personally, sent by pre-paid first-class post, or sent by email to the relevant contact address.
15.3 A notice is deemed received:
(a) if delivered personally, at the time of delivery;
(b) if sent by post, at 9.00am on the second working day after posting;
(c) if sent by email, at 9.00am on the next working day after transmission.
16. General
16.1
Assignment. Neither party may assign or transfer its rights or obligations without the written consent of the other.
16.2
Variation. No variation of the Contract shall be effective unless in writing and signed by both parties.
16.3
Waiver. A failure or delay to exercise a right shall not constitute a waiver.
16.4
Severance. If any provision is held to be invalid or unenforceable, the remaining provisions shall remain in full force.
16.5
Third-party rights. No person other than the parties shall have any rights under the Contract.
16.6
Governing law and jurisdiction. The Contract is governed by the law of England and Wales, and the parties irrevocably submit to the exclusive jurisdiction of the English courts.
