Please read these Terms and Conditions carefully. By applying to be a member of the ESTHER platform, each Donor is agreeing to these Terms and Conditions. If the Donor does not wish to be bound by these Terms and Conditions, the Donor should not continue to use or access any of the ESTHER Services (as defined below).
1.1 ESTHER is a trading name of ESTHER Women LTD. ESTHER operates various online tools and services including a website at www.ESTHER.org.uk which allows donors to give directly to people living in poverty in their own communities. ESTHER partners with Homeplus NI and other charities and government organisations to identify and validate people in need and onboard them onto the ESTHER platform.
The Terms and Conditions govern ESTHER’s services and obligations of data protection for the Donor, Recipients and the partner Charity's use of the ESTHER Services.
ESTHER may change or update these Terms and Conditions from time to time. The current version of the Terms and Conditions will be available on www.ESTHER.org.uk. It is the partner Charity & donor’s responsibility to access and check these Terms and Conditions whenever the Charity or donor accesses or uses the ESTHER Services. The latest version of these Terms and Conditions will govern any future usage by the Charity or donor of the ESTHER Services.
These Terms and Conditions supersede and replace all previous versions of the Terms and Conditions.
2.1 ESTHER will operate the ESTHER Services so that donors can make online donations by credit or debit card, or by any other payment method made available by ESTHER.
2.2 ESTHER will set up arrangements to ensure that all donations received by ESTHER, after deduction of bank processing charges, (for the Private Beta with Homeplus NI ESTHER will not take a transaction fee) are,
2.2.1 paid into a Business Account, and then loaded onto a pre-paid card of the designated recipient.
2.2.2 paid at £200 a month for two months, for recipients on the private beta pilot with Homeplus NI.
2.3 ESTHER will provide information systems design, testing and verification standards and requirements in accordance with good industry practice to ensure that donors' credit cards and debit cards are debited and the Business account is credited in a secure manner. ESTHER uses Stripe to process all online donations. Stripe have an e-money license and run fraud tools alongside their Payments API to block fraudulent transactions.
2.4 ESTHER will send e‐mail acknowledgements to donors which covers high level impact of donations.
2.5 ESTHER will respond to donors' account enquiries that it receives within one week of enquiry.
2.6 ESTHER will capture personal information including but not limited to the donor's name, title, address and email address ("Personal Information") at all times in accordance with local privacy laws, regulatory requirements and guidance as updated and amended from time to time including such laws, regulatory requirements and guidance applicable in the territory where donors access the Website ("Local Privacy Laws") and protect and secure such information. For the avoidance of doubt this Section 2.7 does not imply that ESTHER will share such information with the Charity. No personally identifiable information will be shared with any third party.
2.7 To the maximum extent possible under applicable law, ESTHER will abide by the instructions of all GDPR legislation in relation to donors in respect of their Personal Information.
2.8 ESTHER will provide all donors with access to details of donations made to the recipient on request. All such information to be provided by ESTHER in strict compliance with: 2.8.1 the applicable Local Privacy Laws as they apply to the relevant recipients;
2.8.1 the privacy laws referred to in the country specific terms relevant to the Charity; and
2.8.2 any other privacy laws, regulatory requirements and guidance which are relevant to the processing of Personal Information in the UK.
2.9 ESTHER will not sell, trade or rent Personal Information to third parties.
2.10 ESTHER will keep proper records of all donations and income received and expenses incurred for such period as may from time to time be required by the applicable local governmental revenue body, and maintain records which relate to the Charity and the performance of the obligations hereunder (to which the Charity may, subject to the Global Privacy Laws, have access and take photocopies of at its own expense on request and at reasonable times).
2.11 ESTHER will, provide each Charity with the ability to download reports outlining: the number of donations received, the value of the donations received, and the Transaction Fees deducted from the total donations in accordance with Section 6.
2.12 ESTHER will comply at all times with all applicable laws and applicable authority, licence, permit or registration requirements.
2.13 ESTHER will undertake planned maintenance and upkeep of the ESTHER Services and website.
2.14 ESTHER, as operator of the ESTHER Services, acts as an intermediary between the Donor, the Recipients and the partner Charities of the ESTHER Services. The Charity holds the personal identifiable information on the Recipient, ESTHER does not have access to that personally identifiable information. The donor information resides on the ESTHER platform and this information is not accessible or shared to the partner charity or the Recipients. In the event that ESTHER is made aware of or has knowledge of any unlawful activity or information on the ESTHER Services, ESTHER shall promptly act to remove or disable access to the ESTHER Services and disable any Recipient pre-paid cards involved. ESTHER shall not be liable to the Charity, Recipient or Donor as a result of its role as intermediary.