THE HAPPY AFRICA FOUNDATION

Please read these terms of service carefully. They may change from time-to-time so it’s a good idea to come back and read through them again regularly to stay up to date. Changes will take effect when posted on this website and will govern any future usage by you of our website.

1. About
   The Happy Africa Foundation, whose registered office is 13 Cutlers Close, Bishops Stortford, Hertfordshire CM23 4FW (registration 1123529 trading as The Happy Africa Foundation (referred to as ‘THE HAPPY AFRICA FOUNDATION’, ‘us’ or ‘we’), operates the online donation service.
   1. THE HAPPY AFRICA FOUNDATION allows you to raise funds for, and donate to, any of the projects we support and fundraise for. Each of these projects has been assessed and then authorized for us to collect donations for and, where permissible, reclaim Gift Aid for them under the UK Gift Aid scheme. Projects are authorized by our board members to ensure donations will be of best use in improving the lives of the people benefiting.
2. Use of your donation
   
   Please note the project you are donating to will use your donation at their discretion, but within stated objectives agreed with THE HAPPY AFRICA FOUNDATION. We will endeavour to apply your funds to your specified purpose or specific fundraising appeal. However, this is not guaranteed and it is your responsibility to ensure that the project is able to channel the money you raised for a specific appeal or stated purpose, prior to any fundraising taking place. It is your responsibility to contact us directly to ensure the money raised will be applied to a specific purpose or fundraising appeal. In the event that this dialogue has not taken place, we are entitled to allocate the funds raised wherever the need is greatest in furtherance our charitable objectives.
3. Gift Aid information
   
   When you donate to a project using the THE HAPPY AFRICA FOUNDATION and confirm that you are a UK taxpayer and eligible for Gift Aid and wish us to claim it on behalf of the charity under the Gift Aid scheme, we will submit a request to HMRC to do so accordingly. It is your responsibility to ascertain whether you qualify for Gift Aid entitlement. If you have any doubts we strongly recommend you seek advice from your own adviser(s) or HMRC.
4. Personal details and The Happy Africa Foundation’s Privacy Policy
   
   We won’t share any personal details with any third party other than what we agree with you in writing.
5. Changes to the service
   
   We will make every effort to ensure that the website and the THE HAPPY AFRICA FOUNDATION services are available continuously, but we reserve the right to change, suspend or discontinue all or any part at any time with or without notice. We cannot guarantee uninterrupted access to the website and we do not guarantee its operation or availability.
6. Your donation
   
   1. The details of any donation will be displayed to you on the THE HAPPY AFRICA FOUNDATION website before it is processed. If you wish to correct an error you can do this by following the on screen directions before proceeding.
   2. As soon as you confirm to us through the THE HAPPY AFRICA FOUNDATION website that you wish to proceed with your donation we will process the transaction by requesting funds from your credit or debit card provider or PayPal account. Once your credit or debit card provider or PayPal approves the transaction we will proceed to the next stage.
   3. Once we have received cleared funds from you we will make sure that they are allocated to the selected project on our systems. We can only accept responsibility to you for a donation reaching the project once we have received the funds from your credit or debit card provider or PayPal account. It is your credit or debit card provider’s or PayPal’s responsibility to make sure that the funds reach us.
   4. If we are unable to make payment or we feel that it is not appropriate to pass on a donation to your selected project (for example, if the project has issues we are managing locally) then we will contact you to arrange the return of the donation or agree with you an alternative project. If we are unable to contact you then THE HAPPY AFRICA FOUNDATION, at its discretion, will select an appropriate, alternative project to pass the donation or payment to.
7. Information you need to provide to us
   
   1. Before we can process a donation, you must provide us with correct details of the following:
      1. the recipient project (this will often be pre-selected for you if you choose to make a donation via THE HAPPY AFRICA FOUNDATION website page designated to that charity). As some projects can have similar names, it is your responsibility to check that you are actually donating to your chosen project;
      2. your name, physical address and email address
      3. details of the credit or debit card or PayPal account that you wish to use to fund the donation or fee payment.
   2. We will monitor all donations and event fee payments made through the THE HAPPY AFRICA FOUNDATION website. We may ask you to provide us with additional personal information to fulfil our legal responsibilities before your transaction is completed.
8. Consent and execution
   
   1. By confirming that you wish to proceed with your donation or event fee payment you authorise us to request funds from your credit or debit card provider or PayPal account, and to pass the funds (less any transaction fee and operations fee) we receive to the selected project. You are unable to revoke this authorisation (for information on revoking authorisation for future regular donations, please see condition 13).
   2. We will refuse to process a transaction for you (such as stopping a donation or event fee payment) if we are not reasonably satisfied that:
      1. the transaction is legal and not related to fraudulent activities.
      2. the transaction has been properly authorised; or
      3. the information we are basing a transaction on is correct and complete.
9. Transaction information
   
   We will display a message on the THE HAPPY AFRICA FOUNDATION website and send you an email confirming the details of the transaction that you have asked us to process for you as soon as we receive confirmation from your credit or debit card provider, or PayPal account, that your transaction is authorised. We will keep records of your transaction for at least seven years.
10. Incorrectly executed and unauthorised transactions
    
    1. You should check the transaction confirmation that we make available to you, and your credit or debit card statements or PayPal account statement, to ensure that each transaction is correctly recorded and authorised. If you notice any incorrect or unauthorised transaction you must tell us and/or your credit or debit card provider or PayPal. If you do not tell us on becoming aware of an incorrect or unauthorised transaction, you may not be entitled to have the problem corrected by us – if you do tell us in time the rights set out below will apply.
    2. We are responsible for requesting the correct funds from your credit or debit card provider or PayPal account, and allocating the funds we receive to the correct charity, in accordance with these terms of service. Where we have received funds to make a payment for you, we will refund that payment (or for an overpayment, refund the excess) to you if it is not made properly by us or was never allocated to the correct charity, unless there is a mistake in the payment instructions you gave us.
    3. We will not refund a payment to you in accordance with this condition 10 if you do not inform us of it in time (in accordance with condition 10.1), or in the circumstances described in condition 11, or where you are entitled to recourse through your credit or debit card provider.
    4. You may have rights against your card issuer or PayPal to have funds repaid to you if incorrect or unauthorised use is made of your credit or debit card or PayPal account – please contact them for details.
11. Cancellations and refunds
    
    You will only be able to cancel a donation or event fee payment if you contact us within 1 week after you authorise it on the THE HAPPY AFRICA FOUNDATION website. If we receive a cancellation request from you after the donation or event fee payment has been allocated to the selected project we will decide if we are able to return the money based on if the donation has been sent to the project and / or spent on the project. Where we do cancel a payment for you, we may charge you for the costs that we have incurred in processing your refund.
12. Fraudulent or unauthorised card use
    
    When a donation is made on the THE HAPPY AFRICA FOUNDATION website, the transaction is final and not disputable unless unauthorised use of your payment card is proved. If you become aware of fraudulent or unauthorised use of your card, or if it is lost or stolen, you must notify your card provider.
13. Regular donations
    
    1. Only where you set up a regular donation to a charity will these terms of service apply to successive donations made through the THE HAPPY AFRICA FOUNDATION website. Where you do set up a regular donation you will be scheduling a series of donations to be made on the day of the month that you choose until further notice and you agree that these terms of service will apply to each of the donations in that series with the addition of the other provisions set out in this condition 13.
    2. By confirming that you wish to proceed with a regular donation you authorise us to request funds from your credit or debit card provider on the day of the month you set.
    3. After setting up a regular donation or successive regular donations, you may cancel any donation 3 days before the next donation is due through your online account. This will cancel all future regular donations through your online account.
14. Disclaimer and limitation of liability
    
    You use THE HAPPY AFRICA FOUNDATION website at your own risk. We are not liable for any loss or damage which you may suffer through the use of THE HAPPY AFRICA FOUNDATION website
15. Complaints and redress
    
    If we do not deliver the standard of service you expect, or if you think that we have made a mistake, please email us at info@happyafricafoundation.org. The situation will be investigated and, if necessary, action will be taken to put matters right.
16. General
    
    1. If you wish to contact us, please write to the address set out at the end of these terms of service,
    2. We may amend these terms of service at any time. The current version will always be on the THE HAPPY AFRICA FOUNDATION website – we can provide previous versions that applied to you upon request.
    3. These terms of service and any non-contractual obligations arising in connection with them are governed by English law, and any related court proceedings must be brought within the United Kingdom.
17. Third party rights
    
    A person who is not a party to these terms of service has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms of service. The Happy Africa Foundation Limited (Company No. 02733492) has its registered office at 13 Cutlers Close, Bishops Stortford, Hertfordshire CM23 4FW