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Toucan Collect. Terms

Last updated: September 2025

Toucan Collect Combined Terms & Conditions for Charity and Fundraiser

Version: V092025MHBT

Agreement Overview

This Agreement outlines the terms and conditions under which the Toucan Collect service is provided. By entering into this Agreement, both YOU (the user, whether an individual or organisation) and WE (the service provider) agree to be legally bound by its terms.

Structure of These Terms and Conditions

These Terms and Conditions are divided into three primary sections:

  • Appendix 1 – Charity Terms and Conditions

    Applies specifically to charities who use Toucan Collect to collect donations. This section outlines the terms of service, fee structures, responsibilities of both parties, and usage conditions.

  • Appendix 2 – Fundraiser Terms and Conditions

    Applies to individual fundraisers using Toucan Collect to raise funds for charity. It details key responsibilities and acceptable use of the platform.

  • End-User Licence Agreement ("EULA")

    Covers the legal terms for downloading and using the Toucan Collect mobile app, including licensing, usage rights, limitations of liability, and intellectual property provisions.

Parties to This Agreement

  • YOU / YOUR: The individual or organisation entering into this Agreement.
  • WE / US / OUR: Toucan Giving, the provider of the Toucan Collect service.

Service Description

Toucan Collect is a mobile application designed to enable users to collect contactless donations using a Tap to Pay feature. It is intended for use by:

  • Registered charities
  • Approved third sector organisations
  • Fundraisers acting in aid of a registered charity

Supported Devices

The Toucan Collect application is available for compatible smartphones only.

Android

  • Tap to Pay is supported on Android version 11 or higher

iOS

  • Requires an iPhone XR or later, running iOS 18.0.1 or higher
  • Tap to Pay is not supported on beta versions of iOS

Important: Toucan Collect is not compatible with desktops, laptops, iPads, or tablets.

For best performance, keep your device updated to the latest stable operating system version.

We are not liable for issues arising from OS updates or device compatibility changes.

Appendix 1: Charity Terms and Conditions

1. Duration of Agreement

There is no minimum contract term for the use of Toucan Collect.

This Agreement becomes effective upon the commencement of use of the Toucan Collect application and remains in effect until terminated by either party in accordance with the terms herein.

We reserve the right to suspend or terminate any charity account or licence that remains inactive for a period of 12 consecutive months.

2. Model 1 – Licensed Version of Toucan Collect

2.1 Monthly Licence Fee

  • A licence fee of ÂŁ9.95 + VAT (or €12.00, as applicable) per user is payable only if the individual licence generates more than ÂŁ12.00 or €12.00 in donations within a calendar month.
  • Fees are billed monthly in arrears and collected via Direct Debit.

2.2 Payment Processor Compatibility

The licensed version is compatible with both Stripe and JustGiving merchant accounts. You may choose to connect one or both accounts.

a) Stripe Integration

  • Stripe applies its standard transaction fee in accordance with your existing agreement with Stripe.
  • Toucan Collect applies an additional 1.95% platform fee per donation.
  • Both fees are deducted at source prior to the settlement of funds.

b) JustGiving Integration

  • JustGiving applies a 5% transaction fee per donation.
  • Net donations, after fees, are paid directly to your charity’s nominated bank account by JustGiving.

2.3 Direct Debit & Payment Terms

  • An active Direct Debit Instruction is required to access the licensed version of Toucan Collect.
  • Fees are collected monthly in arrears, based on actual platform usage.

2.4 Key Terms

  • You agree to pay all applicable fees as outlined in this Agreement.
  • You agree not to misuse, tamper with, reverse-engineer, or alter the Toucan Collect application in any way.
  • Any misuse of the platform may result in immediate suspension or termination of your access without notice.

2.5 Your Right to Cancel

You may cancel the Service at any time. To do so:

  1. Cease use of the Toucan Collect application.
  2. Contact us to request closure of your account.

We will confirm the account closure and stop any further billing upon receiving your request.

3. Model 2 – Free Version of Toucan Collect

3.1 Access & Compatibility

  • The free version is publicly available via the Apple App Store and Google Play Store.
  • No registration with Toucan Giving is required.
  • The free version is compatible with JustGiving only.
  • Your charity must have an active JustGiving account and connect its charity page through the app.

3.2 Fees & Donations

  • No monthly licence fee is charged under this model.
  • Toucan Collect and JustGiving do not charge platform transaction fees under this model.
  • Donors are given the optional opportunity to add a tip to support Toucan Collect.
  • Whether or not a donor tips, 100% of the donation is passed to your charity.

3.3 Data & Reporting

The free version provides limited access to data and reporting features.

A full comparison between the free and licensed versions is available at: www.toucangiving.com/toucan-collect

3.4 Key Terms

  • You agree not to misuse, tamper with, reverse-engineer, or alter the Toucan Collect application.
  • Misuse of the application may result in immediate termination of access without notice.

3.5 Your Right to Cancel

You may cancel the Service at any time. To do so:

  1. Cease use of the Toucan Collect application.
  2. Contact us to request account closure.

We will confirm your account has been closed upon receipt of your request.

Appendix 2: Fundraiser Terms and Conditions

1. Scope of this Appendix

These Fundraiser Terms and Conditions apply to members of the public who use the Toucan Collect mobile application to raise funds in aid of a registered charity.

By using the application, YOU are acting as a fundraiser in aid of your selected charity, and you agree to comply with the terms set out in this Agreement.

2. Duration of Agreement

This Agreement becomes effective upon your first use of the Toucan Collect application and remains in effect until terminated by either party in accordance with the terms below.

There is no minimum contract term.

The application is provided free of charge (FOC) to members of the public who wish to raise donations for their chosen charity.

We reserve the right to suspend or terminate your access if your account remains inactive for 12 consecutive months.

3. Fee Structure

3.1 Tipping Model

  • Toucan Collect does not charge any monthly licence fees or platform transaction fees to fundraisers.
  • The application operates on a tipping model, where donors are given the optional opportunity to leave a tip to support the ongoing development and operation of Toucan Collect.

3.2 Optional Tips

  • Tipping is voluntary and at the sole discretion of the donor.
  • Regardless of whether a tip is added, 100% of the donation is passed directly to your selected charity.

4. Key Terms

  • You agree not to misuse, alter, tamper with, or reverse-engineer the Toucan Collect application.
  • Any user found to be abusing the Service may have their access immediately terminated, without notice, at the Company’s discretion.
  • As a fundraiser, you are not permitted to collect donations for personal or unauthorised purposes. All funds raised must be in aid of a registered charity.

5. Your Right to Cancel

You may cancel your use of the Toucan Collect application at any time. To do so:

  1. Cease using the application.
  2. Contact us to request closure of your fundraiser account.

Once your cancellation request has been processed, you will receive confirmation and may proceed to delete the app from your device.

End-User Licence Agreement ("Agreement")

Last Updated: 3rd September 2025

1. Introduction

Please read this Agreement carefully before clicking “I Agree” or using the Toucan Collect mobile application.

By installing or using the Application, YOU agree to be legally bound by the terms of this End-User Licence Agreement ("EULA").

If YOU do not agree with these terms, do not install, use, or access the Application.

2. Interpretation and Definitions

2.1 Interpretation

Capitalised terms have specific meanings defined below. These definitions apply equally in singular and plural forms.

2.2 Definitions

  • "Agreement" – This EULA, together with all associated terms and conditions governing use of the Toucan Collect service.
  • "Application" – The Toucan Collect mobile application available via official Application Stores.
  • "Application Store" – Apple App Store, Google Play Store, or any other platform from which YOU download the Application.
  • "Company" – Toucan Collect, a PAYA Group brand operated by LibertyPay Limited (Company No. 09766054), with registered office at: 1 Westleigh Office Park, Scirocco Close, Moulton Park, Northampton, NN3 6BW, United Kingdom.
  • "Content" – Any text, media, images, or other data uploaded or shared through the Application by YOU.
  • "Country" – Refers to the United Kingdom or the Republic of Ireland.
  • "Device" – Any mobile device capable of running the Application.
  • "Licence" – A limited-use, single-user licence to operate the Application on an authorised Device.
  • "Services" – The Toucan Collect features, including Tap to Pay, fundraising tools, reporting, and donor engagement functions.
  • "User" – An individual authorised to operate the Application either as a fundraiser or on behalf of a registered charity.
  • "YOU" / "YOUR" – The individual accessing or using the Application, or the organisation they represent.

3. Acknowledgment

By clicking “I Agree,” downloading, or using the Application:

  • YOU accept and agree to be bound by this Agreement.
  • This Agreement forms a legally binding contract between YOU and the Company.

Important Notes:

  • This Agreement is between YOU and the Company, not the Application Store.
  • The Company is solely responsible for the Application and its content, except for content sourced directly from JustGiving, which is not controlled by the Company.
  • Although the Application Store is not a party to this Agreement, it may enforce this Agreement as a third-party beneficiary.
  • The Application is licensed, not sold, and is subject to the restrictions detailed below.

4. Licence Terms

4.1 Scope of Licence

Subject to this Agreement, the Company grants YOU a revocable, non-exclusive, non-transferable, limited licence to:

  • Download and install the Application,
  • Use it solely on compatible Devices owned or controlled by YOU or YOUR authorised Users,
  • Access its features solely for charitable fundraising purposes.

All use must comply with both this Agreement and the terms of the relevant Application Store.

4.2 Licence Restrictions

YOU shall not, and will not permit others to:

  • Sell, rent, lease, sublicense, distribute, or commercially exploit the Application;
  • Modify, reverse-engineer, decompile, or disassemble the Application;
  • Remove or obscure copyright or proprietary notices;
  • Use the Application in any unlawful manner or in breach of applicable regulations.

5. Intellectual Property

All intellectual property rights in the Application remain the exclusive property of the Company or its licensors.

YOU do not acquire any ownership rights by downloading or using the Application.

5.1 Infringement Claims

The Company, not the Application Store, is responsible for resolving any third-party claim alleging the Application infringes intellectual property rights.

6. Modifications and Updates

  • The Company reserves the right to modify, suspend, or discontinue any part of the Application without notice or liability.
  • Updates may be automatically installed on YOUR Device and may alter or remove certain features.

By continuing to use the Application, YOU consent to receiving such updates.

7. Maintenance and Support

The Company is solely responsible for providing support if required by law. The Application Store has no obligation to provide any support or maintenance services for the Application.

8. Term and Termination

8.1 Term

This Agreement remains in effect until terminated by either YOU or the Company.

8.2 Termination by the Company

The Company may terminate or suspend this Agreement at any time, with or without notice, particularly if YOU:

  • Breach any term of this Agreement;
  • Engage in unlawful or abusive use of the Application.

8.3 Termination by YOU

YOU may terminate this Agreement at any time by:

  • Notifying the Company of your intention to cancel;
  • Deleting the Application from all Devices under your control.

Upon termination:

  • YOUR licence is immediately revoked;
  • YOU must cease all use and delete all copies of the Application.

Termination does not affect any rights or remedies accrued prior to termination.

9. Indemnification

YOU agree to indemnify and hold harmless the Company, its affiliates, officers, employees, and licensors from any claims, liabilities, or expenses (including legal fees) arising out of:

  • YOUR use or misuse of the Application;
  • YOUR violation of this Agreement;
  • Any Content submitted by YOU that infringes third-party rights.

10. No Warranties

The Application is provided "AS IS" and "AS AVAILABLE" without warranty of any kind.

To the fullest extent permitted by law, the Company disclaims:

  • All express or implied warranties, including merchantability, fitness for a particular purpose, and non-infringement;
  • Any warranties that the Application will be error-free, uninterrupted, or suitable for YOUR purposes.

YOU acknowledge:

  • The Application may not meet YOUR expectations;
  • The Company does not warrant the accuracy or reliability of third-party data (e.g. JustGiving).

Some jurisdictions may not allow certain disclaimers—if so, the Company’s liability will be limited to the maximum extent permitted by law.

11. Limitation of Liability

To the fullest extent permitted by law, the Company’s total liability under this Agreement will not exceed:

  • The amount YOU paid for the Application in the previous 12 months;
  • ÂŁ100 (One Hundred GBP) if no payment has been made.

Under no circumstances shall the Company be liable for:

  • Indirect, incidental, special, or consequential damages;
  • Loss of profits, data, goodwill, or business interruption;
  • Any claims arising from use of third-party services, content, or updates.

These limitations apply even if the Company has been advised of the possibility of such damages.

12. Severability and Waiver

  • If any provision of this Agreement is held to be unenforceable, it shall be modified to reflect the intent of the original provision, and all remaining provisions shall remain in effect.
  • Failure to enforce any right or provision shall not constitute a waiver of future enforcement.

13. Product Claims

The Company is solely responsible for addressing claims arising from use of the Application, including:

  • Product liability;
  • Legal or regulatory non-compliance;
  • Consumer protection matters.

14. Changes to this Agreement

The Company reserves the right to update or amend this Agreement at any time.

If material changes are made, YOU will be notified at least 30 days in advance.

Continued use of the Application after changes take effect constitutes acceptance of the updated terms. If YOU do not agree, YOU must stop using and delete the Application.

15. Governing Law

This Agreement shall be governed by the laws of England and Wales, excluding conflict-of-law principles.

YOUR use of the Application may also be subject to local laws where applicable.

16. Entire Agreement

This Agreement constitutes the entire agreement between YOU and the Company regarding the use of the Application and supersedes all prior agreements, communications, or understandings.

17. Contact Information

If YOU have any questions or concerns regarding this Agreement, YOU can contact us at: