Powering Better Fundraising
Welcome to RaffClub
Thank you for considering RaffClub as your fundraising technology partner.
We created RaffClub to help charities, community organisations and not-for-profits make fundraising simpler, more engaging and more accessible through raffles and prize draws.
Our technology is designed to take care of much of the infrastructure behind running a campaign - from ticketing and payments through to draw technology and administration - allowing your organisation to focus on what matters most: raising funds, engaging your supporters and furthering your cause.
Working in partnership
We see our relationship with every organisation using RaffClub as a partnership.
While RaffClub provides the technology and tools to support your fundraising activities, your organisation remains the Promoter of its individual campaigns. The Terms of Service that follow set out our respective responsibilities and are designed to provide a clear framework for working together. We believe that good partnerships should be transparent.
Here to help
We understand that legal terms can sometimes feel complicated, particularly when fundraising and raffle regulations are involved. If you have questions about how RaffClub works, the Platform or any part of these Terms, please speak to us. Customer service is extremely important to us, and we want the organisations using RaffClub to feel supported throughout their journey using the platform.
Our aim is simple: to provide technology that helps great organisations raise more money for the causes and communities they support.
We look forward to working with you.
The RaffClub Team
Please review our Terms of Service
The following RaffClub Terms of Service for Charities and Not-for-Profit Organisations set out the contractual terms governing your organisation's use of the RaffClub Platform. Please read them carefully before accessing or using the Platform.
By accepting an invitation to access RaffClub, logging into or using the Platform, purchasing a Subscription, entering into a Commission Arrangement or otherwise using the Services, your organisation agrees to be bound by the Terms of Service that follow.
TERMS OF SERVICE FOR CHARITIES AND NOT-FOR-PROFIT ORGANISATIONS
Last updated: 27th August 2026
These Terms of Service (the “Terms”) form a legally binding agreement between RaffClub Limited, a company incorporated in England and Wales under company number 16045870 whose registered office is at 2nd Floor, Maritime Place, Quayside, Chatham Maritime, Kent ME4 4QZ (“RaffClub”, “we”, “us” or “our”) and the charity, not-for-profit organisation or other eligible organisation that is granted access to or uses the RaffClub Platform (“Organisation”, “you” or “your”).
These Terms govern the Organisation's access to and use of the RaffClub Platform and Services.
By creating an Account, accepting an invitation to access the Platform, logging into or using the Platform, purchasing a Subscription, entering into a Commission Arrangement, accepting these Terms electronically or otherwise accessing or using the Services, the Organisation confirms that it has read, understood and agrees to be bound by these Terms.
If the Organisation does not agree to these Terms, it must not access or use the Platform.
1. DEFINITIONS
“Account” means the account established for an Organisation to access and use the Platform.
“Applicable Law” means all laws, regulations, regulatory requirements, codes and legally binding rules applicable to RaffClub, the Organisation, a Promotion or the Services.
“Business Day” means a day other than a Saturday, Sunday or public holiday in England.
“Commission” means the amount payable to RaffClub under a Commission Arrangement, calculated as 10% of the Total Amount Raised unless otherwise agreed in writing.
“Commission Arrangement” means the commercial arrangement under which an Organisation uses the Platform without paying the standard Subscription Fee and instead pays RaffClub a Commission based on the Total Amount Raised.
“Entrant” means an individual who enters or attempts to enter a Promotion operated by an Organisation using the Platform.
“Entry” means an eligible entry into a Promotion.
“Entry Payment” means the amount payable by an Entrant for a paid Entry or ticket, excluding the Platform Fee.
“Fees” means the Subscription Fee, Commission, Platform Fee and any other charges expressly agreed or disclosed in accordance with these Terms.
“Guaranteed Prize” means a cash Prize or other Prize of a stated or guaranteed monetary value which the Promoter represents will be awarded irrespective of the amount raised or number of Entries sold.
“Organisation Content” means information, images, text, branding, Prize information, Promotion information, marketing materials and other content uploaded, supplied or published by an Organisation.
“Platform” means RaffClub's websites, software, applications, dashboards, raffle technology and related systems.
“Platform Fee” means the £1 fee charged by RaffClub in addition to the applicable Entry Payment for each qualifying transaction processed through the Platform, as described in Section 5.2.
“Prize” means any cash, product, service, experience or other benefit offered to a winner of a Promotion.
“Prize Draw” means a promotional prize draw or other promotion structured so as not to constitute an unlawful lottery under Applicable Law.
“Promotion” means a raffle, lottery, prize draw, free draw, prize competition or other prize-based fundraising campaign created or operated by an Organisation using the Platform.
“Promoter” means the Organisation responsible for creating, administering and operating a Promotion.
“Services” means the Platform and associated technology and services provided by RaffClub.
“Subscription” means the Organisation's subscription to the Services.
“Subscription Fee” means the annual subscription fee payable to RaffClub, currently £995 plus VAT where applicable, unless otherwise agreed in writing.
“Total Amount Raised” means the gross value of paid tickets or Entries sold through the Platform for a Promotion, excluding the Platform Fee and subject to adjustments for valid refunds, chargebacks, fraudulent transactions and reversed payments.
2. RAFFCLUB'S ROLE
2.1 Technology Provider
RaffClub provides technology that enables eligible Organisations to create, administer and manage Promotions.
Depending on the functionality selected, the Services may include:
- Promotion creation and hosting;
- processing or facilitating Entries;
- payment functionality through third-party payment providers;
- electronic ticket or Entry generation;
- random winner selection technology;
- dashboards and reporting;
- winner administration tools;
- entrant communications;
- data management tools; and
- other fundraising technology made available by RaffClub from time to time.
2.2 Organisation as Promoter
Unless RaffClub expressly agrees otherwise in writing, the Organisation is the Promoter and operator of each Promotion created using the Platform.
RaffClub provides the technology and infrastructure used to facilitate the Promotion.
The Organisation is responsible for the operation, legality, content, advertising, Prizes and fulfilment of its Promotions.
RaffClub does not become the Promoter, operator, trustee or beneficiary of a Promotion merely because the Promotion uses the Platform.
2.3 No Regulatory Authorisation
The availability of any feature on the Platform does not constitute confirmation or advice that an Organisation may lawfully operate a particular Promotion.
In particular, the availability of raffle, lottery, free draw, prize draw or prize competition functionality does not itself authorise the Organisation to operate that Promotion.
The Organisation remains responsible for determining the appropriate legal and regulatory structure for each Promotion and obtaining professional advice where appropriate.
3. ELIGIBILITY AND VERIFICATION
The Services are intended primarily for charitable and not-for-profit Organisations approved by RaffClub.
RaffClub may require information or documentation reasonably necessary to verify an Organisation and its authority to use the Platform, including:
- registered charity name and number;
- Companies House information;
- governing documents;
- registered address;
- trustee or director details;
- identity information relating to authorised representatives;
- bank account information;
- evidence of charitable or not-for-profit status;
- regulatory registrations;
- lottery registrations or licences; and
- other information reasonably required for compliance, fraud prevention or payment processing purposes.
The Organisation must ensure that all information supplied to RaffClub is accurate, complete and kept up to date.
RaffClub may refuse, suspend or restrict access to the Services where reasonable verification requirements have not been satisfied.
4. ACCEPTANCE OF TERMS AND ACCOUNT SECURITY
4.1 Acceptance by Access or Use
Where RaffClub grants an Organisation access to the Platform by providing, creating or enabling login credentials, the Organisation's first login to, access of, or use of the Platform constitutes acceptance of these Terms.
Acceptance may also occur where the Organisation:
- creates an Account;
- accepts an invitation to access the Platform;
- purchases a Subscription;
- enters into a Commission Arrangement;
- electronically accepts these Terms; or
- otherwise accesses or uses the Services.
The Organisation is responsible for ensuring that any individual accepting these Terms or accessing the Platform on its behalf has authority to bind the Organisation.
If an individual accesses the Platform on behalf of an Organisation, that individual represents that they have authority to accept these Terms on behalf of the Organisation.
If the Organisation does not agree to these Terms, it must not access or use the Platform.
4.2 Electronic Acceptance
RaffClub may require an authorised representative of the Organisation to confirm acceptance of these Terms electronically, including by selecting an acceptance checkbox or other electronic acknowledgement.
RaffClub may retain electronic records showing:
- the version of the Terms accepted;
- the date and time of acceptance;
- the date and time of first login or Platform access; and
- other information reasonably necessary to evidence acceptance.
4.3 Account Security
The Organisation is responsible for:
- ensuring only authorised individuals access its Account;
- maintaining appropriate passwords and security controls;
- keeping login credentials confidential;
- removing access when an individual is no longer authorised;
- maintaining accurate Account information; and
- notifying RaffClub promptly of suspected unauthorised access or security breaches.
Activities carried out through an Organisation's authorised Account will be treated as activities of the Organisation unless RaffClub has been notified that the Account has been compromised.
The Organisation must not permit login credentials to be used by unauthorised persons.
5. SUBSCRIPTIONS, COMMISSIONS AND FEES
RaffClub offers two principal commercial arrangements for use of the Platform. The applicable commercial arrangement will be agreed with the Organisation before it begins operating Promotions.
5.1 Subscription or Commission Arrangement
5.1(a) Subscription Model
Under the Subscription Model, the Organisation pays RaffClub an annual Subscription Fee of £995 plus VAT where applicable.
Unless otherwise agreed in writing, RaffClub will not charge the Organisation a percentage Commission on the Total Amount Raised while the Organisation operates under the Subscription Model.
5.1(b) Commission Model
Alternatively, an Organisation may use the Platform under a Commission Arrangement.
Under the Commission Model, RaffClub will charge 10% of the Total Amount Raised through paid ticket or Entry sales processed through the Platform.
Unless otherwise agreed:
- Commission is calculated on gross paid ticket or Entry sales;
- valid refunds, chargebacks, fraudulent transactions and reversed payments will be excluded or adjusted when calculating the final Commission;
- the Platform does not form part of the Total Amount Raised for the purpose of calculating Commission; and
- RaffClub may deduct Commission before the remaining proceeds are settled to the Organisation.
An Organisation may not switch between the Subscription Model and Commission Model without RaffClub's agreement.
5.2 Platform Fee
In addition to the applicable Subscription or Commission arrangement, RaffClub will charge an Platform Fee of £1 per qualifying transaction processed through the Platform.
The Platform Fee is charged in addition to the Entry Payment or ticket price and is intended to contribute towards the costs associated with providing and processing transactions through the Platform, including payment processing, technology and administration.
Ticket or Entry | £10 |
Platform Fee | £1 |
Total payable by Entrant | £11 |
The Platform Fee will be clearly disclosed to the Entrant before the transaction is completed and identified as an “Platform Fee” or substantially similar wording.
The Platform Fee:
- is separate from the Entry Payment;
- does not form part of the Total Amount Raised;
- is not included when calculating RaffClub's 10% Commission; and
- is retained by RaffClub unless otherwise stated.
5.3 Taxes
Fees stated in these Terms are exclusive of VAT unless expressly stated otherwise. Where VAT or another applicable tax is legally chargeable, RaffClub may add that tax to the relevant Fee. Each Organisation remains responsible for its own tax obligations arising from its activities.
5.4 Changes to Pricing
RaffClub may change its Subscription Fee, Commission rate or Platform Fee from time to time in accordance with Section 33.
Changes to the annual Subscription Fee will normally take effect from the Organisation's next renewal. RaffClub will not retrospectively alter the Commission rate applicable to amounts already raised. The Platform Fee applicable to a transaction will always be disclosed to the Entrant before payment.
6. RAFFLES, LOTTERIES AND PRIZE DRAWS
6.1 Organisation Responsibility
The Organisation is responsible for ensuring that every Promotion it operates through RaffClub complies with Applicable Law. This includes determining whether a Promotion constitutes a:
- lottery or raffle;
- free draw;
- prize competition;
- promotional prize draw; or
- other regulated or unregulated form of promotion.
6.2 Licences and Registrations
Where a Promotion requires a licence, registration, permit, approval or other regulatory authorisation, the Organisation is responsible for obtaining and maintaining it before launching the Promotion.
6.3 Regulatory Requirements
The Organisation is responsible for complying with all requirements applicable to its Promotion, including where relevant:
- eligibility to operate the Promotion;
- lottery registration or licensing;
- permitted proceeds and expenses;
- ticket or Entry pricing;
- minimum age requirements;
- geographical restrictions;
- Prize descriptions;
- draw procedures;
- advertising;
- record keeping and reporting;
- use of proceeds;
- free entry routes where applicable;
- winner notification;
- treatment of unclaimed Prizes;
- cancellation and refund requirements; and
- any other applicable regulatory requirements.
6.4 Compliance Information
RaffClub may require reasonable evidence that a Promotion complies with Applicable Law. This may include:
- lottery registrations or licences;
- local authority registrations;
- regulatory correspondence;
- Promotion terms and conditions;
- evidence concerning a Prize;
- evidence concerning the Organisation's status; or
- other information reasonably required by RaffClub.
Failure to provide reasonably requested information may result in suspension under Section 14.
7. PROMOTION TERMS AND CONDITIONS
The Organisation must ensure that each Promotion has clear and legally compliant terms available to Entrants before they enter. Those terms should, where applicable, identify:
- the Organisation as Promoter;
- eligibility requirements;
- minimum age;
- geographical restrictions;
- opening and closing dates;
- Entry price;
- any applicable Platform Fee;
- free entry method where required or applicable;
- maximum number of Entries;
- Prize description;
- whether a Prize is guaranteed;
- winner selection method;
- draw date;
- winner notification process;
- treatment of unclaimed Prizes;
- Prize transfer restrictions;
- cancellation procedures;
- refund arrangements; and
- required regulatory information.
RaffClub may provide templates or technology to assist Organisations with Promotion terms.
Any template provided by RaffClub is an administrative tool and does not remove the Organisation's responsibility for ensuring that its Promotion and terms comply with Applicable Law.
8. PRIZES AND PRIZE FULFILMENT
8.1 Promoter Responsibility
The Organisation, as Promoter, is solely responsible for each Prize offered in connection with a Promotion.
The Organisation must ensure that each Prize:
1. exists or will be available when required;
2. is accurately described;
3. can lawfully be offered;
4. can lawfully be supplied to the winner;
5. is not misleadingly advertised or valued; and
6. is delivered or made available in accordance with the Promotion terms.
The Organisation must not advertise a Prize unless it has a reasonable basis to believe that the Prize will be available.
8.2 Coordination and Delivery of Prizes
The Organisation is responsible for all arrangements relating to Prize fulfilment, including:
- coordinating delivery, collection, redemption or transfer of the Prize;
- communicating with the winner regarding fulfilment;
- obtaining information reasonably required from the winner to facilitate delivery or redemption;
- ensuring the Prize is delivered, transferred or otherwise made available within the timeframe stated in the Promotion terms;
- coordinating with any third party supplying or delivering the Prize;
- resolving issues concerning the condition, availability, delivery, collection or redemption of the Prize; and
- ensuring that the successful Entrant ultimately receives or is provided with the Prize to which they are entitled.
Unless RaffClub expressly agrees otherwise in writing, RaffClub is not responsible for the procurement, storage, coordination, delivery, collection, redemption or fulfilment of any Prize.
The Organisation remains responsible for Prize fulfilment even where the Prize is supplied, donated, delivered or otherwise provided by a third party.
8.3 Guaranteed Cash Prizes and Other Guaranteed Prizes (where applicable)
Where an Organisation advertises or offers a Guaranteed Prize, the Organisation is solely responsible for ensuring that the full amount or value of the Guaranteed Prize is available and provided to the winner in accordance with the Promotion terms.
The Organisation acknowledges that the Total Amount Raised may be less than the value of the Guaranteed Prize.
Where the Total Amount Raised is insufficient to meet the full value of a Guaranteed Prize, the Organisation is solely responsible for funding and making up the entire shortfall from its own funds or other available resources.
For example, where the Organisation offers a guaranteed cash Prize of £10,000 but raises only £7,000 through paid Entries, the Organisation remains responsible for providing the full £10,000 Prize and must fund the £3,000 shortfall.
RaffClub has no obligation to fund, contribute towards, underwrite, guarantee or otherwise make good any shortfall between the Total Amount Raised and the value of a Guaranteed Prize.
The financial risk associated with offering a Guaranteed Prize rests entirely with the Organisation as Promoter.
The Organisation must ensure before launching a Promotion that it has sufficient financial resources to meet the full value of any Guaranteed Prize irrespective of the number or value of Entries sold.
The Organisation may not reduce the value of a Guaranteed Prize because insufficient Entries have been sold unless the applicable Promotion terms expressly and lawfully permit such a change.
Failure to provide the full Guaranteed Prize when due may constitute a material breach of these Terms and may result in RaffClub suspending the Account, withholding settlement, requiring remedial action, facilitating appropriate refunds and/or terminating the Agreement.
8.4 Prize Unavailability
If a Prize becomes unavailable, the Organisation must promptly notify RaffClub and the affected winner and take appropriate steps in accordance with the Promotion terms and Applicable Law, including providing a suitable replacement or other remedy where required.
9. PAYMENTS AND SETTLEMENT
9.1 Payment Processing
Payment services made available through the Platform may be provided by independent regulated payment service providers. The Organisation may be required to accept separate terms with the applicable payment provider.
The Organisation authorises RaffClub and its payment providers, where applicable, to:
- process Entry Payments and Platform Fees;
- deduct Commission and other authorised Fees;
- settle applicable proceeds;
- process authorised refunds and chargebacks;
- undertake fraud prevention measures; and
- take actions required by Applicable Law or the applicable payment provider.
The Organisation is responsible for providing and maintaining accurate bank account and settlement information.
9.2 Settlement of Funds
Subject to these Terms, RaffClub will arrange for the net proceeds raised through a Promotion to be paid to the Organisation 15 days after the applicable draw has taken place and the winner has been selected and revealed.
The 15-day settlement period begins when both:
1. the draw has been completed; and
2. the winner has been selected and revealed in accordance with the Promotion terms.
The amount payable to the Organisation will comprise the Total Amount Raised less any amounts properly deductible under these Terms, including where applicable:
- RaffClub's Commission;
- refunds;
- chargebacks;
- reversed or fraudulent transactions;
- other Fees or amounts properly due to RaffClub; and
- deductions required by Applicable Law or the applicable payment provider.
The Platform Fee is retained by RaffClub and does not form part of the Total Amount Raised payable to the Organisation.
9.3 Settlement Period
The 15-day settlement period allows RaffClub and its payment providers to undertake reasonable post-draw processing, including transaction reconciliation, refunds and chargebacks, fraud and payment checks, compliance checks and calculation of the final amount payable to the Organisation.
Where the scheduled settlement date falls on a weekend or public holiday, payment may be made on the next Business Day. Settlement may also be subject to ordinary banking and payment-provider processing times.
9.4 Delayed or Withheld Settlement
RaffClub may reasonably delay or withhold settlement where:
- fraud or unlawful activity is reasonably suspected;
- there is a material dispute concerning the Promotion or Prize;
- required verification, banking or compliance information has not been provided;
- the Promotion is subject to an investigation by RaffClub, a payment provider or competent authority;
- Entrants may be entitled to refunds;
- material chargebacks or payment disputes remain unresolved;
- the Organisation has materially breached these Terms;
- the Organisation has failed, or appears reasonably likely to fail, to fulfil its Prize obligations;
- there is an unresolved shortfall relating to a Guaranteed Prize; or
- RaffClub is required to do so by Applicable Law, a regulator, court, law enforcement authority or payment provider.
Where legally permitted and reasonably practicable, RaffClub will inform the Organisation of the reason for the delay.
RaffClub will release relevant funds once the reason for withholding or delaying settlement has been satisfactorily resolved, subject to any deductions properly due.
9.5 Settlement Does Not Transfer Prize Responsibility
Payment of proceeds to the Organisation does not transfer responsibility for Prize fulfilment to RaffClub. The Organisation remains responsible for ensuring that the winner receives the Prize in accordance with Section 8.
10. REFUNDS AND CHARGEBACKS
The Organisation is responsible for establishing and operating an appropriate refund policy for its Promotions in accordance with Applicable Law.
RaffClub may process or facilitate a refund where required by Applicable Law, required by a payment provider, authorised by the Organisation, a Promotion is cancelled, a transaction is fraudulent, a Prize cannot be provided, or a material error affecting the transaction has occurred.
Where a refund or chargeback results from an act or omission of the Organisation, RaffClub may recover the relevant amount and reasonable associated costs from the Organisation to the extent permitted by law.
Refunds, chargebacks and reversed payments may be reflected in the calculation of Total Amount Raised.
11. PROHIBITED USE
The Organisation must not use the Platform for unlawful gambling; without a required licence or registration; fraudulently or misleadingly; to offer fictitious or materially misrepresented Prizes; for money laundering or financial crime; to infringe third-party intellectual property rights; to promote unlawful goods or services; to manipulate a draw or winner selection process; to interfere with Platform security; to gain unauthorised access to another Account; to introduce malicious software; to circumvent Fees or Commission; or in a manner reasonably likely to cause material harm to RaffClub, Entrants or other Organisations.
RaffClub may maintain a separate Acceptable Use Policy containing additional restrictions.
11.1 Text and Data Mining, Web Scraping and AI Training
The Organisation must not, and must not permit any third party to, conduct, facilitate, authorise or permit text or data mining, web scraping or other automated extraction in relation to the Platform or Services, including for the purpose of developing, training, fine-tuning, testing or validating any artificial intelligence system or model.
This includes using or attempting to use any robot, bot, spider, scraper, crawler or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor, extract, analyse or republish any part of the Platform or any data, content, information or Services made available through it, except where expressly authorised by RaffClub in writing.
RaffClub expressly reserves its rights in relation to text and data mining and does not consent to the use of the Platform, Services or content made available through them for the development, training, fine-tuning, testing or validation of artificial intelligence systems or models, except to the extent that such activity cannot lawfully be restricted by contract.
12. DRAW TECHNOLOGY AND WINNER SELECTION
Where RaffClub provides electronic winner selection or random number generation technology, RaffClub will use reasonable care to operate that technology in accordance with its documented functionality.
The Organisation must not manipulate or attempt to interfere with winner selection.
Where a technical error materially affects the integrity of a draw, RaffClub may require the draw to be rerun or take other reasonable remedial action.
The Organisation remains responsible for ensuring that its chosen draw mechanism is appropriate for its Promotion and complies with Applicable Law.
13. ORGANISATION REPRESENTATIONS AND WARRANTIES
The Organisation represents and warrants that:
1. it has authority to enter into these Terms;
2. the individual accepting these Terms is authorised to act for it;
3. information provided to RaffClub is accurate;
4. it will use the Platform lawfully;
5. each Promotion will comply with Applicable Law;
6. it will maintain all required licences, registrations and approvals;
7. Organisation Content will be accurate and not misleading;
8. it has all necessary rights to use Organisation Content;
9. it will honour valid Prizes and Promotion commitments;
10. funds raised will be used in accordance with Applicable Law and representations made to Entrants;
11. it has and will maintain sufficient financial resources to fund any Guaranteed Prize, including any shortfall between the Total Amount Raised and the value of that Prize; and
12. it will cooperate reasonably with RaffClub regarding compliance, fraud and regulatory matters.
14. SUSPENSION OF A PROMOTION OR ACCOUNT
RaffClub may temporarily suspend, restrict or disable a Promotion or Account where it reasonably believes:
- a Promotion may be unlawful;
- a required licence or registration is absent;
- Entrants may be materially misled;
- a Prize may not exist or may be materially misrepresented;
- a Guaranteed Prize may not be adequately funded;
- fraud or suspicious payment activity may be occurring;
- the Organisation has materially breached these Terms;
- continued operation creates material regulatory, legal or security risk; or
- suspension is requested or required by a regulator, payment provider, court or law enforcement authority.
Where reasonably practicable, RaffClub will inform the Organisation of the reason for suspension and provide an opportunity to supply information or remedy the issue. Suspension under this Section does not itself terminate these Terms.
15. CANCELLATION OF AN INDIVIDUAL PROMOTION
Where RaffClub reasonably determines that a particular Promotion cannot lawfully or fairly continue, RaffClub may prevent further Entries, require the Organisation to cancel the Promotion, prevent a draw from taking place, process or facilitate appropriate refunds, or take other reasonable action necessary to protect Entrants or comply with Applicable Law.
Where reasonably practicable, RaffClub will consult the Organisation before cancelling or requiring cancellation of a Promotion. Cancellation of an individual Promotion does not automatically terminate the Organisation's Account or these Terms.
16. INTELLECTUAL PROPERTY
RaffClub and its licensors retain all intellectual property rights in the Platform and Services, including software and source code, databases, algorithms, draw technology, user interfaces, designs, documentation, RaffClub branding and technology developed in connection with the Services.
RaffClub grants the Organisation a limited, non-exclusive, non-transferable and revocable right to use the Platform during the term of its Subscription or Commission Arrangement in accordance with these Terms. No ownership rights in RaffClub intellectual property are transferred to the Organisation.
16.1 Trade Marks
“RaffClub”, the RaffClub name, logos, trade marks, service marks, trading names and other brand identifiers used in connection with the Platform and Services are owned by or licensed to RaffClub. The Organisation must not use any RaffClub trade mark, logo or branding without RaffClub’s prior written approval, except to the extent expressly permitted by RaffClub in connection with the Organisation’s authorised use of the Services.
The Organisation must not register or attempt to register any company name, domain name, social media identifier, trade mark or other identifier that is identical or confusingly similar to RaffClub’s trade marks, branding or other intellectual property.
17. ORGANISATION CONTENT
The Organisation retains ownership of its Organisation Content. The Organisation grants RaffClub a non-exclusive licence to host, reproduce, display, process and use Organisation Content to the extent reasonably necessary to provide and administer the Services.
The Organisation is responsible for ensuring that it has all rights and permissions necessary to provide and use Organisation Content through the Platform.
17.1 Anonymised Platform Data
RaffClub may create, collect and use technical, operational, usage, statistical and performance data relating to the use and operation of the Platform and Services, including data derived from Organisation Content and use of the Services, provided that such data has been aggregated, anonymised or otherwise de-identified so that it does not identify the Organisation, an Entrant or any other individual (“Anonymised Data”).
RaffClub owns Anonymised Data and may use, combine, analyse and disclose Anonymised Data for legitimate business purposes, including maintaining, securing and improving the Platform and Services, developing new products and functionality, analysing usage and industry trends, benchmarking and other business purposes, during and after the Organisation’s use of the Services. Nothing in this Section permits RaffClub to use personal data other than in accordance with Section 18 and its Privacy Policy.
18. DATA PROTECTION
Each party must comply with applicable data protection legislation, including the UK GDPR and Data Protection Act 2018 where applicable.
The respective roles of RaffClub and the Organisation as controller, joint controller or processor will depend on the relevant processing activity. Where RaffClub processes personal data solely on behalf of an Organisation, the parties may enter into or be subject to a separate Data Processing Agreement.
The Organisation is responsible for ensuring that it has an appropriate lawful basis for its use of Entrant personal data, including for marketing purposes. RaffClub's processing of personal information is further described in its Privacy Policy.
19. CONFIDENTIALITY
Each party must protect the other's confidential information using reasonable safeguards, use it only for purposes connected with the Services, disclose it only to persons who reasonably require access, and not disclose it to third parties except where authorised or required by law.
These obligations do not apply to information that is lawfully public or lawfully obtained without confidentiality restrictions.
20. THIRD-PARTY SERVICES
The Platform may integrate with independent third-party providers, including payment processors, identity verification providers, hosting providers, communications providers and fraud prevention services. Third-party services may be subject to separate terms.
RaffClub does not control independent third-party services and cannot guarantee their continuous availability. Any liability arising in connection with third-party services is subject to Section 27.
21. PLATFORM AVAILABILITY
RaffClub will use reasonable efforts to maintain the availability and security of the Platform but does not guarantee uninterrupted or error-free operation.
The Platform may be unavailable because of maintenance, upgrades, technical failures, cyber incidents, telecommunications failures, third-party outages or circumstances outside RaffClub's reasonable control. RaffClub will use reasonable efforts to minimise material disruption where practicable. Any liability arising from Platform availability is subject to Section 27.
22. CHANGES TO THE SERVICES
RaffClub may modify, improve, replace or discontinue functionality from time to time. Where a change materially reduces core functionality being provided to an Organisation, RaffClub will give reasonable notice where practicable. Changes to these contractual Terms are governed by Section 33.
23. TERM AND RENEWAL
These Terms commence when the Organisation accepts them in accordance with Section 4 or first uses the Services.
Under the Subscription Model, the Subscription will ordinarily continue for 12 months and may renew for additional 12-month periods where automatic renewal has been clearly agreed.
Under the Commission Model, the commercial arrangement will continue until terminated in accordance with Section 24 or any separately agreed commercial terms.
24. TERMINATION OF THE AGREEMENT
Either party may terminate these Terms in accordance with its applicable Subscription or Commission Arrangement.
RaffClub may terminate the Agreement immediately where the Organisation commits a material breach that cannot reasonably be remedied; a remediable material breach is not remedied within a reasonable period following notice; the Organisation engages in fraud or deliberate unlawful conduct; the Organisation fails to provide or fund a Prize in accordance with its obligations; continued provision of the Services would expose RaffClub to material legal or regulatory risk; termination is required by Applicable Law, a regulator or court; or the Organisation fails to pay amounts properly due to RaffClub after reasonable notice.
This Section governs termination of the overall contractual relationship. Suspension is governed by Section 14.
25. CONSEQUENCES OF TERMINATION
On termination, the Organisation's right to use the Platform will cease, subject to reasonable wind-down arrangements; outstanding Fees and Commission accrued before termination remain payable; and RaffClub and the Organisation will, where reasonably practicable, cooperate regarding live Promotions requiring completion, cancellation or refunds.
Termination does not affect rights or liabilities accrued before termination. Sections concerning intellectual property, confidentiality, data protection, liability, indemnity, accrued payment obligations and governing law will survive where necessary to give them effect.
26. INDEMNITY
To the extent permitted by law, the Organisation will indemnify RaffClub against third-party claims, regulatory costs, losses and reasonable expenses arising directly from an unlawful Promotion operated by the Organisation; failure to obtain a required licence or registration; materially misleading Organisation Content; failure to provide an advertised Prize; failure to fund a Guaranteed Prize or associated shortfall; infringement of third-party intellectual property by Organisation Content; fraud or deliberate misconduct by the Organisation; or material breach by the Organisation of Applicable Law or these Terms.
The indemnity does not apply to the extent the relevant loss was caused by RaffClub's own negligence, fraud, unlawful conduct or breach of these Terms.
27. LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot lawfully be excluded or limited.
Subject to the above and to the extent permitted by Applicable Law, neither party will be liable for indirect or consequential loss.
RaffClub will not be liable to the extent that loss arises from the Organisation's breach of Applicable Law; an unlawful Promotion operated by the Organisation; inaccurate or misleading Organisation Content; the Organisation's failure to provide a Prize; any shortfall between the Total Amount Raised and the value of a Guaranteed Prize; unauthorised Account access resulting from the Organisation's failure to maintain reasonable security; failures of independent third-party services outside RaffClub's reasonable control; or circumstances outside RaffClub's reasonable control.
RaffClub's aggregate financial liability under or in connection with these Terms shall be subject to a financial cap of £100.
28. NO LEGAL OR REGULATORY ADVICE
RaffClub may provide templates, guidance, educational materials or Platform functionality designed to assist Organisations. These do not constitute legal, regulatory, tax or accounting advice. The Organisation remains responsible for obtaining professional advice where appropriate.
29. REGULATORY COOPERATION
Each Organisation must cooperate reasonably with RaffClub where information is required in connection with a legitimate regulatory, legal, compliance or payment-provider enquiry. RaffClub may provide information to regulators, courts, law enforcement authorities, payment providers or other competent authorities where required or permitted by Applicable Law.
30. FRAUD AND FINANCIAL CRIME
RaffClub may operate proportionate identity verification, fraud prevention and transaction monitoring procedures. Where RaffClub reasonably identifies suspicious activity, it may take appropriate action permitted or required by Applicable Law, including restricting transactions, requesting additional information or making legally required reports.
Any suspension of the Organisation's Account or Promotion will be dealt with under Section 14. The Organisation must not knowingly use or permit the Platform to be used for fraud, money laundering, terrorist financing or other financial crime.
31. COMMUNICATIONS AND NOTICES
RaffClub may send operational, contractual and administrative communications to the contact details associated with the Organisation's Account. The Organisation is responsible for keeping its contact details current.
Where these Terms require RaffClub to provide notice, notice may be provided electronically unless Applicable Law requires otherwise. Marketing communications will be handled separately in accordance with Applicable Law.
32. ASSIGNMENT
The Organisation may not assign its rights or obligations under these Terms without RaffClub's prior written consent. RaffClub may assign or transfer these Terms as part of a corporate restructuring, financing, merger, acquisition or sale of all or substantially all of the relevant business or assets, subject to Applicable Law.
33. CHANGES TO THESE TERMS
RaffClub may amend these Terms from time to time, including where necessary to reflect changes to the Services; reflect changes in Applicable Law or regulatory requirements; improve the clarity or operation of the Terms; address security, fraud or operational requirements; or amend commercial terms in accordance with Section 5.4.
Where a change materially affects an Organisation's rights or obligations, RaffClub will provide reasonable advance notice where practicable. Changes will not ordinarily apply retrospectively.
Where a change materially and adversely affects an Organisation during a paid Subscription Period, the Organisation may contact RaffClub to discuss termination or other appropriate arrangements.
Continued access to or use of the Platform following the effective date of updated Terms constitutes acceptance of those updated Terms where permitted by Applicable Law. RaffClub may retain records identifying the version of the Terms applicable to an Organisation and the date on which updated Terms became effective.
34. FORCE MAJEURE
Neither party will be liable for failure or delay in performing obligations caused by circumstances outside its reasonable control. This does not excuse payment obligations that accrued before the relevant event.
35. ENTIRE AGREEMENT
These Terms, together with any applicable Subscription Order or commercial schedule, Commission Arrangement, Data Processing Agreement, Privacy Policy, Acceptable Use Policy and documents expressly incorporated by reference, constitute the agreement between RaffClub and the Organisation concerning the Services.
Promotion-specific terms govern the relationship between the Promoter and Entrants and do not replace these Terms.
36. SEVERABILITY
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in effect.
37. NO WAIVER
Failure or delay by either party in exercising a right under these Terms does not constitute a waiver of that right.
38. THIRD-PARTY RIGHTS
Unless expressly stated otherwise, no person other than RaffClub and the Organisation has any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.
39. GOVERNING LAW AND JURISDICTION
If you are a consumer, please note that these terms, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
40. CONTACT DETAILS
Questions concerning these Terms may be sent to:
RaffClub Limited
2nd Floor, Maritime Place, Quayside, Chatham Maritime, Kent ME4 4QZ
Company Number: 16045870
Email: enquiries@raffclub.com
Website: www.raffclub.com
SCHEDULE 1 - PROMOTION COMPLIANCE
Before launching a Promotion, the Organisation confirms that it has considered, where applicable:
1. the legal classification of the Promotion;
2. whether payment is required to enter;
3. whether winners are selected wholly or partly by chance;
4. whether a free entry route is required;
5. whether a licence or registration is required;
6. age restrictions;
7. geographical restrictions;
8. Prize availability;
9. whether any Guaranteed Prize is fully funded or can be funded by the Organisation irrespective of ticket sales;
10. advertising requirements;
11. Promotion terms and conditions;
12. draw and winner selection procedures;
13. Prize fulfilment arrangements;
14. winner notification;
15. refunds and cancellations;
16. use of proceeds;
17. record-keeping obligations; and
18. regulatory reporting requirements.
RaffClub may require reasonable compliance information before a Promotion is activated.
SCHEDULE 2 - COMMERCIAL TERMS
OPTION A - SUBSCRIPTION MODEL
Annual Subscription Fee: £995 plus VAT where applicable.
Commission on Total Amount Raised: None, unless otherwise agreed in writing.
Subscription Period: 12 months.
OPTION B - COMMISSION MODEL
Annual Subscription Fee: None, unless otherwise agreed in writing.
RaffClub Commission: 10% of the Total Amount Raised through paid ticket or Entry sales.
APPLICABLE TO BOTH MODELS
Platform Fee: £1 per qualifying transaction, charged in addition to the Entrant's ticket or Entry Payment.
The Platform Fee will be clearly disclosed to the Entrant before the transaction is completed. The Platform Fee is retained by RaffClub and does not form part of the Total Amount Raised for the purposes of calculating Commission.
Settlement: Subject to these Terms, net proceeds will be settled to the Organisation 15 days after the draw has taken place and the winner has been selected and revealed.
Prize Fulfilment: The Organisation, as Promoter, is responsible for coordinating and ensuring delivery or fulfilment of the Prize to the winner.
Guaranteed Prize Shortfall: The Organisation bears the full financial risk of any shortfall between the Total Amount Raised and the value of a Guaranteed Prize. RaffClub is not responsible for funding any such shortfall.
VAT: Applicable Fees are subject to VAT where legally required.