Terms of service


The Services that Givey provides are always evolving and the form and nature of the Services that Givey provides may change from time to time without prior notice to you. In addition, Givey may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Causes are listed on this Website at Givey's discretion, however we cannot accept responsibility for the activities of the Causes. A charity must have the appropriate authorisation, permit or licence to operate as a charity, as required by the local laws of the territory in which it operates.

Use of your donation

Givey does not warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding the recipient Cause's use of any donation you may make through the Website or its associated services or websites powered by us or for any misuse or non-use of such donations by the recipient Cause. After donations are made, all further dealings are solely between the donor and such recipient organisation.

Please note that recipient organisations (excluding Givey Projects) reserve the right to use your donation for their general purposes. They will use your donation for any purpose in accordance with their own rules. Givey cannot guarantee that funds will be earmarked for a particular appeal. If you want your donation to be used for a specific purpose or for a particular appeal you should contact the organisation and make your donation directly to them.

Information

Givey is not an accounting, taxation or financial advisor, and you should not rely on information given on the Website or its associated services to determine the accounting, tax or financial consequences of making a donation to charity, not-for-profit or Givey Project. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.

Charges

A 5% fee will be charged on top of any donation that you make through the platform, the recipient Cause will not be charged. The donor 5% fee may be waived if a participating Givey for Business customer chooses to cover donor fees.

Privacy

Givey's Privacy Policy forms part of these Terms of Service. By agreeing to these Terms of Service you also give your consent to the way we may handle your personal information under that Policy. Read our Privacy Policy here.

User conduct

You must at all times use the Website and its associated services in a responsible and legal manner and ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party. In particular, but not exclusively:

You must not upload offensive, obscene, racist, defamatory, misleading or deceptive content, including photographs, on to the Website or its associated services. Givey does not actively edit the Website but reserves the right to remove or edit any content posted on the Website or its associated services at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene, racist, libellous, misleading or deceptive.
If you notice any such content,
please contact us.
If you create content on Givey, you must ensure that any information you provide to the public is accurate and not misleading. It is your responsibility to ensure that the content you are uploading on your page, in particular the photograph or video, is not copyright-protected. If it is, you must obtain the copyright owner's written consent to use it. Givey reserves the right to remove any pictures, photographs or copy from personal Shares or Givey Projects pages, at its sole discretion and without notice if their copyright status is in any doubt. If you suspect a breach of copyright on the Website,
please contact us.
Other than in relation to your own fundriasing page or charity/project page, you may not remove or change anything on the Website. In addition, you as a user must not:

misrepresent your identity or affiliation with any other person or organisation;
use the Website to send junk email or 'spam' to people who do not wish to receive email from you; use the Website to conduct, display or forward surveys, raffles, lotteries, contests, pyramid - schemes or chain letters; interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the Givey systems;
disclose any information relating to any donor except with the consent of the donor or as permitted by applicable local laws.

Givey reserves the right to cancel your membership and delete any Givey page without notice in the event of a breach of the above rules.

Building a Givey page or posting content in aid of a Cause in no way implies Givey's or the Cause's endorsement of your content. Givey reserves the right, at its absolute discretion and without notice, to remove any shared content at the request of the Cause, in the event that the Cause, in its absolute discretion, deems your conent to be inappropriate.

Copyright

All content on the Website and its associated services is owned by Givey, our member charities, Givey Projects or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trade mark or other proprietary notice. No other use of the Website's and its associated services' content is permitted without the express prior permission of Givey, and, where applicable, the copyright holder. For enquiries and permission requests please contact us.

Changes to the service

Givey will make every effort to ensure that the Website and other services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms of Service.

Failure to comply with these Terms of Service

In the event that you commit a breach of these Terms of Service Givey reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services.

Termination

You may discontinue use of the Website and associated services at any time. These Terms of Service will continue to apply to past use by you.

Disclaimer and Limitation of Liability

Givey does not, and nothing in these Terms of Service shall act to, exclude or limit Givey's liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. You agree that your use of the Website and its associated services is on an "as is" and "as available" basis and that your use of the Website and its associated services is at your sole risk. Givey does not guarantee continuous uninterrupted or secure access to our services and operation of the Website and associated services may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms of Service and except for the rights, guarantees and remedies which cannot be excluded, Givey does not provide other conditions, guarantees, warranties or terms in relation to the Website or its associated services, to the extent permissible by law. Givey shall undertake general maintenance and upkeep of the Website, at the times set out in the applicable country specific terms, from time to time. During these periods, the Website and its associated services may not be available for use. In exceptional circumstances, the Website and associated services may also become unavailable at other times.

Givey shall only be liable under these Terms of Service for losses which are reasonably foreseeable and caused by Givey's breach of these Terms of Service or Givey's negligence. Givey's total liability to you arising under or in connection with these Terms of Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the donations you have made using the Website in the preceding 12 month period, ending on the date the circumstances giving rise to Givey's liability arose.

Givey's liability to you shall not include losses relating to any business of yours or your own losses such as lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time.

Givey may change the format and content of the Website and its associated services from time to time. You should refresh your browser each time you visit the Website to ensure that you download the most up to date version of the Website, including the latest version of these Terms of Service.

Nothing in these Terms and Conditions excludes any statutory rights which may apply to your use of the Website and associated services which cannot be excluded, restricted or modified by contract.

Governing law

These Terms of Service and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by the law, and subject to the jurisdiction of the courts of, the country set out in the country specific terms.

Third party rights

A person who is not a party to these Terms of Service has no right to enforce any term of these Terms of Service.


Charity Terms & Conditions

1. Registering to use the service as a Charity


1.1 You must be registered as a Charity with the Charities Commission in England and Wales, the Office of the Scottish Charity Regulator or for charities in Northern Ireland the Northern Irish Charity Commission and Her Majesty’s Revenue and Customs (HMRC); or a charity without a requirement to register with one of the bodies referred to above, but treated as a charity by HMRC for tax purposes.

1.2 You agree that we must carry out necessary checks to verify the identity of you and your Charity.

2. Payments


2.1 We will pay out donations to you on a weekly basis by BACS.

2.2 Payments will be made to you in the bank account you added when you completed your registration. Any changes to bank account details will required human verification from us before paying out.

2.3 We do not offer refunds to donors, if a donor makes a payment in error any refund requests will be passed on directly to the charity.

2.4 Payments to charities are facilitated by Stripe when registering as a charity you agree that we may share information about your charity with Stripe in order to facilitate payments to you. You agree that we will create a managed account with Stripe on your behalf and that you agree with Stripe’s terms which can be found here: https://stripe.com/connect/account-terms



Business Terms & Conditions

These business terms (‘Terms’) are made between us, Givey Limited whose registered office is at Campus North and you, the business who is signing up to use our Platform. Please read these Terms carefully, if you do not wish to be bound by these Terms, please do not sign up or try to access the Platform.

1. Definitions and Interpretation

Words shall have the meanings given to them in these Terms, including without limitation as follows:

Business Day

Means a day (other than a Saturday or Sunday or public holiday) on which banks are generally open in London for non-automated normal business

Confidential Information

Means any and all confidential information (whether in oral, written or electronic form) given including technical or other information imparted in confidence or disclosed by one party to the other or otherwise obtained by one party relating to the other’s business, finance or technology, know-how, intellectual property, assets, strategy, products and customers, including without limitation information relating to manufacturing or other processes, management, financial, marketing, technical and other arrangements or operations of any Associate, person, firm, or organisation associated with that party.

Force Majeure

Means an event or sequence of events beyond a party’s reasonable control (which could not reasonably have been anticipated and avoided by a party) preventing or delaying it from performing its obligations hereunder, including without limitation war, revolution, terrorism, riot or civil commotion, or precautions against any such; strikes, lock outs or other industrial action, whether of the affected party’s own employees or others; blockage or embargo; acts of or restrictions imposed by government or public authority; explosion, fire, corrosion, flood, natural disaster, or adverse weather conditions. Force Majeure does not include, without limitation, inability to pay, mechanical difficulties, shortage or increase of price of raw materials, over-commitment or market or other circumstances which may make these terms unattractive to a party.

Intellectual Property Rights

Means any and all copyright, rights in inventions, patents, know-how, trade secrets, trademarks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, semiconductor chip topography rights, utility models, domain names and all similar rights and, in each case:

i) Whether registered or not.

ii) Including any applications to protect or register such rights.

iii) Including all renewals and extensions of such rights or applications.

iv) Whether vested, contingent or future.

v) Wherever existing.

Fee

Means the fee set out in clause 7.

Platform

Means the website located at givey.com

VAT

Means:

i) Value added tax as defined in the Value Added Tax Act 1994.

ii) Any similar tax in any other jurisdiction.

Interpretation

In these Terms, unless the context otherwise requires:

i) The singular includes the plural and vice versa.

ii) References to subclauses, clauses, (if any) are to subclauses, clauses, of these Terms.

iii) References to persons include individuals, trusts, partnerships, unincorporated bodies, government entities, companies and/or corporations (in each case whether or not having separate legal personality).

iv) 'Including’ (or similar words) means including without limitation.

v) Clause headings do not affect their interpretation.

vi) References to legislation (including any subsidiary legislation) include any modification or re-enactment thereof.

2. Duration

Our agreement under these Terms shall continue from the date upon which you create your account and shall continue until terminated in accordance with clause 17.

3. Platform

i) We agree to provide to you access to the Platform in accordance with these Terms.

ii) The Platform shall include updates, upgrades, or new versions.

4. Grant of Licence

We grant to you a licence to use the Platform subject to the following licence conditions:

i) Exclusivity: the licence is non-exclusive.

ii) Transferability: the licence is non-transferrable and cannot be sublicensed.

iii) Purpose: the Platform may only be used in connection with your own internal business purposes.

iv) Conduct: you warrant that you are not a registered Charity who pays remuneration to your Employees for fundraising.

5. Supply Obligations

i) We shall provide access to the Platform and reasonable assistance during the process of completing your profile.

ii) Unless otherwise agreed, we are not responsible for physical installation of the Platform and any updates, upgrades, new releases or new versions subsequently received (if any) on your equipment.

6. Setting up and Use of the Platform

i) When you register with us and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. The same applies if you sign up via a third party service (e.g. facebook or twitter). If you become aware of any unauthorised use of your password, we recommend that you contact us immediately.

ii) Once your account is created on the Platform you will be given access to a dashboard where you can create your own rules and set match funding caps. You accept that management of this match funding cap remains your responsibility at all times.

iii) In agreeing to these Terms you accept the following:

  • 1. You shall link a credit or debit card to your company account as set out in clause 7.
  • 2. You shall have your donations linked to your Givey profile page. If you do not require this service you must press the opt-out box on your dashboard.
  • 3. You agree to news of your donation being shared across different social media platforms.
  • 4. You will invite your employees to your profile and encourage them to utilise the Platform as a donation and fundraising tool.

iv) You shall not use the Platform contrary to any restriction stated in these Terms, or otherwise in a way that is not expressly permitted by these Terms.

7. Fees and Refunds

i) You agree to pay the quoted licence fees to use the Givey platform.

ii) Donations made in error will not be refunded, if you belive that a donation may be unauthorised then please contact [email protected] and we will investigate.

8. Taxes and Duties

All amounts due under these Terms are exclusive of VAT, sales or other tax applicable which shall be paid in addition by you at the rate and in the manner for the time being prescribed by law.

9. Account Billing Details

i) The matched donation charge shall be payable immediately via your linked credit or debit card.

ii) We use Stripe to process donations to the Causes on our platform, full terms can be found here: https://stripe.com/gb/terms

10. Limits on liability

i) You agree that your use of the Platform is on an "as is" and "as available" basis and that your use of the Platform is at your sole risk. We do not guarantee continuous uninterrupted or secure access to our Platform and operation of the infrastructure may be interfered with by numerous factors outside of our control.On that basis, except as expressly set out in these Terms, we do not provide conditions, warranties or other terms in relation to the Platform, to the extent permissible by law. We shall undertake general maintenance and upkeep of the Platform from time to time. During these periods, the Platform may not be available for use.

ii) Subject to exceptions listed above, in no event shall we be liable (whether for breach of contract, negligence or for any other reason) for any loss or damage which you may claim to have suffered by reason of your accessing and use of the Platform, including (but not limited to) loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising. The parties agree that the limitations on liability in these Terms are reasonable given their respective commercial positions and ability to purchase relevant insurance in respect of risks under these Terms.

iii) Notwithstanding the above neither party excludes or limits any liability for:
  • 1. Personal injury (including sickness and death) to the extent that such injury results from the negligence or wilful default of a party or its employees.
  • 2. Fraud or fraudulent misrepresentation.
  • 3. Any breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
  • 4. Any other liability to the extent the same cannot be excluded or limited by law.

11. Warranties

i) We warrant and represent to you that:
  • 1. We have the right, power and authority to enter into these Terms and supply the Platform.
  • 2. The Platform does not infringe the Intellectual Property Rights of any third party.

ii) The warranties and representations specified in clause 11.1 are subject to you giving notice to us as soon as you are reasonably able upon becoming aware of the breach.

iii) When notifying us of a breach we shall use our reasonable endeavours to provide you with such documented information, details and assistance as we may reasonably request.


iv) All other warranties and representations as to the Platform, whether statutory or implied, are hereby expressly excluded to the fullest extent permitted by law.

12. Intellectual Property Rights

i) Except for our licence right to use the Platform as expressly granted above, you shall not acquire in any way, any title, rights of ownership, or Intellectual Property Rights of whatever nature in the Platform or in any copies of it and no Intellectual Property Rights of either party are transferred or licensed as a result of these Terms.

ii) You acknowledge and understand that the Platform contains confidential and proprietary information and it shall not conceal, modify, remove, destroy or alter in any way any proprietary markings of ours on or in the Platform or any related materials and documentation.

13. Intellectual Property Rights Indemnity

i) We shall indemnify and keep indemnified and hold harmless you from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by Customer as a result of or in connection with any action, demand or claim that use or possession of the Platform, infringes the Intellectual Property Rights of any third party ('Givey Limited IPR '), provided that we shall have no such liability if you:
  • 1. Do not notify us in writing setting out full details of any Givey Limited IPR Claim of which it has notice as soon as is reasonably possible.
  • 2. Make any admission of liability or agree any settlement or compromise of the relevant Givey Limited IPR Claim without our prior written consent (which shall not be unreasonably withheld or delayed).
  • 3. Do not let us at our request and own expense have the conduct of or settle all negotiations and litigation arising from Givey Limited IPR Claim.
  • 4. Do not, at our request and own expense, give us all reasonable assistance in the circumstances described above.

ii) If any Givey Limited IPR Claim is made or is reasonably likely to be made against you,we shall promptly and at its own expense either:
  • 1. Procure for you the right to continue using and possessing the Platform.
  • 2. Modify or replace the infringing part of the Platform and without adversely affecting the functionality of the Platform as set out in these Terms so as to avoid the infringement or alleged infringement.

14. Mitigation

In respect of any indemnity given by either party under these Terms, the party which receives the benefit of the indemnity shall take all reasonable steps so as to reduce or mitigate the loss covered by the indemnity.

15. Entire Agreement

These Terms contains the whole agreement between the parties relating to its subject matter and supersedes any prior agreements, representations or understandings between them unless expressly incorporated by reference in these Terms. These Terms may be updated from time to time. It remains your responsibility to check these Terms each and every time you access the Platform.

16. Force Majeure

i) A party will not be liable if delayed in or prevented from performing its obligations hereunder due to Force Majeure.

ii) If, due to Force Majeure, a party is unable to perform a material obligation, or is delayed in or prevented from performing its obligations for a continuous period of more than 30 days, the other party may, terminate our agreement on notice, otherwise our agreement shall continue in full force and effect.

17. Termination

i) Either party may, without prejudice to its other rights and remedies, terminate our agreement by providing notice in writing to the other party at any time. You remain liable to pay for all match funding activities and associated Fees, up to that point and it is your responsibility to modify your dashboard to prevent further donations by deleting your matching rule, setting your match funding cap to £0 or by removing the associated credit or debit card. Your data will continue to be stored in the platform.

ii) Upon termination the licence granted under clause 4 of these Terms shall automatically terminate.

iii) You can apply to restart the use of the Platform at any time by writing to us, resetting your match funding cap, or reconnecting your credit or debit card.

18. Notices

Notices under these Terms must be in writing and sent to the other party’s registered office (or such other applicable address for service agreed by the parties from time to time in writing). Notices may be given, and will be deemed received if correctly addressed:
  • 1. By first-class post: two Business Days after posting.
  • 2. By airmail: seven Business Days after posting.
  • 3. By hand: on delivery.
  • 4. By fax: on receipt of a successful transmission report from the correct number.
  • 5. By e-mail: on receipt of a read return mail from the correct address within 24 hours from delivery if no notice of delivery failure is received.
  • 6. By completing relevant web forms on the platform.

19 Confidential Information

i) Each party shall maintain the confidentiality of the other party’s Confidential Information and shall not without the prior written consent of the other use, disclose, copy or modify the other party’s Confidential Information (or permit others to do so) other than as necessary for the performance of its rights and obligations under these Terms.

ii) Each party undertakes to:
  • 1. Disclose the other party's Confidential Information only to those of its officers, employees, agents and contractors (including Supplier personnel) to whom and to the extent to which such disclosure is necessary for the purposes contemplated under these Terms.
  • 2. To procure that such persons are made aware of and agree in writing to observe the obligations in this clause.

iii) Each party shall give notice to the other of any unauthorised misuse, disclosure, theft or loss of the other party's Confidential Information immediately upon becoming aware of the same.

iv) The provisions of this clause shall not apply to information which:
  • 1. Is or comes into the public domain through no fault of the recipient, its officers, employees, agents or contractors.
  • 2. Is lawfully received by the recipient from a third party free of any obligation of confidence at the time of its disclosure.
  • 3. Is independently developed by the recipient, without access to or use of such information.
  • 4. Is required by law, by court or governmental or regulatory order to be disclosed provided that the relevant party, where possible, notifies the other party at the earliest opportunity before making any disclosure.

v) The obligations under this clause shall survive the variation, expiry or termination of our agreement.

20. General

i) Except for the payment of the Fee and any other taxes as specifically agreed in these Terms, each party is responsible for its legal and other costs in relation to the preparation and performance of these Terms.
ii) Provisions which by their terms or intent are to survive termination of our agreement will do so.

iii) The parties are independent businesses and not partners, principal and agent, or employer and employee, or in any other relationship of trust to each other.

iv) For the purposes of the Contracts (Rights of Third Parties) Act 1999, these Terms are not intended to and does not give any person who is not a party to it any right to enforce any of its provisions. However, this does not affect any rights or remedy of such a person that exists or is available apart from that Act.

v) No party may assign, subcontract or encumber any right or obligation under these Terms, in whole or in part, without the other's prior written consent or except as expressly permitted in these Terms.

vi) If any clause in these Terms (or part thereof) is or becomes illegal, invalid or unenforceable under applicable law, but would be legal, valid and enforceable if the clause or some part of it was deleted or modified (or the duration of the relevant clause reduced), the relevant clause (or part thereof) will apply with such deletion or modification as may be required to make it legal, valid and enforceable, and the parties will promptly and in good faith seek to negotiate a replacement provision consistent with the original intent of these Terms as soon as possible.

vii) Unless otherwise expressly agreed, no delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

viii) The Fee due under these Terms shall not change except as mutually agreed by the parties.

21. Governing Law and Jurisdiction

Our agreement is governed by the law of England and Wales. All disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.