Terms of Service - GiverThree

Effective Date: 31 October 2015

Our Terms of Service outline what service we provide and what we request from our users in return. By using the website Giverthree.com, referred to as GiverThree, ("Website") you agree to our Terms of Service ("Terms"). Here’s is a summarised version of our Terms of Service:

The full version of our Terms and Service is below:

The full version of our Terms and Service is below:

GiverThree and its associated services

GiverThree operates https://giverThree.com (the “Website”) and its associated services. These Terms of Services govern your use of the Website and its associated services, as well as your relationship with GiverThree (company number 09991180). Please read these Terms of Services carefully. If you do not wish to be bound by these Terms of Services, you should not continue to use or access GiverThree or its associated services.

We may change or update these Terms of Service from time to time. It is your responsibility to access and check these Terms of Service wherever you access the Website. The latest version of these Terms of Service will be accessible at http://givethree.com/terms and will govern any future usage by you of the Website and its associated services.

Organisations featured on GiverThree

The organisations (“Organisations”) listed on our Website could include good causes or registered charities. Although we do our best to avoid any controversy with regards to the Organisations (and their activities) we will distribute the donations to, GiverThee does not accept responsibility for the activities of the Organisations. A charity must have the appropriate authorisation, permit to license to operate as a charity, as required by local laws of the territory in which it operates.

We make use of tipping points to categorise different rounds of donations. Tipping points will occur when goals are reached. Goals will always be displayed to our users, and possibly on our homepage as well. Tipping points can either be triggered by achieving a certain amount of donations raised during the relevant round or by the end of a pre-specified time-period. Once the specified goal is reached, hence triggering a tipping point, all the donations raised during the round leading to the achievement of that goal will be distributed to the chosen, voted for and/or selected five charities. Subsequently any donations made after that tipping point up until the next tipping point will be part of the subsequent round of donations. Users will still be able to see how many donations the round(s) prior to the tipping point have raised. As set above, our first goal is raising £5,000 for the five initially chosen charities (those on our homepage) and therefore the first tipping point will occur after £5,000, after which we will open the voting system to determine the next five registered charities for the second round of donations.

Users will be able to suggest registered charities on our Website for the next voting round. We will then carefully review the suggested charities and allow twenty Organisations, or less if applicable, to be included in the upcoming voting round. Charities to be included in any voting round may be selected at the discretion of GiverThree. Once we open the voting round, every user that has participated in one or more donation trees will be able to vote for three charities of his or her choice out of twenty. Upon closing a voting round, the five Organisations with the most votes will be the chosen Organisations for the relevant round of donations of which the donations will be evenly distributed to these five Organisations, and after which we will open a new round of donations.

We want to avoid any controversy regarding the causes and charities chosen, voted for and/or selected, regardless if done so by GiverThree or by the users through the voting system. This means we will not accept any propositions related to organisations which promote or support controversial, obscene, or offensive content (such as political, religious, or racist content).

Once a registered charity has been selected by the majority of the votes, we will contact the charity and make sure they accept donations. If that is the case, we will issue the donation to the charity. If, however, a charity does not want to, or has stopped, accepting donations, we will donate the amount to another charity, either a charity that did just not receive enough votes to make it to the five chosen charities, or we may ask for users to vote again. If GiverThree does not feel it is appropriate to pass on the donation to the charity (for example, if a charity has been de-registered by the Charity Commission or has a sanction listed against them), then GiverThree will use the funds to write a donation to another charity. If GiverThree is unable to collect votes for an alternative charity on time, it may select an appropriate alternative charity to pass the donation to at its own discretion.

Donations

As outlined below, the amount of the donations is pre-determined. At the beginning users have the option to donate £3. If after ten days one does not manage to find a minimum of three other people to donate £3, one will not receive GiverThree GOLD member benefits. However, the option will be given to donate another £3 and become a GiverThree GOLD member anyway. Once a user has found three other people (or more) to donate £3, or once a user has donated £6 in total as outlined above, that user will become a GiverThree GOLD member and enjoy GOLD member benefits such as being invited to special events and the ability to suggest a charity for the next round of donations, as well as seeing his/her personal donation tree grow significantly due to subsequent donations as a result of the initial £3 donation.

If you would like to get a refund for your £3 donation, please email us at hello@giverthree.com and we will act accordingly. However, please note you can only ask for a refund within ten days of your donation. If you do not agree to this, you should not use GiverThree.

Use of your donation(s)

GiverThree does not warrant that your donation(s) made through GiverThree or its associated services will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding the way Organisations choose to use the donation(s) distributed to them by GiverThree.

Please note that the recipient Organisations reserve the right to use the donation(s) for their general purposes. They are allowed to use the donation(s) for any purpose in accordance with their own rules. GiverThree cannot guarantee that funds will be set aside 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.

GiverThree will verify the identity of Organisations but GiverThree shall have no liability to users or donors whatsoever for any use or mis-use of donations made through GiverThree. It may be possible that we state that donations will only be used for specific purposes. Although we will do our best and strive to verify the latter, we cannot guarantee that the funds will be used for such purpose.

It is your sole responsibility, as a user or donor of GiverThree, to ensure that the Organisations stated to be supported are ones you with to support.

Our fees

GiverThree is a non-profit and we run and maintain our website. However, for supporting GiverThree and our service, we take a 5% fee off donations on top of the transaction fees (which are the fees that go to the payment provider, not us!). Our 5% fee is used to cover operational expenses in order to keep maintaining our Website and its associated services. Both fees combined approximate 11.5% of donations. Our fee is subject to change - however if that happens the new fee will not apply to past donations and we will make it clear that our fee has changed.

Unauthorised card use

When a donation is made on the Website and charged to your card, the transaction is final and non-disputable – unless unauthorised use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules. Similarly, if you experience any issues of this nature when using an online payment service provider, you should contact the service provider for assistance.

Protecting your account and password

When registering with GiverThree, unless you have used Facebook or Twitter to sign up, you will be asked to choose a password to protect your account. You are responsible for maintaining the confidentiality of your password, and for all activity that occurs on the Website under your account. You accept the risks of unauthorised access to your account data and any information you provide to GiverThree. If you become aware of any suspicious activity, or authorised use of your password, we highly recommend to change your password immediately or to contact us at hello@giverthree.com.

Information

GiverThree is not an accounting, taxation or financial advisor, and you should not rely on information given on our Website or its associated services to determine accounting, tax, or financial consequences of making a donation to a charity, a non-profit or any other similar Organisation. We recommend that you consult your own adviser(s) when it comes to any accounting, taxation or financial consequences that may affect you.

Privacy

GiverThree’s Privacy Policy is part of these Terms of Services, and can be found at giverthree.com/privacy. By agreeing to these Terms of Services you also give your consent to the way we handle your personal information, as set in our Privacy Policy.

User conduct

You must use GiverThree and its associated services in responsible and legal manner at all times, and ensure that the content you provide does not breach any intellectual property rights of third party or breach and right or duty owed to a third party. You are also responsible for the content and donation(s) you make available to the Website, including its legality, reliability, and appropriateness.

You, as a user, must not:

GiverThree reserves the right to cancel, suspend and delete your account without notice in the event of a breach of the above, or reasonably similar, rules.

Links

GiverThree and its associated services contains links to the websites of Organisations. Inclusion of such link, or any link to another website or third party website, does not imply endorsement of its content and/or opinions. Your relationship and any transactions with other organisations through their websites are your own responsibility.

GiverThree makes no claim or representation regarding, nor accepts any responsibility for third party websites accessible by hyperlink from the Website or its associated services.

Partner services

GiverThree may from time to time select partners offering relevant information and/or services that we believe will enhance our provision for visitors to our Website. We will do our best to select partners carefully, however we are not responsible for any aspect of the information and/or services offered by them, and if you choose to use their services you do so at your own risk.

Trademark and Copyright

The names GiverThree and Giverthree.com as well as GiverThree’s logo, and any other product and service names that we may present on our Website or its associated services from time to time, may not be used in connection with any product or service that is not related to GiverThree, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit GiverThree. Other trademarks, service marks or logos that appear on the Website or its associated services, in particular (but not exclusively) those of causes, registered charities or any other Organisations, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both GiverThree and the trade mark owner.

All content on the Website and its associated services is owned by GiverThree, registered charities, Organisations, 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, trademark or other proprietary notice; and that your usage complies with any requests you may receive from any person or entity with rights in that content. No other use of the Website’s and its associated services’ content is permitted without the express prior permission of GiverThree, and where applicable, the copyright holder. Please send any inquiries and permission requests to hello@giverthree.com.

Changes to the service

GiverThree 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, GiverThree 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 its associated services.

Termination

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

Disclaimer and Limitation of Liability

GiverThree excludes all liability or responsibility for any loss or damage that may result to you or any third party (including, but not limited to, any direct, indirect, or consequential loss or damage whether in tort, contract or otherwise), in connection with any content displayed on GiverThree.com or the use, or inability to use, GiverThree.com or any website(s) linked to GiverThree.com. GiverThree does not exclude or limit its liability for death or personal injury resulting from its negligence, fraud or any other liability that may not be excluded or limited.

You agree that your use of GiverThree 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. GiverThree does not guarantee continuous uninterrupted or secure access to our services, and operation of the Website and its 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, GiverThree excludes and does not provide other conditions, guarantees, warranties or terms in relation to the Website and/or its associated services, to the extent permissible by law. GiverThree shall undertake general maintenance and upkeep of the Website from time to time. During these periods, the Website and its associated services may not be available for use; and in exceptional circumstances, the Website and its associated services may also become unavailable at other times.

In no event will GiverThree be liable to you or any third party for any special, indirect, incidental, exemplary or consequential damages of any kind arising out of or in connection with the Website or its associated services and/or content included on or otherwise made available to you through the Website, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages or are aware of the possibility of such damages. GiverThree’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 GiverThree’s liability arose. This section will be given full effect even if any remedy specified in this agreement is deemed to have failed of its essential purpose.

Any liability GiverThree may have 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 of other staff time.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Website or the use of the Website by any person using your account, including any claim that your use of the Website violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms of Service.

GiverThree may change the format and content of the Website and its associated services from time to time. We recommend that you 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 of Service excludes any statutory rights which may apply to your use of the Website and its associated services which cannot be excluded, restricted or modified by the 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 laws of England and are subject to the jurisdiction of the courts of London, United Kingdom. All disputes shall be submitted to the exclusive jurisdiction of the courts of London, United Kingdom.

Third party rights

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

Agreement

These Terms of Service constitute the entire agreement between you and GiverThree (company number 09991180) regarding your use of the Website, superseding any prior agreements between you and GiverThree (company number 09991180) relating to your use of the Website.

Contact Us

If you have any questions regarding these Terms of Service, or have questions about our practices, please contact us via email at hello@giverthree.com.