25 February 2020
1.1 Welcome to Gived. This document tells you the terms on which you may use our website https://gived.org, whether as a registered user or guest. Please read carefully before use. These terms govern your use of our website, the content, functionality, and services on our website, which we refer to collectively as the “Website.” By using the site, you accept the terms and agree to obey them. If you don’t accept them, please don’t use the site.
2. Who we are
2.1 Gived.org is operated by Gived Ltd., a UK Limited company registered in England under company number 12480130.
Some important details about us:
Our registered office is at: 5 Lancaster Ride, Penn, HP108DU
Our trading office is at: [Trading Address]
Our VAT number is: [VAT Number]
Our regulator is: [Regulator's Name and Address]
3. Who You Are
You can use our Website as a Creator to raise money for your projects or you can use our Website as a Supporter and contribute to projects you are interested in supporting. Either way, you need to be an adult to use Gived Ltd. site, products, and services.
3.1 You must be an adult aged 18 years or older to use our Website.
3.2 You are a “Creator” if you use Gived Ltd. site, products, and services to raise money.
3.3 You are a “Supporter” if you have contributed money to any Creator campaigns.
3.4 You can be a Creator and a Supporter at the same time as the roles are not mutually exclusive.
3.5 Our Website is a platform that allows Supporters to contribute money to Creators.
These terms are applicable to you as a Creator. You are responsible for the content you create and acknowledge that our role is to enable you to raise money. In the transference of money, some fees are accrued (e.g. transfer fees and operational fees) and are deducted from the total amount Supporters contribute to Creators.
4.1 The following terms are applicable to all Creators who use Gived Ltd. site, products, and services to raise money.
4.2 To use our Website you are required to provide us payment information verification.
4.3 In using our site, products, and services, you authorise Gived Ltd. to retain a set percentage of the amount paid to you by supporters as a fee.
4.4 In addition to the above fee, you agree to any additional fees might be necessary to complete each transaction including: normal transaction fees, foreign transaction fees, etc. These are required for us to transfer money to you.
4.5 For the purpose of collection payments and sending money to you, you agree to appoint us as your agent and grant us to receive payments from your supporters on your behalf.
4.6 Money earned through the use of Gived Ltd products may be taxable. You acknowledge and agree that you are responsible for all taxes on payments from supporters made via Gived.
4.7 Some Creators offer rewards to Supporters. You bear sole responsibility for providing said content and awards. Gived Ltd. is in no way responsible for providing any content or rewards to your supporters.
4.8 In the event that Gived Ltd. receives a complaint that rewards or content offered in exchange for support have not been received or are inadequate, these complaints will be redirected to you, the Creator, to come to a resolution.
4.9 If Gived Ltd. receives multiple complaints regarding unfulfilled or unmet promises of content and rewards, this may be grounds for us to suspend or terminate your account.
4.11 You agree to defend, indemnify, and hold us harmless from third-party claims relating to your use of our Website.
These terms are applicable to you as a Supporter. You acknowledge that it is your choice to view Creator content. If you do not wish to see Creator content, it is up to you to curate your web viewing experience and not visit their website.You acknowledge that our role is to enable you to support projects. In the transference of money, some fees are accrued (e.g. transfer fees and operational fees) and are deducted from the total amount Supporters contribute to Creators.
5.1 The following terms are applicable to all Supporters who contribute money to Creator campaigns.
5.2 To use our Website you are required to provide us payment information verification.
5.3 As a supporter, you agree to pay Creators the agreed amount and agreed frequency (minus operational and transaction fees that will be deducted by Gived Ltd.).
5.4 Payments will be taken monthly and are not tax deductible unless specified.
5.5 Content and rewards provided by the Creators directly correlates with your continued support. If you choose to stop supporting a creator, you may lose access to content and rewards offered to Supporters.
5.6 Gived Ltd bears no obligation to refund transactions. Gived Ltd. will not refund payments Supporters have made to Creators via the Website.
5.7 Each Creator is responsible for their own content. We do not monitor, approve, or moderate content on Creator sites. It is a Supporters choice to go to Creators’ sites and view their content or not view their content.
5. Your Account
5.1 Your account belongs to you alone and you are responsible for all activities that take place under your account.
5.2 You agree to provide full accurate, current, and complete information when you register for an account and you agree to update this information when necessary.
5.3 You may not assign, transfer, or sublicense your rights to use the Website. All terms inherent in the use of Gived Ltd. website, products, and services are applicable to you and, if applicable, your company.
6. Feedback and Ideas
6.1 Any feedback, suggestions, comments, or questions submitted to Gived Ltd. are property of Gived Ltd. You hereby agree that Gived Ltd. may use any feedback, suggestions, comments, or questions as we see fit. You waive your right to any ideas submitted to Gived Ltd.
6.2 If you consider your ideas to be proprietary, do agree that you will not submit them to Gived Ltd.
7. Use of the site
We are happy for you to use our site and products and ask that you provide us with correct and complete information, treat your login details with confidentiality, and use our site and our products and services in a lawful way.
7.1 You have permission for temporary use of the site, services, and products but we can withdraw or change our service at any time without telling you and without being legally responsible to you.
7.2 You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
7.3 You agree to follow our acceptable use policy .
7.4 If you allow anyone else to use our site, you must make sure that they read these terms first, and that they follow them.
7.5 Only use the site as allowed by law and these terms. If you don't, we may suspend your usage, or stop it completely.
7.6 We frequently update the site and make changes to it, but we don't have to do this, and material on the site may be out-of-date. No material on the site is intended to contain advice, 7.7 and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone.
7.9 By using the site, you agree to us handling this information and confirm that data you provide is accurate.
7.10 If you order goods or services from us through the site, your order will take place under our Terms and Conditions of Supply, which you can read at [Insert Link].
7.11 We may change these terms from time to time. We will notify you of substantive changes to these terms by posting an update on our Website or through the contact information you have provided to us. You can review the most current version of these terms here. The current terms apply to your use of the Website. You agree to any such updated terms by continuing to use our Website.
7.12 We update our Website periodically and might need to add or remove features. Gived Ltd. is not liable if our Website is unavailable due to updates.
7.13 We provide our Website on an “as is” basis. Our Website is also provided on an “as available” basis. Gived Ltd. makes no warranties regarding security, quality, or availability.
8. Intellectual property rights
We have worked hard to create a great site with beautiful images, unique products, and engaging content. We ask that you respect our intellectual property rights and do not unlawfully use, duplicate, or modify anything that belongs to us.
8.1 We are the owner or licensee of all intellectual property rights in the site (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.
8.2 You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.
8.3 If you breach these terms, you lose your right to use our site, and must destroy or return any copies you have made.
9. Our legal responsibility to you
The original content on the Gived.org website comes from the point of view of Gived.org content creators or guest creators. We endeavour to bring you quality content that is thought-provoking and useful, but you should always take advice with a grain of salt, and our site is no exception. We are not responsible for any actions you take based on content from our website. Additionally, while we do our best to ensure that our products are being used responsibly and legally, we are not responsible for any actions you take in regards to websites where Gived Ltd. products are used.
9.1 We do not guarantee the accuracy of material on our site or on sites using our services and products. As far as legally possible, we exclude legal responsibility for the following:
Any loss to you arising from use of our site or another site that is using our services and products.
Loss of income, profit, business, data, contracts, goodwill or savings.
We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
We don't exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
10. Uploading to Our Site
If you upload any content to our site, you are legally responsible for it. This means it must be lawful, accurate, and it must be aligned with our acceptable use policy.
10.1 If you contact other users of our site or upload material to it, you must follow our acceptable use policy, which sets out standards for usage. You can read this policy here . You agree to reimburse us for any costs or expenses we incur as a result of any breach of this term.
10.2 Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.
10.3 We won't be legally responsible to anybody for the accuracy of material that you upload to the site, and we can remove it at any time if we think it doesn't follow our acceptable use policy.
11. Uploading to Your Site
If you upload any content to your site, you are legally responsible for it. This means it must be lawful, accurate, and it must be aligned with our acceptable use policy.
11.1 If you upload material to your site when using Gived Ltd. products, you must follow our acceptable use policy, which sets out standards for usage. You can read this policy here . You agree to reimburse us for any costs or expenses we incur as a result of any breach of this term.
11.2 We won't be legally responsible to anybody for the accuracy of material that you upload to your site, and we can remove Gived Ltd. products from your site at any time if we think it doesn't follow our acceptable use policy.
12. Computer Offences
Harming a computer or attacking our site is not cool. Don’t do it. Any violation of this policy will be considered a criminal offense.
12.1 If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the Gived.org site as well as Gived Ltd. products and services will end straight away. We will report you to the relevant authorities and give them your identity.
12.2 Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.
12.3 You mustn't try to get access to our site or server or any connected database or make any 'attack' on the site. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via our site.
13. Links to Our Site
You can link to our website so long as the content on your site follows our acceptable use policy - but please don’t imply that we endorse your content unless we have agreed this in writing.
13.1 You are allowed to make a legal link to our website's homepage from your website if the content on your site meets the standards of our acceptable use policy . We can end this permission at any time.
13.2 You mustn't suggest any endorsement by us or association with us unless we agree in writing.
14. Links from Our Site
We do not control linked websites and therefore accept no responsibility for content or material on them or for any loss resulting from their use.
14.1 Links from our Site Platform to other websites are for information only. We don’t control them and don’t accept responsibility for other websites or any materials found upon them or any loss you suffer from using them.
15.1 We change these terms from time to time and you must check them for changes because they are binding on you.
That lovely purple dot design is Gived Ltd.’s trademark - it is pretty awesome. But also, it is for our exclusive use.
16.1 [Trademark] is our [UK Registered] trademark.
17. Applicable Law
If you have any questions, concerns, or complaints, you may contact Joe Reeve, the Representative at Gived, at [email protected] and we will investigate your complaint. If a dispute should arise, we will do our best to resolve this amicably and in good faith.
17.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.
17.2 If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
17.3 If the Parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.
17.4 Within 14 days of the appointment of the mediator (either by mutual agreement of the Parties or by LawBite in accordance with their mediation procedure), the Parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.
17.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.
17.6 If the Parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both Parties, shall be final and binding on them.
17.7 If the Parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the Parties) of the mediator being appointed, or if either Party withdraws from the mediation procedure, then either Party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme.
17.8 Any dispute shall not affect the Parties’ ongoing obligations under the Agreement.
17.9 The English courts have the only right to hear claims related to our site, and all disputes are governed by English law.
18. Anything Else
Effective date (DD/MM/YYYY): 25/02/2020