Terms & Conditions Version 3

Our terms of service describe what Givey does for you and the charities you are supporting, and what we kindly request of you as a user in return.


Here are the key points:

• We run and maintain a donation infrastructure that processes donations through MissionFish who reclaim Gift Aid on behalf of the charities featured on their database. For this service, and the support we provide to them, we deduct a 1.25% administration fee on the donation (not including Gift Aid.) MissionFish charge their own transaction fee of 3.75% on the remaining donation (not including the Gift Aid) for processing and delivering your donation to the charity. This means that overall when you make a donation through MissionFish using Givey, your charity receives 95.05% of your donation plus 25% Gift Aid (where applicable), giving a total of 118.05% of your donation. An example of this fee is demonstrated on our Fees page.
• Your privacy is paramount to us. We ensure that you are in control of who contacts you. Your information will not be shared with anyone without your permission. In your account preferences, you will be asked whether you are happy for your details to be shared with charities you donate to. Our Privacy Policy shows you how we protect this information and the instances in which we may share your data.

That's it. If you want the full, extended version, here it is:


Givey is a trading name of Cubate Limited, whose registered office is at 137 Portsmouth Road, Cobham, Surrey KT11 1JN (registration no. 5427465). These are the general Terms of Service which govern your use of the Givey infrastructure (the Service(s)). Please read these Terms of Service carefully. If you do not wish to be bound by these Terms of Service, you should not continue to use or access the Service. You understand and agree that you use the Service(s) at your own discretion and risk and that you will be solely responsible for any damages to your mobile phone service or computer system or loss of data that results from the download of such material or data.


These Terms of Service may change or be updated from time to time. It remains your responsibility to access and check these Terms of Service wherever you access the Service(s). The latest version of these Terms of Service will govern any future usage by you of the Service(s).


Givey expressly states that users continue to be bound by without prejudice any existing agreements and contracts with PayPal and/ or MissionFish. The User's agreement to Givey's terms and conditions in no way modifies or alters any pre-existing agreement or contracts. PayPal's User terms and conditions can be found at https://cms.paypal.com/uk/cgi-bin/?cmd=_render-content&content_ID=ua/UserAgreement_full&locale.x=en_GB and MissionFish's user agreements can be found at http://www.missionfish.org/help/policies/us_nonprofit-user-agreement.html

About the Givey Service and organisations featured

The Service allows you to donate to any of the charities and organisations listed on the MissionFish database. Every charity or organisation featured has a contractual agreement with MissionFish. Givey has an agreement with MissionFish allowing our infrastructure to act as a portal for donations through their platform. Givey actions the donations using PayPal and passes the donations to MissionFish who reclaim Gift Aid on behalf of charities under the UK government's Gift Aid scheme. When you sign up for a Givey account you are asked to link your account with a PayPal account. When you do this you grant Givey pre-approval to action donations authorised by you from your PayPal account and this is how donations are processed. When making a donation through the Service(s), you agree that various items of information can be collected and shared with the charity to whom you have chosen to donate.

Donations

If a donation is made in error or you require a refund for any other reason, you must contact PayPal and MissionFish. For full details on PayPal and MissionFish's refund policy, please see their terms and conditions at https://cms.paypal.com/uk/cgi-bin/?cmd=_render-content&content_ID=ua/UserAgreement_full&locale.x=en_GB and http://www.missionfish.org.uk/help/policies/uk_charity-user-agreement.html. These terms should be read carefully as they will apply to any donations made using the Givey Service(s) and are incorporated by reference including but not limited to and updates, amendments and additional Policies.

Use of your donation

Givey is not responsible for any dissatisfaction you may have regarding the recipient organisation's use of any donation you may make through the Service(s). Please note that the recipient organisation reserves the right to use your donation for its general purposes. Givey cannot guarantee that funds will be earmarked for a particular appeal, unless specifically stated by the recipient organisation itself.

Givey fees

Givey charges a small transaction fee on every donation made using the Service(s) to cover our administration costs. The fee is currently 1.25% of the net donation, which does not include any Gift Aid reclaimed. MissionFish also charge a 3.75% transaction processing fee on the net donation. For further details on MissionFish's fees, please see their terms and conditions at http://www.missionfish.org.uk/help/receiving-donations/uk_mf-deductions.html

Unauthorised PayPal use

When a donation is made using the Service(s) the transaction is final and not disputable unless unauthorised use of your account is proved. If you become aware of misuse of your account, you must notify PayPal in accordance with its reporting rules.

Protecting your password

When you register with Givey and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your password, we recommend that you change your password immediately or call our helpdesk on 02031890909 (local rate).

Gift Aid information

When you sign-up for a Givey account, you are asked to give certain information to allow any donations made to take advantage of the Gift Aid scheme. This allows MissionFish to reclaim GiftAid on behalf of the charity under the Gift Aid scheme. Neither Givey or MissionFish is an accounting, taxation or financial advisor, and you should not rely on information given on the Website to determine the accounting, tax or financial consequences of making a donation to charity. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.

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. Our Privacy Policy can be found at http://www.givey.co.uk/info/privacy-policy.html. Please note that as MissionFish and PayPal's terms are incorporated as part of these Terms of Service you also agree to any active Privacy Policy that governs their accounts and transactions. You should therefore ensure that you have read and understood these policies and are happy to be bound by such terms.

Charities’ use of your personal information

Where you have opted in to pass on your personal details to a charity, Givey declines all responsibility for the subsequent use of your personal information by the charity. If you wish to stop receiving further communications from a charity, please contact them directly.

User conduct

You must at all times use the Service(s) and its associated services in a responsible and legal manner. In particular, but not exclusively, you as a user must not:

• misrepresent your identity or affiliation with any other person or organisation;
• use the Service(s) to send junk email or 'spam' to people who do not wish to receive email from you;
• use the Service(s) to conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
• interfere with, or disrupt, the Service(s) or networks connected to the Service(s) and introduce any computer virus (including any variant or similar malicious code or instructions) to the Givey systems.

Givey reserves the right to cancel your account and without notice in the event of a breach of the above rules.

Links

The Service(s) may contain links to the websites of MissionFish member charities and other organisations, whether charities or otherwise. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any transactions with other organisations through their websites or otherwise are your own responsibility.

Intellectual Property

The names Givey, Givey.co.uk, the Givey logo and any other product and service names that we may present on the Website from time to time may not be used in connection with any product or service that is not Givey's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Givey. Other trademarks, service marks or logos that appear on the Service(s), in particular (but not exclusively) those of member charities, 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 Givey and the trade mark owner.


All content that is part of the Service(s) is owned by Givey, MissionFish, PayPal, our member charities, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. Use of the Service's content is not permitted without the express prior permission of Givey, and, where applicable, the copyright holder.

Changes to the service

Givey will make every effort to ensure that the Service(s) 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 Service(s).

Termination

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


Subject to exceptions listed above, in no event shall Givey 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 Service(s), 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.


Givey may change the format and content of the Service(s) from time to time. You should ensure that you are familiar with the latest version of these Terms of Service.

Warranties

Except for those waaranties expressly provided in this agreement, Givey disclaims all warranties, express, implied, statutory or otherwise, as to any matter whatsoever relating all messages, materials, content, software, documentation, technology, services, and deliverables provided by one party to the other hereunder, including but not limited to any (if any) implied warranties or conditions of merchantability, fitness for a particular purpose, of reasonable care or workmanlike effort of results, of lack of negligence, of a lack of viruses of errors, availability, timeliness, or of accuracy or completeness of responses, all with regard to messages, materials, content, software, documentation, technology, services, and deliverables provided by one party to the other party hereunder. There is no warranty of title, quiet enjoyment, quiet possession, correspondence to description, authority, or noninfringement with respect to any materials, content, software, documentation, technology, services, and deliverables provided hereunder.

Waiver

The failure or delay of Givey to exercise any of its rights under these terms or upon any breach of this agreement shall not be deemed a waiver of those rights or of the agreement.

Indemnity

The User agrees to indemnify and hold harmless Givey and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or in connection with the use of the Service(s) (collectively “Claims”), and to reimburse them on demand for any losses, costs, judgements, fees, fines and other expenses they incur (including Legal fees) as a result of any Claims.

Interpretation

If any of these terms shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of these terms will remain in full force and effect.


The headings contained in these terms are for convenience only and are not intended to have any substantive significance in their interpretation.

Governing law

These Terms of Service are governed by English law and are subject to the exclusive jurisdiction of the English courts.

Third party rights

A person who is not a party to these Terms of Service has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Service.