Last updated: October 2023
Our terms of service describe what GivenGain does for you and the charities and other causes you support, and what we require of you as a user.
“Cause” and “cause” refers to charities and other causes you support through use of our service.
“GivenGain” or “us” or “we” refer to the owner of the website, GivenGain. “Website” refers to https://www.givengain.com.
“You” and “your” refers to each user or viewer of the Website, including donors, charities, and fundraisers.
These terms of service apply in each country where we operate. Country-specific terms also apply to use of the service to support a Cause registered in the United Kingdom, the United States, and the Republic of Ireland and other countries in the Eurozone.
Summary
Online Giving — We operate a website that processes donations on behalf of the Causes featured on it. Please see https://www.givengain.com/en/pricing for details about our fees.
Data Privacy — Your privacy is paramount to us. Our Privacy Policy shows you how we protect it.
User Conduct — If you create a GivenGain page or use any of our services, please remember GivenGain is for everyone. If we find offensive, defamatory, libelous, threatening, harassing, or obscene content on the Website, we will remove it and terminate your access. Please ensure the content you upload to the site, especially pictures and videos, does not infringe another person’s copyright.
Terms of Use
These terms of use (and the relevant country-specific terms) (collectively, the “Terms”) govern your use of the Website and its associated services. Please read these Terms carefully. Your use of the Website and/or and its associated services constitutes your assent to these Terms.
We may update these Terms from time to time. It is your responsibility to review these Terms wherever you access the Website. The latest version of these Terms will govern any future usage by you of the Website and its associated services. The date on which these Terms were last updated is stated at the end of this document.
About the Causes featured on the Website:
The Website and its associated services allow you to donate to and raise funds for any Cause listed on the Website. Every Cause featured has an agreement with GivenGain authorising GivenGain to collect donations on its behalf. Causes are listed on this Website at GivenGain’s discretion; however, we are not responsible for the activities of any Cause. A charity must have the appropriate authorisation, permit, or license to operate as a charity, as required by the local laws of the territory in which it operates.
Donations
Subject to the requirements of applicable local laws, once your donation is made, it will only be refunded to you with the prior written consent of the Cause to whom it has been directed. In the event all funds have been paid out and there are no funds
available for refund, GivenGain reserves the right to invoice or direct debit the Cause for the amount of the refund, and the Cause must agree to settle that invoice within one (1) month of the date of the invoice.
Use of your donation
GivenGain does not represent or warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding a 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 a Cause. After donations are made, all further dealings are solely between you and the Cause to which you donated.
Please note that recipient organisations reserve the right to use your donation for their general purposes in accordance with their practices and rules. GivenGain shall not be responsible for ensuring that funds are earmarked for a particular appeal. If you want a donation to be used for a specific purpose or for a particular appeal, contact the organisation and make your donation directly to them.
GivenGain fees
For information about our fees please see:
https://www.givengain.com/en/pricing
Unauthorised donations
When you make a donation, the transaction is final and not disputable unless unauthorised use of your payment card or other payment method 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 another payment method, such as PayPal, you should contact the provider of that payment method for assistance.
GivenGain will never email or phone you and ask you to provide all of your payment details.
Protecting your account
When you register with GivenGain and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password to prevent others gaining access to your personal information. This includes any taxpayer details you may have saved under your profile in order to claim tax or tax deductions in accordance with applicable laws and regulations. Claiming tax or tax deductions using someone else’s taxpayer information is against the law. If you become aware of any unauthorised use of your account, we recommend that you change your password immediately and contact our Support team.
Information
GivenGain 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 any consequences of making a donation to a Cause.
Privacy
GivenGain’s Privacy Policy forms part of these Terms. By agreeing to these Terms, you also give your consent to the way we handle your personal information under that Policy. Read our Privacy Policy.
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.
You must not upload offensive, obscene, racist, defamatory, misleading, or deceptive content, including photographs, onto the Website or its associated services. GivenGain 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, defamatory, misleading, deceptive, or otherwise inappropriate. If you notice any such content, please email us at support@givengain.com .
If you build a fundraising page on GivenGain, 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 (“Content”), including pictures, photographs, and any videos, is your original work and/or you have the right and/or license necessary to upload it and it is not copyright-protected. If it is copyright-protected, you must obtain the copyright owner’s written consent to use it. GivenGain reserves the right to remove any pictures, photographs, videos, or copy from personal fundraising 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 email us at support@givengain.com. Please note that by submitting and posting Content to the Website, you grant to GivenGain a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, modify, reproduce, publish, broadcast, display, and distribute the Content in any format, using any medium, for the purpose of promoting GivenGain or a Cause, or for any other purpose that we deem appropriate.
You must not misrepresent your identity or affiliation with any other person or organisation.
You must not use the Website to send junk email or “spam” to people who do not wish to receive email from you.
You must not use the Website to conduct, display, or forward surveys, pyramid schemes or chain letters.
You must not 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 GivenGain systems.
You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile, or disassemble any portion of the site or any other website.
You must not attempt to bypass the network firewall.
You must not use any party of the site which you are not authorised to use or devise ways to circumvent security in order to access part of the site which you are not authorised to access (includes scanning networks with intent to breach and/or evaluate security, whether or not the intrusion results in access).
You must not use or attempt to use the site for any unlawful, criminal, or negligent purposes (includes password cracking, social engineering, denial-of-service attacks, harmful and malicious destruction of data, and intentional invasion of privacy).
You must not disclose any information relating to any donor except with the consent of the donor or as permitted by applicable local laws. GivenGain reserves the right to cancel your access and delete any GivenGain page without notice in the event you fail to follow any of the above rules. GivenGain may also suspend or delete a GivenGain page if the relevant Cause is no longer receiving donations via GivenGain or is no longer active.
Building a GivenGain page in aid of a Cause in no way implies GivenGain’s or the Cause’s endorsement of your fundraising activity. Prior to commencing a fundraising activity, it is your responsibility to ensure that the benefiting Cause has no objection to the nature of the proposed activity. GivenGain reserves the right, at its absolute discretion and without notice, to cancel your personal fundraising page at the request of the Cause if the Cause, in its absolute discretion, deems your fundraising activity inappropriate or unnecessarily dangerous.
Links
The Website and its associated services contain links to other websites, including the websites of Causes. Inclusion of a link to another website does not imply
endorsement of its content or opinions. Your relationship and any direct transactions with other people or organisations are your own responsibility.
Partner Services
GivenGain may from time to time select partners offering relevant information and services that we believe will enhance the Website. Whilst we will do our best to select reputable partners of, we are not responsible for any of the information or services offered by them, and if you choose to use their services, you do so at your own risk.
Trademarks
The names GivenGain, GivenGain Foundation, GivenGain Foundation UK, GivenGain Foundation US, and givengain.com, the GivenGain logo, and any other product and service names that we may present on the Website or its associated services from time to time may not be used in connection with any product or service that is not GivenGain’s, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit GivenGain. Other trademarks, service marks, or logos that appear on the Website or its associated services, in particular (but not exclusively) those of member charities, or 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 GivenGain and the trademark owner.
Copyright
All content on the Website and its associated services is owned by GivenGain, our member charities, 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 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 GivenGain, and, where applicable, the copyright holder.
Prohibition on data extraction and distribution
By visiting or using the Website or any of its associated services, you agree not to (and not to use any tool, program, script, browser extension, or other technique, including bots, robots, spiders, and scrapers and any similar tools or methods, in order to): (i) copy (except as authorised by these Terms), mirror, frame, index, scrape, mine, or otherwise gather or extract any of the content or data from the Website or its associated services; or (ii) sell or distribute any data which is gathered or extracted in breach of these Terms or which is based on or derived from any such data. GivenGain may take any measures it sees fit to block access to the Website and its associated services where it believes that these Terms have been or will be breached. You agree that you will not take any steps to try to circumvent these measures and that you will not take any steps to mask your IP address. You acknowledge and agree that where there is any actual or threatened breach of these Terms, damages may be an inadequate remedy and GivenGain shall be entitled, without prejudice to any other rights and remedies it may have, to seek an injunction or any other equitable relief for such breach. GivenGain may also request that you destroy any data you have gathered or extracted in breach of these Terms and you agree that you will comply with such request promptly and certify the same.
Inquiries and permission requests may be sent to support@givengain.com.
Changes to the service
GivenGain reserves the right to modify, suspend, or discontinue all or any part of the Website and its associated services at any time with or without notice. All new features, services, or software applications shall be subject to these Terms.
Failure to comply with these Terms
In the event that you fail to comply with these Terms, GivenGain 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 will continue to apply to your past use.
Disclaimer and Limitation of Liability
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. GivenGain does not warrant or 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 and except for the rights, guarantees, and remedies which cannot be excluded, GivenGain does not provide other conditions, guarantees, warranties, or terms in relation to the Website or its associated services, to the extent permissible by law. GivenGain 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. In exceptional circumstances, the Website and associated services may also become unavailable at other times.
If found liable, GivenGain shall only be liable under these Terms for direct losses which are reasonably foreseeable and caused by GivenGain’s uncured material breach of these Terms or GivenGain’s negligence. GivenGain’s total liability to you arising under or in connection with these Terms, 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 GivenGain’s liability arose.
In no event shall GivenGain be liable for losses relating to any business of yours or 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, even if GivenGain has been advised of the possibility of such damages. YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.
Nothing in these Terms 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.
Third party rights
A person who is not a party to these Terms has no right to enforce any term of these Terms.
TERMS FOR USERS SUPPORTING CAUSES REGISTERED IN THE UNITED KINGDOM
These additional terms apply and will prevail where you access the Website or associated services to make a donation to or raise funds for a Cause registered in the United Kingdom.
The local GivenGain entity who provides the service to you is GivenGain UK Foundation (charity no. 1204486), whose registered office is at Bank House, 81 St Jude’s Rd, Englefield Green, Egham, Surrey, TW20 0DF.
UK Tax Payers only: Gift Aid and tax
When you (i) donate to a charity and certain Community Amateur Sports Clubs (“CASCs”) on the Website or its associated services, (ii) confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme as they apply from time to time and (iii) elect to have GivenGain reclaim Gift Aid on behalf of the charity or CASC under the UK government’s Gift Aid scheme, GivenGain will reclaim Gift Aid.
In consideration of using the Website and associated services, we do accept a voluntary gratuity from the donor. All Donations are also subject to third party payment processing fees.
Governing law; Dispute resolution
These Terms 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 English law.
The parties agree to submit all unresolved disputes between them to arbitration administered by the International Centre for Dispute Resolution (“ICDR”) and governed by the ICDR Arbitration Rules (“ICDR Rules”) then in effect, except that either party may seek injunctive relief for infringement of intellectual property rights or other proprietary rights in court. For all arbitrated matters, one (1) arbitrator will be appointed under the ICDR Rules, and the locale of arbitration will be London, England, unless the parties mutually agree to another locale before the appointment of the arbitrator.
TERMS FOR USERS SUPPORTING CAUSES REGISTERED IN THE UNITED STATES
These additional terms apply and will prevail where you access the Website or associated services to make a donation to or raise funds for a Cause in the United States.
The local GivenGain entity who provides the service to you in the United States is GivenGain Foundation USA (EIN: 86-3651579).
Generally, a U.S. individual may not claim a personal U.S. income tax deduction for any charitable donation to a non-U.S. organization.
Intellectual Property Complaints
GivenGain respects the intellectual property rights of others and requires those that visit the Website do the same. If you believe that your work has been used on the Platform in any manner that constitutes infringement, please notify us at support@givengain.com . The notice should include the following information:
An electronic or physical signature of a person authorised to act on behalf of the owner of the copyright allegedly infringed;
A description of the work you claim has been infringed, including a copy of the work or the web page address where the work may be found;
Identification of the location on the Website of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorised by the owner, the agent of the owner or the law; and
A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the owner of the material allegedly infringed or authorised to act on the owner’s behalf.
No Class Action
You and GivenGain agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that neither you nor GivenGain will
seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or GivenGain acts or proposes to act in a representative capacity. You and GivenGain further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of you, GivenGain, and all parties to any such proceeding.
These Terms and any dispute arising out of or in connection with your use of the Website or the associated services are governed by, and shall be construed in accordance with, the laws of the State of New York, without giving effect to its conflicts of laws provisions.
Users under 18
It is a condition of use of the Website that fundraising may only be conducted by users over the age of 18. If you have any concerns whatsoever about a child’s use of our services, please notify us immediately by emailing us at support@givengain.com.
TERMS FOR USERS SUPPORTING CAUSES REGISTERED IN THE REPUBLIC OF IRELAND AND OTHER COUNTRIES IN THE EUROZONE
These additional terms apply and will prevail where you access the Website or associated services to make a donation to or raise funds for a Cause in the Republic of Ireland and other countries in the Eurozone.
The local GivenGain entity and the company who provides the service to you in the Republic of Ireland and other countries in the Eurozone is GivenGain Foundation (foundation no. CHE-114.835.299) whose registered office is at Avenue Centrale 122, 1884 Villars-sur-Ollon, Vaud, Switzerland.
VAT
GivenGain does not charge VAT on its services to users or Causes in the Republic of Ireland or other countries in the Eurozone.
Governing law
These Terms and any dispute arising out of or in connection with your use of the Website or the associated services are governed by the laws of the Republic of Ireland, and the courts of the Republic of Ireland have exclusive jurisdiction.
