Welcome to the Giver App/Website. The owner and operator of the Giver App and the Website, Giver, provides access to and use of the Giver App and the Website subject to these Terms. Please read these Terms carefully. By accessing, downloading, installing or using the Giver App and/or the Website, You agree to be contractually bound by these Terms.
Where the context permits, references to the Website include the Giver App. However, please note that Donations may be made only by using the Giver App (not the Website).
These terms apply to Donors and Users. These Terms will commence when a User first uses the Giver App and/or the Website and shall continue to govern that User’s use of the Giver App and/or Website. These Terms also govern a Donation by a Donor and the Donor’s relationship with Us.
Upon You registering with Us, We will provide You with Login Details and a unique user account. Login Details are personal to You. You must not use Login Details for multiple concurrent logins and must ensure that Login Details are not disclosed to any other person. You must immediately notify Us if another person becomes aware of Your Login Details.
A User automatically becomes a member of the Giver Community and Organisation upon downloading the app and remains so until the Giver app is removed from all their devices.
Use of and access to the Giver App and any User’s user account shall be personal to the User only. The User must not permit any other person to use the Giver App by means of the User’s user account. The User must immediately notify Giver if another person becomes aware of the User’s Login Details.
The User must comply with all applicable laws and regulations in Australia and in the country in which the User resides or is domiciled. Giver will not be liable for any breach of any such laws and the User fully indemnifies Giver for any breach of such laws by any person.
The Website and its contents are subject to copyright and are protected by Australian and international copyright laws. The compilation (including the collection, organisation and display of all content on the Website) is the exclusive property of Us and must not be reproduced without the prior written consent of Us. All trade marks, signs, logos and get-up (“marks”) contained on the Website are owned by Us or Suppliers. The User must not use such marks without the prior written consent of the respective owner.
Any articles, comments, news items, other web sites and hyperlinks referred to on the Website are included for information purposes only. Third party sites are not under the control of Us and therefore We are not responsible for the condition or content of them. The User accesses these sites and/or use their products and services at its own risk. We make no representations as to: any affiliation with any other organization; the quality, veracity or accuracy of information contained in other web sites; or any endorsement of any other organization.
We are unable to guarantee that any file made available for download from the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software. The User assumes all risk of files downloaded and used from this site and releases Us from all responsibility and liability arising from their use.
The User may post comments, reviews, suggestions or other information on the Website’s forums or discussion threads. However, the User must not represent expressly or impliedly that such content is endorsed by Us or reflects the views of Us.
The User must not post or submit any content to the Website that is unlawful or promotes illegal activity, or is offensive or objectionable. This includes, but is not limited to, content that:
We reserve the right (but We do have any obligation) to monitor any content posted to the Website, and to remove any content that violates any clause contained in these Terms.
The User is solely responsible for any content they post to the Website, and the User represents that: the User owns or otherwise controls all of the rights to the content that he or she posts; that the content is accurate; that use of the content the User supplies or posts does not violate these Terms and will not cause injury to any person or entity. The User fully indemnifies Us for all claims resulting from content the User supplies or posts.
By posting content to the Website, the User grants, and represents that it has the right to grant, Us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
All Charities have entered into a contractual arrangement with Us, which enables Us to collect Donations on their behalf.
Invitations are an invitation to treat and not an offer to sell any goods or services. We reserve the right to accept or reject any Donation for any reason. Once You make a Donation, that Donation cannot be cancelled, rescinded or revoked.
We will send an e-mail to You to acknowledge a Donation (as long as the correct e-mail address is provided). This is not a confirmation or acceptance of a Donation.
We may accept a Donation by debiting Your bank account or credit card for the amount of the Donation.
Upon Our acceptance of a Donation, You agree to make the Donation subject to these Terms. Once We accept a Donation, We will debit Your bank account or credit card through a secure payment facility or gateway. You authorize Us to debit money from Your bank account or credit card for the purposes of such transaction.
We have been authorised by the Charities to issues receipts to you on their behalf.
Payments made by credit card may be subject to a surcharge to cover merchant fees, which fees will be notified at the time of check out.
You acknowledge that We receive a commission for conducting Invitations and Promotions, and facilitating Donations, on behalf of Charities.
Unless expressly stated otherwise, all Donations are in AUD. Subject to applicable laws, all Donations are non-refundable.
You warrant to Us that You have made all necessary enquiries and satisfied Yourself regarding the suitability and your acceptance of the Invitation.
We make no representations or warranties in relation to the appropriate use by Charities of Donations.
We make no representations or warranties as to the tax deductibility of any such donations. You should obtain independent tax advice about the deductibility of your donation, including verifying whether a particular Charity is a not-for-profit organization.
You must comply with all applicable laws and regulations of Your country. We will not be liable for any breach of any such laws.
We shall own all intellectual property rights (including present and future intellectual property rights) in the Giver App and the Website (including Invitations and Promotions) and all intellectual property created pursuant to or in contemplation of this agreement (“Our IP”).
You acknowledge and agree that:
Notwithstanding anything to the contrary in this agreement, no clause will operate to assign or provide for the assignment of any intellectual property to You or to any third person.
We grant to You a non-transferable, non-exclusive and personal licence to use the Website and the Giver App (the “Licence”). The scope of the Licence shall be as follows:
The Licence shall be subject to full compliance with this agreement. For the avoidance of doubt, the Licence shall not be deemed a sale, a sale of a copy of a program, a lease, a rental or a loan.
You must not (directly or indirectly, whether for personal gain, commercial gain or otherwise), nor attempt to:
You warrant to Us that:
You are personally responsible for all Donations made via the Giver App (including being vicariously responsible for purchases made by any other person using Your account).
You (including each User) must indemnify and save harmless Us and Our related bodies corporate and their respective officers, employees, contractors and agents (the “Indemnified Persons”) from any loss, injury, damage, liability, costs or expenses whatsoever suffered or incurred by an Indemnified Person arising from or in connection with:
All Implied Terms are expressly included in this agreement. All other terms which might otherwise be implied into this agreement, are excluded.
Subject to the Australian Consumer Law, each User agrees that Our maximum aggregate liability in relation to any claim, loss or damage, whether arising under or in relation to this agreement, any tortious act or omission (including negligence) or under common law or statute, is excluded and (if it cannot be excluded) is otherwise limited to the maximum extent permitted by law.
Subject to sub-section 267(4) of the Australian Consumer Law in relation to an Implied Term, in no event will We be liable to a User or to any other person for any indirect, special, incidental, consequential, punitive or other like loss or damage whatsoever, loss of profit or loss of data, whether or not such person was advised of the possibility of such loss or damage, in relation to this agreement.
Nothing in the Website constitutes advice of any type (including tax advice and advice in relation to charities or making donations). Information contained on the Website is provided on an “as is” basis. We is not required to provide such advice or information under these Terms and the User shall make its own enquiries as to the appropriateness and correctness of such. Subject to these Terms, We shall not be responsible for loss occasioned by the User in reliance thereof.
We do not warrant that the Giver App will be compatible with all hardware and software which You may use.
We do not warrant the truth or accuracy of any statements or representations made by any Charity. You are responsible for verifying the accuracy and truth of such statements.
We do not warrant that any Charity is accredited, licensed, recognised or credentialed by any particular association, accreditation or regulatory body in any jurisdiction.
We disclaim, to the maximum extent permitted by law, all responsibility and liability arising directly or indirectly from any use of material contained or referred to in the Giver App and the Website, including any errors, omissions or harmful components.
The level and degree of data backup and security measures that we take in relation to any single User depend upon the service provided to that User; each User must play an active role in determining and maintaining Your own data backup and security. You must ensure that appropriate data backup and security measures are taken in relation to Your data, having regard to the criticality of the data, including using appropriate firewall and encryption technologies, applying latest security patches, disabling any unnecessary ports, routine backup, having multiple backups and/or redundant backups, archiving Your data, and conducting regular security audits.
You acknowledge that no data is entirely secure and safe from a breach or failure of data backup and security. Accordingly, whilst We take reasonable steps in relation to data backup and security, We exclude all warranties and disclaim to the full extent permitted by law all liability in relation to data backup and security.
Consent to Use of Data: You agree that We may collect and use technical data and related information (including but not limited to technical information about Your device, system and application software, and peripherals) that is gathered periodically to facilitate the provision of software updates, product support, and other services to You (if any) related to the Giver App. We may use this information, as long as it is in a form that does not personally identify You, to improve Our products and services or to provide services or technologies to You.
You authorize Us to use and provide personal information to Charities and Our suppliers to the extent necessary to fulfil Our obligations under these Terms.
You consent to Us supplying Your personal information to another entity, provided it is used only for charitable donation purposes.
We may also collect Your personal information and use it for the following purposes:
You give Your consent to the types of use of information described in these Terms. You give Your consent to Us sending electronic messages (including commercial electronic messages) within the meaning of the Spam Act 2003 (Cth), to You.
Notwithstanding any provision in these Terms, all or part of the agreement governed by these Terms may immediately be terminated by Us for any reasonable reason.
We will not be responsible for any delay or failure to perform Our obligations under these Terms caused by any act beyond Our control including without limitation acts of God, wars, strikes, natural disasters, delay or default of any person.
Any provision which by its nature would survive termination or expiry of this agreement (including without limitation any exclusion or limitation of liability or indemnity in this agreement) shall survive termination or expiry of this agreement.
If any clause or part of this agreement is held to be void, illegal or unenforceable for any reason, it shall be deemed to be severed from this agreement without affecting any other clause or part of this agreement.
We may sub-contract our obligations under this agreement.
These Terms and Our policies regarding the Giver App and/or the Website are subject to change by Us from time to time. Any such change shall be uploaded to the Website. Users should re-check these Terms before making each and every Donation. A Promotion may also be subject to additional terms, as notified at the time of the Promotion.
These Terms contain the entire agreement of the parties with respect to its subject matter. They set out the only conduct relied on by the parties and supersede all earlier conduct and negotiations by the parties with respect to their subject matter.
Any right under These Terms may not be waived or varied except in writing signed by the person to be bound.
We may assign or novate any of Our rights and/or obligations under these Terms and You give Your consent to such assignment or novation.
The User warrants to Us that he or she has all necessary authority to enter into the agreement governed by these Terms.
The agreement governed by these Terms is governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
The Website may be accessed throughout Australia and internationally. We make no representations that the content of the Website complies with the laws, including intellectual property laws, taxation laws and laws relating to charities, of any country other than Australia. Users who access this site from outside Australia do so at their own risk and are responsible for complying with all applicable laws.