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Terms of use

Please note that terms and conditions can differ between GiveGet and our partners. For complete and updated terms and conditions, please refer to GiveGet and respective partners.

These Terms and Conditions (Terms) apply to your use of the the Giveget (Giveget, we, us, our) Website, which can be found at http://www.giveget.co (Website).

By using the Website, you agree to be bound by these Terms, and if you do not agree to these Terms, then you must not use the Website.

We may amend these Terms from time to time, without providing notice to you, by posting an updated version of the Terms on the Website.  You should regularly check these Terms for any amendments.  If these Terms are amended, you must comply with the updated Terms.  If you do not agree to the updated Terms, you must immediately cease using the Website.

Capitalised terms used in these Terms are defined in the ‘Interpretation’ section at the end of the Terms.

Licence

All copyright and other intellectual property rights in the Website (including all trade marks appearing on the Website) are owned by us and/or our licensors.  

If you are a registered member with validly issued (or validly registered) login details and password which may be used to access the Website, we grant you a revocable, non-transferable, non-exclusive licence to use the Website on your Device for your own purposes, including for the making of Donations, and to download and print out a copy of the information available from the Website for your own personal use.

You must not (and must not attempt to): 

(a) except as permitted by the licence set out above, use or copy any part of the Website without our prior written consent; 

(b) distribute, translate, modify or tamper with, any part of the Website;

(c) create derivative works of or from any part of the Website;

(d) sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms; or

(e) permit or assist any person to engage in any act described in paragraphs (a) to (d) above.

Use of the Website

You must provide your own internet access and Device in order to use the Website.  You are responsible for all internet access, data download and other network charges arising from your use of the Website and you acknowledge and agree that we have no responsibility or liability for those charges.  

You are responsible for the operation and maintenance of your Device and for ensuring that the Website is accessible from your Device, this includes but is not limited to a responsibility to ensure the installation of a compatible operating system for the operation and use of the Website on your Device.

You may use login details and a password to access all features of the Website, including the ability to make a Donation and receive rewards.  You must obtain (or register) those login details and password as required by

us and use them in the manner we direct from time to time in order to access the Website. We may decline to provide you login details or a password or to permit you to register login details or a password for the Website in our sole discretion.

You must keep your login details and password for the Website confidential, and not disclose them to any person, or authorise or permit any other person to use the Website using your login details or password.  If you breach your obligations under this paragraph and another person uses your login details or password for the Website, you are responsible and liable for the use that person makes of the Website with your login details or password, as if that use of the Website was by you.

You must promptly must notify us by email to howdy@giveget.co if: 

(a) there is any change to any of the contact or other details you register with us; or

(b) you have reason to believe that another person is aware of your password for the Website.

We are under no obligation to monitor any transmissions made or content submitted or (where applicable) published using the Website.  However, we have the right to monitor, edit, disclose, delete and (where applicable) refuse to transmit or post any such transmissions and content.

Merchant use

Merchants who use the website should read these Terms in conjunction with any relevant Services Agreement (Merchant) that it has entered into. 

Any individual using the Website on behalf of a Merchant must comply with these Terms as if it were an individual.

Charity use

Charities who use the website should read these Terms in conjunction with any relevant Services Agreement (Charities) that it has entered into. 

Any individual using the Website on behalf of a Charity must comply with these Terms as if it were an individual.

Donations

Donations made via any payment software or links available on the Website must be made using an approved payment method.

Any Donations that are made via any software or links available on the Website are done so independently of our services. We do not process payments. However, we use Payrix Software as a gateway service provider (GSP) to process payments made by credit or debit card. We do not store credit data on our systems, our GSP handles and stores that information.

We are not responsible for the acts or omissions of the GSP, Paypal, credit card companies or any payment method provider, and we exclude any liability for all services provided by those parties and for any loss suffered in connection with their services.

Performance of the Website

We will use reasonable endeavours to generally make the Website available during our normal business hours. 

However, the availability of the Website depends on various third party suppliers of both you and us, and accordingly, we does not warrant or guarantee that: 

(a) you will be able to use the Website at any time; or 

(b) your use of the Website will be continuous, uninterrupted, secure or error-free. 

You acknowledge and agree that the Website may not be available for use from time to time, and that you may be disconnected from your use of the Website at any time for any reason, including if: 

(a) any network connection difficulties occur; 

(b) the systems providing those services are unavailable for any reason (including so that maintenance can be performed);

(c) you breach any of these Terms; or

(d) we decide to terminate your access to those services for any reason.

We make no guarantee as to the reliability or performance of the Website.  The performance of the Website depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the Website and the systems that support it.

The information, promotions and offers available through the Website are subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy.  Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the Website is or will be current, complete or accurate at all times.  You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the Website is current, complete and accurate before using it.  

Your obligations

You must not use (or attempt to use) the Website:

(a) for any unlawful or dishonest activity, or any activity prohibited by these Terms;

(b) to access, transmit, publish or communicate material which: 

(i) is false, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful; 

(ii) is xenophobic, racist, abusive, harassing or hateful; 

(iii) is invasive of a person’s privacy or constitutes personal abuse directed at other users; 

(iv) constitutes spam, commercial advertising, the promotion of gambling or the promotion of your own site, business or organisation; 

(v) contains a virus or other harmful code;

(vi) infringes a person’s copyright or other rights (including any other intellectual property rights); or 

(vii) contains links to other sites that contain or promote the material identified in paragraphs (i) to (v) above;

(c) to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;

(d) to transmit, publish or communicate bulk and/or unsolicited messages; 

(e) in any way that may bring negative exposure or harm to us, our suppliers or other users of the Website; or

(f) in any way that may cause us, our suppliers or other users of the Website to incur liability to a third party.

We may ask you to cease any conduct which we believe is contrary to your obligations under these Terms, and you must immediately comply with any such request.  We may immediately terminate and block your access to the Website or the services provided by the Website for any reason, at our discretion.

Giveget hosts many charities on its Website, and it is the user’s obligation to ensure that the Chairity which you donate to through the Website is the Charity you intend to donate to, and Giveget does not, in accordance with the Refunds / Disputes clause below, provide any refunds or repayments for Donations made to Charities.

Security

To use the Website and its features as intended, you must:

(a) enable the Website to use cookies; and 

(b) grant it any other permissions and access to your Device that it requires from time to time.

If you do not grant these permissions and this access, you may be unable to use the Website or some of its features.

The Website uses the internet to provide services and information.  By using the Website, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.

We do not warrant or guarantee the security of the Website.  You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.

Refunds / Disputes

You acknowledge that we provide services enabling the processing of Donations to various Charities, and the provision of Rewards by Merchants as a benefit following the Donation.

You acknowledge and agree that Giveget is not able to provide any refund or other repayment of funds processed through the Website (through use of the GSP) nor any transactions entered into through a Merchant’s website that is linked to the Website, except where we have made or deducted a payment in error.

You agree that once a Donation is made, the transaction is final and not subject to dispute. 

You agree that once a transaction is entered into on a Merchant’s website, and any Rewards are claimed through Giveget (via a GSP), that transaction is final, and any dispute must be resolved with the Merchant directly.

Liability

You acknowledge and agree that your access to, and use of, the Website and any payments made via software provided via the Website, or links accessible on the Website, is done at your own risk. 

To the maximum extent permitted by law, we exclude all responsibility and liability for Loss arising from or in connection with your use of the Website and any Donations or purchases made via use of the Website (including via accessing a Merchant’s website via the Website), whether arising in contract, tort (including negligence) or otherwise suffered or incurred by any person in any way, including, without limitation: 

(a) the availability, continuity, reliability, accuracy, currency or security of the Website or any third party services (including gateway payment services) used by Website users;

(b) in connection with errors, omissions or inaccuracies contained in any information published on the Website, on any third-party website or supplied by us to you via email or otherwise;

(c) as a result of any act committed by another person in connection with your (or another user’s) use of the Website, payment gateway and any associated third-party website.

Nothing in this limitation of liability will exclude or limit any warranty or obligation implied by law that it would be unlawful to exclude or limit, and to the extent liability cannot be excluded any liability incurred by use is limited as provided under the Australian Consumer Law.

Privacy

We may collect, use and store your personal information in accordance with these Terms, the Privacy Policy and applicable legislation, including for the purposes of making available the Website, complying with our legal obligations, and improving the user experience in relation to the Website. 

By making a donation to a nominated Charity through the Website, you consent to us disclosing your personal information to that Charity.

Third party links

The Website may contain links to other websites over which we have no control.  Those links are provided for your convenience only, and we are not responsible for their use, effect or content.  We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those websites, nor do we endorse any information, opinions, goods or services referred to on them.

Suspension, withdrawal of or changes to the Website

We reserve the right to:

(a) suspend your use of, or withdraw, the Website and/or any of its features or components; and

(b) add to, amend, remove, or disable access to, any part of the Website and/or any of its features or components, 

in each case at any time and for any reason, without notice to you.  

Miscellaneous

We do not waive a right, power or remedy in connection with these Terms if we fails to exercise or delay in exercising the right, power or remedy.

These Terms are governed by the laws of New South Wales, Australia.  You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts having appeal from them.

Interpretation

In these Terms:

(a) Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time;

(b) Charities means a charity partner who has entered into a Services Agreement (Charity) with Giveget.

(c) Device means your own internet-enabled device that is compatible with the Website and has a current and working internet connection;

(d) Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning; and

(e) Merchant means a merchant or retailer who has entered into a Services Agreement (Merchant) with Giveget and provides rewards in exchanges for donations to Charities, as facilitated by Giveget.

(f) Privacy Policy means our privacy policy, as amended from time to time and published at web page accessible using the address https://giveget.co/privacy-policy/ (or any replacement web page from time to time).

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