Terms & Conditions
1. Key Terms
Throughout this document, the words “Givo”, “us”, “we” and “our” refer to us, Social Factory Limited, our website, Givo’s Services, Site and Application, as is appropriate in the context of the use of the words. The words “you” and “your” refer to you, the person who is being presented with this document for your agreement.
"Givo Content" means all Content that Givo makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
"Charity and Social Enterprise User” means a Member whose account represents a charity, as defined under the laws of the country in which it is registered in.
“Collective Content" means Member Content and Givo Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Individual User” means a Member whose account represents an individual person and not a charity.
Member" means a person who completes Givo's account registration process, and is either an Individual User or Charity and Social Enterprise User.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Member profile or Givo promotional campaign to be made available through the Site, Application or Services.
“User” means collectively both registered users (Individual Users and Charity and Social Enterprise Users) and unregistered user of Givo’s Services, Site and/or Application.
2. Terms of Service
By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below).
Givo reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
4. Early Adopter Programme
THIS CLAUSE (“EARLY ADOPTER PROGRAMME”) ONLY APPLIES TO GIVO AND CHARITIES THAT BECOME CHARITY AND SOCIAL ENTERPRISE USERS (I.E. EARLY ADOPTERS) OF GIVO BETWEEN THE PERIOD OF 31 MAY 2016 TO 31 DECEMBER 2016.. THIS CLAUSE IS EFFECTIVE FROM 31 MAY 2016 TO 31 DECEMBER 2017. IF THERE ARE CONFLICTS BETWEEN THE TERMS IN THIS CLAUSE AND IN THE CLAUSES OF OTHER SECTIONS, THE TERMS AND CONDITIONS OF THIS CLAUSE WILL TAKE PRECEDENCE WITH RESPECT TO YOUR USE AND ACCESS TO THE SITE, APPLICATION AND SERVICES.
The first Service Givo is launching is an integrated social media and donation platform (“the Platform”). The purpose of the Platform is to streamline the online fundraising process for Charity and Social Enterprise Users and enable Individual Users to donate directly to the charity/social enterprise. Givo will be publicly launched within the second half of 2016 (“the Launch”). By agreeing to abide by these Terms between the period of 31 May 2016 to 31 December 2016, the Charity and Social Enterprise User agrees to be an early adopter of the Platform.
· In return for the Charity and Social Enterprise User becoming an early adopter of Givo’s Site, Application and Services (including the Platform), Givo shall waive the 2% service charge for handling donation transactions made on Givo’s Site or Application for twelve (12) months.
· Givo shall at its sole discretion promote the Launch through whatever online and offline platform it sees fit, including but not excluded to its Facebook page, webpage, and social media platform.
· Givo shall have complete discretion in deciding whether to display the Charity and Social Enterprise User’s official trademark, trade name, service mark or logo (“Trademarks”) in all online and offline promotional materials (including e-mails) in relation to the Launch.
4.2 Charity and Social Enterprise User
· The Charity and Social Enterprise User shall remain as a Partner of Givo for twelve (12) months, beginning on the date of agreeing to these Terms and ending on the same date in the next year. (For instance, if a Charity and Social Enterprise User becomes an Early Adopter on 31 August 2016, it will remain as a Partner of Givo until 31 August 2017.)
· Upon expiry of the initial period of twelve (12) months, Givo and the Charity and Social Enterprise User shall review whether to renew their agreement. This may be renewed by mutual agreement between the Parties.
· The Charity and Social Enterprise User shall provide its official logo, trademark and other necessary materials to Givo for the purposes of performing their respective obligations pursuant to the Launch. This license right will be terminated forthwith upon whenever the Partnership comes to an end. Givo acknowledges that the Charity and Social Enterprise User owns all the sole and absolute proprietary rights of its own Trademark.
5. User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Givo’s endorsement, partnership or otherwise misleads others as to your affiliation with Givo;
- dilute, tarnish or otherwise harm the Givo brand in any way, including through unauthorized use of Collective Content, registering and/or using Givo or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Givo domains, trademarks, taglines, promotional campaigns or Collective Content;
- copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of Givo or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right;
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to charitable donations and/or charitable causes;
- "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Givo Charity and Social Enterprise User or Individual User;
- register for more than one Givo Account or register for a Givo Account on behalf of an individual other than yourself;
- recruit or otherwise solicit any User to join third-party services, applications or websites, without Givo’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content to find a Charity and Social Enterprise User or Individual User and then complete a donation independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Givo's provision of the Services or for any other reasons;
- violate these Terms;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Givo's name, any Givo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Givo's express written consent;
- access, tamper with, or use non-public areas of the Site, Application or Services, Givo's computer systems, or the technical delivery systems of Givo's providers;
- attempt to probe, scan, or test the vulnerability of any Givo system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Givo or any of Givo's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Givo may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Givo or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Givo, its users, or members of the public. You acknowledge that Givo has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines as otherwise objectionable or as set forth in these Terms. Givo reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Givo, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
7. Term and Termination, Suspension and Other Measures
· This Terms of Service shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Givo terminate the Terms of Service as described below.
· This Terms of Service shall remain in full force and effect until (i) an Updated Terms of Service replaces it; or (ii) unless and until both Parties mutually agree in writing to earlier terminate the Terms of Service in whole or any part.
7.2 Termination for breach, suspension and other measures
Givo may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Givo Account registration or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Givo believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Givo or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition, Givo may deactivate or delay donations, reviews, or other Member Content, cancel any pending or confirmed donations, limit your use of or access to your Givo Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Givo Account, or temporarily or permanently suspend your Givo Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Hosts or Guests, or (ii) Givo believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Givo or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by Givo and an opportunity to resolve the issue to Givo's reasonable satisfaction
Upon termination of this Terms of Service, the clauses of these Terms that reasonably should survive termination of the Terms will remain in effect.
8. Confidentiality and Use of Information
· Any non-public information exchanged between the Givo and the User will be treated as confidential and used by the recipient only in accordance with the laws of Hong Kong and this User.
· Except as otherwise required by law, the information so exchanged shall not be disclosed to any third party without the prior written consent of the Party providing the information.
· The entirety of this Clause 8 shall survive the termination of the agreement between Givo and the User.
9. Entire Agreement
Except as they may be supplemented by additional Givo policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Givo and you regarding the Site, Application, Services, Collective Content, and any donations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Givo and you regarding the Site, Application, Services, and Collective Content.
10. Controlling Law and Jurisdiction
This Terms of Service is governed and construed by the laws and courts of the Hong Kong Special Administrative Region (Hong Kong), without regard to the conflicts of laws principles thereof. You and Givo agree that this Terms of Service and the relationship between you and Givo will be governed by the laws and courts of Hong Kong. You and Givo agree to submit to the exclusive jurisdiction of the courts of Hong Kong for all purposes related to this Terms of Service.
11. Dispute Resolution
In the event of a dispute, controversy or claim arising out of or relating to this Terms of Service, or the breach, termination or invalidity thereof (a “dispute”), the Parties will use their best efforts and goodwill to settle promptly such dispute through direct negotiation, to the best of the Parties’ abilities.
12. 1 Stripe
Givo uses the 3rd party payment platform, Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your Givo account.
By using Givo and agreeing to the Givo Terms of Service, You also agree to be bound by Stripe’s Terms of Service.
You expressly understand and agree that Givo shall not be liable for any payments and monetary transactions that occur through Your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that Givo shall not be liable for any issues regarding financial and monetary transactions between You and any other party, including Stripe.
You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. Givo is not liable for loss or damage from errant or invalid transactions processed with Your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If You process a transaction, it is Your responsibility to verify that the transaction was successfully processed.
You understand that Givo uses the Stripe API to run the Service and that the Stripe API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold Givo liable for any adverse affects that actions (whether intentional or unintentional) on the part of Stripe may cause to Your Stripe account, Your Givo account, or Your business.
You must not process stolen credit cards, or unauthorized credit cards through Stripe and/or Your Givo account.
Givo charges a platform fee of 0% per donation.
For donations made to Singapore-registered charities:
· For Singapore-issued Visa or MasterCard cards, Stripe charges 2.9% + S$0.50.
· For all American Express cards and non-Singapore issued Visa or MasterCard cards, Stripe charges 3.4% + S$0.50.
For donations made to Hong Kong-registered charities:
· For Hong Kong-issued Visa or MasterCard cards, Stripe charges 2.9% + HK$2.35.
· For all American Express cards and non-Hong Kong issued Visa or MasterCard cards, Stripe charges 3.4% + HK$2.35
For donations made to United States-registered charities:
· For all Visa and MasterCard cards, Stripe charges 2.2% + US$0.30
· For all American Express cards, Stripe charges: 3.5%
Last Updated: 10 April 2017