Terms and Conditions
WHAT’S IN THESE TERMS
Click on the links below to go straight to more information on each area:
- TERMS OF SERVICE
- WEBSITE TERMS
- ACCEPTABLE USE POLICY
- Welcome to www.tregiv.com (the Website). The Website is operated by TreGiv Ltd, a company incorporated under the laws of England and Wales under company number 11885324 with its registered office at Wyvern House, 1 Church Road, Great Bookham, Surrey, England, KT23 3PD (TreGiv, we, us, our).
- Our Website facilitates online giving by allowing users to give and receive funds for an event or celebration listed on the Website (a Campaign). TreGiv authorises both the creation of Campaigns and the processing of donations on behalf of such Campaigns featured on the Website (together, our “Services”).
- Please read these Terms and Conditions (Terms) carefully as they set out the terms and conditions which apply to your interactions with us and the basis on which you may use our Services and/or access the Website and all features, content, materials and information made available via the Website (Content). Please read them carefully before processing (and print if necessary).
- Last updated: September 2020. These Terms may be modified from time to time to reflect changes to our Services or changes in the law but, should this happen, they will be posted on the Website or, if the changes are material, we will notify you of such changes by email. Your continued use of the Website following the posting of the revised Terms means that you accept and agree to the changes. Changes to these Terms won't apply retrospectively unless you agree to it.
- If you don't wish to be bound by these Terms then you are not authorised to access our Services or the Website and must promptly cease using the Website.
HOW WE WILL COMMUNICATE WITH YOU
- Unless we inform you otherwise, all communication and notices you give to us must be sent to email@example.com.
- We may give notice to you by posting it on the Website or at any address (email or postal) you provide to us. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent to your email address, or three days after the date of posting of any letter.
- When using the Website, you accept that communication with us will be mainly electronic. We will generally contact you by e-mail or provide you with information by posting notices on the Website. By using the Website and our Services, you agree to this means of communication and you acknowledge that all notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory legal rights.
OUR LIABILITY TO YOU AND YOUR LIABILITY TO TREGIV
- This Section 3 explicitly sets forth your liability to us and TreGiv’s liability to you under these Terms (including what you cannot hold us liable for under these Terms) with respect to the use of the Website and our Services.
- You expressly understand and agree that to the extent permitted by applicable law, your use of our Website and Services is at your sole risk and the Website and Services are provided on an “as is” and “as available” basis, with all its faults. Any content accessed through our Website is accessed at your own risk, and you shall be solely responsible for any damage to your device, or any device you use to access our Website, or any other loss that results from accessing such content. TreGiv and our licensors expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, arising from use of the Website. You acknowledge and agree that neither TreGiv’s nor our licensors are liable, and you agree not to seek to hold us liable, for the conduct of third parties on the Website, including operators of external sites, and that the risk of injury from such third parties rests entirely with you. The terms in this Section 3 do not affect your statutory rights as a consumer and nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that may not be excluded or limited under applicable law.
- You agree to defend, indemnify and hold TreGiv and our group companies, affiliates, licensors and business partners harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Website or our Services; or (b) your breach of these Terms or any other policies that TreGiv may issue for the Website from time to time.
- If we fail to comply with these Terms, we are only responsible for loss or damage you suffer that is a reasonably foreseeable and a direct result of our breaking these Terms or our failing to use reasonable care and skill. We will not be responsible for any losses you suffer as a result of us breaching these Terms that were not reasonably foreseeable to both you and us when you commenced using the Website or our Services.
- To the fullest extent permissible by applicable laws, under no circumstances, will TreGiv or our licensors be liable to you for more than the total fees paid to TreGiv by you during the twelve-month period prior to the act, omission or occurrence, giving rise to such liability.
- To the fullest extent permissible by applicable laws, we are not responsible for indirect losses (including consequential damages) which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us.
- Our Services are only intended for individual and private use. If you use our Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
OTHER IMPORTANT TERMS
- Events outside of our control. If any of our obligations under these Terms are delayed by an event outside our reasonable control (an Event Outside Our Control) then we will contact you as soon as reasonably possible to let you know and we will where reasonably possible take steps to minimise the delay. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control may include for example (but without limitation) the following: strikes, riots, terrorist attacks, war, fire, explosion, storm, flood, pandemic, epidemic or other natural disaster or other calamity affecting the health of some or all of the general public.
- These Terms are our entire agreement. These Terms including the documents referred to in them (in each case, as amended from time to time) constitute the entire agreement between us and you in relation to use of the Website and/or our Services and supersede all previous agreements in respect of the same.
We do not waive our rights if we fail to exercise them. If we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
THIRD PARTY RIGHTS. A person who is not a party to these Terms has no right to enforce any term of these Terms.
- Governing law and Jurisdiction. These Terms are governed by and construed in accordance with English law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Engliah law. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent allowed by law.
- The place in which you can resolve any disputes with TreGiv will depend on where you are using the Website and Services. If you are using the Website in the UK then all disputes arising out of related to your use the Website and our Services shall be subject to the exclusive jurisdiction of the courts located in England and Wales, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
- If you are using the Website in the United Kingdom or Northern Ireland and you are not happy with how we have handled a complaint, you may be able to submit a dispute for online resolution to European Commission Online Dispute Resolution platform. With respect to any uses in the United Kingdom or Northern Ireland, TreGiv does not participate in any alternative dispute resolution body and is not obliged to do so.
TERMS OF SERVICE
Upon signing up to an account with us, the Website and our Services allow you to give and receive money (a Gift) in relation to any Campaign listed on the Website. Every Campaign has an agreement with TreGiv which authorises TreGiv to collect money on its behalf through Lemonway, our payment platform provider (please refer to Lemonway’s terms of service which govern all payments made to a Campaign). The following terms apply to the creation of Campaigns and the giving and receiving of Gifts on the Website.
GIVING A GIFT
- You should read the description of the Campaign page carefully and make your own decision regarding the authenticity and suitability of the recipient to receive your Gift. We are not an accounting, taxation or financial advisor, nor do we vet, assess or audit any Campaign (save as set out in these Terms), and therefore you should not rely on information given on the Website to determine any consequences of giving a Gift to a Campaign.
- Please note that Campaign creators reserve the right to use your Gift for their general purposes. The Campaign page may state that Campaign recipients will only use Gifts for specific purposes but we cannot guarantee that they will use them for such purpose and we shall not be responsible for ensuring that Gifts are earmarked for any particular event. If you want a Gift to be used for a specific purpose or for a particular item or service, contact the relevant individual or organisation and make your donation directly to them. If you have any doubts as to how your Gift will be spent, you should contact the Campaign recipient directly to seek reassurance. It is your sole responsibility, as a user of the Website, to ensure that the Campaign is one that you wish to support.
- TreGiv (or any payments processor or card brand we work with) shall use reasonable endeavours to verify the identity of a Campaign creator and undertake any other necessary checks before a Campaign is listed and before any Gifts are transferred to the Campaign recipient. However, TreGiv does not warrant or represent that your Gift will be used for any particular purpose and shall not be responsible for any use or misuse of Gifts made to a Campaign. After Gifts have been processed, all further dealings are solely between you and the Campaign creator/recipient to which you sent the Gift.
Due to anti-money laundering regulations, TreGiv is required to verify the identity of anyone making a Gift to a Campaign on the Website. You will therefore be asked to provide the following information in order to make a Gift:
- Proof of identity; and
- Proof of address.
- Please note that when you make a Gift to a Campaign on the Website, the transaction is final and no refunds shall be given except as otherwise set out in these Terms. If you become aware of fraudulent use of your payment 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.
- In the event that a Campaign is removed or deleted by a Creator before a Gift is sent to the relevant recipient or if we remove a Campaign because it breaches these Terms, you may apply for a refund up to 6 months after the Campaign is removed or deleted. TreGiv may refund any donations made to the applicable Campaign less any processing fees in our sole discretion and we reserve the right to request additional information or supporting documentation to assist us in making a decision as to whether or not to provide a refund. To apply for a refund, please contact firstname.lastname@example.org and provide any relevant information e.g. Campaign name, Campaign reference number, date of transaction.
In order to be able to provide the Services, we charge users a small fee for each Gift processed through the Website. For information about our fees please refer to: https://www.tregiv.com/fees.
CREATING A CAMPAIGN
- As a user of the Website and subject to these Terms, you may create a Campaign on behalf of yourself or a third party. Campaigns may be created for a variety of events and celebrations, including (without limitation) birthdays, weddings, graduations, retirements, baby showers, christenings and other special events such as gap years. However, TreGiv is not responsible for the activities of any event or celebration which are the subject matter of a Campaign. In addition, please note that Campaigns may not be created to raise money for charities. All Campaign pages are listed on the Website at our sole discretion and are subject to and must comply with our Acceptable Use Policy.
- Prior to creating a Campaign, it is your responsibility to ensure that the beneficiary of the Campaign does not object to the Campaign. We reserve the right, at our sole discretion and without notice, to suspend and/or cancel a Campaign at the request of the Campaign beneficiary.
Due to anti-money laundering regulations, TreGiv is required to verify the identity of anyone creating a Campaign on the Website. You will therefore be asked to provide the following information:
- Proof of identity; and
- Proof of address.
- We do not review or exercise any editorial control over the content of information on a Campaign page. In the event that we are made aware of any unlawful activity or information on a Campaign page, we reserve the right to remove or suspend the Campaign.
- We may also suspend or delete a Campaign without notice to you in the event of that you breach (or we reasonably suspect you to have breached) any of these Terms or if the Campaign has been inactive for more than 12 months.
- Please note that TreGiv shall have no liability for removing or suspending a Campaign pursuant to these Terms.
RECEIVING A GIFT
- Subject to TreGiv using reasonable endeavours to verify a recipient’s identity, Gifts will be paid by bank transfer to a Campaign recipient’s nominated bank account using our payment provider.
- GIVING A GIFT
- Unless we state otherwise, all content published on the Website is presented solely for your private, personal and non-commercial use. While we do always try to ensure that the Website is accurate and up to date, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. We cannot accept any liability or responsibility for any loss which may arise from reliance on material on the Website, whether it is our material or material posted by a third party (e.g. reviews, testimonials and comments).
- We have the right to change or take down the Website and anything on it without notice, and without liability to you or any third party. Continued use of the Website shall be deemed your acceptance of such changes.
- When using the Website on your mobile, laptop or desktop device (Device), you acknowledge and agree that you are responsible for (i) maintaining continuous internet access for your Device through a Wi-Fi or LTE data communication network and (ii) any internet connection and telecommunications fees and charges that you incur.
- TreGiv is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Website, including, but not limited to screen display operation features of your Device.
PERSONAL INFORMATION ABOUT YOU AND YOUR VISIT TO THE WEBSITE
CONTENT PROVIDED BY YOU
All material which you contribute to the Website (including any Campaign page) or its connected social media accounts, including feedback, stories, Instagram posts (where you respond with the required hashtag), and images (Contribution), is subject to our Acceptable Use Policy as part of these Terms. TreGiv does not verify or endorse and takes no responsibility for any Contribution or any content or communications made available through the Website via any function which allows a user to publicly post or share content.
USER-GENERATED CONTENT IS NOT APPROVED BY US
- This Website may include information and materials uploaded by other users of the Website, including to Campaign pages. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.
- If you wish to complain about content uploaded by other users, please contact us at email@example.com.
USING THE WEBSITE
- The Website is provided on an 'as is' and 'as available' basis and may contain technical inaccuracies or typographical errors. TreGiv gives no warranties, whether express or implied, in relation to the Website, any third party content accessed on or through the Website, or any transaction that may be conducted on or through the Website, including any warranties of: (a) non-infringement, security or accuracy; (b) that your use of the Website will be uninterrupted, error or defect free; or (c) that the Website or the server that makes it available to you are free of viruses or bugs or that any defect or downtime will be fixed promptly or at all. Note that if the need arises, we may suspend access to the Website or close it, or any part of it, indefinitely and without further notice to you or any third party.
- This Website and any content is provided for general information only. Commentary and other materials posted on the Website are not intended to constitute advice upon which any reliance should be placed. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
- You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website. Please be aware that we cannot and do not guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
- We may suspend or withdraw or restrict the availability of all or any part of our Website (including any user account) for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
In this section we set out the terms relating to our intellectual property, and your use of and interaction with it.
We are the owner and/or licensee of the “TreGiv” trade and brand name, logo, trade mark and get-up. Unless we expressly state otherwise, all intellectual property rights in the Website, including all copyrights, images, software, designs, text, sound, logos, artwork, look and feel of the Website, devices, branding, trademarks, product selection, articles, arrangement, product names, and other content included in or supplied as part of the Website and coordination of such content on the Website (together defined as Copyright Material), is owned by TreGiv or one of our group companies and are protected by copyright laws and treaties around the world. All such rights are reserved by TreGiv, our group companies and our third-party licensors.
USING OUR COPYRIGHT MATERIAL
- You are permitted to access, store, print and use the Copyright Material on the Website for your own personal and non-commercial use. However, you may not modify, copy, reproduce, publish, manipulate, upload, distribute, transfer or sell, by any means, any material or information on or downloaded from the Website or Copyright Material without our prior written permission. Our status (and that of any identified contributors) as the authors of the Copyright Material must always be acknowledged.
- For the avoidance of doubt, you must not use any part of the Copyright Materials for commercial purposes without obtaining a licence to do so from us or our licensors.
- You shall not modify, translate, reverse engineer, decompile, disassemble, or hack the Website or create derivative works based on any software or accompanying documentation supplied by TreGiv or our third-party licensors. TreGiv is a trademark belonging to TreGiv Ltd. No licence or consent is granted to you to use this trademark in any way, and you agree not to use this trademark or any mark which are considerably similar without our prior written permission. You agree not to remove or destroy any copyright, trademark, service mark, or other proprietary rights notices or markings contained on or in the Website and you shall not use any metatags or other “hidden text” incorporating TreGiv marks.
Any unauthorised use of the Website is strictly prohibited and may constitute a breach of TreGiv’s or our licensors’ intellectual property rights.
REQUESTS TO USE COPYRIGHT MATERIAL
The Website may incorporate third party content and we may be unable to grant permission for you to use any such third-party content. Please contact the appropriate third party for permission to use their content.
INTELLECTUAL PROPERTY IN YOUR CONTRIBUTION
- Your intellectual property rights in your Contribution are subject to our Acceptable Use Policy.
YOUR ACCOUNT WITH US
- You will be required to open an account with us before you can create a Campaign, give a Gift or receive a Gift. If you are under the age of 18 you will not be able to create your own account but a parent or guardian may create and administer an account on your behalf.
- If you open an account with us, you must ensure that the details you give us are correct and complete. Please let us know right away if any of the details you provided while registering should change.
- If you are given a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to anyone else. Accounts may not be shared. You agree to accept responsibility for all activities that occur under your account or password.
- You should inform us immediately if you have any reason to believe that your password has been compromised or there has been any other breach of security regarding the Website that comes to your attention.
- We have the right to suspend your account or to disable any username or password at any time if we believe you have failed (or we reasonably suspect you have failed) to comply with these Terms and Conditions, or for security and maintenance reasons.
LINKS TO OTHER WEBSITES AND PARTNERS
- Where we provide links to other websites or resources, these links are provided for your information only and you access them at your sole discretion. We do not recommend, endorse, or accept any responsibility for the content of external websites or resources which we link to, or which may link to the Website. Remember, you are solely responsible for complying with the terms of any linked site, and you will be subject to their policies and practices (including data protection and privacy).
- Furthermore, we may from time to time select partners offering relevant information and services that we believe will enhance the Website. Whilst we will use reasonable endeavours to select reputable partners, 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.
INTERFERENCE WITH THE WEBSITE
- You must not attempt to interfere with the proper working of the Website or otherwise attempt to obstruct or interfere with any other person’s or entity’s use of the Website – for example, by attempting to circumvent security or tamper with or disrupt any computer or Internet device.
- Without limiting the foregoing, you agree that you will not use the Website for any other unlawful, prohibited, abnormal or unusual activity as determined by TreGiv in our sole discretion. You agree that you will not (a) obtain or attempt to obtain any information from the Website including, without limitation, email addresses or mobile phone numbers of other account holders or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Website, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Website. Anyone misusing the Website in this way may be committing a criminal offence and we reserve the right to report this to the relevant law enforcement authorities and to co-operate with those authorities by disclosing the relevant user's identity to them. In addition, we reserve the right to seek damages and costs (including legal fees) from any such user to the fullest extent permitted by law.
COMPLIANCE WITH LAWS
Depending upon where you are located when using or visiting the Website, you are responsible for compliance with all applicable laws. If use of the Website or our Services, or content offered through the Website are contrary to any applicable law in your jurisdiction, you are not authorised to view or use the Website and you must exit immediately.
- WEBSITE CONTENT
ACCEPTABLE USE POLICY
We want everyone who uses the Website to have a positive and safe online experience – in this Section we set out the terms under which you may access the Website and our Services.
- You may only use the Website and our Services for lawful purposes.
- You may not use the Website or create a Campaign:
- in any way that breaches any law or regulation;
- in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm children or minors in any way;
- to send, upload, download, knowingly receive, or use any material which does not comply with our content standards; nor
- to transmit, or procure the transmission of, any unsolicited or unauthorised advertising or promotional material or similar (e.g. spam).
- PROHIBITED USES
- The standards listed hereunder apply to all and part of any Contribution you make (as defined in Section 11 above). You acknowledge that we have the right to pre-screen your Contribution but has no obligation to do so. Please note that we reserve the right not to publish any particular Contribution on the Website or to remove any Contribution (including any Campaign page) at our sole discretion.
- be accurate;
- where they state opinions, be genuinely held; and
- comply with all applicable laws.
Contributions must not:
- contain anything defamatory, obscene, offensive, hateful, threatening, harmful to minors, or inflammatory;
- contain or promote sexually explicit material or violence;
- be used for deception, or to mislead as to your identity or affiliations;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- infringe anyone else's copyright, trademark, or other intellectual property rights;
- promote or suggest anything unlawful, including copyright infringement or computer misuse;
- be made in breach of any legal duty, including a contractual duty or duty of confidence;
- promote any illegal activity;
- invade another's privacy;
- be likely to harass, upset, embarrass, alarm, or annoy another person; nor
- give the impression that they come from us or any other third party when they do not.
OWNERSHIP OF YOUR CONTRIBUTION
By making a Contribution:
- You grant TreGiv a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable licence to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Contribution or any part of the Contribution in connection with the Website and TreGiv’s (and our successors’ and affiliates’) business, including without limitation for advertising, promoting and redistributing part or all of the Website, Products and packaging (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each user of the Website a non-exclusive license to access your Contribution through the Website while the Contribution is made available through the Website. You may take down any of your Contribution at any time; however, you acknowledge and agree that we may still have access to such Contribution and that the above license granted by you to TreGiv will remain in effect despite your removal of the Contribution from the Website. You hereby represent, warrant and covenant that any Contribution you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the licence specified in this Section 21.1.1;
- to the fullest extent allowed by law, you waive your moral rights in your Contribution throughout the world;
- You warrant that you own all intellectual property rights and other rights in your Contribution, including but not limited to copyright and image rights;
- You warrant that your Contribution is not offensive, unlawful, harmful to minors, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to any liability, violates any law, is otherwise objectionable, or impersonates another person;
- You acknowledge that our use of your Contribution will not constitute infringement of any of your rights, including copyright, defamation, privacy, publicity rights, or the equivalent rights of any third party (including anyone whose likeness is included in your Contribution);
- You agree that, if requested, you will sign or will procure that any third party will sign any documents necessary to transfer the copyright or any other rights in the Contribution to us; and
- You release us from any and all claims, liabilities, or damages arising from our use of the Contribution.
- You acknowledge and agree that: (a) by using the Website, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (b) you are solely responsible for, and we have no responsibility to you or any third party for any Contribution that you create, submit, post or publish on or through the Website; (c) We do not guarantee any confidentiality with respect to your Contribution; and (d) We are not responsible for any Contribution provided by third parties that you may have access to through your use of the Website and all Contributions are the responsibility of the person from whom such Contribution originated. You acknowledge and agree that we have no control over and is not responsible for the use of Contributions by its users, including any user that has downloaded Contributions to a personal Device; and we may not be able to remove Contributions that are downloaded onto a user’s Device. TreGiv does not endorse any Contribution, or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with any Contributions.
- For the avoidance of doubt, you acknowledge that your Contribution is your sole responsibility. You agree that, under no circumstances, will we be liable in any way for any Contribution, including, but not limited to, any errors or omissions in any Contribution, or any loss or damage of any kind incurred as a result of the use or distribution of any Contribution transmitted or otherwise made available via the Website.
- By making a Contribution: