Terms & Conditions

Definitions:

Giver: An internet shopper who uses TheGivingMachine™ to purchase goods via featured retailers on TheGivingMachine™ website and supports their chosen beneficiaries.

Anonymous Giver: A giver who does not open an account, thereby remaining anonymous on TheGivingMachine™.

Account: Each Giver has their own account which only stores the basic information TheGivingMachine™ needs to be able to match donations to beneficiaries and identify the Giver via a unique email address.

Active Beneficiary: A beneficiary that has registered themselves via TheGivingMachine™'s beneficiary application process.

Supported Beneficiary: A beneficiary that has been Supported by a giver and has agreed to accept donations from TheGivingMachine™ or, in the case of a newly Supported Beneficiary, will be asked to accept donations. In the case of a newly supported Beneficiary which has not yet been contacted by TheGivingMachine™, TheGivingMachine™ is acting on behalf of the Giver to collect money for the Beneficiary.

Terms & Conditions

Terms & Conditions for Givers

• As a Giver or Anonymous Giver using TheGivingMachine™ (The Website) you agree to abide by the following terms and conditions. If you do not agree with these Terms and Conditions you are required to stop using TheGivingMachine™ immediately. By registering as a Giver, you are automatically opted into the regular newsletter from TheGivingMachine™. If for some reason you wish not to receive regular newsletters from us, you can change your preferences by editing your Account details.

Membership

• As a Giver or Anonymous Giver using TheGivingMachine™ you will earn donations for your chosen charities and schools.
• TheGivingMachine™ reserves the right to refuse membership or terminate accounts without notice at any time.

Transactions

• You must be logged into the TheGivingMachine™ website in order to earn donations for your chosen beneficiaries.
• Any transactions for goods or services are made directly with the merchants you purchase from and not with TheGivingMachine™
• In order for your purchases to qualify for donations, it is essential that you click through the link on The Website. Reaching a merchant by any other means will not result in any donations from that purchase.
• Donations are not payable on refunded or reversed sales.
• All transactions are electronically logged and reported back by the retailer. TheGivingMachine™ makes every effort to ensure that retailers are correctly reporting their sales however it cannot be held responsible should the retailers fail to report back your sale. (In the rare case that this does occur TheGivingMachine™ will make every effort to negotiate the commission from the retailer on your behalf; however the retailer's decision is final). If for some reason, a donation cannot be matched to a particular Account, TheGivingMachine™ will make best efforts to select the most likely Account and make the donation on that basis.
• In the event that the amounts for any month to be paid to the beneficiary are less than £25, TheGivingMachine™ reserves the right to withhold this sum until the following month.
• Should a retailer delay payment or cease trading for any reason then we will attempt to recover the donations but TheGivingMachine™ cannot be held responsible for lost donations as a result of errors made by a retailer or its trading condition.
• Unless otherwise stated, donations payments are only available on purchases completed online. No donations will be paid on order by phone or post. Orders placed online that are later completed or revised by phone are also not eligible for donations. If this occurs you are advised to cancel the order and place a new order online if you wish to earn a donation from your transaction.
• Each offer is governed by individual terms and conditions. Please check with the merchant concerned for full details. TheGivingMachine™ reserves the right to remove or amend any offer at any time without notice.

Your Responsibilities

• TheGivingMachine™ relies on your computer allowing cookies; it is your responsibility to ensure that you have cookies turned on for our site.
• If your account is seen to be dormant and showing no transactions for 6 months or more, we reserve the right to terminate your account.

 

TheGivingMachine™ Responsibilities and Rights

• TheGivingMachine™ reserves the right to modify any of the terms and conditions in this list, at any time. In this case we will notify TheGivingMachine™ community of any changes by posting the revised agreement on the TheGivingMachine™ website.
• TheGivingMachine™ Website includes links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and accept that we are not responsible for the content or availability of any such sites.
• The contents of the TheGivingMachine™ website is not intended to be taken as advice and should not be relied upon in making any decision.
• We will not pass your details onto any unnecessary third parties. Our privacy policy outlines exactly how we handle your account information and the steps we take to ensure your privacy. We do, however, reserve the right to allow your chosen beneficiaries to contact you via TheGivingMachine™ periodically (e.g. to say thank you).
• This agreement will be governed by the laws of the United Kingdom , without reference to rules governing choice of laws.
• All copyright, trademarks and all other intellectual property rights in The Website and its content (including without limitation the website design, text graphics, all software and source codes connected with The Website) are owned by or licensed to TheGivingMachine™ or otherwise used by TheGivingMachine™ as permitted by law.
• The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
• In accessing The Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of The Website for personal, non-commercial home use only.
• To the extent permitted by law, TheGivingMachine™ will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of The Website.
• TheGivingMachine™ cannot be held responsible under any circumstances for damages of any character (including but not limited to, direct or indirect damages resulting form the loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this program.
• TheGivingMachine™ cannot guarantee that The Website will be error free, that defects in the website will be corrected or that The Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
• In the event of war, invasion, act of foreign enemy hostilities (whether war has been declared or not) civil war, rebellion, revolution, insurrection, or military or usurped power, then TheGivingMachine™ shall be relieved of any and all liabilities incurred under this contract.
• If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

 

Terms & Conditions for Beneficiaries

• As an Active Beneficiary, you agree to appoint TheGivingMachine™ as a non-exclusive licensee to use your name and logo in connection with the TheGivingMachine™ website and related promotional materials. The territory focus will be the United Kingdom .
• As a Supported Beneficiary, when informed by TheGivingMachine™ that you have been Supported, you can choose to accept donations from TheGivingMachine™ or not. A Supported Beneficiary who chooses to accept donations also agrees to allow its name to be included in the list of beneficiaries from which givers choose. A Supported Beneficiary who chooses not to accept donations will be deleted from TheGivingMachine™ and current and future Givers will not be able to choose to donate to it. Givers who had chosen a beneficiary who subsequently chooses not to accept donations from TheGivingMachine™ will be asked to choose a new beneficiary to receive these donations.
• A Supported Beneficiary may become an Active Beneficiary at any time by logging into its account and entering the required information and agreeing to the additional terms for an active beneficiary.
  
• TheGivingMachine™ undertakes with all Beneficiaries that it shall:
  • promote the awareness of the website throughout the territory to the best of its abilities
  • be responsible for the production, promotion, marketing and publications of the website and to that end may enter into such reasonable agreement as it shall think fit so as to fulfil its obligations under this agreement
  • ensure that the website shall be of good quality and complies in all respects with all relevant statutory standards and shall contain the statement:
  • in the event that the amounts for any month to be paid to a beneficiary are less than £25, TheGivingMachine™ reserves the right to withhold this sum until the following month or until such time as the amount exceeds £25. If, after a year, the amount payable to a beneficiary is still less than £25 TheGivingMachine™ will clear the account by paying whatever is due to the beneficiary.
  • abide at all times with Part II of the Charities Act 1992 and in particular will state on all notices, advertisements and other documents soliciting funds for a beneficiary which is a charity the fact that the charity is a registered charity and its registered charity number
• and with Active Beneficiaries that it shall
  • not bring the name or the logo into disrepute in any way whatsoever and that none of its activities or those of any subsidiary or holding company are or will be inimical to the activities of the beneficiary.
  • include all active beneficiaries in the list from which random beneficiaries are selected where a giver chooses this method of selecting beneficiaries to support

Obligations of Active Beneficiaries

Each Active Beneficiary undertakes with TheGivingMachine™ that it shall:

• provide a link from its website to TheGivingMachine™'s website.
• actively promote the use of TheGivingMachine™ to reach the its own fund raising goals via this agreement.

Obligations of Supported Beneficiaries

Each Supported Beneficiary which has agreed to accept donations undertakes with TheGivingMachine™ that it shall:

• allow its name to be included in the list of beneficiaries

Payments to Beneficiaries

TheGivingMachine™ shall pay to Beneficiaries the royalty on income received via affiliate payments to TheGivingMachine™. These are calculated based on the monthly summation of specific affiliate payments to the TheGivingMachine noting the following criteria:

• A maximum of 25% of the affiliate income will be retained by TheGivingMachine™ to cover costs
• The remainder will be distributed to beneficiaries based on the named beneficiaries of the Givers who made the original purchases relating to the affiliate income received.