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Terms & Conditions Go Shopping

TheGivingMachine Systems Ltd trading as TheGivingMachine™

Definitions:
Giver: An internet shopper who uses TheGivingMachine Services 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 Services' beneficiary application process.
Non-Registered Beneficiary: A beneficiary that has been supported by a giver but has not yet provided full details to receive payments.
TheGivingMachine Services: The website or Shop&Give browser extensions
Qualifying Actions: Includes purchasing via TheGivingMachine Services or participating in any other promotions we offer that enable free donations to be generated.
Terms & Conditions

Terms & Conditions for Givers
  • As a Giver or Anonymous Giver using TheGivingMachine Services 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, by using TheGivingMachine Services you will generate donations for your chosen causes when you complete Qualifying Actions.
  • TheGivingMachine reserves the right to refuse membership or terminate accounts without notice at any time.

Transactions

  • You must be logged into the TheGivingMachine Services 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 via TheGivingMachine Services. 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).
  • Should a retailer delay or cancel payment for any reason or cease trading then we will attempt to recover the donations but TheGivingMachine cannot be held responsible for lost donations as a result of errors or changes 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.
  • The individual donation values shown have been rounded to two decimal places for display purposes. As many as eight decimal places may be present in the actual donation. The donation totals are calculated using the actual values, rather than the displayed values.

Your Responsibilities

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

TheGivingMachine Systems Ltd 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 Services include 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 Services are 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, enable 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 TheGivingMachine and its content (including without limitation the website design, text graphics, all software and source codes connected with TheGivingMachine Services) are owned by or licensed to TheGivingMachine or otherwise used by TheGivingMachine as permitted by law.
  • TheGivingMachine Services are 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 TheGivingMachine Services 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 any content of TheGivingMachine Services 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 TheGivingMachine Services.
  • TheGivingMachine cannot be held responsible under any circumstances for damages of any character (including but not limited to, direct or indirect damages resulting from the loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use TheGivingMachine Services and associated programs and applications.
  • TheGivingMachine cannot guarantee that TheGivingMachine Services, associated programs and applications will be error free, that defects in them will be corrected or that they or the server that makes them 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 Conditions 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 Services and related promotional materials, programs and applications. The territory focus will be the United Kingdom.
  • As a Non-Registered Beneficiary we will track donations generated for you until you convert to be an Active Beneficiary. To convert to be an Active Beneficiary we will need correct bank details and a contact name and email address.  We reserve the right to cancel your account and transfer any donations to another 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:
    • make regular payments to all Beneficiaries with a balance greater than £15 who has provided BACS details.  TheGivingMachine is unable to pay any Beneficiary who has not provided BACS details and will withhold payments until these details are received by post.
    • 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 Services.
  • actively promote the use of TheGivingMachine Services to reach the its own fund raising goals via this agreement.
  • allow TheGivingMachine Services to share Beneficiary comments and endorsements via social media channels.
  • acceptable use of TheGivingMachine Services' "email your givers" facility should be restricted to communications relating to TheGivingMachine, usage by your givers (to say thank you for example) or to mention fundraising events. We respectfully ask that you do not use this free facility to promote companies other than those affiliated with TheGivingMachine Systems Ltd, that would be unfair.

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

  • allow its name to be included in the list of beneficiaries for Givers to support on TheGivingMachine Services and associated programs and applications.

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 matched to specific Givers will be retained by TheGivingMachine to cover costs.

Golden Hearts Campaign - Drive for £1m to your favourite causes

  • The Golden Hearts campaign will run from Monday 24th to December 31st 2014
  • Any approved purchases made via TheGivingMachine between these dates by TheGivingMachine account holders will qualify to be entered into the weekly prize draws, culminating in the Grand Prize draw after 31st December 2014.
  • There will be 3 Winners picked at random on Monday 1/8/15/22 December.
  • Winners will be notified by email within 7 days, prize delivery to UK only. Winners will need to advise us by email where the prize needs to be sent in order to claim their prize
  • Any cash donation prizes will be credited to giver accounts and paid to your chosen cause in the next payment run.
  • A new winner will be picked at random if a prize remains unclaimed after 21 days.
  • The Golden Hearts grand prize winner competition closes at 11.59 on 31/12/14.
  • The winner of the grand Prize will be notified by email by 7/1/15.
  • The judge's decision is final on all awards.

TheGivingMachine staff, contractors or associates are not eligible for entry into the prize draws.

Others
If you have read these terms and conditions, please let us know by contacting us and saying "I read your terms and conditions" along with your name and address. For the first ten replies, we'll send you a Twix chocolate bar (UK residents only please).



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