Terms & Conditions
This page was last updated 19/07/2023.
This website is operated by Giveabl Pty Ltd (ABN: 12 655 335 649). Throughout the site, the terms “we”, “us” and “our” refer to Giveabl Pty Ltd. Giveabl Pty Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
TERMS OF SERVICE
Administration Fees: third-party payment processing fees, deducted from the Donation amount by the Recipient’s chosen Payment Processor.
Approved Recipient: a Recipient that has been approved by Giveabl to receive Donation payments through the Giveabl Platform. Approved Recipients have passed Stripe's AML and KYC requirements and have connected their Stripe account to Giveabl.
Cause: a Recipient’s undertaking with an amount that a Donor can Pledge and/or Donate money towards.
Charity: a non-profit organization.
Donor: an entity that gives Donations via the Giveabl platform.
Donation: a sum of money paid to a Recipient via the Giveabl platform.
Invoice: a group of Donations added together to form a single invoice issued by a Recipient, to be paid by the Donor.
Foundation: a nonprofit that Giveabl works with to facilitate the Regranting of Donations to the intended Recipient.
Fundraiser: a web page created to encourage Donations for Recipients, typically with a goal to raise a certain amount of money in a certain period of time.
Fundraiser Host: an entity that has created a fundraiser.
Pledge: an approved Donation to be Donated to a Recipient in the future, when their billing threshold is reached.
Recipient: a nonprofit, Charity, business or individual that receives Donations via the Giveabl platform.
Recommendation: the Recipient a Donor would like the Donation to be Regranted to by a Foundation. Ultimately, and by law, the Foundation has exclusive authority, discretion and legal control over all Donations received.
Regrant: the Donation, less administrative fees, disbursed to a Charity or non-profit via a Foundation.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
How it Works
Giveabl includes systems that accept and process Donations from Donors and then either:
deliver those Donations directly to a Recipient that has created a Giveabl account with a connected Payment Processor; or re-grant those Donations to Recipients that are charities and other qualifying tax-exempt organizations in the Giveabl database, that do not have a Giveabl account connected to a Payment Processor. Giveabl may work with a variety of foundations around the world to facilitate the granting of these Donations. When you donate to a Recipient via a Foundation, you are providing a Regrant Recommendation for portions of that Donation to a Charity, at which point the Foundation will, as described below, remit certain amounts to a Charity.
Giveabl also allows Donors and Recipients to see their respective Donations given and received.
The Giveabl platform offers services for managing content, Donation, and invoicing. We have no authority over the conduct or information provided by any Recipient or Donor.
Verification of information provided by a Donor or Recipient is not within our scope. Nonprofits that have taken ownership of their profile may modify certain data in our database, which is displayed on our Website and other platforms through our tools. We explicitly disavow any liability or accountability for the accuracy of information regarding a Recipient, as well as the proper utilization of Donations as described or in compliance with the law. The responsibility for these matters lies solely with the corresponding Recipient.
We conduct a review of Charities to ensure their compliance with their respective domestic regulatory authority.
In addition, we examine fundraisers for any signs of fraudulent activity, fund misuse, or indications that the funds will not be used as advertised. Should you come across any such conduct, please contact us by completing the form located at . https://support.giveabl.com
While our Website may include pages that feature Charities eligible to receive Regrants of Donations, these pages do not constitute a solicitation of Donations.
We are not a financial, tax, or legal firm. It is not recommended to rely solely on the information we provide to evaluate the implications of using our services, particularly regarding making or receiving Donations. It is advisable to consult with your own professional advisors.
Approved Donations (Pledges)
Approved Donations, also referred to as Pledges, are Invoiced automatically either when a Donor’s billing threshold is reached or monthly if the amount is greater than 500 cents (or equivalent) in a given currency to a given Recipient.
Not all Donations are tax deductible. Different laws exist in different countries that are specific to you and the Recipient of the Donation.
If you are a Donor, it is your responsibility to:
- ensure that you are donating to the correct Recipient; and
- understand how your money will be used; and
- understand the tax, legal, and other implications of your Donations. We will email you a receipt immediately after processing the payment indicating whether your payment was to a Charity or not. Your own tax situation will determine the deductibility of any Donation to a Charity.
Donations to Recipients made through Giveabl are complete and final and are not refundable.
Donations to Charitable Recipients
Donations made to Charities will either flow through a Foundation to the intended Charity, or directly to the Charity if they are an Approved Recipient on Giveabl and have connected a valid Payment Processor.
Regranting via Foundations
Ultimately, and by law, Foundations have exclusive authority, discretion and legal control over all Donations received.
Foundations make every reasonable effort to respect the wishes of Donors. In the unusual event that a Donor's recommended Charity does not satisfy the Foundation’s criteria or are unable to reasonably deliver payment (e.g., lost Charity designation, suspicion of illegal activities, moved and unable to redeliver payment), the Foundation may select an alternative Charity to receive those Donations.
The Foundation receiving the Donation will have their own set of fees, rules and guidelines on how they Regrant Donations. Typically, the amount of any Regrant will be based on the Donor's Recommendation less applicable Administration Fees.
Donations to Other Recipients
Non-Charity Recipients can receive Donations, however these are not tax deductible.
Donations to Causes
Giveabl may offer a Donor the ability to donate to a specific Cause.
Such preference will be noted in the communication to the Recipient accompanying the Donation, but this does not guarantee that funds will be used in a manner consistent with any such preference, and neither we nor the Foundation are responsible for or will be held liable for the ultimate handling of such preferences.
Unless a Cause is certified, you hereby acknowledge that any designation of a Donation's use is merely an expression of preference and does not give rise to any contractual obligations.
Donations to Certified Causes
Giveabl may offer a Donor the ability to donate to a specific Certified Cause.
When a Cause is denoted as Certified, it means that Donations attributed to it must be used in the manner described by the Recipient.
Giveabl audits Recipients periodically to ensure that Donations attributed to Certified Causes are being used as intended.
Donations to Fundraisers
Giveabl may offer a Donor or Recipient the ability to create a Fundraiser.
If you are a Fundraiser Host, it is your responsibility to select the correct Recipient(s). Many organizations have similar names, or chapters operating in different regions.
Donations to Fundraisers will be processed, whether or not the fundraising goal is met.
You agree to pay all charges due to the Recipient and Giveabl, including Donations or any other charges made through your Account, at the time such payment is due and payable.
You must provide Giveabl with a valid credit card (Visa, MasterCard, or any other issuer we accept) or other payment method we make available. Your payment provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities.
By providing Giveabl with your credit card number and associated payment information, you agree that Giveabl and Recipient's using Giveabl are authorized to immediately issue Invoices to your Account for all fees and charges due and payable to the Recipient and Giveabl hereunder and that no additional notice or consent is required.
You agree to immediately notify Giveabl of any change in your billing address or the credit card or other payment provider account used for payment hereunder.
If you initiate a recurring Donation, you accept responsibility for all recurring charges prior to cancellation.
WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT PROVIDER. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO GIVEABL.COM.
You must notify us in writing within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement or such dispute will be deemed waived.
Any payment to a Recipient, whether intended for a charitable organization or otherwise, is assessed a payment processing fee. This amount is deducted from the amount paid out to the designated Recipient and is primarily used to pay third party payment processor costs.
- If there is a “cover our costs” checkbox, the payment card amount is increased and the payment card processing fee is not deducted from the Donation.
- A commercial partner or sponsor has agreed to pay for payment card processing for Donations on a specific site or to a specific Cause or Recipient.
Typically, Giveabl charges a 1% Platform Fee on top of the Donation amount. Platform Fees are in addition to the Donation Amount so do not affect the amount reaching the Recipient. Platform Fees are typically not tax deductible.
The tip is optional and can be adjusted, including to $0.00. Tips are in addition to the Donation Amount so do not affect the amount reaching the Recipient. Tips are typically not tax deductible.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to the service and prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Giveabl Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Giveabl Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Queensland, Australia.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org