Terms and Conditions of Use
The use of the Site is subject to the following Terms and Conditions of Use (“Terms”):
1. Provider and the GivApp platform allow you to make voluntary charitable contributions. You should seek the advice of a tax professional to determine whether your contribution qualifies for a charitable income tax deduction. Provider does not provide legal or tax advice, and nothing contained herein or anywhere in the Site, App or Services should be construed as such.
2. These Terms are subject to change without notice. By your use of the Site, you agree and consent that these Terms herein are reasonable and agree to be bound by these Terms. If you do not find the terms and conditions reasonable, or you do not consent to and agree to these Terms, you shall discontinue use of the Site.
3. Your use of any information or materials on the Provider Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.
5. You shall not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
6. You shall not use the Site to store, host, transmit, send, use, copy, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, or any malicious software whatsoever.
7. You shall not conduct any systematic or automated data collection activities on or in relation to the Site.
8. Provider respects intellectual property rights and requires its users to do the same. In accordance with applicable law Provider will, under appropriate circumstances, terminate the accounts of copyright infringers. Provider reserves the right, in Provider’s sole discretion, to terminate any account for actual or apparent copyright infringement. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Provider and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Sites on the World Wide Web without the written permission of Provider or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Unauthorized use of the Provider Site may give rise to a claim for damages and/or be a criminal offense. To submit a notice of claimed copyright infringement, you must provide written notice to us at the registered address above with the specifically described material or works purportedly copyrighted and infringed upon.
9. This Site provides links to other Sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). Provider has no discretion to alter, update, or control the content on a linked Site. The fact that Provider has provided a link to a Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked Site.
10. All content, products and Services on the Site, or obtained from a Site to which the Site is linked (a “linked Site”) are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
12. Provider does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Site by any party other than Provider, (b) any content provided on linked Sites or (c) the capabilities or reliability of any product or service obtained from a linked Site. Other than as required under applicable consumer protection law, under no circumstance will Provider be liable for any loss or damage caused by your reliance on information obtained through the Site or a linked Site, or your reliance on any product or service obtained from a linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
13. The information, software, products and descriptions of Services published on the Site or a linked Site may include inaccuracies or typographical errors, and Provider specifically disclaims any liability for such inaccuracies or errors. Provider does not warrant or represent that the content on the Site is complete or up-to-date. Provider is under no obligation to update the content on the Site. Provider may change the content on the Site at any time without notice. Provider may make improvements or changes to the Site at any time.
14. You agree that Provider, Its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use the Site or a linked Site, or with the delay or inability to use the Site or a lined Site, even if Provider is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Site.
15. The Site uses Plaid Technologies, Inc. (“Plaid”) and Stripe, Inc. (“Stripe”) to gather End User’s data from financial institutions. By using the Site, you grant Provider, Plaid and Stripe the right, power and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agreed to your personal and financial information being transferred, stored and processed by Plaid and or Stripe in accordance with those companies’ respective privacy policies.
16. It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify Provider of any unauthorized uses of your user name and password or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
17. You are affirming establishing an account on this Site that you are at least eighteen (18) years of age. If Provider determines that you are not at least 18 years old, your account will be terminated, your membership will be revoked and any fees will be forfeited and shall not be refunded.
18. By activating an account on the Provider Site, you are authorizing the Provider to send you occasion emails. To stop receiving notifications when events are added to the calendar/when you have a new message/when an event is coming up, log in to your account and change your preferences under Profile Settings. To contact GivApp, use our online form.
19. Charities receiving donations via the GivApp platform are provided information on the donors contributing to their charity each month, for the purpose of allowing these nonprofit organizations to issue charitable donation receipts for tax purposes, send thank you messages, communicate updates on the impact of your donations, or send other messages. Tax receipts are issued by the charities themselves, and are not issued by Provider and Charities are solely responsible for issuing charitable donation receipts, at their sole discretion. Provider does not represent, warrant, or guarantee that you will receive any such documentation or that the IRS will ultimately recognize your contribution as being tax deductible, whether in full or in part.
20. Provider reserves the right to discontinue contributions to any entity known to Provider that is not a qualified or no longer qualifies as a charitable organization under 501(c)(3) of the Internal Revenue Code.
21. Your use of the Provider Site and any dispute arising out of such use of the Site is subject to the laws of the Commonwealth of Kentucky, United States of America and applicable federal law without regard to conflicts of laws principles.