1.0 Welcome

1.1 Introduction

These terms and conditions apply to the Giverly Charity Administration Panel which is used to manage a charity's account on the various products and services offered by Giverly.

1.2 Formal notices

Giverly ("we", "us" or "our") is a registered company in Australia (ACN 649701039), with registered offices at 713 B, 231 Waymouth Street, Adelaide , South Australia 5000. By using our website, product or services, you are accepting our terms and conditions. These terms and conditions may change or be updated from time to time. It remains your responsibility to access and check these terms and conditions when you use Giverly. The latest version of these terms and conditions will govern any future usage by you of Giverly.

2.0 About charities

2.1 Charities listed on our services

We list charitable organisations who are fully registered with the Australian Charities and Not-for-profits Commission. We are also able to list other non-profit organizations and social impact organizations.

2.2 Use of charity data

Charity data is often made publicly available. For example, the Australian Charities and Not-for-profits Commission maintains a public database of registered charities and contact details. We use this freely available data to create our list of supportable charities and store the information on our databases.
Subject to the terms of the data provider, we may also contact the charity using those contact details to make them aware of any funds that have been raised for them through our services, as well as any benefits, products and services that we make available to the charity sector in order to help them raise additional funds.
We only contact people on that database or those who have expressly given us permission to do so.

3.0 About charity accounts

3.1 Charity administrator accounts

To take control of a charity's account, you can sign up as a "charity administrator". You will be required to create a ‘Charity Page’ to get access to the Charity Admin Panel, subject to our approval after a review.

3.2 Charity Admin Panel

You may update various aspects relating to your account. Please note that many settings affect public webpages. You must therefore not publish any content that could be deemed offensive, or content that is copyrighted (unless you have permission). We reserve the right to change or remove any content.
You also have access to various reports. Some reports contain personal information of supporters. This information may be used by you in a responsible manner. If a supporter asks for their information to no longer be used, such requests must be honoured.

4.0 About payments

4.1 Payment details

Within the Admin Panel, you may submit bank details for your charity. In order to receive timely payments of any funds raised for your charity, you must ensure correct bank details are held. The bank details must be for the charity concerned and not for an individual.
When submitting bank details, you must follow the requests for verification. If we cannot verify that the bank details are correct, we will be unable to pay the funds to you.

4.2 Payment methods

Payments are made via Bank Transfer to the bank account provided by the Charity, subject to our payment schedule and to any minimum payment thresholds.
In exceptional circumstances, payments may be made via bank cheque.

4.3 Payment timings

All payments are made once we have received the funds and the charity has requested the funds once a minimum threshold of AUD 100 has been reached. We reserve the right to make changes to the minimum threshold as we may deem fit.

4.4 De-registered charities and failed payments

Payments can only be made if we or our payment partner have the required bank details. In cases where no bank details have previously been provided or if a payment has failed due to incorrect details, we will endeavour to contact your charity however we cannot be held responsible if you are uncontactable, decline to respond, or respond but decline to provide the required bank details.
When this happens, we will continue to hold the funds for as long as we see fit in case bank details are subsequently provided, however we reserve the right to make the donation to a different charity if we decide the bank details are not going to be forthcoming.
If your charity ceases to be listed on our services - this may be because they've ceased to exist as a registered charity, or it may be at your request, then any outstanding donations will be paid to a charity of our choice.

4.5 Use of funds by charities

Each charity reserves the right to utilise the funds raised for any purpose as they see fit. We therefore make no guarantee to users about how you may use the funds they raise.

5.0 Further terms and conditions

5.1 Privacy policy

Our privacy policy outlines exactly how we handle your account information and the steps we take to ensure your privacy. We also have a cookie policy.

5.2 Trademarks

The names Giverly, www.giverly.co, and the Giverly logo are the property of Giverly PTY LTD. These marks and URLs and any other product and service names that are displayed on www.giverly.co may not be used in connection with any product or service that is not provided by Giverly, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit these marks and specifically Giverly.
Other trademarks, service marks or logos that appear on our services - including, but not limited to, those of our charity and merchants - are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both us and the trademark owner.

5.3 Copyright

All aspects of the Giverly service are protected by copyright. All content is owned either by Giverly PTY LTD, our supported charities, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws.
Giverly, in whole or in part, is for your personal use only. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark or other proprietary notice. No other use of the website's content is permitted without the express prior permission of Giverly, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to hello@giverly.co.

5.4 Changes to the service

Giverly will make every effort to ensure that its services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms & Conditions.

5.5 Indemnification

You agree to indemnify Giverly Pty Ltd against any loss, liability, claim, demand, damage or expense (including legal fees) that may occur in connection with the use of this site. We take reasonable care and skill to ensure that the data provided on this site is accurate and up to date. However, we give no warranty of the accuracy of any information on the site and do not accept liability for any errors or commissions, nor do we accept liability for any resulting damage or loss.

5.6 Linking from external websites

Other websites may link to our websites; however, it is not permitted for pages to be loaded into frames on other sites, or for pages to be linked to from any websites that contain material which could be construed as offensive.

5.7 Links to external websites

Giverly links to many other websites for information and as a service to our users. The external websites are not under our control and we are not responsible for the content of any linked site.
By listing or linking to another site, we are not making any kind of endorsement and we accept no liability in respect of the content. We do not guarantee that links will work all of the time and cannot control the availability of the linked pages.
If you deem any link inappropriate or offensive, or find any link to not work, then please let us know so that we may remove the link.

5.8 Unauthorised use of our website

If it is found that the Giverly website is being interfered with in any way including modification of URLs, posting unauthorised URLs on public media, pages being spidered, automatic scripts or anything deemed by ourselves to be abnormal use then we may terminate your account and any donations may become voided.
To protect our retailers, any abuse of an offer may lead to transactions being revoked. Any transactions deemed to be of a suspicious nature may require verification by ourselves and/or the retailers involved, and further information on your transactions may be requested from yourself.
For this reason, we may pass on any details which you have provided in communications with the merchant and its agencies. Usernames should not be offensive nor used in any way which may represent any trademarks or brand names, be it owned by Giverly or other entities. Where this is the case then you will be required to update this to a suitable name.

5.9 Disclaimer

The Giverly service - including, but not limited to, our websites, browser extensions and mobile applications - are provided 'as is', 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.
We do not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials.
In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of Giverly.
Use of Giverly is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

5.11 Termination

You may discontinue use of Giverly services at any time. These terms and conditions will continue to apply to past use by you.

5.12 Modification of agreement

We may modify any of the terms and conditions contained in this agreement, at any time and at our sole discretion for any reason. We will post the revised agreement on this website.

5.13 Miscellaneous

Our failure to enforce your strict performance of any provision of this agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement.

5.14 Governing law

These terms and conditions shall be governed by the laws of Australia. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Australia. You hereby consent to the exclusive jurisdiction of the Australian courts in all disputes arising out of or relating to the use of Giverly.