Terms and conditions

Givetastic LLC

1. Terms and conditions of website use

   1. These terms and conditions ("Terms") provide the terms upon which you may make use of the website made available and operated at www.givetastic.com (“our website”). "You" relates to any person or business using Services from our site and if you are an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession, you may also be referred to as "Consumer".
   2. Please read these terms and conditions of website use carefully before you start to use our site. These Terms are a legally binding document and create binding obligations upon you.
   3. By using our site, you accept these Terms and agree to adhere to them in their entirety. If you do not agree to these Terms, please do not use our site.

2. Information About Us

   1. The Givetastic Platform is operated by Givetastic LLC, a company incorporated and registered in the U.S. District of Wyoming having its registered office at 30 N Gould ST STE R Sheridan, WY 82801.

   2. If you are a consumer these terms set out:

      • Your legal rights and responsibilities;
      • Our legal rights and responsibilities; and
      • Certain key information required by law.

      If you don't understand any of these Terms and want to talk to Us about it, please contact Us by e-mail at support@givetastic.com responding during business hours Monday to Friday 09:00 – 17:00.

3. Definitions

   In these Terms the following expressions shall, unless the context otherwise requires, have the following meanings:

   Collection Fund - means the amount of money raised by a Collection Creator through our site in relation to a Collection

   Collection Creator - means any person or organization that creates a collection. Creators must set up an account on the platform before setting up a collection.

   Contributor - means any person or organization that contributes to a collection. Contributors do not need to register with the Platform. Contributors must use their normal debit or credit card to contribute.

   Contribution - Amount in Sterling paid into the Collection by a Contributor;

   Group Greetings Card - means the electronic greetings card (E-Card) containing all messages from Contributors and the Creator.

   Intellectual Property Rights - means inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;

   Login - means the data necessary to identify the User by the Platform which includes a User name (valid email address) and a password.

   Occasion - means the the cause of reason for the collection;

   Order - means the online order form to be completed by you when placing an order with us;

   Payment Service Provider -: STRIPE (www.stripe.com)

   Recipient - means the individual that is intended as the beneficiary of the collection fund and/or any item(s) from the online store

   Retail Partners - means our business partners set out on our site from time to time and whose products are available for purchase on our site and in our Online Store;

   Service(s) - means the services operated and maintained by us, accessible via our site, or ancillary online or offline products and services provided to you by us, to which you are being granted access under these Terms;

   Online Store - means our online shop selling goods from a variety of our Retail Partners;

   User(s) - means individuals who use the Service and have been supplied user identifications and passwords by you (or by us at your request).

   Website - means the website www.Givetastic.com created and managed by the platform.

   Givetastic, us, we, our - Givetastic LLC trading as “Givetastic”

   Working Day - means a calendar day excepting Saturdays, Sundays, and public holidays in the USA.

4. Use of Site

   1. We reserve the right at our sole discretion to restrict access to some or all parts of our site by persons or organizations seeking to access our site.
   2. You are responsible for making all arrangements necessary for you to have access to our site. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our site and is compatible with our site. You are also responsible for ensuring that all persons who access our site through any facilities provided by you or over which you have control are aware of these terms and conditions of website use and that they comply with them.
   3. Anyone can access our site however in order to be able to contribute to a Collection (as defined in section 8.1) you must be resident in and accessing our site from a country supported by our Payment Service Providers.
   4. We have used reasonable endeavours to ensure that our site complies with U.S.District of Wyoming laws. However, we make no representations that our site or the Services are appropriate or available for viewing, access or use in locations outside of the USA. If you access our site from other locations you do so at your own initiative and are responsible for compliance with all laws applicable to such location. If viewing, accessing or using our site, the Services is contrary to or infringes any applicable law in your place of access or place of residence, you are not authorised to view, access or use our site, the Services and you must exit immediately. If making available the Services in your place of access or place of residence or to you (by reason of nationality, residence or otherwise) is prohibited, the Services are not made available to you. You accept that if you are resident outside of the USA, you must satisfy yourself that you are lawfully able to use the Services.
   5. We shall use reasonable endeavours to ensure that our site and any Services are available and that our site operates properly at all times.
   6. We may suspend the availability or operation of our site or the availability of any Services on a temporary or indefinite basis as we may, in our sole discretion, determine.
   7. It is expressly clarified that our platform is exclusively intended for the purpose of facilitating the organization of collections exclusively within a private group, specifically designated for the procurement of gifts. In the event that any individual or organization is reasonably suspected of employing our platform services to organize a collection for a cause or campaign or extending invitations to individuals for contributions beyond the confines of a private group, it is hereby stipulated that the aforementioned collection shall be subject to immediate suspension. Furthermore, all contributions received in connection with said collection shall be returned to the respective contributors, subject to the imposition of a fee amounting to 5% of the total contribution amount.
   8. Collections involving activities with an entry fee and a prize, such as gambling, gaming, raffles, betting games, sports betting, fantasy sports, racing, lottery tickets, raffle tickets, auctions, and similar ventures that facilitate games of skill or chance, promotional activities with monetary rewards (including gift vouchers), or sweepstakes are strictly prohibited.
   9. All content added to collections belongs to Givetastic. This includes, Collection Name, Collection Description and all Comments left by contributors. Givetastic can use this text for any purpose.
   10. In all cases, Givetastic reserve the right to cancel a collection and refund all contributors without limitation. In the event of cancelling a collection, we hold the right to charge a fee amounting to 5% of the total contribution amount.

5. Collection Creator Obligations

   1. To register to open a collection, you must be 18 years old and reside in the USA.
   2. The currency for the collection is determined by the Creator at the time of setup. Once established, this selection is final and cannot be modified. We do not offer a service for currency conversion.
   3. The User assumes full responsibility for any and all activity conducted on their respective accounts. The User is obligated to adhere to all applicable laws and regulations in relation to their use of the Service, encompassing but not limited to laws governing data protection, international communications, and the transmission of technical or personal data.
   4. Be advised that by depositing funds into a collection, a contributor is entrusting you, the organizer, with their money. If you, the organizer, or any other contributor to the group, commits fraud by stealing funds, refuses to return funds to the rightful contributor, or uses the funds in an unauthorised manner, this is considered a private matter between the parties involved. We will not intervene in such disputes and bear no responsibility for any losses incurred. Consequently, we will not reimburse you or any other contributor for any lost or stolen funds in such circumstances.
   5. You shall notify us immediately of any unauthorised use of any password or account or any other known or suspected security breach.

   6. You must not:

      1. Misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, including that which may damage, detrimentally interfere with, surreptitiously intercept or expropriate our systems, data or information;
      2. Attempt to gain unauthorised access to our site or any part of it, the servers on which our site is stored or any server, computer or database connected to our site, which you are not expressly entitled to access;
      4. Use any robot, spider, another automatic device, or manual process to monitor or copy our site, or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our site;
      5. Use an anonymising proxy to access our site;
      6. Attack our site via a denial-of-service attack or a distributed denial-of service attack;
   7. Where you are a Creator and paying for the Services, you are hereby granted a non-exclusive, non-transferable, right to use the Services, solely for your own personal use subject to these Terms.
   8. You shall not licence, sublicense, copy, modify, adapt, sell, resell, create derivative works from, transfer, assign, distribute or otherwise commercially exploit or make available in any way to any third party the Service.
   9. If you breach this provision, we have the right to report any such breach to the relevant law enforcement authorities, and third parties whose interests may be endangered by your actions, and we will cooperate with those authorities and persons by disclosing your identity to them. In case of such a breach, your right to use our site will cease immediately.

6. Charges and Fees

   1. If you are a Collection Creator you shall pay all fees or charges to the Company in accordance with the fees and charges specified in the Order.
   2. All fees and charges payable to the Company on the terms specified in the Order or otherwise shall be paid by you at the point of placing the Order.
   3. All payments to the Company in accordance with these Terms and the Order shall be made in USD by electronic transfer to such bank account as the Company may direct from time to time.

7. Bank Transfers

   1. Bank transfers are unavailable in the USA. If this changes, we will update these terms accordingly.

8. Group Collections & Contributions

   1. Our site includes facilities whereby users may make a payment to support group collections which have been arranged by the Collection Creator. Users also have the option to make an additional payment known as a tip. Tips are used to cover card processing fees and any future platform fees.
   2. Our maximum contribution amount is variable; our Payment Service Providers analyses numerous different risk factors associated with each payment and will block any which it deems to be suspicious.
   3. If you are contributing from outside the USA additional charges may be added by your bank or card provider.
   4. Collections can be open to collect payment for a period of up to 60 days from the date of the Order after which no further payments can be made to that Collection Fund.
   5. Once a collection has passed its end date it becomes closed. You may wish to extend the collection but it must not be extended beyond the 60 days from its creation.
   6. When a contribution is made, it is directly allocated to the fund designated for the Collection Creator. Regarding payments, we solely act as the disclosed agent of the Collection Creator, facilitating the collection and transfer of payments for the respective collections. Comprehensive information regarding the identities of the Collection Creators and their contact details can be found on our website. As a result of making a payment, the Collection Creator may coordinate the acquisition of gifts through one of our affiliated Retail Partners.
   7. In the event that the Organizer cancels a Collection prior to the designated expiration or end date (referred to as the Collection Close Date), the Contributor's contribution shall be eligible for refund. The refund will be processed, deducting any applicable service or administrative fees.
   8. Our liability is limited to the circumstances where we fail properly to assist with the collection and remission of payments. Where we fail properly to assist with the collection and remission of payments, our liability shall be limited to the lower of either $300, or the sum which you personally had contributed to that collection. Nothing in these Terms of Use affects your statutory rights and remedies, including under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
   9. Once a collection ends, the creator has 12 months to spend the funds in our Online Store. If the collection is reopened within this period, the spending deadline is reset, giving the creator another 12 months to use the funds. We will make efforts to remind the creator to use the remaining fund through this period.
   10. Givetastic gift cards expire after 2 years. We will make efforts to remind customers that they have remaining funds on their gift card.

   11. If you are a Collection Creator, once a collection has ended, you can:

       1. Use the Collection Fund to purchase a gift e-voucher through one of our Retail Partners (subject to a 0% charge of the total Collection Fund which shall be deducted by us prior to the purchase being complete) subject to the use of that voucher being subject to the Partner Sites specific T&C’s; or
       2. Use the Collection Fund to purchase a gift e-voucher for use in our Online Store; or
       3. Use the Collection Fund to purchase items from our Online Store.
   12. The issue of the gift voucher should be delivered by email within 24 hours of a request being made on a Working Day (Monday – Friday). Collections completed on Saturday and Sunday may take 48 hours. If the voucher is not delivered by email within a 24 hour period then please contact Givetastic support@givetastic.com
   13. If you purchase items from our Online Store as set out above, you must use the entire Collection Fund.
   14. Single Voucher sales to a brand are final. We cannot refund a gift voucher once you have purchased it.
   15. You understand that in the event you make a purchase from the Online Store, you will be subject to our Retail Partners’ terms & conditions (including but not limited to any e-voucher terms, returns, incorrect orders, faulty products or issues with delivery), a copy of which shall be made available to you at the time you place an order.

9. Retail Partner & Online Service Sites

   Our website may enable you to access, use, or interact with third-party websites, including payment processors and gift card fulfilment providers. By agreeing to our terms and conditions, you also agree to the terms, conditions, and privacy policies of these third parties as detailed below.

   1. Our retail voucher partners and online service sites have their own terms and conditions which can be found on their relevant sites.Our partner sites are, www.tillo.io, https://www.tillo.io/terms-conditions.
   3. Our Payment provider Stripe, Inc trading as Stripe – card payment services (terms apply directly between you and Stripe)
      https://stripe.com/connect-account/legal
      https://stripe.com/privacy

10. Payment Process

    1. You must submit to us a request to make a Contribution. We may refuse your Contribution for whatever reason we may in our sole discretion determine.
    2. Upon receipt of your Contribution we shall confirm receipt of such to you using online electronic means only.
    3. You acknowledge that the payment website (Stripe) are websites made available by third parties and as such we do not have control over their operations. We exclude all liability for any damages, loss, costs or expenses relating to or arising out of your use of or interaction with the payment website.

    4. In respect of the Payment Website you undertake and warrant:

       1. To abide by any terms and conditions relating to use of or interaction with the Payment Website; https://stripe.com/legal/ssa
       2. That any information submitted by you to the Payment Website will not be false, inaccurate or misleading; and
       3. Not to engage or attempt to engage in any potentially fraudulent or unauthorised activity or any activity that does or may present a credit or fraud risk to us, the provider of the Payment Website or any third party.
    5. Our service providers may charge other fees to attend to payments. These will be set out on the Payment Website.
    6. We may deduct any sums due from you to us from any sums collected on your behalf, by us or our service providers.
    7. Limits on collection size and Know Your Customer Limits. Our KYC limits are set by our Payment provider Stripe.

11. Cancelling a Collection

    1. Whilst the collection is active a collection creator can request to cancel the collection and request all money be refunded to the contributors. In the event that a collection is cancelled all contributions returned with a 5% fee applied.
    2. In the event a collection has been flagged as fraudulent 100% of the funds will be returned without any fee.

12. Intellectual Property

    1. We own all rights, title, and interest, including all related intellectual property rights, in and to the service provided by the website. This means that the website has the exclusive rights to use, reproduce, distribute, and display any content, software, or other materials that are associated with the service. This includes any patents, trademarks, copyrights, trade secrets, and other proprietary rights that are related to the service.
    2. Other than the right to use the Service as set out in these Terms, users are not permitted to use, reproduce, distribute, or display any of the content, software, or other materials without express permission from the website.

13. Disclaimer

    1. We make no representations or warranties regarding the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service or any content. We do not guarantee:
    2. that the service will be secure, timely, uninterrupted, or error-free, or that it will operate in combination with any other hardware, software, system or data;
    3. that any products, services, information, or other material purchased or obtained through the service will meet your requirements or expectations;
    4. that the service will meet your requirements or expectations;
    5. that the service or the servers that make the service available are free of viruses or other harmful components. The website provides the service and all content "as is";
    6. that any stored data will be accurate or reliable;
    7. that errors or defects will be corrected.

14. Additional Compliance and Verification

    1. We may request additional Know Your Customer (KYC) checks to ensure the account is being used in accordance with these Terms and Conditions.

15. General

    1. We reserve the right to amend these Terms at any time. Your continued use of our site after such amendments will constitute acceptance of the new Terms.
    2. These Terms shall be governed by and construed in accordance with the laws of the U.S.District of Wyoming.
    3. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
    4. These Terms constitute the entire agreement between you and us regarding the use of our site and supersede all prior agreements and understandings between you and us.
    5. If you have any questions about these Terms, please contact us at support@givetastic.com