Terms & Conditions
These terms and conditions apply to the Give as you Live Corporate fundraising platform at corporate.giveasyoulive.com.
We also have separate documents that cover:
- Privacy and data
- Give as you Live Donate terms (regarding donations and fundraising pages)
- Give as you Live Online terms (regarding online shopping)
If you use other products and services from Give as you Live Ltd, as a corporate fundraiser, additional policies may apply - you should check the relevant website(s) for those additional policies.
This policy was last updated on 3rd November 2022.
1.2 Formal notices
Give as you Live Ltd ("Give as you Live", "we", "us" or "our") is a registered company in England & Wales (company number 5181419), with registered offices at 13 The Courtyard, Timothy's Bridge Road, Stratford-upon-Avon, Warwickshire, CV37 9NP, United Kingdom.
We provide software products and related services to charities, companies, donors and online shoppers via the Give as you Live platforms.
You, as the corporate entity, wish to use the Give as you Live corporate fundraising platform, products and services. By creating the corporate account you agree to these Terms ("Customer", "you", or "your"). These Terms along with the online registration form ("Order Form") constitute the agreement between you and us (collectively referred to as the "Agreement").
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 Give as you Live products and services. The latest version of these terms and conditions will govern any future usage by you of Give as you Live products and services.
2.0 About our product
2.1 Commencement and term
The term of this Agreement (the "Term") shall commence on the Effective Date and shall continue for 12 months.
Where a Free Subscription period is offered the term remains 12 months from the Effective Date.
Where a monthly Subscription is offered the minimum subscription period is for 6 months after which time the monthly subscription can be cancelled at any time before the next monthly subscription fee is due. The annual Subscription period is for 12 months from the Effective Date with automatic annual renewals unless cancelled on one month's written notice before the relevant anniversary date. For both monthly and annual subscriptions, access to the paid features on the Website remain until then end of the subscription term.
2.2 Our obligations to Customer
In consideration of your completed registration and where applicable payment of the Subscription Fee for use of the Give as you Live corporate platform, we will provide the services as listed on the Administration page at corporate.giveasyoulive.com ("the Services") in accordance with the terms of this Agreement.
Our Services and Software are compatible with Google Chrome 90+, Microsoft Edge 90+, Mozilla Firefox 80+, Safari 14+ and the latest mobile versions of Safari and Google Chrome. Our Services and Software may not work identically, efficiently and effectively with other browser types or may not operate.
2.3 Customer's responsibilities
The Customer acknowledges that the provision of the Services is dependent upon the Customer's full and timely co-operation (which the Customer agrees to provide), as well as the accuracy and completeness of any information and data provided. Accordingly, the Customer agrees to provide us with access to, and use of, all information, data and documentation reasonably required by us for the performance by Give as you Live of its obligations under the Agreement.
Customer agrees that by registering and creating an account with Give as you Live, additional administrators and users may be added to the Give as you Live account by Customer or by Give as you Live, at Customer's request, making it accessible by any of Customer's staff and that Customer is responsible for ensuring that appropriate settings and internal Customer procedures are in place for appropriate users to have access to the Customer's Give as you Live account.
2.4 Subscription fee
Where you elect for a subscription service on your registration, Give as you Live charges the Subscription Fee to the Customer for access to the Services. The Customer agrees to pay this fee in advance either monthly or annually on a designated day (the "Due Date") as agreed on an ongoing basis, with automatic renewal. In accordance with clauses 2.3 (Commencement and Term) and 3.13 (Termination), Give as you Live or the Customer may give notice to terminate the Agreement before a renewal, but in the case of any Subscription Fee due or paid in advance, there shall be no refund.
Where you select a subscription free package, you may update to a subscription package at any time.
Where a Free Trial Period is offered, the subscription fee will be charged at the end of the Free Trial Period unless cancelled prior to the end of the Free Trial Period as defined in the promotional offer.
All charges are exclusive of VAT at the applicable rate.
2.5 Matched funding
Our Matched Funding service allows the Customer with paid subscription packages only to set up automated payments equal to the value of donations made via their pages on the Give as you Live websites. The Customer can set the conditions on which such payments are made; for example including (but not limited to) the time window during which qualifying payments can be made, minimum and maximum total payment values, and eligible date ranges. It is the Customer's responsibility to ensure those conditions are correct.
If any errors in Matched Funding payments are made, it is the Customer's responsibility to inform us immediately in writing. Once so notified, we will use our reasonable efforts to facilitate a refund however we cannot guarantee this and cannot be held liable where no refund is made or for any shortfall or for any bank fees you may be charged as a result of the payment(s).
Each of the parties warrants to the other that it has full power and authority to enter into and perform this Agreement.
Both the Customer and Give as you Live agree to fully comply, and will at all times continue to, fully comply with all applicable laws, statutes and regulations, including, without limitation, all privacy laws and anti-spam legislation.
2.7 Intellectual property rights
All Intellectual Property Rights in the Give as you Live software ("Software") and any output of the Services, but excluding materials supplied by registered charities and their respective domain names, arising in connection with this Agreement shall be the property of Give as you Live, and Give as you Live hereby grants the Customer a non-exclusive, non-transferable, revocable licence of such Intellectual Property Rights for the purpose of the Services for the Term.
Give as you Live shall indemnify the Customer against all damages, losses and expenses arising as a result of any action or claim that the Software infringe the Intellectual Property Rights of a third party.
This indemnity is subject to the conditions that:
- the Customer promptly notifies Give as you Live in writing of the claim;
- the Customer makes no admissions or settlements without Give as you Live's prior written consent;
- the Customer gives Give as you Live all information and assistance that we may reasonably require; and
- the Customer allows Give as you Live complete control over the litigation and settlement of any action or claim.
This indemnity may not be invoked to the extent that the action or claim arises out of the Give as you Live's compliance with any designs, specifications or instructions of the Customer or its agents.
2.8 Data protection
Give as you Live and the Customer acknowledge that for Donation and Fundraising Products:
- the Customer is the data controller and Give as you Live is the data processor for all Personal Data collected by Give as you Live through custom fields added by or at the request of the Customer; and
- Give as you Live is the data controller for all other Personal Data collected from users during initial registration and for the purposes of processing donations, processing registrations, creating fundraising pages and providing services to users.
Where Give as you Live acting as a data controller shares personal data about users with the Customer, the Customer shall be an independent data controller for all such personal data from the point of receipt.
3.0 Further terms and conditions
The names Give as you Live™, giveasyoulive.com, the Give as you Live© logo and any other product and service names that we may present may not be used in connection with any product or service that is not Give as you Live's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Give as you Live.
Other trademarks, service marks or logos that appear on our services - including, but not limited to, those of our charity, retailer and corporate partners 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.
All aspects of the Give as you Live service are protected by copyright. All content is owned by Give as you Live Ltd, our supported charities, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws.
Give as you Live, 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 Give as you Live Ltd, and, where applicable, the copyright holder. Enquiries and permission requests may be sent to email@example.com.
For the purposes of this Agreement, "Data Protection Legislation": means the Data Protection Act 2018, and the EU General Data Protection Regulation (EU 2016/679) as it forms part of domestic law in the United Kingdom by virtue of section 3 of the European Union Withdrawal Act 2018 including as further amended or modified by the laws of the United Kingdom or of a part of the United Kingdom ("UK GDPR"); and any replacement or supplementary legislation applicable to the processing of Personal Data applicable in the United Kingdom from time to time to time; and any other applicable laws relating to the processing of Personal Data.
"Data controller", "data subject", "personal data", "data processor" and "processing" shall have the meanings ascribed to them in Data Protection Legislation.
Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
Give as you Live processes personal data on behalf of the Customer in the way specified in Clause 2.8 of this Agreement and by collecting, sorting, saving, transferring, restricting and deleting in the way specified in this Agreement. In doing so, Give as you Live is acting as data processor under Data Protection Legislation.
The following types of personal data relating to donors, fundraisers and supporters employed by the Customer and using the Services will be processed by Give as you Live during the term of this Agreement:
- registration information that may include first name, last name, address, e-mail address, phone number, postal address, social media and other fields used for end user communication and account maintenance;
- custom fields specified by the Customer through Give as you Live's dashboard.
The personal data is processed by Give as you Live for the following purposes:
- to manage user accounts, and to respond to end user queries or comments;
- make payments to the Customer choice of charity or charities for donations or other transactions;
- store custom data and other fields within a cloud based dashboard for the Customer to search, manipulate and export;
- other purposes that the Customer and Give as you Live may agree from time to time in writing.
Give as you Live and Customer each agree that in relation to any personal data processed in connection with the performance of its obligations under this Agreement, it will observe all its obligations under the Data Protection Legislation.
The Customer authorises Give as you Live to outsource or sub-contract the processing of information subject to ensuring the same data protection obligations as set out in this contract or other legal act between the Customer and Give as you Live shall be imposed on that other processor by way of a contract or other legal act under the Data Protection legislation.
Each party to this Agreement undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted immediately below.
Each party may disclose the other party's confidential information:
- to its employees, officers, representatives, sub-contractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Agreement. Each party shall ensure that its employees, officers, representatives, sub-contractors or advisers to whom it discloses the other party's confidential information comply with this clause 3.5; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
3.6 Changes to the service
Give as you Live will make every effort to ensure that the 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.
You agree to indemnify Give as you Live 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, neither do we accept liability for any resulting damage or loss.
3.8 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.
3.9 Links to external websites
Give as you Live links to many other websites for information and as a service to our users. The external websites are subject to the relevant third party's standard terms. They 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 or for any of their products or services. 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.
3.10 Unauthorised use of our website
If it is found that the Give as you Live service 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 or fundraising campaign may become voided.
3.11 Virus disclaimer
We take all reasonable effort to test material before making publicly available. In the very unlikely event of any loss, disruption or damage, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur whilst using Give as you Live or any material derived from our service.
The Give as you Live service and website is provided 'as is', without any representation or endorsement made and, except for clause 2.6 above, 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 bugs or viruses or represent the full functionality, accuracy, reliability of the materials.
Nothing in this Agreement shall operate to exclude or limit either Party's liability for:
- death or personal injury caused by its negligence;
- fraud; or
- any other liability which cannot be excluded or limited under applicable law.
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 Give as you Live. We shall not be liable to the Customer for:
- any damage to software;
- damage to or loss of data;
- loss of profit;
- anticipated profits;
- anticipated savings;
- goodwill or business opportunity;
- any indirect or consequential loss or damage; and
- damage or loss related to unavailability of the Services and/or Software.
Subject to clause 3.12 (paragraph 3) above, Give as you Live's aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with this Agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed £500 (five hundred pounds sterling).
Use of Give as you Live 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.
You may discontinue use of Give as you Live at any time by submitting the cancellation instruction available in the Customer administrator account and such request must be from an authorised person from the Customer. Upon termination of the Agreement by the Customer, all outstanding Subscription Fees, or other amounts, will become due immediately and must be paid to Give as you Live without undue delay. Cancellation of the automatic payment method used by the Customer to pay the Subscription Fee will not amount to termination under the Agreement. These terms and conditions will continue to apply to past use by you.
Give as you Live may terminate the Agreement, with or without cause and without paying termination fees, fees or amounts, at any time giving written notice to the Customer. Any subscription fees will be refunded on a pro-rata basis from the beginning of the current subscription period.
On termination of this Agreement all licences granted by Give as you Live under this Agreement shall terminate immediately. Upon written request of the Customer, which must be served within 14 days of termination, Give as you Live will provide a copy of the personal data provided by Visitors (as defined in Schedule 1), only to the extent Visitors have provided their consent to such a transfer. No other data, including but not limited to, database logs or Meta data, will be provided to the Customer.
3.14 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 and each such change will be effective upon posting on the website or upon the date designated by Give as you Live as the "effective date" (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms as so modified.
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.
3.16 Force Majeure
Save for the obligation to pay Subscription fees where applicable, neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for one (1) month, the party not affected may terminate this Agreement by giving 14 days' written notice to the affected party.
Day to day communications between the Parties will be conducted by letter, phone or email using the main contact details provided by the Customer, or by a message posted to the Give as you Live website.
Any notice to the Customer under or in connection with these Terms, shall be given in writing (including email) to the main contact that you have provided to us.
This clause 3.17 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
The Customer acknowledges that during the Term of the Agreement, Give as you Live may feature the Customer on any Give as you Live webpage including webpages on the Corporate Platform.
Neither party may assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed.
3.20 Entire Agreement
This Agreement constitutes the entire Agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
3.21 Governing law
These terms and conditions shall be governed by the laws of England. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England. You hereby consent to the exclusive jurisdiction of the England courts in all disputes arising out of or relating to the use of Give as you Live.
3.22 Third party rights
A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
4.0 SCHEDULE 1 - WEBSITE PRODUCT
The following are definitions of our terminology used in this Schedule 1:
- Add-on Packages: additional services for branded charitable fundraising campaigns.
- Domain Name: the URL used by the Customer for the Website.
- Visitor: a visitor to the Website being an employee or other authorised user of the Customer.
- Website: the website at the domain name, to be hosted by Give as you Live pursuant to the Agreement.
- Website Specification: the basic specification as set out in this Schedule 1.
4.2 Website Products
In consideration of payment of the Subscription Fee, Give as you Live will provide the Website to the Customer, which will include:
- access to the Website;
- hosting the Website on its Server;
- providing reasonable support services via email; and
- such other services as agreed by the Parties.
Add-on Packages may be provided by Give as you Live for subscription services only.
For a period of seven (7) days from the delivery of the Website to the Customer, the Customer may make reasonable requests for alterations to the Website in order to repair any bugs/errors (the "Alteration Period"). Following the Alteration Period the Website will be deemed delivered to the Customer. For the avoidance of doubt, the Alteration Period will not apply to any future repairs or alterations to the Website or other Services.
The Domain Name is the property of the Customer and will remain so following the termination of this Agreement. For the avoidance of doubt, the Website, and the Software, will remain the property of Give as you Live and the Customer may not transfer the Website to another service/hosting provider following termination.
4.3 Website Specification
The Website provided by Give as you Live will use a standard template developed by Give as you Live for the corporate sector, with minor customisation for the Customer. The Website will meet the following specification:
- the Website will be in line with the standard template on the home page
- the Customer may add an unlimited number of additional pages from within the Website admin area. Give as you Live offers Subscription packages with additional Services which include branded campaign pages and individual fundraising pages; and
- the Website:
- will allow text and images to be added as per the standard template
- will allow colours to be changed for Customers with a paid subscription
- will allow Visitors to sign up to Give as you Live services and link their account with the Customer’s corporate entity
- will allow Visitors to create individual fundraising pages
- will allow Visitors to make donations to existing campaign and fundraising pages
- will offer additional functionality that Give as you Live may add
4.4 Add-on Packages
Where the Customer has elected to receive the Add-on Packages and in consideration of payment of additional Subscription Fees, Give as you Live will provide the following:
Corporate Package - where the Customer has elected to receive the Corporate Package and in consideration of payment of the subscription fees, Give as you Live will provide the following paid for features:
- Custom branding
- Matched funding
- Additional reporting
- Additional marketing tools
Support Package - where the Customer has elected to receive the Support Package and in consideration of payment of additional Subscription Fees including a twelve month minimum contract, Give as you Live will provide a reasonable amount of telephone support, training, content implementation and email set-up which include:
- Content implementation - The Customer will provide Give as you Live with content ("Content") for an additional two (2) pages on the Website which will be created by Give as you Live. This Content must be provided by the Customer within 14 days of registering for the Support Package. If the Customer would like to add more than two (2) pages to the Website, the Customer must provide Give as you Live with the relevant content and Give as you Live will provide a quote for the additional pages;
- Telephone support - a reasonable amount of telephone assistance, at the discretion of Give as you Live, to help guide the Customer through any Website changes;
- Training - Give as you Live will provide the Customer one (1) hour of one to one or group training on how to use the Website's features, such as, making changes and adding content; and
- Alterations - Give as you Live will make content alterations on up to two (2) pages per calendar month.
4.5 Customer Obligations
The Customer shall be responsible for the accuracy and completeness of the Content on the Website in accordance with clause 6 of this Schedule 1.
The Customer must maintain the confidentiality of the Customer's Website login and password. The Customer is responsible for all use of the Website under the Customer's login and password whether or not authorised by the Customer. The Customer must notify Give as you Live immediately of any unauthorised use of the Customer's login or password.
4.6 Website Content
Give as you Live may update the Website with Content provided from time to time by the Customer. The Customer shall ensure that the Content do not infringe any applicable laws, regulations or third party rights (including material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or in breach of any third party Intellectual Property Rights) and are compliant with our Acceptable Use Policy ("Inappropriate Content").
Give as you Live shall grant the Customer access to the administration page on the Website in order to update information held on the Website.
Give as you Live reserves the right to remove Content from the Website where it reasonably suspects such content is Inappropriate Content. Either party shall notify the other party promptly if it becomes aware of any allegation that any content on the Website may be Inappropriate Content.
The Customer shall indemnify Give as you Live against all damages, losses and expenses arising as a result of any action or claim that the Content constitute Inappropriate Content.
Give as you Live may include the statement "Designed by Give as you Live" on the home page of the Website.
Following termination of the Agreement, at its discretion, Give as you Live may maintain the Website and the supporting content and data, for audit or other record retention purposes.