Giving Technologies, Inc. (the "Company"), operates the GIVING.TECHNOLOGY platforms and fundraising systems that appear on the Giving.Technology websites ( "Sites").
This document constitutes the general conditions for the use of the Company's sites and fundraising services. Please read the terms carefully. If you do not wish to be bound by these terms, you must stop using and accessing the Sites and request the closure of your account.
These General Terms and Conditions are subject to change and updates from time to time. As a registered user of the platform ("User"), you are responsible for logging into the sites and checking the general conditions and changes made to them. The most up-to-date version of the Terms and Conditions will apply to any future use of the Sites. By registering on the Site, you agree to these general terms and conditions.
These terms are written in masculine for convenience only, but are intended for both women and men.
The purpose of the Sites is to provide fundraising and donor management services to registered non-profit organizations and private fundraisers, as well as any other services provided by the Company to its Users.
a. The User agrees that his use of the Sites is on the basis of AS IS and AS AVAILABLE and that his use of the Sites is at her own risk. The Company will undertake to manage and update the Sites from time to time. During periods of updating and modifying the Sites, they may not be available for use. The Company does not guarantee uninterrupted and secure access to its Sites. Site operations may be interrupted by many factors beyond the control of the Company.
b. Subject to this section, the Company will not be liable in any case (whether due to breach of agreement, negligence or for any other reason) for any loss or damage suffered by the User as a result of using the Sites, including (but not limited to) loss of profits, damages and others, loss of sales, loss of revenue, loss of goodwill, loss of software or information of any kind, loss of transactions, loss or waste of time of employees and management of the user, or any other direct, indirect or special loss.
c. The Company may change the format and content of the Sites from time to time. The User must REFRESH the web pages of the sites, as well as delete their cookies and browser history, each time they re-enter the Sites to ensure that the User uses the latest version of the Sites, including the latest version of these general terms and conditions.
3. Privacy and Confidentiality
a. The Company will collect personally identifiable information including the donor's name, address and email address ("Personal Identification Information") and will protect and secure such information. The Company will follow the instructions of all donors regarding their personal information, in compliance with national and international law. The Company will provide the User with access to a secure, password-protected account, to Sites where the User may access details of donations made to the User, details of payments made to the User and details of donors, as provided by the donors themselves.
b. Confidential information (the "Confidential Information") refers to any data or information relating to the business of the User which would reasonably be considered to be proprietary to the User including, but not limited to, donation records, business processes, and donor records and that is not generally known in the industry of the User and where the release of that Confidential Information could reasonably be expected to cause harm to the User.
c. The Company agrees that it will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which it has obtained, except as authorized by the User or as required by law. The obligations of confidentiality will apply during the term of usage of the Sites and will survive indefinitely upon the User's closure of their account.
4. Ownership of Intellectual Property
a. All intellectual property and related material (the "Intellectual Property") that is developed or made available by the Company on the Sites will be the property of the Company. The User is granted a non-exclusive limited-use license of this Intellectual Property.
b. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Company
c. The User commits that the content it provides to the Company for display on the Sites is as real and accurate as possible, does not violate any law or regulation and does not constitute libel, or infringe on the intellectual property rights of any third party and does not infringe any right or obligation towards any third party.
5. Trademark license
a. The User hereby grants the Company a non-exclusive license to use its trademarks solely in connection with the Sites and their operation and not for any other purpose.
b. The User undertakes not to copy, reproduce or create a tool or product similar to those found on the sites or that the Company has property rights on.
c. The Company, as the site operator, serves as an intermediary between the User and donors using the Sites. Although the information about the User is on the Sites, the User is responsible for the content and its truths. In the event that the Company becomes aware of improper or illegal use of the information contained on the Sites, it will act to remove the information or block access to it. The Company will not be liable to the User as a result of its role as an intermediary.
a. Registration for the Sites and the actions in the account of the User of the Sites do not involve any payment or any fees.
b. When donations are made through the Sites, the Company will charge the User a service fee, as detailed on the Sites.
c. Users may also register for usage of advanced services, which have an additional service fee, as detailed on the Sites.
d. The Company will deduct its service fee from the donations made to the User. In the event that the Company is unable to deduct its service fee from donations, it will collect its service fee from the User is another manner.
a. The period of usage of a User of the sites begins with the approval of the registration for the Sites and continues until the date on which the User notifies the Company in writing of its desire to terminate its usage of the Sites.
b. Usage of the sites by a User who represents a non-profit organization, and that organization's use and access to the Sites and its services, will end immediately in the event that the organization represented by the User ceases to be a legally registered not-for-profit corporation.
c. After a period of 12 months of inactivity (defined here as a period in which the User has not received or fundraised any donations), the Company may close a User's account and remove all data, information, and documentation therein.
8. Capacity/Independent Service Provider
In providing the services under this Agreement it is expressly agreed that the Company is acting as an independent Service Provider and not as an employee. The Company and the User acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The User is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Company during the Term. The Company is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Company under this Agreement.
9. Applicable law
The law applicable to these general conditions is that of the State of Israel and any dispute arising from these general conditions will be under the exclusive jurisdiction of the competent courts in Tel Aviv-Yafo (Israel).
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of these General Terms.
Notices by the User to the Company shall be made in writing and sent by registered mail to: Giving Technology Ltd., Chuchit 19/20, Zichron Yaakov, Israel. These General Terms constitute the entire agreement between the Company and the user regarding the use of the sites and supersede any prior presentation, whether written or oral.
12. Rights of Third Parties
Under Israeli law, a person who is not a party to these general conditions may not enforce any of these general conditions.
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.