GIVLEY WEBSITE TERMS OF USE POLICY
Last Updated: March 10, 2021
Your use of the Givley website (the “Site”) constitutes your agreement to this Terms of Use Policy (the “Terms”). Please read these Terms carefully, and keep a copy of them for your reference.
Welcome to Givley! Givley is offered as a platform that will allow an individual to donate (the “Donor”) or ask for help (the “Recipient”), from Donors, to purchase items they are in need of. Givley partners with various retailers to offer a cart (“Recipient Cart” or “Cart”) to build with items such as groceries and other essential household products available from the specific retailer(s); a Donor may, at their discretion, make monetary donations (“Donations”) through the Givley platform (the “Services”) to help purchase the items in the Cart.
By visiting the Site you are accepting the practices described herein, as well as the details of our Privacy Policy. If you do not accept these provisions in their entirety, you should not continue to use this website.
The Services you have accessed and all of its contents as a whole and in part are protected by copyright, trademark, service mark, trade name and other intellectual property, and are owned or controlled by Givley, LLC. Givley retains all right, title and interest in the service and all proprietary rights in the Services, including without limitation copyrights, patents, trademarks, service marks and trade names.
Registration With Givley: You will be required to register with Givley as a Donor and/or Recipient, in order to use the Services. If you choose to register with Givley, you agree to provide and maintain true, accurate, current, and complete information about yourself or a nominated Recipient. If you are using Givley to nominate a Recipient, you must register using their true identities, including their name, address and any image purporting to depict the Recipient in need. You agree to keep registration information current and up to date.
Children Under Thirteen: Givley does not knowingly collect, either online or offline, personal information from anyone under the age of 13. If you are under the age of 13, you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services only with the approval of your parent or guardian.
Platform Access: Access to the Site, and use of the Services, may be terminated at any time for any reason or for no reason by the user or Givley. You are responsible for maintaining the confidentiality of your password and account. Further, you are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify Givley of any unauthorized use of your password or account or any other potential security issues, and sign out from your account at the end of each session when accessing the Site. Givley will not be liable for any loss or damage arising from your failure to comply with this provision.
You acknowledge and agree that Givley may, in its sole discretion, but has no obligation to, monitor any user-posted information or content; post, alter, remove, or refuse to post any user-provided content. It is Givley’s right to operate the Site; protect the rights and properties of Givley, its users, and third parties; to comply with any and all legal obligations; to enforce these Terms; and/or for any other legitimate reason or purpose.
Givley is not responsible for monitoring any user content. If notified of allegedly illegal or offensive conduct, Givley may investigate the allegation and determine, in its sole discretion, whether to remove or request the removal of such user content from the Site. However, Givley cannot ensure prompt editing or removal of questionable user content after online posting. Accordingly, Givley shall not assume any liability for user content or third party conduct, communication or information on the Site.
By using the Site, you agree that you will not individually, or as part of any collective effort, submit or post information to this Site that could be deemed harmful or offensive to other users, nor will you impersonate another user in order to hide your identity or implicate another in such actions. You also agree to do nothing that will affect use of this Site that may impact the Services in any harmful way. You understand that the result of harmful or offensive actions may include revocation of your right to use this site and any of the benefits you may have received and legal action against you
Recipients: You, as a Recipient, represent, warrant, and covenant that all information you provide in connection with this Site is accurate, complete, and not likely to deceive reasonable Donors. All Donations contributed to your Recipient Cart will be used solely as a means to pay for the items in your Recipient Cart. If you decide to not use the Recipient Cart after Donations have been made, you relinquish control of the Donations. You will not infringe the rights of others and you will comply with all relevant and applicable laws.
Recipient Carts: Givley partners with certain retailers to offer items such as food and other essential household products for a person facing hardship. Givley will do its best to ensure that a Recipient Cart is following the guidelines of what is allowed and what is a prohibited item for sale using the Services. Givley has no control over the conduct of, or any information provided by a Recipient and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
Givley does not guarantee that a Recipient Cart will obtain the required amount of Donations or any Donations at all. We do not endorse any Recipient Cart, user, or cause. We expressly disclaim any liability or responsibility for the outcome or success of any Recipient Cart. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Recipient Cart and/or the general fund.
Givley, in its sole discretion, will not allow the purchase of certain items with partnered retailer’s. Givley reserves the right to update and change the list of allowed and prohibited items. Current prohibited items include, but are not limited to; alcoholic beverages and tobacco products.
Donors: All Donations are at your own risk. When you make a donation through the Site, it is your responsibility to understand how your money will be used. Givley attempts to verify the information that users supply, we do not represent or guarantee that all of the information given is accurate. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of Donations very seriously. Donors are not permitted to impose restrictions on the use of Donations made to the General Donation Fund. A Donor may control the amount of Donations to individual accounts, if that is how they decide to use the Site. In order to contribute to a Recipient Cart, a Donor will be required to provide Givley with personal information, this includes credit card or other payment information that is linked to the Donor’s account on the Site. You, as a Donor, represent and warrant to Givley that such information is true and that you are authorized to use the payment method uploaded for use.
Donations: When a donation is made, Givley will use 18.73% of the donated amount to pay for platform and administrative services. You acknowledge and agree that Givley retains control over all donated funds and may, in the event that (1) a Recipient Cart is no longer available or fully funded, or (2) Givley receives a donation amount payable to Givley that does not reference a specific reason or Recipient Cart, the donated funds will be allocated to Givley’s general fund.
Refund Policy: You agree that all Donations are final and will not be refunded unless Givley, in its sole discretion, agrees to issue a refund. Protecting your generosity is our top priority. If Givley finds that a cart you funded was fraudulent, then you may be eligible for a refund.
Account Holds: From time to time, Givley may, in its sole discretion, place a hold on a Recipients Cart or Donor’s account. Reasons for an account to be placed on hold is to verify a suspect account (in our sole discretion) if we think information provided by a user is false, misleading or fraudulent activity, including, but not limited to if Givley determines that any Recipient is colluding with any Donor to engage in fraudulent activity.
Payment Information: Givley is not a payment processor. Givley uses third-party payment processing partners to process Donations. You may need to register with these third-party payment processors to make a payment. You agree to the exchange of information with these payment processors in order to facilitate these payment services.
No Unlawful or Prohibited Use/Intellectual Property: You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Givley that you will not use the Site for any purpose that is unlawful or prohibited by these terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Givley and/or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Gively content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Givley and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Givley or our licensors except as expressly authorized by these Terms.
Governing Law: The Site, any information provided from it and the Terms are given and made in the state of Utah. THIS TERMS OF USE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS TERMS OF USE AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SALT LAKE COUNTY IN THE STATE OF UTAH.
Liability Disclaimer: YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICES THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GIVLEY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GIVLEY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIVLEY EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
GIVLEY AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIVLEY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISIONS OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GIVLEY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
General Terms: Givley reserves the right to refuse, condition, or suspend any Donation or other transaction if we believe in our sole discretion may violate the Terms or harm the interests of our users, business partners, the public, or Givley, or that expose you, Givley, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services. The failure of Givley to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms without the prior written consent of Givley, but Givley may assign or transfer these Terms, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via email to the address you have provided. Givley may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Site. Givley may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms shall prevent Givley from complying with the law. Givley shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Contact Information: Givley, LLC 7984 S 1300 E, Sandy, UT 84094 Phone: (801) 413-7101
Right To Modify Site: We may modify these Terms to reflect the changes in market conditions affecting our business, changes in our business, changes in payment methods, changes in technology, changes in relevant laws and regulatory requirements and changes in our system. If we do so we will notify you by email to the email address you have provided us with, however we are not obligated to, and such modification shall be effective upon the posting of the revised Terms on the Site. You agree to be bound by the changes to the Terms when you use our Site and Services after any such modification is posted on the Site. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.