GiveCircle Terms of Use

1. Applicability

These Terms of Use (“Terms”) are between you and GiveCircle Ltd (“GiveCircle”, “us”, “we”) and provide the general terms and conditions that govern your access to and use of:

(A) The GiveCircle “Website”. The Website refers to any web page hosted on the following domains, including any subdomains: givecircle.com and ndacs-givecircle.com. We may add additional domains to this list at any time;

(B) GiveCircle applications made available through the website, including the GiveCircle Lottery and GiveCircle donation pages (the “Applications”);

(D) Any content, functionality, and services offered on or through the Website, Applications and social media pages.

To make these terms easier to read, items (A), (B), (C) and (D) are collectively referred to as the “Services”.

2. Acceptance of Terms

Your use of the Services in any way signifies that you accept and agree to these Terms, including any modifications that GiveCircle makes from time to time. If you do not wish to be bound by these Terms, you may not access or use the Service.

3. Changes to Terms

We may change these conditions at any time without any notice to you. By continuing to access the Website or use Services, you agree to be bound by the most current version of the terms of use. Please check these terms periodically for any changes that have been made.

4. Age and Geographical Restrictions

You must be at least 18 years old and a resident of Great Britain to access the Services.

5. Access to the Services

The Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third-party. We may, in our sole discretion, change, modify and/or refuse to offer some of all the Services to any person and change the eligibility criteria at any time. Any right to access and use the Services is automatically revoked where these Terms, or use of the Services, is prohibited or conflicts with any applicable law, rule, or regulation.

We reserve the right to withdraw, limit or otherwise modify the Services, in our sole discretion without notice. We will not be liable if for any reason all or any portion of the Services are unavailable at any time or for any period.

You are solely responsible for making all arrangements necessary for you to have access to the Services, including, without limitation, securing internet connections, and for any telecommunication fees.

6. Registering for Services

To enjoy some of our Services, you may be asked to provide certain registration details or other information.

It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third-party rights, is against the law, or that is offensive, obscene, or otherwise objectionable. You agree to promptly notify us if any of your information changes or is inaccurate.

7. Termination of right to use Services

We reserve the right to prevent you from using any aspect of the Services for any lawful reason, including if we determine that you have violated these Terms or that your conduct would tend to damage GiveCircle’s reputation or goodwill.

8. Privacy Policy

Please review the Privacy Policy to learn about what information we may collect from you, what we use that information for and with whom we may share your information.

9. Limited permission to use the Services

Subject to your compliance with these Terms, and solely for so long as you are permitted by us, GiveCircle grants you a licence to use the Services for your personal, non-commercial use only.

The Services, or any element thereof, may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way.

Subject to applicable third-party content-providers’ licences, you may electronically copy and print in hard copy, portions of the Services for your personal use only. You are not permitted to sell or trade in material so copied. Any other use, modification, distribution or republication without the prior written consent of GiveCircle is similarly strictly prohibited.

GiveCircle takes active measures to ensure that no unauthorised use or breach of its intellectual property rights is committed.

10. Acceptable Use Policy

Any use of the Services is subject to our Acceptable Use Policy.

11. Disclaimer

The Services are provided by GiveCircle on an “as is” and “as and when available” basis to users. You use the Services at your own risk.

Whilst every effort is made to ensure the accuracy of the material included in the Services, it is made available for general information only and does not constitute professional or legal advice.

The Services may use, or link to, third party websites and applications. GiveCircle is not responsible for third party websites and applications. The use of third party websites and applications should not be interpreted as an endorsement.

12. Limitation of liability

Under no circumstances will GiveCircle or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of the Services be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:

The use and reliance of the Services; or
The inability to use the Services; or
Mistakes, omissions, interruptions, suspension, termination, deletion of files or email, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to the Services including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to GiveCircle’s records, programs or services; or
Merchandise, products or services received through or advertised on the Services and merchandise, products or services received through or advertised on any links provided on the Services; or
Information or advice received through or advertised on the Services and information or advice received through or advertised on any links provided on the Services; or
Any information, data, text, messages and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using the Services. GiveCircle is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using GiveCircle is done at your own risk and GiveCircle shall not be responsible or liable for any damages or injury that may result from transmitting such information.

13. Miscellaneous

These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and GiveCircle with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.

14. Jurisdiction and Governing Law

These conditions shall be governed by and construed in accordance with the laws of England. GiveCircle controls the Services from within the country of England. It can, however, be accessed from other locations. Although these locations may have different laws from those of England, by accessing the Services you agree that the laws of England, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of the Services. You and GiveCircle also agree to submit to the non-exclusive jurisdiction of the English courts, with respect to such matters. Users of the Services accessing it from places outside of England acknowledge that they do so voluntarily and are responsible for complying with local laws.