Terms of use of the Givt app

Click here for the Terms of use of the Givt app (UK)

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Click here for the privacy statement of Givt B.V.

Terms of use – Givt app
Last updated: 12-04-2018
English translation of version 1.9

1. General
These terms of use describe the conditions under which the mobile application Givt (“Givt”) can be utilised. Givt allows the User (anonymously) to give donations through their smartphone, for example churches, fundraising campaigns and charities that are members of Givt. Givt is managed by Givt B.V., a private company, located in Lelystad (8243 PR), Noordersluisweg 27, registered in the trade register of the Chamber of Commerce under number 64534421 (“Givt B.V.”). These terms of use apply to the use of Givt. Through the use of Givt (which means the download and the installation thereof), you (“The user”) accept these terms of use and our privacy policy (www.givtapp.net/privacyverklaringgivt). These terms of use and our privacy policy are also available on our website to download and print. We may revise these terms of use from time to time.

2. License and intellectual property rights

2.1. All rights to Givt, the accompanying documentation and all modifications
and extensions thereto as well as the enforcement thereof are and remain
the property of Givt B.V. The user is granted solely the rights and authorities
and/or permissions ensuing from the effect of this agreement or which are
assigned in writing, and you may not otherwise use, reproduce or publicly
release Givt.

2.2. Givt B.V. grants the User a non-exclusive, non-sublicensable and
non-transmittable license to use Givt. The User is not allowed to use Givt for
commercial purposes.

2.3. The User may not provide Givt to third parties nor sell, rent, decompile,
submit to reverse engineer or modify it without prior permission from Givt
B.V. Nor should the User, or let others, remove or bypass the technical
provisions that are intended to protect Givt.

2.4. Givt B.V. has the right to change Givt at any time, modify or remove data,
deny the User the use of Givt by termination of the license, limitation of the
use of Givt or deny access to Givt in whole or in part, temporarily or
permanently. Givt B.V. will inform the User about this in an appropriate
manner.

2.5. The User acquires no right, title or interest to the intellectual property rights
and/or similar rights to (the means of) Givt, including the underlying
software and content.

3. The use of Givt

3.1. The User can only give donations to churches, charities, fundraising
campaigns and/or other legal entities that are affiliated with Givt. The donations are done anonymously.

3.2. The use of Givt is at your own risk and expense and should be used in
accordance with the purposes for which it is intended. It is prohibited to
reverse engineer the source code of Givt or to decompile and/or modify
Givt, to make a copy of Givt available to any third party or to remove, delete
or render illegible any designations of Givt B.V. as the party holding rights to
Givt or parts thereof.

3.3. The User is responsible for the correct submission of data such as name and
address details, bank account number and other information as requested
by Givt B.V. to ensure the use of Givt.

3.4. If the User is under the age of 18 he/she must have have the consent of their
parent or legal guardian in order to use Givt. By accepting these terms of
use, the User guarantees that they are 18 years of age or has the permission
of their parents or legal representative.

3.5. Givt is available for the operating systems Android and iOS. In addition to
the provisions set out below, Apple’s App Store or Google Play may attach
conditions to the acquisition of Givt, its use and related matters. For further
information, see the terms of use and privacy policy of Apple’s App Store
and Google Play as well as any other applicable terms and conditions
appearing on the website of the respective provider. This end user licence is
applicable to the agreement between the User and Givt B.V. and does not
apply between the User and the provider of the platform through which you
acquired Givt. That provider may hold you liable for violation of provisions in
this end user licence, however.

3.6. After the User has downloaded Givt, the User is requested to register. In
doing so, the User must provide the following information: (i) name (ii)
address, (iii) phone number, (iv) bank account number and (v) e-mail
address. The privacy policy of Givt B.V. is applied to the processing of
personal data via Givt. The User must inform Givt immediately if any of this
data changes by correcting the information within the app.

3.7. The User may, after installing the Givt app, also choose to only enter an
e-mail address and immediately use the app to donate. After the donation,
the User will be asked to complete the registration procedure. If the User
wishes to do so later, Givt B.V. ensures to only use the User’s e-mail address
to remind the User to finish the registration procedure until this procedure
is finalised.

3.8. The User is responsible for any expenses related to the equipment, software
system and (internet) connection to make use of Givt.

3.9. Givt B.V. provides the related services based on the information the User
submits. The User is obliged to provide correct and complete information,
which is not false or misleading. The User may not provide data with respect
to names or bank accounts for which the User is not authorised to use. Givt
B.V. and the Processor have the right to validate and verify the information
the User has provided.

3.10. The User may at any time terminate the use of Givt, by deleting their
account via the menu in the app or via mail to support@givt.app. Deleting
the app from the smartphone without following aforementioned steps will
not result in deletion of the User’s data. Givt can terminate the relationship
with the User if the User does not comply with these terms and conditions
or if Givt has not been used for 18 consecutive months. On request Givt can
send a listing of all donation data.

3.11. Givt B.V. does not charge the User fees for the use of Givt.

3.12. Givt B.V. has the right to adjust the offered functionalities from time to time
to improve, to change or to fix errors. Givt B.V. will always work to fix errors
within the Givt software, but cannot guarantee that all errors, whether or
not in a timely fashion, be restored.

4. Processing transactions

4.1. Givt B.V. is not a bank/financial institution and does not provide banking or
payment processor services. To facilitate the processing of donations from
the User, Givt B.V. has entered into an agreement with a payment service
provider called SlimPay. SlimPay is a financial institution (the “Processor”)
with which it was agreed that Givt B.V. sends the transaction information to
the Processor in order to initiate and to handle donations. Givt B.V. will,
after the collection of donations, ensure the payment of donations to the
user-designated beneficiary. The transaction data will be processed and
forwarded to the Givt Processor. The Processor will initiate payment
transactions whereas Givt B.V. is responsible for the transaction of the
relevant amounts to the bank account of the Church/Foundation as being
the user-designated beneficiary of the donation.

4.2. The User agrees that Givt B.V. may pass the User’s (transaction and bank)
data to the Processor, along with all other necessary account and personal
information of the User, in order to enable the Processor to initiate the
payment transactions and processing. Givt B.V. reserves the right to change
of Processor at any time. The User agrees that Givt B.V. may forward the
relevant information and data about the User as defined in article 3.6 to the
new Processor to be able to continue processing payment transactions.

4.3. Givt B.V. and the Processor will process the data of the User in accordance
with the law and regulations that applies to data protection. For further
information on how personal data is collected, processed and used, Givt B.V.
refers the User to its privacy policy. This policy can be found online
(www.givtapp.net/en/privacystatementgivt-service/).

4.4. The donations of the User will pass through Givt B.V. as an intermediary.
Givt B.V. will ensure that the funds will be transferred to the beneficiary,
with whom Givt B.V. has an agreement.

4.5. The User must authorise Givt B.V. and/or the Processor (for automatic SEPA
debit) to make a donation with Givt. The User can at all times, within the
terms of the User’s bank, revert a debit.

4.6. Givt B.V. and/or the Processor can refuse a donation if there are reasonable
grounds to believe that a user is acting in violation of these terms or if there
are reasonable grounds to believe that a donation is possibly suspicious or
illegal. In this case Givt B.V. will inform the User as soon as possible, unless
prohibited by law.

4.7. Donations with Givt are subject to the following limits: EUR 1000 per
donation and EUR 25000 per calendar year.

4.8. The User agrees that Givt B.V. (transaction) may pass data of the User to the
local tax authorities, along with all other necessary account and personal
information of the User, in order to assist the User with his/her annual tax
return.

5. Security, theft and loss

5.1. The User shall take all reasonable precautions safekeeping their login
credentials for Givt to avoid loss, theft, misappropriation or unauthorised
use of Givt on their smartphone.

5.2. The User is responsible for the security of his/her smartphone. Givt B.V.t
considers any donation from the Givt account as a user-approved
transaction, regardless of the rights of the User under article 4.5.

5.3. The User shall inform Givt B.V. immediately via info@givt.app or +31 320
320 115 once their smartphone is lost or stolen. Upon receipt of a message
Givt B.V. will block the account to prevent (further) misuse.

6. Updates

6.1. Givt B.V. releases updates from time to time, which can rectify errors or
improve the functionality of Givt. Available updates for Givt will be
announced by means of notification through Apple’s App Store and Google
Play and it is the User’s sole responsibility to monitor these notifications and
keep informed about new updates.

6.2. An update can stipulate conditions, which differ from the provisions in this
agreement. This will always be notified to the User in advance so that they
have the opportunity to refuse the update. By installing such an update, the
User agrees to these new conditions, which will then form part of this
agreement. If User does not agree to the changed conditions, they have to
cease using Givt and have to delete Givt from their device.

7. Liability

7.1. Givt has been compiled with the utmost care. Although Givt B.V. strives to
make Givt available 24 hours a day, it accepts no liability if, for any reason,
Givt is not available at any given time or for a certain period of time. Givt
B.V. reserves the right to temporarily or permanently discontinue Givt
(unannounced). The User cannot derive any rights from this.

7.2. Givt B.V. is not liable for damage or injury resulting from the use of Givt. The
limitations of liability as mentioned in this article shall lapse if the liability for
damage is the result of intent or gross negligence on the part of Givt B.V.

7.3. The User indemnifies Givt B.V. against any claim from third parties (for
example, beneficiaries of the donations or the tax authority) as a result of
the use of the Givt or not correctly meeting the agreements made
concerning legal or contractual obligations with Givt B.V. The User will pay
all damages and costs to Givt B.V. as a result of such claims.

8. Other provisions

8.1. This agreement comes into effect on commencement of the use of Givt and
will remain in force for an undetermined period from that moment. This
agreement may be terminated by the User as well as by Givt B.V. at any
moment, subject to one month’s notice. This agreement will end by
operation of law in the event you are declared bankrupt, you apply for a
moratorium on payments or a general attachment is levied against your
assets, in the event of your death, or in the event you go into liquidation, are
wound up or dissolved. Following the termination of this agreement (for
whatever reason), you shall cease and desist from all further use of Givt. You
must then delete all copies (including back-up copies) of Givt from all your
devices.

8.2. If any provision of these terms and conditions is void or destroyed, this will
not affect the validity of the agreement as a whole, and other provisions of
these terms remain in force. In that case, the parties will decide on a new
replacement provision or provisions which will be in line with the intention
of the original agreement as far as is legally possible.

8.3. The User is not allowed to transfer the rights and/or obligations arising from
the use of Givt and these terms to third parties without prior written
permission of Givt B.V. Conversely, Givt B.V. is allowed to do so.

8.4. Any disputes arising from or in connection with these terms are finally
settled in the Court of Lelystad. Before the dispute will be referred to court,
we will endeavor to resolve the dispute amicably.

8.5. The Dutch law is applicable on these terms of use.

8.6. The terms of use shall not affect the User’s statutory rights as a consumer.

8.7. Givt B.V. features an internal complaints procedure. Givt B.V. handles
complaints efficiently and as soon as reasonably possible. Any complaint
about the implementation of these conditions by Givt B.V. must be
submitted in writing at Givt B.V. (via support@givt.app).