Terms of use – Givt-app

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Terms of use – Givt app
Last updated: 27-02-2018
English translation of version 1.7

1. General
These terms of use describe the conditions under which the mobile application Givt (“Givt”) can be utilized. Givt allows the User (anonymously) to give donations through his/her smartphone, for example churches, funds or foundations 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 (“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 vested in Givt B.V. User is granted solely the user 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 adjust Givt at all times, modify or remove data, to 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, foundations, funds and/or other legal entities that are affiliated with Givt, or have a relation with Givt B.V. with an ANBI status or for any reason are reckoned to be under tax-deductible gifts by local tax authorities. 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 delivery 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 shall have the consent of his/her parent or legal guardian for the use of Givt. By accepting these terms of use, the User guarantees that he/she is 18 years of age or has the permission of his/her 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 User and Givt B.V. and does not apply between 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 immediately adjust the changes of data in Givt at the moment these changes occur.
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.
3.8 The User takes on own expenses to have the necessary 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 authorized 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 or erasing Givt from his/her mobile smartphone. Givt B.V. 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 B.V. can send a listing of all donation data.
3.11 Givt B.V. does not charge 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 4.2 to the new Processor to be able to continue processing payment transactions.
4.3 Givt B.V. and the Processor will process data of the User in accordance with the law and regulations that applies to data protection. For further information on how personal data are collected, processed and used, Givt B.V. refers the User to its privacy policy. This policy can be found online (www.givtapp.net/privacyverklaringgivt) where it will be updated.
4.4 The donations of the User will pass through Givt B.V. as 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 initiate a payment (via PayPal) or authorize 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, reverse 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: 1000 EUR 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 his/her login credentials of Givt to avoid loss, theft, misappropriation or unauthorized use of Givt on his/her 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@givtapp.net or +31 320 320 115 once his/her 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 functioning of Givt. Available updates for Givt will be announced by means of notification through Apple’s App Store and Google Play and it is 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 User in advance so that User has the opportunity to refuse the update. By installing such an update, User agrees to these deviating conditions, which will then form part of this agreement. If User does not agree to the changed conditions, he/she has to cease using Givt and has to delete Givt from his/her smartphone and/or tablet.

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 safeguards Givt B.V. for all possible claims 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 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 systems.
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, you and 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@givtapp.net).