GivingWay.com Terms and Conditions
Last updated: July 11, 2018
Welcome to GivingWay.com, a website provided to you by Volunteer Directly Ltd. ("VD", "we", "us" and "our"). GivingWay.com is an interactive site, social network, and community for connecting volunteers and nonprofit organizations throughout the world.
We welcome individuals ("Volunteers") and eligible nonprofit organizations ("Organizations") that wish to seek volunteering opportunities and/or appropriate volunteers on a worldwide basis. When not specified otherwise, Volunteers and/or Organizations shall be collectively referred to as "Users", "you" or "your".
Scope and Changes. These Terms and Conditions ("Terms and Conditions") govern your use of the website located at http://www.givingway.com (the "Site"), Web applications (if and when applicable), mobile applications and online services (which collectively will be referred to as the "Services") provided to you by VD.
VD may, in its sole discretion, make changes to these Terms and Conditions, from time to time with or without notice to you. Each time changes are made to these Terms and Conditions, a revised version will be posted on this page. You can determine when the Terms and Conditions were last modified by checking the "Last updated" notice on the top of the Terms and Conditions. Your continued use of the Services following such changes constitutes your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of these Terms and Conditions. At all times, the latest version of these Terms and Conditions shall be binding and prevail over any other version.
Services Eligibility. You may not use the Services and may not accept these Terms and Conditions (a) If you are a Volunteer, you are not of legal age to form a binding contract with VD and/or Organizations in the territory where you reside; or (b) if you are a person barred from using the Services under any applicable law including the country in which you are resident or from which you use the Services. Subject to applicable law, VD may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
Organizations Eligibility.. If you are an Organization you represent and warrant that you are a not-for-profit organization, a community-based organization, a social enterprise or government agency (other than a military or intelligence agency) duly registered under applicable laws and that your Organization’s goals, objectives and activities are compliant with all applicable laws. In addition, you represent and warrant that your Organization does not own, operate, manage, cater to and/or work with orphanage/s and/or any other residential institution/s that houses and caters to minors whose biological parents are deceased or otherwise unable or unwilling to care for. Without derogating from any other terms set forth in these Terms and Conditions, VD reserves the right at its sole and absolute discretion to suspend or terminate any Organization’s activity (including removal of profile) on the Site if VD considers such Organization to be in violation of the terms of this section 3. Without derogating from any of the foregoing, any use of the Services by Organizations is subject to the Data Processing Addendum attached to these Terms and Conditions.
User Account. No registration is required in order to browse profiles of Organizations and Volunteers and the information provided on such profiles. However, some features of the Services (such as contacting Organizations/Volunteers and writing reviews) may require you to sign up (or log in if you already have an account), which may be done using the third party authentication service of Facebook. We reserve the right to either discontinue such registration process or use any other service at any time. We reserve the right to change this at any time, requiring you to re-register with our Site through our registration process with our unique account.
You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify VD immediately of any unauthorized use of your account or any other breach of security. VD will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by VD or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the express permission of the account holder.
Staying Within GivingWay's Messaging System. GivingWay is a community-based platform where Volunteers and Organizations connect, communicate and work together. In order for VD to support and assist its community members it is important to stay within the platform and not move communications outside of our messaging system. Requesting or providing private Email addresses, Skype/IM usernames, telephone/WhatsApp numbers or any other personal contact details to communicate outside of VD’s messaging system is not permitted.
Rules of Conduct. As a condition of use, you agree to use the Services solely for lawful purposes and not to use the Services for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with the Services. By way of example, you shall not (and shall not permit any third party to) either (a) take any action or (b) download, upload, submit, post, or otherwise distribute or facilitate distribution of any Content or User Submission (as defined below) on or through the Services that:
- is illegal, threatening, abusive, invasive of any person's privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as VD may determine in its sole discretion;
- violates any right of publicity, or other right of any person or entity, or any law or contractual obligation;
- infringes any patent, copyright, trademark or other intellectual property right;
- constitutes unauthorized or unsolicited advertising, junk or bulk email;
- involves commercial activity not expressly permitted by VD;
- contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data, password or other information of VD, its users, or any other individual or entity; or
- impersonates any individual or entity, including, without limitation, employees or representatives of VD.
Proprietary Rights. VD retains sole and exclusive ownership of all rights, title and interests in the Services and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Services and the technology related thereto. This provision shall survive termination and expiration of these Terms and Conditions and shall remain in full force and effect thereafter. Without derogating from any of the provisions herein, you agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute or use the Services (or any part thereof, or any software underlying the Services), other than as expressly authorized by VD.
Content. For purposes of these Terms and Conditions, the term "Content" includes, without limitation, comments and information, data, text, photos, videos, graphics, in static or interactive feature, which is provided or otherwise made available to you through the Services. VD Content means Content owned by or licensed to VD. VD may not monitor or control Content posted by users of the Services (including, without limitation, User Submissions) or other individuals or entities (such as, merchants or advertisers), and cannot be responsible for such Content. Any use or reliance on any Content posted through the Services or obtained by you through the Services is at your own risk.
VD grants to you a non-exclusive, non-transferable, non-sublicensable, royalty-free license to use the VD Content, solely for your personal use. You are prohibited from using, including, without limitation, copying or making any alteration of or derivative works based upon, the VD Content for any purpose other than your own personal use and at all times subject to these Terms and Conditions.
User Submission. VD enables you to add, create, submit, distribute or post certain Content, including, without limitation, text, photos, videos, data, graphics, and information (including, without limitation, personal information and location-based services information) (each, a "User Submission") through the Services. By submitting any User Submission on or through the Services, you
- acknowledge that you are publishing such User Submission, and that you may be identified publicly by your User Name in association with such User Submission;
- understand that whether or not such User Submission is published, VD does not guarantee, and is not under any obligation of, confidentiality with respect to any User Submission, and agree that any User Submission provided in connection with the Services is provided on a non-proprietary and non-confidential basis;
- represent and warrant that you own or have all necessary rights and permissions to use and authorize VD and users of the Services to use all intellectual property rights in and to any User Submission, and to enable inclusion and use thereof in connection with the Services;
- represent and warrant that your User Submission does not infringe or violate the rights of any third party, including, without limitation, any copyright, trademark, patent, or other intellectual property or proprietary right, or any right of privacy;
- grant VD a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works based upon, display, perform, and otherwise exploit, the User Submission in connection with the Services and VD's business, including, without limitation, in connection with marketing of the Services;
- without limiting the subsection above, agree that VD shall have the right, but not the obligation to, edit, delete, modify, reformat, or translate any user Submission submitted by you, at any time, without notice to you, and for any reason (including, without limitation, upon receipt of a claim relating to such User Submission, or if VD is concerned that you may have violated these Terms and Conditions), or for no reason; and
- grant each user of the Services a non-exclusive license to access your User Submission through the Services and to use, reproduce, distribute, display, perform, and prepare derivative works based upon such User Submission solely for personal non-commercial uses.
You further acknowledge and agree that you shall be solely responsible for any User Submission submitted by you and to the consequences of posting or publishing such User Submission, and you waive any “moral rights” in such User Submission. Without derogating from the foregoing, you understand and agree that it is solely your responsibility to ensure the accuracy of your profile and submitted content and to update that information as appropriate.
You understand that when using the Services, you may be exposed to User Submission from a variety of sources, and that VD is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User Submission. You may be exposed to User Submission that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against VD with respect thereto.
Our staff receives a notice every time content is reported or "flagged" and that content may be immediately removed from the Site. We then determine whether the reported content does in fact violate our mission and purpose and/or these Terms and Conditions, and will take appropriate action to resolve the issue, the nature of such action depending on the particular circumstances at issue. Users who feel that their content has been removed in error may contact us at firstname.lastname@example.org. Under certain conditions, we may, at our discretion (but under no obligation), restore deleted material, or contact the offending user to request changes, amendments or deletion of their "flagged" content.
You may request that VD delete any information or content that you have provided on the Site. However, VD has no control over information that had been shared by you with others.
Copyright policy. VD operates a clear copyright policy in relation to any Content which is alleged to infringe the copyright of a third party as follows:
VD respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please contact our copyright officer at: email@example.com.
Generally, and without limiting the details in the copyright policy, we reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, VD will also terminate a user’s account if the user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
Third Party Websites. The Services may contain links to websites or pages which are not maintained by VD. Links to third party websites are provided for your convenience and information only. Third party web sites are not under VD’s control and VD is not responsible for the content or accuracy of those sites, the opinions voiced in such sites and/or the products or services offered on or through those sites. The inclusion of a link through the Services does not imply VD’s endorsement of the third party website nor that VD is affiliated with the third party website's owners or sponsors.
No Resale of Services. You agree to use the Services solely to accommodate your own needs (whether as a Volunteer or an Organization) and not to use the Services in order to offer services to any third party. You may not use or exploit any portion of the Site or Services to provide any commercial services to third parties.
Changes to the Services. For as long as VD provides this Site and its Services, it shall seek to update, improve and expand the Site and its Services. VD reserves the right to add to or change the Site and Services offered, including any terms, conditions, and fees associated with the Site and Services; it also reserves the right to cease to offer any or all of the Site and Services at any time. All of these changes shall be effective upon their posting on our Site or by direct communication to you, unless otherwise noted. As a condition of using the Site and Services, you agree that VD will not be responsible for any loss of your content or other liability if the Site or any of its Services are modified or discontinued.
VD also reserves the right to withhold, remove and/or discard any content available as part of your account, with or without notice, if deemed by VD to be contrary to these Terms and Conditions. We have no obligation to store, maintain or provide you with a copy of any content that you or other Users provided when using the Site or its Services.
VD's Trademarks. Any and all trademarks, service marks, product names, and trade names of VD appearing on or through the Services are exclusively owned by VD. All other trademarks, service marks, product names, and logos appearing on or through the Services are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Services without the owner's prior written consent.
Indemnification. You agree to hold harmless and indemnify VD and its affiliates, officers, directors, and employees from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys' fees, costs and expenses arising out of, directly or indirectly, your use of the Site or Services including, without limitation (a) any content therein, and (b) any use of the Site or Services that violates these Terms and Conditions.
Conduct Disclaimer. By using the Services you understand and explicitly agree that VD merely provides an online platform for Volunteers and Organizations to share and exchange information. All such information is provided by the Volunteers and the Organizations and VD does not take any responsibility for such information. In addition, VD does not take any responsibility whatsoever for the conduct of Organizations (or anyone on their behalf) and/or of Volunteers; it is entirely up to Volunteers and Organizations to take all measures to examine whether they would like to travel to and/or engage with Organizations or Volunteers they connect with through the Service and any decision to do so is at their own responsibility and risk. For the sake of absolute clarity it is made explicitly clear that VD is not responsible in any way whatsoever for the behavior of Volunteers and/or Organizations both on and outside of the Site, whether in connection with their engagement pursuant to the Services or otherwise. VD does not endorse or promote any Volunteer or Organization and our responsibility is limited to providing a space to publish information and thus generate connections on the World Wide Web. VD will not be held liable in any manner for connections made available through the Site and any connections, engagements, activities and relationships formed through the Site are solely the responsibility of the users themselves.
General Disclaimer of Warranties. THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, VD EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. VD MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS, BE FREE FROM VIRUSES OR THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOLWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR DATA STORED ON IT, IS SOLELY YOURS.
WITHOUT DEROGATING FROM THE FOREGOING, YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO VERIFY ALL INFORMATION CONTAINED ON THE SITE BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED ON THE SITE, INCLUDING INFORMATION RECEIVED THROUGH USE OF THE SITE OR SERVICES, SHOULD BE USED AT YOUR OWN DISCRETION.
Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL VD (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, OR IMPROPER USE OF THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT VD MAY CHANGE THE SERVICES IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH. In no event shall VD’s liability to you relating to your use of the Site and/or Services exceed $50.
Without derogating from the foregoing Users who publish personal information or information regarding their Organization on this Site understand the implications of publishing information publicly including any potential misuse by people or organizations that are not affiliated with our Site. VD is not responsible for damages caused by inappropriate use of the information published by Users. As mentioned above, we can only remove information from the Site or limit a User's privileges, but we are unable to take action beyond this Site.
VD is not involved in the relationship between Volunteers and Organizations as well as in any terms, arrangements, understandings and agreements reached among Volunteers and Organizations. VD is and shall not be a party to any dispute, grievance, dissatisfaction, damage or liability arising from the relationship between Volunteers and Organizations ("Disputes") and you hereby agree to release VD from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in connection with such Disputes and/or otherwise arising out of or in connection with use of the Site and its Services.
Termination. VD may terminate your access to all or any part of the Services at any time, with or without cause, or with or without notice, effective immediately, and such termination may result in the deletion of all information and data associated with your Account. If you wish to terminate your Account, you may do so by sending VD an email to firstname.lastname@example.org specifying your request and providing VD with your name and email address. If you terminate your Account, your profile will be removed from the Services, however, deletion may not be immediate and VD may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.
Insurance. For the avoidance of any doubt, Volunteers understand and acknowledge that it is entirely their responsibility to purchase and maintain all applicable types of insurance in connection with any volunteering activities including, without limitation, appropriate travel and health insurance.
Travel Restrictions, Visas & Permits. Volunteers understand and acknowledge that many Organizations on the Site are located in developing countries and that due to the nature of their work, may sometimes be located in areas that are of higher risk of violence, crime, political unrest and/or natural disasters. In addition, there may by Organizations that are located in countries or regions with respect to which certain governmental authorities may issue travel warnings/restrictions. Volunteers explicitly acknowledge that it is entirely their responsibility to educate themselves about the location they are interested in traveling to and check all relevant authorities regarding the existence of travel restrictions or warnings and any decision to travel to a certain location pursuant to the Service is at the Volunteers’ sole responsibility and risk. Without derogating from the foregoing, it is the Volunteers’ responsibility to obtain all applicable visas, permits or approvals from relevant authorities in connection with their volunteering activities, including, without limitation, obtaining the county visa applicable to their activities. VD shall have no responsibility or liability whatsoever in connection with the foregoing.
Misuse of the Services. VD may restrict, suspend or terminate the account of any User who abuses or misuses the Site or Services. Misuse of the Site or Services includes, but is not limited to: abusing the GivingWay messaging services; creating multiple or false profiles, including misleading representations; using the Site or Services commercially without VD’s permission; posting inappropriate or illegal content; infringing any intellectual property rights; or behaving in any other way that VD, in its sole discretion, deems contrary to its purpose and/or these Terms and Conditions.
In addition, VD has adopted a policy of terminating accounts of Users who, in VD's sole discretion, are deemed to be repeat infringers under the United States Copyright Laws.
Miscellaneous. These Terms and Conditions constitute the entire agreement between the parties concerning the subject matter hereof. The Services shall be provided in accordance with, and these Terms and Conditions shall be governed by, the laws of the State of New York, without giving effect to any principles of conflicts of laws thereof, and the eligible courts in New York, New York, shall have exclusive jurisdiction over all disputes between the parties related to these Terms and Conditions. These Terms and Conditions will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You may not assign or otherwise transfer by operation of law or otherwise these Terms and Conditions or any right or obligation herein without the express written consent of VD. VD expressly reserves its right to assign or transfer these Terms and Conditions and to delegate any of its obligations hereunder at its sole discretion. If any part of these Terms and Conditions is found void and unenforceable, it will not affect the validity of the balance of the Terms and Conditions, which shall remain valid and enforceable according to its terms. The failure of VD to act with respect to a breach of these Terms and Conditions by you or others shall not constitute a waiver and shall not limit VD's rights with respect to such breach or any subsequent breaches.
Data Processing Addendum
This VD Data Processing Addendum ("DPA") supplements and is part of the VD Terms and Conditions for the Service (the "Terms"), and shall apply to the provision of the Services by VD to Organizations.
Definitions. Unless otherwise defined below, all capitalized terms used in this DPA will have the meanings given to them in the Terms:
"Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and any delegated or implemented acts adopted by the European Commission under that regulation, and any replacement directive or regulation imposing equivalent obligations.
"EEA" means the European Economic Area.
"EU Data Protection Law" means all privacy and data protection laws and regulations applicable to the Processing of Personal Data as part of the Services, including, as applicable, the Data Protection Regulation as applicable to the Processing of Personal Data as part of the Services.
"Personal Data" has the meaning given to it in EU Data Protection Law.
"Processing" has the meaning given to it in EU Data Protection Law and "process", "processes" and "processed" will be interpreted accordingly.
"Volunteer Data" means the personal data that one party receives from the other specifically in connection with the Organization's access to and use of the Services, as detailed in Appendix 1.
Scope and Roles. This DPA explains the framework for the sharing of Volunteer Data between VD and the Organization in connection with the Services. In this context, each party acts as a "controller" acting alone with respect to the Volunteer Data which it processes (as the term is defined in EU Data Protection Law).
Compliance with EU Data Protection Law. VD and Organization will each comply with their obligations in respect of processing Volunteer Data under applicable EU Data Protection Law and/or, where relevant, the applicable national implementation(s) of EU Data Protection Law.
Purpose. Organization will only Process Volunteer Data in connection with its use of the Services and for such other purposes as permitted by applicable law and as described in Appendix 1. VD will only process Volunteer Data in connection with its provision of the Services and as permitted by applicable law and as described in Appendix 1.
Security. Each party will implement appropriate technical and organizational measures to protect Volunteer Data which it processes against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, access, or processing.
Personnel. Each party will impose contractual obligations on those of its personnel, agents or subcontractors who it authorizes to access Volunteer Data, including obligations regarding confidentiality, data protection and data security that meet or exceed the security obligations set forth in Section 5.
Transfers. Each party will ensure that, if it transfers Volunteer Data outside the EEA to a country not recognized by the European Commission as providing an adequate level of protection for personal data, that transfer will be covered by a valid derogation or a recognized compliance standard under applicable EU Data Protection Law for the lawful transfer of personal data outside the EEA.
Point of Contact. Each party will provide the other party with a point of contact within its organization authorized to respond to enquiries in respect of the processing of Volunteer Data by that party contemplated by this DPA.
Assistance with enquiries. If (a) a party is obliged under EU Data Protection Law to provide information in response to an enquiry from a data subject or an authority about the Processing of Volunteer Data by that party; and (b) it is not possible for that party to provide sufficient information in order to discharge its obligations without the involvement of the other party, then, upon the first party’s written request and provided that the requesting party reimburses the other party for the costs arising from such assistance, the other party will provide it with reasonable assistance so that it may make the information available.
Noncompliance. If Organization determines that it can no longer comply with this DPA Organization shall promptly notify VD, cease using the Services and cease Processing the Volunteer Data or take other reasonable and appropriate steps to remediate the situation.
Survival. This DPA shall survive termination of the Services for so long as Organization has custody, control or possession of the Volunteer Data.
Subject matter and details of the processing
Data subjects: The Personal Data concerns the following categories of Data Subjects: Volunteers who registered on VD website in order to contact Organizations.
Categories of data: The Personal Data includes the following categories of data: Contact details (including name and email address), professional information (including relevant experience, education, etc.), and any other personal information that the Volunteer chooses to include in his/her VD profile and/or provide to the Organization.
Processing operations: The Personal Data transferred will be subject to the following processing activities:
The parties will process the Personal Data, including collection, organization, structuring, storage, adaptation and retrieval for the purpose of providing the attribution services pursuant to the Terms.