Terms & Conditions

‘givingabit’ & 'givingabit.com' are trading names of Givingabit Limited, a limited company registered in England and Wales at registered office 77a Alma Road, Clifton, Bristol BS8 2DP,United Kingdom, with company number 07486009 (the “Company”).

You may use this website and any facilities made available through it if you agree to comply with the terms and conditions described on this page. This includes our use of 'Cookies'.

1. Meanings of certain words or expressions

'Account' means the record of transactions for a Charity which is accessible on the Website.

‘Charity’ means a charity or cause who are registered with us and to whom a Customer may choose the Service Fee to be donated to.

'Content' means all writing, images, photographs, text, designs, symbols or information in whatever format including computer files capable of reproducing moving images or capable of reproducing sound which is accessible on the Website.

'Contract' means a legal agreement between two parties for the purchase by one of goods or services from the other where that other is a Participant.

'Customer' means the person, firm or corporation who has registered with us regardless of whether they continue to make a purchase through our Website.

'Data' means any Personal Data as defined by the Data Protection Act 1998.

'Participant' means the firm or company whose goods and / or services are made available for sale to Customers and Visitors to the Website and who may enter into a Contract with a Customer or Visitor.

‘Service Fee’ means a payment made by a Participant to the Company as a result of a Customer or Visitor making a purchase from a Participant through the Website.

'Terms and Conditions' means these terms and conditions.

'Visitor' means a person, firm or corporation who initiates a visit to the Website and who may continue to make a purchase as a result of visiting the Website without registering as a Customer.

'Website' means the web pages of the websites accessible via the Internet, cell phone, mobile device or a local area network www.givingabit.com.

'we', 'us' or 'our' are all references to the Company.

'Cookies' or 'Cookie' - A cookie is a small text file stored on your computer's hard drive or temporarily in your computer's memory.

2. Donations

2.1 By means of our Website, we provide a service to Participants by acting as an introducer of prospective Customers. No Visitor to our Website is required to pay for the use of it. Therefore all Visitors may use the Website provided they comply with these Terms and Conditions.

2.2 We receive the Service Fee from Participants in exchange for the facilities that we offer to them. A proportion of the Service Fee shall be donated to the Charity selected by you. The proportion donated shall be calculated based on information provided by the Participant and outlined next to the Participant on the Website. This will be exclusive of VAT and delivery charges in some instances, and applicable to UK deliveries only in most instances.

2.3 Where in the course of any single visit to the Website and before conducting an online search for goods or services a Customer has selected a Charity on the  Website  then each purchase made by that Customer from a Participant will commonly create an obligation on the part of that Participant to pay a Service Fee. It is often the case that the Participant will make the payment of the Service Fee to an intermediary. From time to time that obligation to pay the Service Fee may be discharged in the case of a dispute under some form of compromise agreement.

2.4 Subject to the conditions in clause 2.5, we shall endeavour to pay the Donation  to the selected Charity’s account based on the following criteria:

- Once the Service Fee has been received by givingabit ltd and cleared in our company bank account, which may take up to 60 days from the confirmed date of a purchase to allow for any returns or cancellations.

- Providing that we have received the Service Fee.

The donation will be paid via Charities Aid Foundation cafonline.org (CAF) if you are a Registered UK Charity. On your statement you will see 'Love givingabit.com' If you are a UK cause but not a registered UK charity, then we will make payments via secure bank transfer if the good cause has submitted their account code and sort code details to us.

2.5 The Donation will only be paid:

2.5.1 following receipt of the Service Fee or receipt of the entire amount owing under any compromise agreement as the case may be; (subject to any returns or cancellation of your order with the Participant) and

2.5.2 on the basis that the Customer or Visitor has not breached any of these Terms and Conditions.

2.6  Should a Visitor make a purchase via our Website then we shall endeavour to make a Donation as a result of the Purchase to a Charity of our choice, based on the advertised rates on the website. Our charity of choice will be clearly set out within the givingabit community.

2.7 Cookies - If you choose to disable cookies in your web browser, be aware that when you visit a retailer site they may not be able to track your purchase back to givingabit.com, therefore we will be unable to allocate donations to your chosen charity.

3.  Customers

3.1 In order to become a Customer you must complete our registration process. You will be required to provide certain information and you promise to us that you have provided us with accurate and complete information in the completion of that process and that you are at least 18 years of age and have permanent residence in the UK.

3.2 We reserve the right to suspend or terminate your access to the Website immediately and without notice as we may see fit when you have breached any of the terms and conditions in clause 5.

3.3 We also reserve the right, at our discretion, to make changes to any part of the Website even if such changes do materially reduce the content or functionality of the Website.

3.4 It is your responsibility to keep us informed of any changes to information that you have provided to us (including your email address) by updating your dashboard settings. Changes for this purpose will include changing your selected Charity.

3.5 We receive all information from you as a Customer, or acting on behalf of a Participant, business, Charity, good cause or any other group in good faith and in the majority of circumstances we will have no reason for believing that the information is not accurate and representative. Therefore, for the avoidance of doubt we are not liable for publishing such information you provide and any content or images that you supply.

3.6 Notwithstanding clause 3.5, we will endeavour to ensure that all content submitted to us by any party is suitable and we have policies in place to check this.

4.0 Relationship of Customers and Visitors to Participants

4.1 If you are a Customer or a Visitor to the Website who then visits the website of a Participant or other party by clicking on a link on our Website, apart from any obligation that may exist in respect of a Donation, we have no obligation to you in such circumstances. Should you enter into a Contract with a Participant this shall represent a private agreement between you and the Participant under which we shall have no responsibilities or liability of any sort.

4.2 We make no representations whatsoever about any other websites which you may access through our Website. When you access any other website you understand that it is independent from ours and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

4.3 No Customer or Visitor has any right to communicate with any Participant or intermediary concerning the content or nature of any private agreement between us and such Participant. Any attempt to do so will be a breach of these Terms and Conditions.

5. Information appearing on the Websites

5.1 Most of the Content on the Website is owned by us or is the intellectual property of third parties. From time to time we may display other third party material on our Website ('Third Party Content'). All Content is protected by copyright and / or database rights subject to the laws of England & Wales. The Content will be subject to the restrictions in clause 5.3.

5.2 Subject to clause 5.3, you may:

5.2.1 retrieve and display the Content on a computer screen;

5.2.2 print individual pages on paper and store such pages in electronic form on disk and on your PC (but not on any other server or other storage device connected to an external network).

5.3 You may not without obtaining our prior written permission:

5.3.1  publish in any medium any Content (including by using it as part of any blog, newsletter, library, archive or similar service);

5.3.2 remove the copyright or trade mark notice from any copies of Content made under this Agreement;

5.3.3 create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content; or

5.3.4 except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content.

5.4 We also reserve the right, at our discretion, to make changes to any part of the Website even if such changes do materially reduce the content or functionality of the Website.

5.5 Because of the number of sources from which we obtain Content and because of the nature of the Internet and archived information, errors and omissions do occur and we do not give any other warranties in respect of the Content. In particular, we cannot and do not warrant:

5.5.1 the accuracy of any information in the Content;

5.5.2 that the Website or any webpages accessible through it is free from infection by viruses or anything else that has contaminating or destructive properties.

5.6 The Website contains links to other websites, adverts and resources, either directly or through frames and links allowing material from other websites to be displayed or otherwise operate within the websites, such as RSS links. Where possible, we will make clear where such links are being made but third parties provide these other sites or adverts and we are not responsible and shall not be liable for the availability or content of their material and resources.

5.7 Any views expressed or implied on the Website are not necessarily our views or anyone connected with us.

6. Liability

6.1 We do not warrant or guarantee in any way the continued or proper functioning of the Website, our downloads or our forgetmenot browser extension, and in any event we shall not be liable for any loss or damage, howsoever caused, directly or indirectly by circumstances beyond our reasonable control and which prevents us from performing our obligations to you and any Charities.

6.2 You agree that our liability shall be limited or excluded as follows:

6.2.1 We shall have no liability under any Contract made with a Participant;

6.2.2 We shall have no liability at all to any Charity save for the obligation to make payment of any Donation in accordance with the provisions appearing in clause 2;

6.3 Whilst we endeavour to make every effort to ensure that a payment is made to a  Charity we cannot be held liable in circumstances where a payment is not made due to a technical fault not within our control.

6.4 Other than any obligations arising by operation of the law (and all implied warranties are excluded from to the extent that they may be excluded as a matter of law to the fullest extent permissible) we shall have no liability to any Customer or Visitor.

6.5 Nothing in these terms and conditions shall be construed as limiting or excluding any non-excludable statutory rights of a consumer nor any liability arising from death or personal injury to persons caused by our negligence, or for fraudulent misrepresentation by us or any employee or agent of ours, upon which liability there shall be no limit.

6.6 You shall indemnify us against any loss or damages, expenses, claims or penalties that we may incur or suffer resulting from any breach by you of any of these Terms and Conditions.

6.7 You download any information from our site at your own risk.

6.8 You install our 'forgetmenot' browser extension at your own risk.

7. Force Majeure

We will not be responsible for any failure to provide any services or perform any obligation because of any act of God, strike, lock-outs or other industrial disputes.

8. Notice

Any notice or communications required or permitted to be delivered by us to you shall be deemed to have been given if delivered by e mail in accordance with the contact information that you have provided.

9. Assignment

9.1 You shall not assign, transfer, charge or deal in any other manner with this Agreement or any of its rights under it nor purport to do the same without our prior written consent.

We may update or amend these terms and conditions from time to time to comply with law or to meet our changing business requirements.

11. Severance

11.1 If any provision of these Terms and Conditions (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

11.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

12. Governing law and Jurisdiction

12.1 These Terms and Conditions and any disputes or claims arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.

12.2 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims).

13. Miscellaneous Provisions

13.1 These Terms and Conditions and (where it is the case) any  legal notice or additional terms that may be published by us on the Website from time to time shall constitute the entire agreement and shall govern your use of the Website.

13.2 Should we choose not to exercise or enforce any legal right or remedy which is contained in these Terms and Conditions or to which we are entitled under any applicable law, then this does not amount to a formal waiver of our rights and we will retain such rights and the right to pursue any remedy.

13.3 It is not intended that any rights will exist or accumulate to any party other than as expressly stated in these terms and conditions and the Contracts (Rights of Third Parties) Act 1999 is hereby excluded from having any application.

13.4 Our Service is entirely dependable on the ability to track your order from our site, via a third party affiliate network and via the Participant. Please therefore ensure your computer settings allow this to happen.

13.5 Amazon have asked us to include, and we are happy to do so: Givingabit Ltd is a participant in the Amazon EU Associates Programme, an affiliate advertising programme designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.co.uk.

14. 'Cookies'
14.1 Our use of ‘Cookies’ - We use them so that we can deliver content tailored to you. For example, when you choose ‘Remember Me’ at sign in, the ‘cookie’ enables us to do just that, so when you return in future, it will take you directly to your dashboard without the need for you to sign in. We only use ‘cookies’ to streamline your customer experience & deliver the givingabit service. There is no way to use ‘cookies’ to collect personal data from your computer or from subsequent purchases you make from our partner retailers. We do not use ‘cookies’ to serve advertising on third party sites. If you choose to disable ‘cookies’ in your web browser, when you visit a retailer site we may not be able to track your purchase back to givingabit.com, therefore we will be unable to allocate donations to your chosen charity.
14.2 When you sign up to givingabit.com & agree to the terms & conditions you agree to our use of ‘cookies’. We use three types of ‘cookies’ to ensure we can deliver our service. If the end user chooses to click on the drop down offer they will be redirected to the partner's (aka advertiser's) site via affiliate cookies.
14.3 ‘Session cookies’ – These types of cookies are not stored permanently on your computer – they expire when you end your browser session. We use these types of cookies are to ensure you can perform essential functions. These could include ensuring you stay logged in for the duration of your visit, & reducing the amount of information transferred over the internet.
14.4 ‘Persistent cookies’ – These types of cookies are stored for a longer & pre-determined period of time on your computer & are automatically removed once this time period ends. We use these types of cookies when you opt in to ‘remember me’ at sign in. The cookie enables us to ‘remember you’ when you return to the site from the same computer without the need for you to sign in again. This is commonly termed as ‘Session Tracking’. The specific name of the cookie givingabit.com use for session tracking is ‘user_id’
14.5 ‘Third Party Cookies’ - These types of ‘cookies’ are used by our business associates & enable us to deliver the givingabit service. These include our affiliate network partners (Amazon, Affiliate Window, Tradedoubler, Commission Junction, Affiliates4u, Affilinet, Linkshare, Webgains, OMGPM) to ensure that your individual purchases can be tracked & so they can inform us when a purchase has been made from the retailer. We use this information to ensure your donation can be assigned to you, your community & your charity. This is essential for us so that we can make donations to the correct charity.
We also use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics sets a ‘cookie’ in order to evaluate your use of our site. We use this information to enhance customer experience. Google stores the information collected by the cookie on servers in the United States. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google´s behalf. Google will not associate your IP address with any other data held by Google. By using the givingabit.com website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
The specific names of the ‘cookie’ used are ‘Utma’ ‘Utmb’ ‘Utmc’ & ‘Utmz’
To reject or delete this ‘cookie’ visit http://www.google.com/intl/en/policies/privacy/
14.6 allaboutcookies.org
This is a third party website which offers free information about ‘cookies’, what they are, how they are used & how to enable / disable them. We have no control over the content on this site.

Should you have any queries in the event of a discrepancy then you can submit this to vip@givingabit.com

Prepared by Charles Cook & Company Solicitors