Terms of Service
These Terms of Service (the “Agreement” or “Terms”) contain the terms and conditions under which you may make use of the Give-A-Hand website at https://giveahand.com and /or the services that we make available to you. These terms constitute a legal agreement between you ("you" or “user”) and Give-A-Hand, which operates the Give-A-Hand Services, hereinafter referred to as “Give-A-Hand,” “we” or “us”), and, they govern your access and use of the website, mobile application, content, products, and services (the “Website” “Services” “Platform”), made available to you either as a Fundraiser Organizer, Beneficiary or Donor (collectively referred to as “Members” or “Users”).
Please, read these Terms and any additional terms applicable to your use of the Services before using it. By accessing, using or attempting to use Give-A-Hand Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access Give-A-Hand or utilize Give-A-Hand services. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.
IMPORTANT ARBITRATION NOTICE: THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES ARISING OUT OF YOUR USE OF OUR SERVICE UNLESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Changes to terms and services
Give-A-Hand reserves the right to change or modify these Terms at its discretion at any time. Give-A-Hand will notify you of such changes by updating the terms on its website and modifying the “last revised” date displayed on this page. Any modifications or changes to these terms will become effective upon publication on the website or release to users. Therefore, your continued use of Give-A-Hand services is deemed your acceptance of the modified agreement and rules. If you do not agree to any changes to these terms, you must stop using Give-A-Hand services immediately. You are recommended to frequently review these terms to ensure your understanding of the terms and conditions that apply to your access to and use of Give-A-Hand services
Give-A-Hand as a platform; we are not a Charity
Give-A-Hand provides an online platform through which members of the platform can create and run a Fundraiser (“Fundraiser”) where Donors can make donations to such Fundraiser. We do not act as the agent for any user of the platform nor are we a broker, creditor, charity or financial institution. Our service only provides a platform for these activities to take place. Other than providing the Platform, we do not have any form of involvement in any arrangement that members of the platform make with each other through the platform. And as such, we shall not in any way be responsible for the quality or nature of a Fundraiser, Fundraiser Organizer or Donor.
Give-A-Hand may take actions such as limiting the visibility of a fundraiser or suspending your account if we determine that you are acting against the policies herein this agreement and other Give-A-Hand agreements incorporated herein by reference.
While Give-A-Hand may help facilitate disputes, you understand that we have no control over and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Fundraiser Organizer, Fundraiser or claim made on the platform, (ii) the truth, accuracy or suitability of any description or any other aspect referred to by users on the Give-A-Hand Platform, (iii) the performance or conduct of any user or third party or (iv) the legality or compliance with laws, rules, regulations, orders and decisions that may be applicable to any relationship between users or the subject matter thereof. While we may provide information that may be helpful in assisting you to evaluate another user, and their status on the Give-A-Hand platform, we do not endorse any particular Fundraiser, Fundraiser Organizer or claim in general. Any reference to a member being “Verified” only indicates that such a user has completed a verification or identification process and nothing else.
We also partnered with Stripe, Inc., (“Stripe”), a third-party digital payment company that facilitates payment on our platform via debit card or credit card and other third-party payment processors. These payment processing services are not provided by Give-A-Hand but by Stripe and other third-party payment processors and are subject to such third party’s service terms. You, therefore, authorize Give-A-Hand to share certain information about you with Stripe or other third-party payment processors for the purpose of processing payments and other related services. We do not assume any liability for any payment you make through the service, and all such charges paid by you for any service on the Give-A-Hand platform are non-refundable unless otherwise determined by Give-A-Hand.
Accessing and using Give-A-Hand
Anyone can access the Give-A-Hand platform. However, to post a fundraiser and become a Fundraiser Organizer or make a Pledge as a Donor you will need to register as a member of the platform by signing up and creating an account. For that purpose, you must be at least 18 years of age or, if higher, the age at which you are legally recognized as an adult in your jurisdiction and there must be no reason why you should not be in contact with any other members of the Platform.
To create an account on the platform, please go to the Sign-Up page and follow the instructions. When you register, the information you provide to us during the registration process will help us in offering content, service, and management of your account. You are solely responsible for maintaining the confidentiality of your account, username, and password and for all activities associated with or occurring under your Account. We encourage you to not share your account login information with any person you do not know and/or trust or that is not involved in your Fundraiser (nor leave your device unattended whilst logged into Give-A-Hand) as you will be held responsible for all activities that occur on your account (with or without your knowledge) as a result of doing so. You must notify us (a) immediately of any unauthorized use of your account and any other breach of security, and (b) ensure that you exit from your account at the end of each use.
You represent and warrant that your Account information will be accurate at all times. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, we shall have the right to indefinitely suspend or terminate or block access of your use the Website and refuse to provide You with access to the Website.
We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of the use of your account, either with or without your knowledge, prior to your notifying us of unauthorized access to your account. You may not transfer your account to any other person and you may not use anyone else's account at any time without the permission of the account holder.
Intellectual property rights, license, and restrictions
Intellectual property rights: This platform is controlled and operated by Give-A-Hand and all material on this Platform, including but not limited to software, images, illustrations, text, scripts, graphics, audio clips, video clips, and other interactive features made available to you on the Platform, logos, trademarks, and service marks contained herein, are owned by Give-A-Hand. Other service marks, logos, and names on this Platform are the property of their respective owners.
Any use of the Platform or the contents made available to you on the Platform other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by Give-A-Hand at any time without notice and with or without cause.
Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
License and restrictions: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services.
Additional terms for Fundraiser Organizers or Beneficiaries
- Creating, publishing and updating a Fundraiser
To keep Donors informed about how your fundraiser is performing, you may publish content and other materials (such promotional content such as a video clip showcasing your Fundraiser).
Although we are not obliged to, we reserve the right to attempt to verify your identity and other information about your fundraiser that you provide to us. We will evaluate any Fundraiser or Donation(s) that Donors or our third-party payment processors report to us as fraudulent. If we discover that your Fundraiser has received fraudulent donations, we may cancel such donations and delete the donor's information from your Fundraiser Profile Page. You agree to respond to any request and submit any requested information within a reasonable time frame if we deem, in our sole judgment, that your Fundraiser poses a fraud risk. Before any money is sent to you, we or our payment processors may also conduct an inspection. We will not be liable to you for any losses that you suffer or incur as a result of us taking any of the actions herein this section. We reserve the right to pass on the cost of chargebacks to you.
An active Fundraiser may be rejected, interrupted, suspended, canceled or removed at any time and for any reason, we deem fit.
In the event that your Fundraiser is raising funds on behalf of a third party such as a charitable organization or a beneficiary, you must adhere to any applicable sections and the donations will be sent directly to the charitable organizations or beneficiary.
- Obligations and expectations of Fundraiser Organizer, Beneficiaries or Charities
You represent and warrant that you shall apply any funds received from Donors through the platform solely for achieving the goals you described in your Fundraiser description.
You shall comply with all applicable regulations and laws in relation to your Fundraiser and your use of the Donations.
You understand and agree that you shall be responsible for paying all the fees and collecting and remitting any taxes (including income tax or similar taxes), applicable to or connected with your use of the Give-A-Hand platform and the Donations that you receive through the platform.
You shall abide by all your responsibilities as a "controller" of personal data under relevant data protection and privacy regulations, including by giving appropriate privacy information to the Donors whose information you obtain through the Give-A-Hand platform.
- Account holds and right to withhold funds
Fundraiser Organizers are not automatically guaranteed to receive Donations made by Donors to their Fundraiser, even after the Fundraiser has ended or reached its goals. For a number of reasons, including but not limited to refunds, chargeback disputes, fraud, terms or other policy breaches, or any other circumstances, there can be a delay between the end of a fundraiser and our transfer of donations to a Fundraiser Organizer. For instance, if the Fundraiser Organizer violates any Terms, Give-A-Hand may withhold Donations made to the Fundraiser (as determined by Give-A-Hand in its sole discretion). Additionally, we reserve the right to withhold donations while awaiting the receipt and review of any additional information required by us as described below or while any inquiry into your Fundraiser is ongoing. Give-A-Hand may cancel your Fundraiser and account if you fail to provide the required information within the specified time frame or are unable to support claims made in your Fundraiser. In addition, for any other violation of this Agreement, we may withhold Donations from a Fundraiser Organizer.
- Request for additional information about your fundraiser
Although we do not guarantee any fundraiser or assume the duty of investigating or moderating claims made by a Fundraiser Organizer, we reserve the right to request additional information about your Fundraiser in order to investigate possible breaches of this Agreement. We may request information such as, but not limited to, information to support your Fundraiser claims and promises, or personal information to verify the identity of a Fundraiser Organizer. You accept that you will provide any information requested by us in a timely manner and that third parties may be employed by Give-A-Hand to evaluate your claims, provided documents and your Fundraiser. A substantial breach of this Agreement will be considered to have occurred if any required information is not provided by you within 14 days, or within a longer period specified in writing by us.
- Setting up and verifying the withdrawal method
In order to start transferring received donations to your bank account, you must ensure to set up a withdrawal method by providing us with your bank information. Your provided bank information will be subject to verification before it becomes active for withdrawals. In order to avoid issues with withdrawals, it is important to set up and verify your withdrawal method within 100 days of your first donation.
- Withdrawal of Donations from a Fundraiser and additional terms
While Give-A-Hand makes every effort to make Donations available to you for withdrawals as soon as possible, you acknowledge and agree that for certain reasons, the withdrawals option may not be available to you for use at your desired time. Give-A-Hand expressly disclaims any and all responsibility for any delay in withdrawals or your inability to access and use Donations to your Fundraiser at your desired time. As a Fundraiser Organizer, you are responsible for ensuring that the information you submit to Give-A-Hand in order to initiate and process a withdrawal is correct and up to date. Received donations are available for withdrawal and you can request for withdrawal of available donations at any time after setting up and verifying your withdrawal method as described in the section above. Otherwise, except as described in the following paragraph, Give-A-Hand will automatically withdraw available donations to your bank account linked to your Give-A-Hand account no more than a hundred (100) days after the first donation had been received.
If your bank account has not been set up and verified as described in the section above within hundred (100) days of your first donation, Give-A-Hand will refund the total donations received, excluding tips paid to Give-A-Hand by donors, to the donors.
Fundraiser Organizers will be charged the applicable transaction fees by our third-party payment processor and these fees will be deducted from the donations we receive for your Fundraiser before they are distributed to you.
All fees payable by Fundraiser Organizers are subject to all applicable taxes, where applicable, and at the applicable rate in force from time to time. All fees payable to us, and any amounts payable by us to Fundraiser Organizers, will be paid in US Dollars.
- Withdrawal of Donations from a fundraiser to a Charity/Third-party identified as a Beneficiary
While Give-A-Hand makes every effort to make Donations available to you for withdrawals as soon as possible, you acknowledge and agree that for certain reasons, the withdrawals option may not be available to you for use at your desired time. Give-A-Hand expressly disclaims any and all responsibility for any delay in withdrawals or your inability to access and use Donations to your Fundraiser at your desired time. As a Fundraiser Organizer and/or Beneficiary, you are responsible for ensuring that the information you submit to Give-A-Hand in order to initiate and process a withdrawal is correct and up to date.
We make use of Stripe as the payment processor for Fundraisers on the Platform. Donations will be sent directly to the designated Charity’s account where a Charity has been identified as the Beneficiary of the Fundraiser.
Giving through Give-A-Hand as a Donor?
Any Donation you make through the Give-A-Hand platform is at your own risk and is your responsibility to understand how your money will be used. Give-A-Hand itself cannot guarantee that the fundraiser organizer will use the money they have raised for the reason they raised it. You acknowledge that your contribution to a particular Fundraiser does not entitle you to any rights in or to such Fundraiser, including any ownership, control or intellectual property rights. The organizer is responsible to ensure the money raised and used is congruent with the charitable laws applicable within the United States of America. Give-A-Hand does take fraud seriously and if you suspect a fundraiser organizer is committing fraud, please use the report feature on the fundraiser page or reach out to us via our Help Center.
- Donors cannot give or impose restrictions on the use of donations by a Charity, Beneficiary or Fundraiser Organizer for donations made through Give-A-Hand. The donation giving should be used in the manner of what the fundraiser organizer has communicated but only the Fundraiser Organizer, Beneficiary or Charity shall have full discretion to determine how all Donations will be used.
- You can make a donation by visiting the Fundraiser Profile Page of an active Fundraiser, inputting the amount you wish to donate to the Fundraiser and then selecting your payment method and submitting payment. We will process your donation accordingly and remit it to the Charity or Fundraiser Organizer.
- Give-A-Hand makes no representation to any portion of your donations, including, if any, payment processor fees, which are tax-deductible or eligible for tax credits. We as Give-A-Hand also have no liability for any tax return and claim by local, state or federal agents.
- Donors must provide Give-A-Hand with the information required to enable the issuing of an official donation receipt. This information is passed along to the Fundraiser Organizer and is not kept in our Give-A-Hand database. You as a Donor must acknowledge and agree that your given information will be shared with the charity and organizer of the fundraiser. Again, Give-A-Hand is not responsible, and shall not be liable, for any Charity's use of any donor information.
- You understand that your username may be publicly displayed in connection with each Fundraiser for which you make a Donation unless you choose to make a donation anonymously. If you do make a Donation anonymously, although your details will not be published on Give-A-Hand, your details will still be shared with the relevant Fundraiser Organizer.
- At the point you make a donation to any given fundraiser, you may choose to tip us. This tip is considered a voluntary contribution to us and we rely on such tips from users of the platform to enable us to keep making amazing things happen.
- You acknowledge that there can be a minimum donatable amount that may be required, that all donations are final, and that refunds are only possible if Give-A-Hand decides to do so at its exclusive discretion.
Ownership of Donor lists and data
Give-A-Hand provides your given information to the verified charity for the dissemination of your tax receipt. Give-A-Hand will not sell or use your data and information to any third-party clients. Any information used to make a donation will be deleted when the Give-A-Hand user closes their Give-A-Hand fundraiser. We use Stripe as the payment processor. To learn more about how Stripe handles your data and information please read more here: https://stripe.com/privacy.
Give-A-Hand can and does verify charities through interaction (phone and email) with the charity's director, board or secretary to ensure the account and their fundraisers match their charitable name and status under the applicable government agencies.
Give-A-Hand has been designed to help Organizers raise money for their worthy cause. Give-A-Hand simply allows an organizer to connect with their community and donors by providing an online service to raise money. By using Stripe, Give-A-Hand does not hold any money nor will we engage with any solicitation through any user or fundraiser regarding money or the raising of it.
Donations and donation terms
When making or receiving a donation through the Give-A-Hand service, you agree:
- not to make or receive any donations that you know are with error, suspicious or fraudulent;
- not to use the Give-A-Hand to make donations to a charity or individual who any local, state or federal government has restricted from receiving donations;
- to ensure standard security precautions that protect any information shared and received through the Give-A-Hand services;
- to maintain and keep a copy of all donations - electronic and other records related to Give-A-Hand fundraisers and services for Give-A-Hand to prove your compliance with these Terms of Service. You must be able to make these records available to Give-A-Hand upon our request. For clarity, this does not impact or hinder your lawful obligations to maintain donation documentation as required by applicable local, state, and federal laws, rules, and regulations;
- at Give-A-Hand's request, including an investigation by Give-A-Hand, a payment processing partner, or governmental authority, to fully cooperate in the auditing of your Give-A-Hand records. A Give-A-Hand investigation should occur to identify circumstantial evidence for the remedy or violation of wrongdoing;
- that Give-A-Hand has the sole right to refuse, condition, or stop any donations that we believe, in our sole discretion, may violate these Terms of Service or harm the Give-A-Hand users, business partners, the public, or Give-A-Hand itself. Give-A-Hand has the right to share any information with governmental authorities regarding your use of Give-A-Hand services should your use be in violation of the Give-A-Hand Terms of Service
Give-A-Hand fees and Payment Processor terms
There are zero fees to set up a Give-A-Hand fundraiser; we have a 0% platform fee for Fundraiser Organizers and rely on the generosity of Donors to operate our service. However, because we make use of a payment partner; Stripe, a $0.30 per transaction for credit card processing and a 2.9% standard fee are deducted when donations are processed. Stripe, our third-party payment processor, allows for safe and private donation transactions. By creating and publishing a Fundraiser or accepting the role of Beneficiary to a Fundraiser, the Organizer agrees to the processing, use, transfer or disclosure of provided data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by the applicable Payment Processors.
Give-A-Hand does not hold any funds through the transactions of a Give-A-Hand Fundraiser nor is it a payment processor. Give-A-Hand uses Stripe and other payment processors that may be available for use from time to time as a third-party payment provider. The user recognizes that a payment provider is necessary for the service of Give-A-Hand to be rendered and understands that payment information is shared with the payment provider (Stripe) to facilitate the donation transaction.
User conduct, representation and platform use
You hereby represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.
You agree, undertake and confirm that your use of the platform shall be strictly in accordance with applicable laws and the following binding guidelines:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which you do not have any right to make use of or promote an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
- is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
- Solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;
- Interferes with another user's use and enjoyment of the website or any other individual's user and enjoyment of similar services;
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
- Without limitation on the foregoing, you agree not to use a Give-A-Hand fundraiser, or its service, to raise funds with the implied or explicit purpose of or involving:
- the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound in your use of this service. This includes payment card providers and transaction processors that you utilize in connection with the Give-A-Hand platform;
- Give-A-Hand's fundraisers or content that is fraudulent, inaccurate, dishonest, or impossible;
- Any and all content involving the use of illegal drugs, narcotics, steroids, controlled substances, pharmaceuticals and similar products or therapies. This includes the use of any drug or use of a legal substance that could be inferred (including paraphernalia) as illegal or causes bodily harm;
- Weaponry is not only restricted to this list: knives, explosives, ammunition and firearms;
- Any loans, get rich schemes, pyramid schemes, investment opportunities, off-shore banking or any money exchange businesses and transactions, real estate transactions, or network marketing;
- Gambling, gaming either online or in-person (including fantasy sports, racing, etc.);
- Any content that is (in our sole opinion) propagating hate, harassment, terrorism, bullying, discrimination, racism, or any intolerance regarding religion, culture ethnicity, sex, gender, diseases or disabilities;
- Give-A-Hand cannot be used to raise money for the items listed in point (vii) directly above this;
- funding for a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
- Give-A-Hand is not to be used to raise money to acquire or share counterfeit music, movies, software, or other licensed materials without the appropriate consent from the rights holder;
- unauthorized sale or resale of a brand name or designer products or services;
- sale of goods or services that are illegally imported or exported;
- processing where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
- collecting or providing funds for any purpose other than as described in a Fundraiser description;
- activities that Give-A-Hand may deem supportive of individuals, entities or organizations associated with financial crimes (claimed or suspect) that are not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
- any activity that Give-A-Hand may see and declare to be unacceptable.
It is possible those other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
Content that you and other users provide to Give-A-Hand
Content you submit
Subject to the limitations set forth herein, our Site may contain a Fundraiser profile page, fundraiser updates, personal web pages or profiles, forums, bulletin boards and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, "User-generated Submission") on or through the site.
User-generated submission and content are the contributions of independent users not affiliated with Give-A-Hand, whose opinions are their own. Give-A-Hand does not guarantee the accuracy, integrity or quality of the opinions and advice posted on the site by users. Your use of any user submission provided on the website is at your own risk.
You also agree to only post User-generated submissions to Give-A-Hand if you know you have the necessary rights to do so. By uploading a User-generated submission, you represent and warrant that (a) you own or otherwise control all of the rights to such User-generated Submission; (b) that the User-generated Submission is accurate; (c) that the use of such submission does not violate this Agreement and will not cause injury to any person or entity; and (d) that you will indemnify Give-A-Hand for all claims relating to such submission.
Unless we indicate otherwise, by posting or submitting such User-generated Submission to the Website, you grant Give-A-Hand a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. Give-A-Hand and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
Monitoring your User-generated submission
We may, but are not obliged to monitor the use of any feature made available to you for use from time to time. However, we still rely on you to inform us of any abuse or inappropriate behavior, in which case we may review specific postings. If you feel you have been threatened, damaged or abused in our community or via our communication systems or if you believe any infringement of your rights may have occurred through Give-A-Hand please contact us.
Give-A-Hand is not in any way involved in any arrangements made between Users. Any postings on Give-A-Hand and the uploading of any photos, pictures, videos, animations or other audio-visual material to Give-A-Hand by Members of the platform does not constitute any form of recommendation, representation, endorsement or arrangement by Give-A-hand. In particular, we have no control over and are not responsible for the truth or accuracy of any content, its compliance with any legal or regulatory requirement or its quality or safety. Please contact Give-A-hand if you have any concerns about the content of any information seen on the website.
You also understand that any information posted via the website or other communication features made available to you on the Give-A-Hand platform is the opinion of the person posting such User-generated submission or information. If you rely on the information posted, you do so at your own risk. Although we have rules for the posting of content, it is possible that our interactive features could be susceptible to misuse. We ask all Users to contact us in respect of any suspicion of misuse.
We reserve the right (but we are not obliged) to do any or all of the following:
- investigate a claim that any one or more items of content do not comply with the acceptable use rules set out herein this Agreement or as may be determined in our sole discretion to remove or request the removal of the content;
- remove without notice any content that is abusive, illegal, disruptive, or that otherwise fails to conform with these Terms;
- terminate a user's access to post content;
- monitor, edit, or disclose any content; edit or remove any content posted on Give-A-Hand, regardless of whether such content breaches these Terms;
- suspend or terminate your access to Give-A-Hand.
Copyright infringement notification
Give-A-Hand respects the intellectual property of others and asks its users of the platform to do the same. Give-A-Hand Services may not be used to transmit, retransmit, distribute, post, or store any material that violates any rights of any person including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations.
Give-A-Hand has established procedures for enforcing this statement which is designed to be in accord with the Digital Millennium Copyright Act. If you believe that your copyrighted work has been copied and is accessible on any of the Give-A-Hand Services in a way that constitutes copyright infringement, please notify us by sending us an email at [email protected].
In order to be valid, the notification must be in writing and must contain the following information and be submitted to us:
- a description of the copyrighted content or other intellectual property that you claim has been infringed;
- a statement by you that you have a good faith belief that the use of this content or intellectual property is not authorized and for which reason;
- a detailed description of where this content or intellectual property is located on the Service, for us to find it;
- your address, telephone number, and email address;
- a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a statement by you, made under penalty of perjury, that the above information provided by you in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the behalf of the copyright or intellectual property owner.
Please note that any person who knowingly misrepresents to Give-A-Hand that material is infringing shall be liable to Give-A-Hand and/or the alleged infringer for any damages (including costs and attorneys’ fees) suffered or incurred by Give-A-Hand and/or the alleged infringer as a result of Give-A-Hand’s reliance on such misrepresentation and removing or disabling access to such material. ii) Similarly, any person who knowingly misrepresents to Give-A-Hand that the material was removed or access blocked by mistake or misidentification shall be liable to Give-A-Hand and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys’ fees) suffered or incurred by Give-A-Hand and/or the copyright owner or its authorized licensee as a result of Give-A-Hand relying on such misrepresentation and replacing such removed or blocked material.
Violations and reporting violations
Users of the Service may receive a warning to their account for violations of any of these terms or for any user misconduct reported to us. A warning may be sent to the email address attached to the user’s account. Warnings do not limit account activity but can lead to the user’s account being suspended or becoming permanently disabled based on the severity of the violation.
Give-A-Hand prohibits discrimination against any User or other third party based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. Give-A-Hand wants all of our users to feel safe and welcome and we do not tolerate any conduct that we determine to be discriminatory.
Consent to electronic transactions, communication and disclosures
To the fullest extent permitted by law, these Terms and any other agreements, notices or other communications from Give-A-Hand to you regarding our services being offered ("Communications") may be provided to you electronically, and you consent and agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Give-A-Hand website and/or delivered to your email address.
Also, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else.
Links to third-party websites and resources
The Give-A-Hand website and services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third-party site or otherwise.
You agree that your use of third-party sites and resources and any content, information, data, advertising, products, services, or other materials on or available through such sites and resources is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.
Give-A-Hand shall have the right, at any time and at its sole discretion, to block links to the Give-A-Hand website through technological or other means without prior notice.
Warranty And liability disclaimer
THE GIVE-A-HAND WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GIVE-A-HAND MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE GIVE-A-HAND WEBSITE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. GIVE-A-HAND MAKES NO REPRESENTATION OR WARRANTY THAT THE GIVE-A-HAND WEBSITE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE Give-A-Hand WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE GIVE-A-HAND WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
While we try to maintain the integrity and security of the Give-A-Hand website and the servers from which the Give-A-Hand website is operated, the Give-A-Hand website may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Give-A-Hand website. If you become aware of any unauthorized third-party alteration to the Give-A-Hand website, contact us at [email protected] with a description of the material(s) at issue and the URL or location on the applicable Give-A-Hand website where such material(s) appear.
Limitation of liability
IN NO EVENT SHALL GIVE-A-HAND, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE “GIVE-A-HAND ENTITIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE GIVE-A-HAND WEBSITE, OR (C) YOUR USE OF OR INABILITY TO USE THE GIVE-A-HAND WEBSITE, IN EACH EVENT, EVEN IF GIVE-A-HAND OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
GIVE-A-HAND IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. GIVE-A-HAND IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL GIVE-A-HAND ‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE ARISING FROM OR RELATED TO THIS AGREEMENT, THE GIVE-A-HAND WEBSITE, OR YOUR USE OF OR INABILITY TO USE THE GIVE-A-HAND WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE GIVE-A-HAND WEBSITE WITHIN THE LAST SIX MONTHS.
You will indemnify and hold the Give-A-Hand entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the “Claims”): (a) your misuse of, inability to use, or activities in connection with the Give-A-Hand website; (b) any violation of this Agreement or any other Give-A-Hand terms, conditions or policies by you or through any account you may have with any Give-A-Hand website; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through the Give-A-Hand website infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any Give-A-Hand website visitor, user, or any other third party; and you agree to reimburse the Give-A-Hand Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claim(s).
Termination and Enforcement
This Agreement is effective until terminated by Give-A-Hand. You agree that Give-A-Hand, at its sole discretion, may terminate your access to or use of the Give-A-Hand website, at any time and for any reason, including without limitation if Give-A-Hand believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including but not limited to your failure to comply with the rules of conduct set forth herein this agreement above). Upon any such termination, your right to use the Give-A-Hand website will immediately cease. You agree that any termination of your access to or use of the Give-A-Hand website may be effected without prior notice and that Give-A-Hand may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that Give-A-Hand shall not be liable to you or any third party for any termination of your access to the Give-A-Hand website or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Give-A-Hand reserves the right to take steps that it believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the Give-A-Hand website and/or a third-party claim that your use of the Give-A-Hand website is unlawful or violates such third party’s rights).
These Terms and your use of the service are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
Disputes resolution; arbitration
Dispute with Give-A-Hand
- Informal negotiations
To expedite dispute resolution and control the cost of any dispute, controversy or claim related to this Agreement (or the breach, termination, enforcement, interpretation or validity thereof) (“Dispute”), you as a user of the Give-A-Hand Services agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one party to the other.
- Agreement to arbitrate
In the event where informal negotiation did not work, you and Give-A-Hand agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”).
Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Give-A-Hand with written notice of your desire to do so by email at [email protected] within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you do not provide Give-A-Hand with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.
The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Give-A-Hand with an Arbitration Opt-out Notice, will be the state and federal courts located in the state of Delaware and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Give-A-Hand with an Arbitration Opt-out Notice, you acknowledge and agree that you and Give-A-Hand are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
- Arbitration rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
- Arbitration process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
- Arbitrator’s decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Payment of all filing, administration and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA's Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
- No class action
You and Give-A-Hand agree to the fullest extent permitted by applicable law, that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Notwithstanding the provisions as regards how we can make changes to these Terms, if Give-A-Hand changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “last updated” date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Give-A-Hand in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Give-A-Hand and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Give-A-Hand and you regarding the Services and Content.
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
You may not assign or transfer these Terms, by operation of law or otherwise, without Give-A-Hand’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Give-A-Hand may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Give-A-Hand under these Terms, including those regarding modifications to these Terms, will be given: (i) by Give-A-Hand via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Give-A-Hand’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Give-A-Hand. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services or Products, please contact Give-A-Hand at [email protected].