GivenGain Charities Terms of Service

Last updated: December 2025

Important Information

GivenGain operates the GivenGain online platform, including but not limited to this Website and the other websites or applications comprising the GivenGain platform from time to time (the "Platform") that receives, processes and distributes Donations designated for and on behalf of the Charities featured on the Platform.

We allow Users to create fundraising pages, for Users to make donations through those pages and for Charities to access data about those pages (together, the "GivenGain Services"). These GivenGain Charities Terms of Service ("Terms") govern the Charity's use of the GivenGain Services. Charities that sign up to use the GivenGain Platform can make use of the Platform and the GivenGain Services and, subject to GivenGain confirmation of the Charity’s eligibility, may receive Distributions from Donations that Donors have designated for that Charity.

Charities Terms of Service

Please read these Terms carefully. As Users of the Platform, Charities agree to these Terms. If a Charity does not wish to be bound by these Terms, it should immediately cease to use or access any of the GivenGain Services and the Platform and must notify GivenGain in writing immediately of any revocation of its agreement. GivenGain operates in a number of countries. These Terms apply in each country where we operate. This introduction, the definitions, and Sections [1 to 21] of these Terms (the "Core Terms") apply to all Charities, wherever they are located. Additional Terms (displayed after the Core Terms) may apply depending on the type and location of a Charity.

Please note that separate terms and conditions apply (in addition to these Terms) for the use of certain GivenGain products or services, such as APIs.

We may change or update these Terms from time to time. We will endeavour to give you reasonable notice of any material changes. The most recently updated version of the Terms will always be available on the Platform and will govern any future usage by the Charity of the GivenGain Services and the Platform. It is the Charity's responsibility to be informed of the Terms whenever and wherever the Charity accesses the Platform or uses the GivenGain Services. The date on which these Terms were last updated is clearly stated at the top of this document.

These Terms supersede and replace all previous versions of the Terms.

Definitions:

The defined expressions in these Terms shall have the meanings ascribed to them below or within the provisions hereof.

"Charity" refers to organisations that are registered on the Platform to use the GivenGain Services as potential recipients of Distributions and shall include you for the purposes of these Terms, unless the context indicates the contrary intention.

"Charity Content" refers to all content (including text, images, logos, and trademarks) supplied by a Charity to GivenGain for display on the Platform or which the Charity posts on the Platform or through any of the GivenGain Services (including, in each case, links to any third-party sites or content).

"Donor" refers to any person or entity that makes a Donation.

"Donation" refers to any voluntary financial gift made through the Platform in support of a Charity.

"Distribution" refers to the amount which GivenGain transfers from a given Donation to the applicable Charity (subject to these Terms), being the Donation less the applicable Fee.

"Eligibility Criteria" mean GivenGain's criteria for Charities to be eligible to receive Distributions from time to time, which include complying with our Charity Certification Policy and such other standards which we may communicate from time to time.

“Fee” means the amount retained by GivenGain from each donation, determined in accordance with https://www.givengain.com/en/pricing.

"Fundraisers" refers to Users who create and manage campaigns on the Platform, with the objective of raising money for a specific Charity or Charities.

"GivenGain", "us" or "we" refer to GivenGain Foundation Switzerland (registration number: CHE-114.835.299) and/or, where applicable, GivenGain Foundation USA (EIN: 86-3651579) or GivenGain UK Foundation (charity number: 1204486).

"User" means any user of the Website, Platform, and/or GivenGain Services; "Website" refers to www.givengain.com.

"you" refers to you, as a User of the Platform or the GivenGain Services in the capacity of a Charity.

Donations and Distributions Designated for Charities
1. Donations - overview: GivenGain is comprised of registered authorised charitable institutions in Switzerland, the United States, and the United Kingdom. GivenGain was formed to receive Donations and to make Distributions from them to Charities. Distributions will only be made to Charities registered with their regional authority and which GivenGain has assessed to be eligible to receive them in accordance with Section 1.2.
2. ‍Donations - eligibility: GivenGain makes every effort to ensure that all Charities on the Platform are eligible to receive Distributions. While we take multiple steps to ensure that Distributions made from Donations are directed to the Donor's identified Charity, GivenGain retains exclusive control over all Donations. Each Charity warrants that it meets the Eligibility Criteria. If GivenGain determines that a Charity fails to meet the Eligibility Criteria, we reserve the right to reassign funds to another eligible Charity. In such cases, we will, whenever possible, ask the Donor to recommend an alternative enrolled Charity from GivenGain's directory to receive the Distribution. If we are unable to contact the Donor or they choose not to respond, we will make the Distribution to a Charity that aligns with our core objectives of supporting poverty alleviation, health, education, or community development.
3. GivenGain will maintain all Donations received in a secure, dedicated bank account. These funds will be held for a minimum of two weeks before being eligible for distribution. Payment of eligible Distributions to Charities will be subject to the minimum transfer limits for the relevant currency. Please click here for more details on minimum transfer limits. Accumulated funds that have reached the applicable minimum transfer limit will be transferred (see Section 1.5.2) to Charities on a weekly basis.‍
4. Donations - origins: As part of the GivenGain Services, Donors can make Donations, designated to Charities, by credit or debit card, or by any other payment method made available by GivenGain. Donations can be made through the Platform either through a Fundraising Page that has been set up for the designated Charity or directly on the Charity's area on the Platform. GivenGain has implemented PCI standards regarding secure storage of data and strong access control to comply with PCI DSS standards. [For further information on how we securely handle cardholder data, click here.] GivenGain shall hold the Donations received in a separate account or accounts from other funds belonging to GivenGain.‍
5. Donations - Distributions: GivenGain will set up arrangements to ensure that all Distributions (i.e. the Donations received by GivenGain after deduction of the Fees) are:
  1. paid into a designated account and are held in accordance with clauses 1.3; and
  2. paid out by automated bank transfer from the designated account to the Charity's validated bank account. Please click here for more details on transfer schedules.‍‍
6. ‍Donations - use of Distributions: Although GivenGain will take reasonable steps to confirm each Charity's compliance with the Eligibility Criteria in accordance with Section 1.2, GivenGain will not be held liable in any way whatsoever (whether to the Donor, the Charity, or any third party) for the use of Distributions by the Charity.‍
7. Donations - acknowledgement of payments: GivenGain will send email receipts to Donors in respect of each Donation designated for the Charity via the GivenGain Services.‍‍
8. ‍Donations - support mechanism: GivenGain will respond promptly to User account enquiries that it receives through the customer support email: support@givengain.com‍
‍Personal Data‍
1. GivenGain will capture personal data including but not limited to the Fundraisers' and the Donors' names, titles, postal addresses and email addresses.
2. Anonymity: In the case that a User chooses to stay anonymous, their Personal Data shall not be disclosed to any third party, including the designated Charity.‍
3. Cookies and personal data: Charities should refer to the GivenGain User Terms of Service and GivenGain Privacy Policy for more details of how GivenGain operates its services, processes and protects Personal Data and uses cookies. In certain circumstances, strictly necessary Personal Data about the Donor will be shared with the Charity in accordance with the GivenGain Privacy Policy. We can update, modify, amend and/or replace our GivenGain Privacy Policy at any time without any prior notice, so that you understand and agree to regularly consult and read our GivenGain Privacy Policy on our Website to be aware of the way we process personal data. Only the latest version of the GivenGain Privacy Policy made available on our Website shall be applicable. Where appropriate, we will notify material changes to the Privacy Policy to you by email or post.‍
4. Opposition to the processing: If a data subject objects to the processing of their data by the Charity, it is the Charity’s responsibility to assess and act on that objection in accordance with applicable law.‍
5. Compliance: GivenGain shall respect the rights of data subjects and act in accordance with UK Data Protection Law.‍
6. Charity account compliance: Once Charities have completed the registration process for the Platform, GivenGain will provide access to a secure, password-protected account on the Platform where the Charity can view and download details of Donations designated for the Charity, details of Distributions made by GivenGain to the Charity and updates on Donor details ("Charity Account"), all such information shall be provided by GivenGain subject to and in strict compliance with:
  1. the applicable Local Privacy Laws as they apply to the relevant Donors;
  2. The GivenGain Global Privacy Policy
  3. the privacy laws referred to in the country specific terms relevant to the Charity; and
  4. In GivenGain’s discretion any other privacy laws, regulatory requirements and guidance frameworks throughout the world which are applicable to such processing of Personal Data, (together, "Global Privacy Laws").
7. GivenGain will not sell, trade, or rent Personal Data to third parties.‍‍
‍Charity's Obligations – General
1. Eligibility requirements: The Charity will maintain the relevant local authority, permit, licence, consent, approval, and registration for it to fundraise (and, where applicable, for GivenGain to fundraise on its behalf) in accordance with applicable local laws and if GivenGain needs any such authority, permit, licence, consent, approval, or registration for it to fundraise on behalf of the Charity then the Charity will, at no cost to GivenGain, provide all such assistance as GivenGain reasonably requires to assist GivenGain with the same.
2. ‍Accurate and lawful content: The Charity will ensure that all Charity Content will not violate any law or regulation or be offensive, defamatory, libelous, threatening, harassing, obscene, misleading or breach any intellectual property rights of a third party or breach any right of or duty owed to a third party.
  
  The Charity will not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with the Website or any part of it.
  
  The Charity warrants that all Charity Content will comply with these Terms and that it will only use the Website in accordance with these Terms. The Charity understands and acknowledges that it is responsible for any Charity Content it submits or contributes, and the Charity, not GivenGain, has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
  
  GivenGain has the right to remove or refuse to post any Charity Content for any reason in its sole discretion.‍
3. Refunds or chargebacks: All Donations from Donors are gifts made voluntarily to GivenGain, a registered charitable organization, for the benefit of a Charity chosen by the Donor. Donors may contact our Customer Service Team at support@givengain.com to request a refund. Refunds may be granted at GivenGain's discretion. Refunds are granted only in exceptional circumstances, and only when the associated Distributions have not been made to a Charity. Some circumstances in which refunds might be granted include:
  1. the Donation was made in error, or was made in an incorrect amount;
  2. the donation was not authorised by the Donor.
    
    In exceptional circumstances and in GivenGain's sole discretion, GivenGain may facilitate a refund where Distributions have already been made to the Charity of choice. In such exceptional circumstances, the Charity shall be notified, and the Donor shall be refunded on the basis that this amount is deducted from future distributions made to the Charity. The Charity agrees that GivenGain may process deductions as contemplated in this Section 3.3.‍‍
4. ‍Refusal of Donations: In certain circumstances, GivenGain may in its sole discretion refuse a Donation for any reason including where GivenGain has a legal obligation to do so (such as where the Donation comes from an illegal source or with an illegal condition, where a Donor does not have the mental capacity to make a Donation and/or where the Donation cannot be legally given to a Charity). GivenGain will have no liability to the Charity in respect of any refusal including (without limitation) any loss of donation.‍
5. Obligation to inform - without request: The Charity will inform GivenGain immediately if, for any reason, it
  1. ceases to meet the Eligibility Criteria or carry on operating for charitable purposes;
  2. is found to be engaged in any corrupt or immoral practices;
  3. is subject to any investigation or inquiry which could result in the necessary authority, permit, license, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws being suspended, revoked or withdrawn; or
  4. ceases to have the necessary authority, permit, licence, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws.‍
6. Obligation to inform - upon request: The Charity will promptly provide any information reasonably requested by GivenGain in order for GivenGain to be able to provide the GivenGain Services to the Charity effectively.‍
7. Protecting your account: The Charity will maintain the security and confidentiality of any passwords provided by GivenGain for the purpose of accessing the Charity Account and shall not share these passwords with any third party. GivenGain shall not be liable for and accepts no responsibility for misuse of any Charity Account.
8. The Charity represents, warrants, and undertakes to GivenGain that:
  1. these Terms are binding on the Charity and have been accepted and agreed to by a sufficient number of its duly authorised representatives; and
  2. any documents provided to GivenGain as part of the Charity's application for registration or maintenance of such registration are true and accurate have been or shall be executed by a sufficient number of its duly authorised representatives.
‍ Data Protection and Direct Marketing
1. Charity obligations - data protection of data subjects: To the extent that the Charity's use of the GivenGain Services results in access to any Personal Data, the Charity will process such Personal Data in the capacity of independent data controller:
  1. The Charity acknowledges that it becomes an independent Data Controller upon receipt of Personal Data from GivenGain and assumes full responsibility for its processing from that point onward;
  2. not cause or permit anything which may result in a breach by GivenGain of the Data Protection Laws and comply with all reasonable instructions from GivenGain relating to the processing by the Charity of such Personal Data;
  3. comply with the Data Protection Laws in respect of the Charity's collection, use, disclosure or processing of the Personal Data, in particular by maintaining the required processing registers and logs, adequately informing data subjects of the processing of their personal data and obtaining their valid consent where necessary and complying with its duties to report data breach (and promptly informing GivenGain of the occurrence of data breach in order to coordinate where necessary);
  4. abide by the lawful instructions of all data subjects in respect of the Personal Data and not do anything to compromise the security of such information;
  5. deal adequately with access requests from data subjects and communications from supervisory authorities (and promptly inform GivenGain of the receipt of such access requests and/or communications in order, where appropriate, to coordinate);
  6. not sell, trade or rent Personal Data to third parties;
  7. hold the Personal Data securely and not disclose it to any third party, unless expressly agreed to by the data subject or permitted by Data Protection Laws
  8. implement adequate security, technical and organisational measures against all unauthorised, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Data in accordance with Data Protection Laws.
  9. use Personal Data appropriately and only for the specific purposes as notified to data subjects
  10. not retain any Personal Data for longer than is necessary.‍‍
2. ‍Marketing communications: In addition to its obligations under Section 4.1 above:
  1. If the Charity's use of the Platform and/or the GivenGain Services results in access to any Personal Data and the applicable data subject has agreed to receive marketing communications from the Charity (as will be reflected in the Charity Account), then the Charity will only send marketing communications to that data subject to the extent permissible under applicable law and that it has indicated their preference to receive such communications.
  2. If a data subject has not indicated a preference in respect of receiving such communications or has otherwise asked to stop receiving such communications (this includes the data subject clicking an unsubscribe link or registering with any applicable preference service (which the Charity agrees it shall, to the extent it is required to do so, check before sending any communications)), then the Charity will not send any marketing communications to such data subject.
  3. Where use of the GivenGain Services or the Platform results in access by a Charity to any Personal Data relating to a Fundraiser which manages a campaigns on the Platform with the objective of raising money for that Charity, but that Fundraiser has not agreed to receive marketing communications from the Charity, as will be reflected in the Charity Account, the Charity shall only communicate with that Fundraiser in relation to their specific fundraising page and shall not (unless separate consent is obtained by the Charity) communicate with that person for any other purpose (including marketing).
  4. The Charity shall be liable for and indemnify GivenGain, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by GivenGain which arise (directly or indirectly) out of or in connection with any breach of applicable data protection and privacy laws or Sections 4.1 or 4.2 by the Charity.‍‍
‍Intellectual Property Rights and Licence‍
1. All Intellectual Property Rights in the Platform, the GivenGain Services, and any material (including text, photographs and other images, trademarks and logos) contained therein are either owned by GivenGain or have been validly licensed to GivenGain. Nothing in these Terms shall operate as an assignment of any such Intellectual Property Rights. GivenGain hereby distributions to the Charity a personal, non-exclusive, non-transferable, revocable, and royalty-free licence for the Charity to use the Platform and the GivenGain Services for the sole purpose for which they are provided and subject to, and strictly in accordance with, these Terms.
2. The Charity hereby distributions to GivenGain, its affiliates and its partners a non-exclusive, worldwide and royalty-free (licence or right) to use its name and logo, and any other current and future trademarks, service trademarks, trade names and logos owned or controlled (with the right to grant such licence) by Charity or any of its affiliates (including the Charity Content), anywhere in the world and all legal rights, title or interest in, thereunder or in respect thereof arising under any laws, whether or not filed, perfected, registered or recorded, including all renewals thereof in connection with the performance and promotion of the GivenGain Services. The Charity shall have the opportunity to review and approve information about the Charity and/or the use of its name, logo and/or other IP rights licensed pursuant to this clause 5.2 in each case to the extent included on the platform. However, such prior approval shall not be required when peer-to-peer charitable fundraising is involved, or for information provided by the recipient charitable organization.
3. The licences in Sections 5.1 and 5.2 shall terminate automatically on valid termination of the Charity's use of the Platform and GivenGain Services.
4. The Charity shall be liable for and shall indemnify GivenGain, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by GivenGain which arise (directly or indirectly) out of or in connection with any third party demand, claim or action alleging that any Charity Content or the use of its name, logo, and/or other IP rights licensed pursuant to clause 5.2 infringes any third party's Intellectual Property Rights or that the license granted to GivenGain under Section 5.2 is not valid or cannot otherwise be enforced by GivenGain.
Trademarks:
The names GivenGain, GivenGain Foundation, GivenGain UK Foundation, GivenGain Foundation USA, givengain.com, the GivenGain logo, and any other product and service names that we may present on the Website or its associated services from time to time, and any other current and future trademarks, service trademarks, trade names and logos of GivenGain or of any of its affiliates, anywhere in the world and all legal rights, title or interest in, thereunder or in respect thereof arising under any laws, whether or not filed, perfected, registered or recorded, including all renewals thereof may not be used in connection with any product or service that is not GivenGain's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit GivenGain. Other trademarks, service marks, or logos that appear on the Website or its associated services, in particular (but not exclusively) those of charities, or other organisations, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use, as set out in these Terms in particular. They must not be used in contradiction to these Terms without the express permission of both GivenGain and the trademark owner.‍‍
Records and Audit Requirements
1. Records and audits: GivenGain will keep proper records of all Donations and income received and expenses incurred for such period as may from time to time be required by the applicable local governmental revenue body, and maintain records which relate to the Charity and the performance of the obligations hereunder (to which the Charity may, subject to the Data Protection Laws, have access to and take copies of at its own expense, on request and at reasonable times).‍
2. Reports: GivenGain will, via the Charity Account, provide each Charity with the ability to download reports outlining: the number of and the value of the Distributions received, and (where applicable) the Fees deducted from the total Donations in accordance with Section 10.
Site Maintenance and Miscellaneous‍
1. GivenGain will comply at all times with all applicable laws and applicable authority, licence, permit and registration requirements.
2. GivenGain will undertake planned maintenance and upkeep of the Platform and the GivenGain Services.
‍Intermediary‍
1. GivenGain, as operator of the Platform, acts as an intermediary between the Charity and the individual Users of the GivenGain Services. Whilst the Charity and the individual User information resides on the Platform, GivenGain does not check or exercise any editorial control over the content of such information. In the event that GivenGain is made aware of or has knowledge of any unlawful activity or information on the Platform, GivenGain shall promptly act to remove or disable access to the information. GivenGain shall not be liable to the Charity as a result of its role as an intermediary and is not required to notify the Charity of any such removal or disablement of access to information.
‍Fees
GivenGain retains the Fee from all Donations to cover our costs, including banking and acquiring fees and operating expenses. The Fee is retained by GivenGain to support our mission and help us build new tools and features to make giving better for everyone.

Unlike other platforms, donors have the option to cover these Fees for Charities. Learn more.
‍Liability‍
1. Nothing in these terms and conditions shall act to exclude or limit GivenGain's or the Charity's liability: (I) for death or personal injury resulting from its negligence, (II) fraud, (III) under any indemnity contained in these Terms, or (IV) any other liability which may not, by applicable law, be excluded or limited.‍
2. Disclaimer of warranties and limitation of liability: The Charity agrees that the Platform and the GivenGain Services are provided on an "as is" and "as available" basis and that its use thereof is at the Charity's sole risk. GivenGain does not guarantee continuous, uninterrupted, error or virus free or secure access to the Platform and the GivenGain Services. Operation of the Platform and the GivenGain Services may be interfered with by numerous factors outside of GivenGain's control. On that basis, except as expressly set out in these Terms, GivenGain does not give any warranties or undertakings in relation to the Platform or the GivenGain Services, (and they are excluded to the fullest extent permissible by law) and GivenGain expressly disclaims all warranties and conditions with respect to the platform and all elements thereof, whether implied, express or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third party rights, satisfactory quality, quiet enjoyment and accuracy.‍
3. General liability exclusions: Subject to Section 11.1, in no event shall GivenGain be liable (whether for breach of contract, negligence or for any other reason) for any loss or damage which the Charity may claim to have suffered by reason of its (or any User) access or use of (or inability to access or use) the Platform or the GivenGain Services or any part of them, including (but not limited to) loss of profits, exemplary or special damages, loss of sales, loss of donations, loss of Gift Aid, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, incidental consequential or special loss, however arising.‍
4. Format and content: GivenGain may change the format and content of the Platform and/or the GivenGain Services from time to time. In particular, the Charity should refresh its browser each time it visits the Website to ensure that the Charity downloads the most up to date version of the Website, including the latest version of these Terms.‍
5. Limitation of liability: Subject to the other terms of this Section 11, the total aggregate liability of GivenGain arising under or in connection with the Charity (or any other User) accessing or using the Platform or the GivenGain Services or any inability to access or use the Platform or the GivenGain Services shall be limited to the total Fees retained by GivenGain in relation to Distributions to the Charity in accordance with these Terms during the preceding 12 months period ending on the date the circumstances giving rise to the liability arose.
6. To the extent that any of the exclusions or limitations of liability contemplated in these Terms are not permitted by applicable laws, GivenGain's liability will be limited to the greatest extent permitted by law.
‍Insurance
Each party must at all times maintain such adequate insurances as are required by local applicable laws or as are customary for the parties to an agreement of the nature of these Terms to maintain in the local marketplace.‍‍
Confidential Information
During the term of the Charity's membership and for a period of seven (7) years thereafter, the parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of the Platform or the GivenGain Services and which is not in the public domain. No party shall use or disclose to any third party such information belonging to the other party without that party's prior written consent, except where required to do so for provision of the GivenGain Services and supply and maintenance of the Platform by GivenGain, or where required by applicable local law or regulatory or governmental body. For the avoidance of doubt, any affiliates, substitutes, auxiliaries or subcontractors procured by GivenGain for the provision of the GivenGain Services and supply and maintenance of the Platform shall not be considered third parties under the meaning of this Section 13 and can have access to all necessary information relating to Charities for proper performance of their tasks and duties therefor. This Section 13 is autonomous from the Terms and hence shall still be enforceable post termination of these Terms.
‍Suspension of GivenGain Services
GivenGain may, in its sole discretion, without liability to the Charity, suspend the operation of the Platform and/or any of the GivenGain Services in full or in part at any time, for example but without limitation for repair or maintenance work or in order to update or upgrade the contents or functionality of Platform and/or the GivenGain Services from time to time.
‍Termination
You may discontinue use of the Platform and/or the GivenGain Services. These Terms will continue to apply to your past use.
‍Notices and Entire Agreement‍
1. Notices referred to above should be made in writing and sent by registered post to the addresses given in the applicable country specific terms or, in the case of notices to be sent by or to GivenGain, by email to support@givengain.com.‍
2. These Terms represent the entire agreement between GivenGain and the Charity and supersede and replace any other representations made orally or in writing.
‍Third Party Rights
A person who is not a party to these Terms has no right to enforce any term of these Terms.
‍Complaint handling procedure‍
1. GivenGain will promptly respond to any complaints from fundraisers or donors concerning the GivenGain Services.
2. GivenGain will maintain records relating to complaints it receives.
Dispute resolution
1. ‍GivenGain will promptly respond to any complaints from fundraisers or donors concerning the GivenGain Services.
2. GivenGain will maintain records relating to complaints it receives.
3. If a dispute arises under these Terms or concerning its subject matter, either party may at any time give written notice to the other requesting that a meeting take place to seek to resolve the dispute. The nominated senior representatives of both parties must meet within five business days of the notice and try to resolve the dispute in good faith. If such a meeting does not take place or if five business days after the meeting the dispute remains unresolved, either party may pursue its rights at law.
4. Despite the existence of a dispute, each party must continue to perform its obligations under these Terms.
5. Sections 18.4 and 18.5 do not restrict or limit the right of either party to obtain interim, protective or interlocutory relief, or to immediately terminate these Terms where these Terms provide such a right.
Governing Law
These Terms and any controversy, disagreement, dispute and/or any contractual or non-contractual claim arising out of or in connection with the conclusion, validity, interpretation, execution, performance or breach of these Terms, as well as a Charity's use of the Platform and/or the GivenGain Services are governed by the law, and subject to the jurisdiction of the courts, of the country set out in the applicable country specific terms.
‍Miscellaneous‍
1. This Terms of Service constitutes the entire agreement between you and GivenGain, superseding any prior agreements between you and GivenGain. You will not assign the Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of GivenGain.
2. We may assign these Terms of Service or any rights hereunder without your consent. Failure by GivenGain to insist on strict performance of any of the terms and conditions of this Terms of Service will not operate as a waiver by GivenGain of that or any subsequent default or failure of performance.
3. The Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject GivenGain to any registration requirement within such jurisdiction or country.
4. We reserve the right to limit the availability of the Platform or any portion of the Platform, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the service or other features that the Platform provides.
5. If any provision (or part thereof) contained in this Terms of Service is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.
6. No joint venture, partnership, employment, or agency relationship exists between you and GivenGain as a result of these Terms or your use of the Platform.

Additional Terms For Charities in the United States

Charities Obligations – Eligibility
Eligibility requirements in California, USA: Pursuant to the laws governing charitable fundraising in the State of California, USA, the Charity may not be eligible to receive donations from California donors through the GivenGain platform if it is not in good standing pursuant to California law.

Additional Terms for Charities in the United Kingdom

The local GivenGain entity who provides the service to you is GivenGain UK Foundation (charity no. 1204486), whose registered office is at Ground Floor Marlborough House 298 Regents Park Road London United Kingdom N3 2SZ.

The following provisions apply in addition to (and in the event of any conflicts will prevail over) the Core Terms, and section headings below relate to the corresponding sections in the Core Terms:

‍Personal Data‍
1. In addition, the Charity can view and download updates on Gift Aid reclaims if it has a Charity Account.
2. The applicable Data Protection Laws in the United Kingdom include, without limitation, the Data Protection Act 2018, the retained EU law version (converted by section 3 of the European Union (Withdrawal) Act 2018) of the General Data Protection Regulation (EU) 2016//679 (UK GDPR) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426), in each case, as amended, extended or re-enacted from time to time and including all subordinate legislation made from time to time thereunder.
‍ Records and Audit Requirements‍
1. In addition, GivenGain will keep proper records of all tax reclaims for the relevant period.‍
Miscellaneous‍
1. The applicable local fundraising laws which GivenGain are required to comply with in the United Kingdom shall include, without limitation, the Charities Act 1992, the Charities Act 2011 and the Charitable Institutions (Fundraising) Regulations 1994.‍
PCI Compliance‍
1. GivenGain has implemented PCI standards regarding secure storage of data and strong access control to achieve level 3 PCI compliance via our payment providers for the GivenGain Services.‍
Gift Aid‍
1. GivenGain will offer all donors who are UK taxpayers the option of making donations in a manner that makes them eligible for Gift Aid reclaims.‍
Confidential Information
The applicable local laws in the United Kingdom, which may require disclosure of otherwise confidential information, include, without limitation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.
‍Governing Law
The governing law for the purpose of Section 19is the law of England, and the English courts have exclusive jurisdiction.

Additional Terms for Charities Worldwide (Excluding the UK and US)

The local GivenGain entity and the company who enters into contract with and provides the GivenGain Service to Charities worldwide (except for Charities based in the UK and US) is GivenGain Foundation (foundation no. CHE-114.835.299) whose registered office is at Avenue Centrale 122, 1884 Villars-sur-Ollon, Vaud, Switzerland.

The following provisions apply in addition to (and in the event of any conflicts will prevail over) the Core Terms, and section numbers below relate to the corresponding sections in the Core Terms:

Republic of Ireland
1. Personal Data
  The applicable Local Privacy Laws in the Republic of Ireland and in other countries within the Eurozone include, without limitation, the Data Protection Act 2018, the General Data Protection Regulation (EU) 2016/679 (GDPR), and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (SI No 336/2011), each as amended, extended, or re-enacted from time to time, including all subordinate legislation made thereunder.‍
2. Governing Law
  The governing law for the purpose of Section 19 is the law of the Republic of Ireland, and the courts of the Republic of Ireland have exclusive jurisdiction.