Legal

Terms of Service

GivenGain User Terms of Service · Last updated December 2025

Important information

This is a legal agreement between you and the GivenGain Foundation. GivenGain operates several platforms, including givengain.com and givengain.org (collectively, the “Platform”). The Platform is governed by the terms and conditions contained in this Terms of Service Agreement (the “Terms of Service” or “Terms”). Before accessing or using any part of the Platform, you should read these Terms carefully. Your access to and use of the website are subject to these Terms, to all applicable laws and regulations, and to any other terms and conditions set forth by GivenGain.

GivenGain is willing to license and allow the use of the Platform only on the condition that you accept and agree to all of the terms and conditions contained in these Terms of Service. If you do not agree with these Terms of Service, you are not granted permission to access or otherwise use the Platform. Your access to and use of the Platform constitutes your acceptance of, and agreement to abide by, these Terms of Service.

These Terms of Service may be modified by GivenGain from time to time without advance notice by posting here, and you will be bound by any such modified Terms of Service if you continue to use this website after such changes are posted. The date these Terms of Service were last updated is stated at the beginning of this document. You are encouraged to review these Terms of Service periodically for updates and changes.

Description of the Platform

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

We allow Users to create fundraising pages, Users to donate to those pages, and Charities to access data about those pages (together, the “GivenGain Services”). These GivenGain User Terms of Service (“Terms”) govern your use of the Platform and the GivenGain Services in the capacity of a User, and set out what we require from you as a User.

Definitions

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

“Charity”
refers to organizations that are registered on the Platform to use the GivenGain Services as potential recipients of Distributions.
“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.
“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.
“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 our 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”, “GG”, “our”, “us” or “we”
refer to The GivenGain Foundation, in Switzerland (Foundation registration number CHE-114.835.299) and/or, where applicable, GivenGain Foundation USA (EIN 86-3651579) or GivenGain UK Foundation (Charity number 1204486).
“Intellectual Property Rights”
mean all legal rights, title or interest in the following anywhere in the world, whether or not filed, perfected, registered or recorded, including all renewals: (a) all patents and inventions; (b) all published and unpublished works of authorship whether or not copyrightable; (c) all trade names, logos, internet addresses and domain names, trademarks and service marks; (d) know-how; (e) all software and computer programs; (f) all data, databases and data collections; and (g) all copies and tangible embodiments of any of the foregoing.
“Website”
refers to www.givengain.com.
“User”
means any user of the Platform and/or GivenGain Services.
“User Content”
refers to all content (including text, images, logos and trademarks) supplied by Users to GivenGain for display on the Platform, or which a User posts on the Platform or through any of the GivenGain Services (including links to any third-party sites or content).
“you” or “your”
refers to you, as a User, including in your capacity as a Donor, Fundraiser and/or Charity.

Personal information

You can visit the Platform and access most of the content, features and functionality without being required to provide us with any personal information. However, to gain access to certain content, we will require that you provide us with some personally identifying information about yourself, as more specifically detailed in our Privacy Policy.

Donations

Causes

The Platform and the GivenGain Services allow you to donate, raise and direct funds towards any Charity listed on the Platform. In making a Donation, Donors recommend that we make a corresponding Distribution in support of a listed Charity. Every Charity registered on the Platform has an agreement with GivenGain. If GivenGain determines that a Charity meets the Eligibility Criteria, that Charity will be eligible to receive Distributions from the Donations made by a Donor. Charities are listed on the Platform at GivenGain’s discretion; however, we are not responsible for the activities of any Charity.

Process and eligibility

GivenGain is recognized as a charitable institution by regional authorities in each territory where we operate, enabling us to receive Donations and make the associated Distributions to your chosen eligible Charity. While we take multiple steps to ensure that Distributions are directed to the Charity identified by the Donor, GivenGain retains exclusive control over all Donations. If a Charity fails to meet the Eligibility Criteria, we reserve the right to reassign funds to another eligible Charity aligned with GivenGain’s mission to support poverty alleviation, health, education or community development. 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.

Refund policy

All Donations from Donors are gifts made voluntarily to GivenGain, a registered charitable organization, for the benefit of a Charity chosen by the Donor. 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 where:

  • the Donation was made in error, or was made in an incorrect amount;
  • the Donation was not authorized by the Donor.

In these circumstances, for Donations where the associated Distribution has not yet been paid out to any Charity by GivenGain, Donors may contact our Customer Service Team at support@givengain.com to request a refund. Please include your Donation receipt and any other relevant details related to your payment to make the process as easy and seamless as possible.

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 cases, 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. Once a refund request is approved, the time it takes for the funds to be refunded into your account may vary depending on your payment method and financial institution.

Refusal

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).

Unauthorized donations

When you make a Donation, the transaction is final and not disputable unless unauthorized use of your payment card or other payment method is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules. Similarly, if you experience any issues of this nature when using another payment method, such as PayPal, you should contact the provider of that payment method for assistance. GivenGain will never email or phone you and ask you to provide all of your payment details.

Use of your donation

GivenGain does not warrant that the Distributions made out of your Donations will be used for any particular purpose once distributed to the Charity of choice. GivenGain shall not be responsible for any dissatisfaction that you may have regarding a Charity’s use, misuse or non-use of Distributions linked to any Donation. Charities reserve the right to use the Distributions relating to your Donation for their general purposes in accordance with their practices and rules. GivenGain shall not be responsible for ensuring that funds are designated for a particular purpose.

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. For information about our fees, please see our Fees & Pricing page. Donors have the option to cover all of these fees for charities.

Good industry practice

GivenGain will provide information systems design, testing and verification standards and requirements in accordance with good industry practice, to ensure that Donors’ credit cards and debit cards are debited, and the designated donations account is credited, in a secure manner.

Acknowledgement of payments and support

GivenGain will send prompt email receipts to Donors in respect of each Donation made via the Platform and GivenGain Services, and will respond promptly to Fundraisers’ and Donors’ account enquiries received through the customer support email: support@givengain.com.

Information

GivenGain is not an accounting, taxation or financial advisor, and you should not rely on information given on the Platform or the GivenGain Services to determine any consequences of making a donation to a Charity.

User obligations

Protecting your account

When you register with GivenGain and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password to prevent others gaining access to your personal information. This includes any taxpayer details you may have saved under your profile in order to claim tax or tax deductions in accordance with applicable laws and regulations. Claiming tax or tax deductions using someone else’s taxpayer information is against the law. If you become aware of any unauthorized use of your account, we recommend that you change your password immediately and contact our Support team.

Compliance

You must at all times use the Platform and the GivenGain Services in a responsible and legal manner, and ensure that the User Content you provide does not breach any Intellectual Property Rights of a third party or breach any right or duty owed to a third party.

Accurate and lawful content

If you build a fundraising page on GivenGain, you must ensure that any information you provide to the public is accurate and not misleading. It is your responsibility to ensure that the User Content you upload on your page is your original work and/or that you have the right and/or license necessary to upload it, and that it does not infringe the Intellectual Property Rights of any third party. If any third party alleges or claims that any User Content infringes its Intellectual Property Rights, you agree to reimburse GivenGain, its successors and assigns for any losses, damages, liabilities or expenses suffered as a result of any such third-party allegation or claim.

Responsibility prior to creating a fundraising page

Building a GivenGain page in aid of a Charity in no way implies GivenGain’s or the Charity’s endorsement of your fundraising activity. Prior to commencing a fundraising activity, it is your responsibility to ensure that the benefiting Charities have no objection to the nature of the proposed activity. GivenGain reserves the right, at its absolute discretion and without notice, to cancel your personal fundraising page at the request of a Charity if the Charity deems your fundraising activity inappropriate or unnecessarily dangerous.

If you create a GivenGain page or use any of our services, please remember GivenGain is for everyone. If we find offensive, defamatory, libelous, threatening, harassing or obscene User Content on the Platform for which you are responsible, we will remove it and terminate your access. You warrant that you will not:

  • misrepresent your identity or affiliation with any other person or organization;
  • use the Platform to send junk email or “spam” to people who do not wish to receive email from you;
  • use the Platform to conduct, display or forward surveys, pyramid schemes or chain letters;
  • interfere with or disrupt the service, or networks connected to the service, or introduce any computer virus or similar malicious code to the Platform, the GivenGain Services or any other GivenGain systems;
  • attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Platform;
  • attempt to bypass the network firewall;
  • use any part of the Platform which you are not authorized to use, or devise ways to circumvent security in order to access part of the Platform which you are not authorized to access;
  • use or attempt to use the Platform for any unlawful, criminal or negligent purposes; or
  • disclose any information relating to any Donor except with the consent of the Donor or as permitted by applicable local laws.

GivenGain reserves the right to cancel your access and delete any GivenGain page without notice in the event you fail to follow any of the above rules. GivenGain may also suspend or delete a GivenGain page if the relevant Charity is no longer receiving Donations via GivenGain or is no longer active.

Prohibition on data extraction and distribution

By visiting or using the Platform and/or the GivenGain Services, you agree not to (and not to use any tool, program, script, browser extension or other technique, including bots, robots, spiders and scrapers, in order to):

  • copy (except as authorized by these Terms), mirror, frame, index, scrape, mine or otherwise gather or extract any of the content or data from the Platform and/or the GivenGain Services; or
  • sell or distribute any data which is gathered or extracted in breach of these Terms, or which is based on or derived from any such data.

GivenGain may take any measures it sees fit to block access where it believes that these Terms have been or will be breached. You agree not to take any steps to circumvent these measures and not to mask your IP address. You acknowledge that, where there is any actual or threatened breach of these Terms, damages may be an inadequate remedy, and GivenGain shall be entitled to seek an injunction or other equitable relief. GivenGain may also request that you destroy any data you have gathered or extracted in breach of these Terms, and you agree to comply promptly and certify the same.

User acknowledgements

By submitting and posting User Content to the Platform, you grant to GivenGain a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, modify, reproduce, publish, broadcast, display and distribute the User Content in any format, using any medium, for the purpose of promoting GivenGain or a Charity, or for any other purpose that we deem appropriate.

GivenGain operates in a number of countries, and these Terms apply in each country where we operate. Country-specific terms also apply to use of the Platform to support a Charity registered in the United Kingdom, the United States, the Republic of Ireland and other countries in the Eurozone. You acknowledge that we may change or update these Terms from time to time; the most recently updated version will always be available on the Platform and will govern any future usage.

Reservation of rights

GivenGain will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that GivenGain has no obligation to monitor your access to or use of the Platform, but has the right to do so for the purpose of operating the Platform and providing the Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

GivenGain does not actively edit User Content on the Platform but reserves the right to remove or edit any User Content posted on the Platform at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene, racist, defamatory, misleading, deceptive or otherwise inappropriate. If you notice any such User Content, please email us at support@givengain.com.

Additionally, GivenGain reserves the right to modify, suspend or discontinue all or any part of the Platform and/or the GivenGain Services at any time, with or without notice. All new features, services or software applications incorporated into the Platform shall be subject to these Terms unless otherwise decided by GivenGain, in its sole discretion.

Privacy

GivenGain’s Privacy Policy forms part of these Terms. By agreeing to these Terms, you also confirm having read and understood how we process your personal information in accordance with the GivenGain Privacy Policy. We may update, modify, amend and/or replace our Privacy Policy at any time without prior notice. Only the latest version of the Privacy Policy made available on our Website shall be applicable. Where appropriate, we will notify you of material changes to the Privacy Policy by email or post.

You acknowledge and agree that, if you oppose the processing of your personal data by GivenGain as per your legal rights provided under applicable laws, we may suspend or completely interrupt your access to the Platform and your account, and we may no longer provide you the GivenGain Services.

Trademarks

The names GivenGain, GivenGain Foundation, GivenGain UK Foundation, GivenGain Foundation USA, givengain.com, the GivenGain logo, and any other product and service names, trademarks, service marks, trade names and logos of GivenGain or any of its affiliates, 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, in particular those of charities or other organizations, are the property of their respective owners and must not be used without the express permission of both GivenGain and the trademark owner.

Intellectual property rights

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 grants to the User a personal, non-exclusive, non-transferable, revocable and royalty-free license 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.

Partner services

GivenGain may from time to time select partners offering relevant information and services that we believe will enhance the Platform and/or the GivenGain Services. While we will do our best to select reputable partners, we are not responsible for any of the information or services offered by them, and if you choose to use their services, you do so at your own risk.

Failure to comply with these Terms

In the event that you fail to comply with these Terms, GivenGain reserves the right, at its sole discretion and without prejudice to any other legal, statutory or contractual rights, to immediately and without notice suspend or permanently deny your access to all or part of the Platform and/or the GivenGain Services.

Termination

You may discontinue use of the Platform and/or the GivenGain Services at any time. These Terms will continue to apply to your past use.

General disclaimer

Your use of this Platform is at your sole risk. All services are provided on an “as is” or “as available” basis, and GG 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. GivenGain makes no warranty that the Platform, services and content are accurate, timely, uninterrupted, virus-free or error-free, or that any such problems will be corrected.

Indemnity

You agree to defend, indemnify and hold harmless GG and its affiliates, and all of their respective employees, funders, parents, subsidiaries, joint ventures, affiliates, agents, developers, directors, officers and attorneys, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from (i) any breach or alleged breach by you of these Terms of Service, or (ii) any act or omission related to your use of this Platform.

Liability

Disclaimer

You agree that the Platform and the GivenGain Services are provided on an “as is” and “as available” basis, and that your use thereof is at your sole risk. GivenGain does not warrant or guarantee continuous, uninterrupted, error-free, virus-free or secure access to the Platform and the GivenGain Services. Operation may be interfered with by numerous factors outside of our control. Except as expressly set out in these Terms, and except for rights, guarantees and remedies which cannot be excluded, GivenGain does not give any warranties or undertakings in relation to the Platform or the GivenGain Services, to the extent permissible by law. GivenGain will undertake general maintenance and upkeep from time to time, during which the Platform may not be available.

Limitation of liability

If found liable, GivenGain shall only be liable under these Terms for direct losses which are reasonably foreseeable and caused by GivenGain’s uncured material breach of these Terms or GivenGain’s negligence. GivenGain’s total liability to you arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the Donations you have made using the Platform in the preceding 12-month period, ending on the date the circumstances giving rise to GivenGain’s liability arose.

Liability for loss

In no event shall GivenGain be liable for losses relating to any business of yours, or lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss or waste of management or other staff time, or any indirect, incidental, consequential or special loss, even if GivenGain has been advised of the possibility of such damages. You expressly agree to the allocation of risk set forth herein. Nothing in these Terms excludes any statutory rights which apply to your use of the Platform and which cannot be excluded, restricted or modified by contract under applicable law.

Third party rights

A person who is not a party to these Terms has no right to enforce any term of these Terms.

Miscellaneous

These Terms of Service constitute the entire agreement between you and GG and govern your use of the Platform, superseding any prior agreements between you and GivenGain. You will not assign these 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. Any purported assignment or delegation by you without GG’s prior written consent will be null and void. We may assign these Terms of Service or any rights hereunder without your consent.

Failure by GG to insist on strict performance of any of the terms and conditions of these Terms of Service will not operate as a waiver of that or any subsequent default. The Platform is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation, or which would subject GG to any registration requirement within such jurisdiction. We reserve the right to limit the availability of the Platform, or any portion of it, to any person, geographic area or jurisdiction, at any time and in our sole discretion.

If any provision (or part thereof) contained in these 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, 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. No joint venture, partnership, employment or agency relationship exists between you and GG as a result of these Terms of Service or your use of the Platform. Headings herein are for convenience only.

Additional terms: causes registered in the United Kingdom

These additional terms apply and will prevail where you access the Platform or the GivenGain Services to make a Donation to, or raise funds for, a Charity registered 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.

UK taxpayers only: Gift Aid and tax

When you donate, you make the Donation to the GivenGain UK Foundation (charity no. 1204486), a charity registered with the Charity Commission for England and Wales. GivenGain UK Foundation may be authorized to reclaim Gift Aid under the UK government’s Gift Aid scheme, which applies to donations made to certain UK registered charities and Community Amateur Sports Clubs (“CASCs”). GivenGain UK Foundation will make a claim for Gift Aid on the Donation provided that you (i) confirm that you are a UK taxpayer and have paid sufficient UK relevant taxes in that tax year, so that a claim on the Donation is permitted; and (ii) elect for GivenGain UK Foundation to reclaim Gift Aid on the relevant Donation. Where a Gift Aid claim is made, the Gift Aid received will be distributed in full as an additional grant to the Charity to which the Donation is distributed.

Supporting the work of GivenGain

In consideration of using the Platform and the GivenGain Services, we accept a voluntary gratuity from the Donor. All Donations are also subject to third-party payment processing fees.

Governing law and dispute resolution

These Terms, and any contractual or non-contractual dispute arising out of or in connection with your use of the Platform and the GivenGain Services, are governed by English law. The parties agree to submit all unresolved disputes to arbitration administered by the International Centre for Dispute Resolution (“ICDR”) and governed by the ICDR Arbitration Rules then in effect, except that either party may seek injunctive relief for infringement of intellectual property rights or other proprietary rights in court. For all arbitrated matters, one (1) arbitrator will be appointed under the ICDR Rules, and the locale of arbitration will be London, England, unless the parties mutually agree to another locale before the appointment of the arbitrator.

Additional terms: causes registered in the United States

These additional terms apply and will prevail where you access the Platform or the GivenGain Services to make a Donation to, or raise funds for, a Charity in the United States. The local GivenGain entity who provides the service to you in the United States is GivenGain Foundation USA (EIN 86-3651579). Generally, a U.S. individual may not claim a personal U.S. income tax deduction for any charitable donation to a non-U.S. organization.

Intellectual property complaints

GivenGain respects the intellectual property rights of others and requires those that visit the Website to do the same. If you believe that your work has been used on the Platform in any manner that constitutes infringement, please notify us at support@givengain.com. The notice should include:

  • an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
  • a description of the work you claim has been infringed, including a copy of the work or the web page address where it may be found;
  • identification of the location on the Website of the material you claim has been infringed, or the link or reference to another website that contains the material;
  • your name, address, telephone number and email address;
  • a statement that you have a good-faith belief that the disputed use is not authorized by the owner, its agent or the law; and
  • a statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner of the material allegedly infringed or authorized to act on the owner’s behalf.

No class action

You and GivenGain agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that neither you nor GivenGain will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or GivenGain acts in a representative capacity. No proceeding will be joined, consolidated or combined with another without the prior written consent of you, GivenGain and all parties. These Terms, and any dispute arising out of or in connection with your use of the Platform, are governed by, and shall be construed in accordance with, the laws of the State of New York, without giving effect to its conflicts of laws provisions.

Users under 18

It is a condition of use of the Platform and GivenGain Services that fundraising may only be conducted by users over the age of 18. If you have any concerns whatsoever about a child’s use of our services, please notify us immediately by emailing support@givengain.com.

Charity donation eligibility

GivenGain Foundation USA takes all reasonable steps to attempt to grant donated funds to the designated Charity selected; however, GivenGain Foundation USA retains exclusive legal control over all donations. In the rare cases when a designated nonprofit fails to meet GivenGain Foundation USA’s grantmaking requirements (e.g., the charity’s tax-exempt status is revoked or it is otherwise not in good standing), GivenGain Foundation USA will contact the customer and invite them to select an alternative nonprofit. If the alternative Charity is not eligible to receive the grant, GivenGain Foundation USA will select an alternate grantee.

Timing of disbursements

Donations are sent to eligible Charities no later than 30 days after the end of the month in which the donations are made. Donations may be sent to eligible Charities more quickly, as set forth in the applicable Transfer Schedule.

Additional terms: users residing in the United States

Governing law

These Terms of Service have been made in, and will be construed and enforced solely in accordance with, the laws of the United States of America and the State of New York, U.S.A. You and GG each agree to submit to exclusive subject-matter jurisdiction, personal jurisdiction and venue in the federal and state courts located in New York County, NY. You and GG agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and not as a class, representative or collective action.

Arbitration

At GG’s sole discretion, any disputes or claims under these Terms of Service or their breach may be submitted to and resolved exclusively by arbitration conducted in accordance with American Arbitration Association rules. One arbitrator appointed under such rules shall conduct the arbitration in New York County, New York, applying the laws of New York. Any decision shall be final and binding, and judgment may be entered thereon in any court of competent jurisdiction. Notwithstanding the above, GG may sue in any court for infringement of its proprietary or intellectual property rights. Any claim or cause of action arising out of or related to use of the Platform, or these Terms of Service, must be filed within one (1) year after such claim arose, failing which it shall be barred.

No solicitation or endorsement

The Platform provides users with the ability to designate nonprofit organizations to receive donations from their fundraising activities, and may display a charitable organization’s logo or additional information. The listing or display of a charitable organization on the Platform does not constitute a solicitation of donations. GivenGain does not engage in any solicitation activities on behalf of, or endorse, any of the charitable organizations included on or linked from the Platform, nor does it consult on the solicitation of contributions on behalf of any individual, entity or organization. GivenGain makes no warranty or guarantee about the accuracy, completeness or adequacy of the information displayed. As a potential donor, it is your sole responsibility to review and research the charitable organizations you request your donation be directed to.

Blogs

The Platform contains blogs. The content, views and opinions published in blogs may be written by employees, volunteers or unaffiliated third-party contributors. All blogs belong solely to their respective authors and do not necessarily reflect the views of GivenGain, its management or employees. GivenGain is not responsible for, and disclaims any and all liability for, the content of the blogs.

Additional terms: causes registered worldwide

These additional terms apply and will prevail where you access the Platform or the GivenGain Services to make a Donation to, or raise funds for, a Charity worldwide, except for Charities located in the United States of America and the United Kingdom. The local GivenGain entity who enters into contract with you and provides the GivenGain Services is The GivenGain Foundation (foundation no. CHE-114.835.299), whose registered office is at Avenue Centrale 122, 1884 Villars-sur-Ollon, Vaud, Switzerland.

VAT

GivenGain does not charge VAT on its GivenGain Services.

Donor screening

GivenGain may perform appropriate due diligence reviews on Donors prior to and/or following receipt of a Donation. Such review may relate to a Donor’s identity and contact details, ultimate beneficial owners, financial history, professional and business background, criminal and debt-collection history, personal reputation and integrity, public online presence, legal and regulatory compliance, and sources of funding. The due diligence aims to ensure that GivenGain complies with its legal and regulatory obligations and that the Donation is consistent with GivenGain’s internal policies. If due diligence does not bring satisfaction to GivenGain, it reserves the right not to accept the Donation and to reimburse the Donor. In any event, GivenGain reserves the right not to accept any Donations at its entire discretion; in case of refusal, GivenGain will notify the Donor and fully reimburse the amount donated, excluding out-of-pocket expenses generated by such reimbursement. The Donor shall have no claims or rights of action against GivenGain in case of refusal of a Donation.

Governing law and dispute resolution

These Terms, and any controversy, disagreement or dispute arising out of or in connection with the conclusion, validity, interpretation, execution, performance or breach of these Terms, as well as your use of the Website or the associated services, are governed by the laws of the Republic of Ireland, and the courts of the Republic of Ireland have exclusive jurisdiction.