GoGiveMe Terms and Conditions
Authorised Use Policy
AGREEMENT TO TERMS
Website Terms of Service
Updated: March 2025 If you have any questions about these Terms, to resolve a complaint regarding the Site, to receive further information about using the Website / Platform GoGiveMe.com please Contact us.
1. Introduction
1.1. Purpose of the Terms: Welcome to GoGiveMe ! These Terms of Service, which we may update from time to time, apply to the GoGiveMe Platform, including our website at www.gogiveme.com, our mobile applications, and any new features we may add. These Terms of Service are important as they define our relationship with you as you use the Platform. When we use “GoGiveMe,” “we,” “us,” “our,” and similar terms, we are referring to GoGiveMe Ltd., the party you are contracting with.
1.2. Acceptance of Terms: By using any of our Services or the Platform, you agree to these Terms of Service. This signifies that you understand and accept all the rules governing your use of our Services. Whether you are contributing to a Fundraiser as a Donor, starting a Fundraiser, withdrawing funds as an Organiser, Beneficiary, or Non-Profit Organisation (NPO), or otherwise interacting with the Services, these terms apply to you. If you are located anywhere else in the world, you are contracting with GoGiveMe Ltd. U.K. However, GoGiveMe may apply and exercise our rights under these Terms of Service on behalf of the party that you are contracting with. Please refer to the bottom of these Terms of Service for the contact information of GoGiveMe Ltd.
1.3. Important Note on Arbitration (for GoGiveMe U.K. users): If you are using GoGiveMe in the U.K., please be aware of our arbitration agreement. By using our Services, you agree that any disagreement or legal issue between you and GoGiveMe will be resolved through binding arbitration, rather than in court. You also waive your right to participate in a class action lawsuit or to have a jury trial. Please ensure you read the “Dispute Resolution & Arbitration” section of these Terms of Service for more comprehensive details.
2. Definitions
The following key terms are referenced throughout these Terms of Service. Please take the time to understand their meaning:
2.1. Account: A unique account created by a User to access and utilise GoGiveMe’s Services. This includes the User’s personal information, credentials, and activity logs.
2.2. Affiliates: Any entity that directly or indirectly controls, is controlled by, or is under common control with GoGiveMe. This includes our partners, related companies, and other associated entities.
2.3. Beneficiary: The individual, group, or entity for whose benefit a Fundraiser is conducted and who is the intended recipient of the funds raised.
2.4. Certified Not-for-Profit: Any Not-for-Profit organisation that has successfully enrolled with the PayPal Giving Fund to receive donations through their platform.
2.5. Donor: Any individual or entity that contributes funds to a Fundraiser on or through the Services.
2.6. Fundraiser: A campaign initiated on the Services with the goal of raising funds for a specific purpose, with a designated Beneficiary.
2.7. Not-for-Profit: A non-profit organisation (including charities, churches, universities, and other educational institutions) established for charitable purposes under applicable laws and eligible to receive donations through the Platform.
2.8. Organiser: An individual or entity (including a Not-for-Profit organisation) who initiates and manages a Fundraiser on the Platform.
2.9. Platform: The complete suite of online Services provided by GoGiveMe and its Affiliates. This includes our website, mobile applications, and any related software, services, or technologies.
2.10. Profile: An optional feature that allows Users to share their activity on GoGiveMe with other Users. This includes Fundraisers they have created or donated to (unless the donation was made anonymously), enabling them to learn about activity on GoGiveMe, highlight specific causes or organisations they care about, and engage with other Users.
2.11. Recurring Fee: A recurring fixed fee that we may charge when Donors set up a recurring donation to a Fundraiser. To learn more about the Platform and the applicable Recurring Fee, please visit the GoGiveMe Pricing page.
2.12. Services: All the features, functionalities, and tools provided by GoGiveMe and its Affiliates through the Platform. These enable Users to create and manage Fundraisers and Profiles, make donations, and interact with each other.
2.13. Services Content: All content and materials provided by GoGiveMe on the Services, including text, graphics, logos, images, and software, but excluding User Content.
2.14. Software: The proprietary software and applications owned and provided by GoGiveMe that enable Users to access and use the Services.
2.15. Third Party Resources: Any websites, services, content, or resources provided by entities other than GoGiveMe or its Affiliates, which may be accessible through the Services.
2.16. Transaction Fee: A fee charged by GoGiveMe or our payment processors for processing donations made through the Platform. To learn more about the Platform and the applicable Transaction Fee, please visit the GoGiveMe Pricing page.
2.17. Transfers: The process of moving funds raised through the Services to the Beneficiary’s bank account or other designated account.
2.18. User: Any individual or entity that accesses, registers for, or uses the Platform, including Organisers, Donors, Beneficiaries, and Not-for-Profit organisations.
2.19. User Content: Any content, activity, or information that a User posts, uploads, submits, or otherwise makes available or shares with other Users on or through the Services, including their name, text, images, videos, and other materials related to any Fundraiser or Profile.
2.20. User Conduct: The behaviours and actions of Users while using or otherwise accessing the Services.
3. The Services We Provide
3.1. Description of Our Services: We provide a Platform that enables individuals, entities, and non-profit organisations to create Fundraisers to collect monetary donations from Donors, either for their own benefit or for a third-party Beneficiary. Our Services also include a Profile feature, allowing Users to create and manage a public profile where they can share their fundraising activities and highlight or follow causes they support.
3.2. Our Role and Limitations: Our Platform serves as a tool to facilitate Fundraisers and connect Organisers with Donors. It is important to understand that GoGiveMe is not a bank, payment processor, broker, charity, or financial advisor. We do not solicit donations, and the provision of our Services does not constitute a solicitation. We do not engage in fundraising activities for ourselves or others on our Platform. Furthermore, we do not act in any capacity that requires registration, licensure, or compliance as a Professional Fundraiser, Commercial Fundraiser, or Professional Fundraising Counsel under any applicable U.K. laws. Any information provided through our Services is for general informational purposes only and should not be considered 1 professional advice. For specific financial, legal, or tax guidance, you should consult a qualified professional. We do not control or endorse any User, Fundraiser, or cause, and we cannot guarantee the success of any Fundraiser. As a Donor, it is your responsibility to assess the merits of a cause before contributing.
3.3. Modification, Suspension, or Termination of Services: We reserve the right to modify, suspend, or terminate all or part of our Services at any time, for any reason. While we will endeavour to minimise any disruption, we may not always be able to provide advance notice, particularly in emergency situations or when required by law. We are not liable for any consequences arising from such modifications, suspensions, or terminations. Additionally, to improve and personalise your experience, we may conduct tests, including A/B testing, which involves presenting different versions of our Services to users to evaluate and enhance our Platform’s performance and features.
4. Account Creation and Eligibility Requirements
4.1. Registration Information: To use certain Services, you must provide accurate and complete information about yourself, your organisation, or your non-profit/charity during the registration process. This includes your name as it appears on your government-issued identification, address, phone number, and any photos or videos you may provide when organising a Fundraiser or creating a Profile. It is crucial to keep this information current to ensure the smooth operation of our Services. The registration data and any other information you provide are governed by our Privacy Notice and these Terms of Service.
4.2. Compliance with Third-Party Services: You may also be required to register with our third-party payment processors, which may involve agreeing to their separate terms and conditions. If we or our payment processors discover that the information you have provided is inaccurate, violates our Terms of Service or the terms of our payment processors, or if there is any misuse of funds, we reserve the right to immediately suspend or terminate your access to all or part of our Services. Furthermore, you may be subject to criminal charges by the relevant governmental authorities.
4.3. Age Restrictions: You must be 18 years or older to use our Platform and Services. By using our Platform or Services, you represent and warrant that you are over the age of 18. Notwithstanding this, minors under the age of 18 may be Beneficiaries of Fundraisers on our Platform, provided that all applicable laws are complied with.
4.4. Account Security: You are responsible for maintaining the confidentiality of your password and account information. Please 1 do not share your password with anyone. If you suspect any unauthorised use of your Account, you must notify us immediately. Additionally, always remember to log out of your Account when you have finished using it, especially if you are using a shared computer. GoGiveMe will not be liable for any losses you may incur as a result of your failure to maintain the security of your Account or to comply with these Terms of Service.
4.5. Mobile Services and Text Messages: Our Services include certain features accessible via a mobile device, including the ability to: (i) upload User Content to the Platform; (ii) browse the Platform; and (iii) access specific features through a downloaded and installed mobile application (collectively referred to as “Mobile Services”). When you access Mobile Services, your wireless service carrier’s standard charges, data rates, and other fees may apply. Furthermore, your provider may prohibit or restrict the downloading, installation, or use of certain Mobile Services, and not all Mobile Services may be compatible with all providers or devices. By using the Mobile Services, you consent to us communicating with you via SMS, MMS, text message, or other electronic means to your mobile device regarding your Account or security. You also acknowledge that certain information about your use of the Mobile Services may be transmitted to us. When setting up your GoGiveMe Account, if you select “Send code” via “Text Message,” you agree to receive automated and non-automated text messages related to your Account from or on behalf of GoGiveMe at the provided phone number. You can reply “STOP” to these text messages to opt-out, except for automated security-related messages. Message frequency will vary, and standard message and data rates may apply. We will comply with any additional requirements under local laws and regulations before sending such communications. If you change or deactivate your mobile telephone number, you agree to promptly update your GoGiveMe Account information to prevent messages from being sent to the new recipient of your old number. Additionally, your use of text messaging through GoGiveMe is subject to these Terms of Service.
5. Payment Processors
Please be aware that GoGiveMe does not hold the funds raised on our Platform, nor do we directly process payments. We utilise third-party payment processors to manage and process all donations made to Fundraisers. To facilitate the Transfer of funds from a Fundraiser, you will be required to provide your bank account details directly to our payment processor partners. By making a Donation, initiating a Fundraiser, or accepting the role of Beneficiary for a Fundraiser, you consent to the processing, use, Transfer, and disclosure of your data by these Payment Processors in accordance with these Terms of Service and any applicable terms and conditions established by the respective Payment Processors. Our current Payment Processor is PayPal, and their terms of service can be found here: PayPal’s terms of service. For donations to Certified Not-for-Profits, the PayPal Giving Fund’s terms also apply: PayPal Giving Fund terms. For further information regarding how we handle data in conjunction with these third-party payment processors, please refer to PayPal’s terms of service.
6. User Responsibilities and Obligations
6.1. Responsibilities of Organisers: As an Organiser, you represent and warrant that all information you provide (directly, through an agent, or using artificial intelligence) about your Fundraiser is accurate, complete, and clear. You are responsible for clearly describing how the funds raised will be used and ensuring that the funds are used solely for that stated purpose. You may post updates to your Fundraiser to keep Donors informed about how their contributions are being used and to provide other relevant information. If you are raising funds on behalf of someone else, you must ensure that all funds raised are given to or spent for the benefit of that Beneficiary. By designating a Beneficiary, you transfer control of the donations for your Fundraiser to that Beneficiary. When you organise a Fundraiser, you agree to comply with all applicable laws and regulations related to your Fundraiser, including but not limited to those concerning taxes and donations. If you use personal data of any individual, including their name, image, or likeness, you must have their valid legal permission to share it with us and post it on the Services. You also agree not to offer or provide goods or services in exchange for donations. We may share information about your Fundraiser with Donors, the Beneficiary, and legal authorities. Additionally, if you create a Fundraiser for a non-profit/charity, you consent to us sharing your name and email address with that non-profit/charity for their compliance or fundraising purposes.
(a) Maintaining Accurate Information: It is essential to keep your registration details accurate and up to date. This includes promptly updating your name, address, and any images or videos used to represent yourself, your organisation, or your non-profit/charity. Maintaining accurate information ensures transparency and builds trust with Donors, as well as ensuring compliance with these Terms of Service and applicable legal requirements.
(b) Cooperation with GoGiveMe: By organising a Fundraiser on GoGiveMe, you agree to fully cooperate with any requests for evidence that we deem necessary to verify your compliance with these Terms of Service. Such requests may include, but are not limited to, asking you to: (a) explain how funds were or will be handled;
(b) provide documentary evidence of the circumstances described in your Fundraiser; (c) disclose the identity of any party receiving, benefiting from, or involved in handling all or any portion of the funds; (d) provide proof of how funds were or will be used; or (e) provide evidence that the intended third-party Beneficiary consents to a plan for the distribution of funds consistent with the description of your Fundraiser. We reserve the right to refuse, condition, suspend, freeze, or ban any Donations, Accounts, Fundraisers, Transfers, or other transactions that we believe, in our sole discretion, may violate these Terms of Service, harm the interests of our Users, business partners, the public, or GoGiveMe, or expose you, GoGiveMe, or others to unacceptable risks.
6.2. Responsibilities of Donors: When you make a donation on GoGiveMe, it is your responsibility to understand how your donation will be used, and you donate at your own risk. We encourage you to regularly check the Fundraiser’s page for any updates or new information. GoGiveMe is not responsible for any promises or offers made by Organisers in their Fundraisers. We are also not responsible for verifying the information presented in Fundraisers, nor do we guarantee that donations will be used in accordance with any fundraising purpose stated by a User or Fundraiser. However, we take all reports of fraud or misuse of funds seriously and will take appropriate action against any Fundraiser or User that violates our Terms of Service. Unless you choose to donate anonymously, you consent to GoGiveMe using your name to promote donation matching or for other promotional purposes to encourage further donations, provided that GoGiveMe will obtain any additional consents required under applicable laws.
(a) Making Donations: When donating to a Fundraiser or non-profit/charity through GoGiveMe, you must use a credit card or other payment method linked to your Account. You represent and warrant that your payment information is accurate and that you are legally authorised to use the selected payment method. There may be a minimum donation amount, and once a donation is made, it will not be refunded unless GoGiveMe decides to issue a refund. We utilise third-party payment processors to process your donations. As explained in the “Payment Processors” section, by donating, you also agree to allow our payment processors to handle your payment information in accordance with their policies and these Terms. Please refer to the “Payment Processors” section above for details on the companies we use and their respective terms.
(b) Recurring Donations: By opting into recurring donations, you authorise GoGiveMe and its service providers to charge your designated payment method without further authorisation from you. You agree that the specified donation amount will be charged to your payment method at the selected frequency (e.g., monthly) until the earlier of (1) the Fundraiser ceasing to be a valid, active Fundraiser, or (2) as soon as reasonably practicable after you elect to cancel the recurring donation.
(c) Cancellation of Recurring Donations: You may cancel your recurring donation at any time by contacting our Support Team or through the cancellation feature available in your Account settings within the Services. Cancellation will take effect promptly upon receipt of your cancellation request, and no further donations will be processed after the cancellation date. However, any donations processed prior to your cancellation will not be refunded unless there are other grounds for a refund, such as the Fundraiser being invalid.
(d) Reporting Concerns: We take all reports of fraud or misuse of funds seriously. If you have reason to believe that a User or Fundraiser is not raising or using funds for their stated purpose, please use the “Report” function on the Fundraiser page to alert our team. We will investigate such reports.
(e) Donations to Non-Profits/Charities: When you donate to a non-profit/charity, you acknowledge that you cannot specify exactly how your donation will be used. Even if you donate towards a specific project or express a preference for how your donation should be used, these instructions are considered suggestions only. The non-profit/charity has the ultimate discretion to allocate all donations as they see fit.
(f) Tax Implications of Donations to Non-Profits/Charities: When you donate to a non-profit/charity, you should consult a tax advisor to determine if your donation is tax-deductible. GoGiveMe does not withhold funds for tax purposes and does not guarantee that your donations are tax-deductible or eligible for tax credits. GoGiveMe will not be liable for any claims or penalties assessed by tax authorities regarding how your donation is reported by you or any third party.
(g) Sharing Donor Information with Non-Profits/Charities: In certain instances, we may share your personal information (even if you have chosen to donate anonymously) with the non-profit/charity to which you donate. The non-profit/charity may use this information solely for compliance and transactional purposes, such as providing a donation receipt, unless you expressly provide appropriate consent during the Donor checkout process to allow the non-profit/charity to contact you for other purposes. GoGiveMe is not responsible for how the non-profit/charity uses your information.
6.3. Responsibilities of Profile Users: If you choose to create a Profile, you agree to comply with all terms related to User Content and User Conduct. This includes, but is not limited to, the prohibition of posting misleading, false, or unlawful content. You agree to provide accurate information about your identity by using the name reflected on your government-issued identification. Notwithstanding this, you may use a username or other identifier on your Profile or your custom public profile URL; however, we reserve the right to remove it if we deem it inappropriate (e.g., if a trademark owner complains about a username that is not closely related to your actual name or if it otherwise violates these Terms of Service). GoGiveMe reserves the right, at its sole discretion and without prior notice, to suspend your Profile and to remove or modify any User Content on your Profile that violates these Terms of Service. By creating a public Profile, you acknowledge that your profile information, activities, and related User Content may be visible to other Users. You can manage your account settings to control whether your Profile is public or private.
6.4. Responsibilities of Non-Profit Organisations (NPOs): If you are using our Services to fundraise as an agent for a non-profit/charity or are claiming or managing an account for a non-profit/charity on our Services, you represent and warrant that you are authorised to do so and will comply with all applicable laws. We may request additional verification to confirm your authorisation to act on behalf of the non-profit/charity. Your non-profit/charity must be legally recognised as and must continue to be tax-exempt and registered with the appropriate authorities (e.g., the Charity Commission in the UK).
(a) Refunds via PayPal or PayPal Giving Fund: If a Donor receives a refund for their donation and the PayPal Giving Fund has already transferred the donation to the non-profit/charity, the refunded amount will be deducted from any future payments to the non-profit/charity. If necessary, an invoice may be issued to the non-profit/charity for the refunded amount. The non-profit/charity agrees to repay the full amount of any refunded donation to GoGiveMe, PayPal, or the PayPal Giving Fund. PayPal or the PayPal Giving Fund may also choose to reduce a future donation amount instead of requesting a direct repayment from the non-profit/charity.
(b) Adding or Claiming your NPO on the Services: Our Services may feature public-facing pages providing information about NPOs. An authorised representative of the NPO has the right to claim these pages and manage their presence on the Services. By claiming an NPO page on GoGiveMe, you represent and warrant that you are an authorised officer, director, trustee, or other duly authorised representative of the NPO with the authority to act on its behalf and provide consent for it. Failure to maintain Good Standing status with relevant regulatory bodies may impact your NPO’s ability to receive Donations. Claimed NPOs may revoke such consent (either for a specific Fundraiser or for all Fundraisers) on GoGiveMe at any time by contacting us. You further authorise us to act as your agent to facilitate donations and provide written charitable acknowledgements to donors on your behalf. This information will be reported to you through your existing Services provided by GoGiveMe or its affiliates, either via a dashboard or email.
(c) Removing your NPO from GoGiveMe: If you are an authorised representative of an NPO and wish to have your NPO removed from GoGiveMe, you can request its removal from our database. Please send us an email with your full name, your job title, and your NPO’s email address and phone number. Please note that if we remove your NPO from our database, it will no longer be able to receive donations through GoGiveMe.
(d) Receiving Funds: As an NPO, the total amount of donations you receive will be subject to applicable Transaction Fees and the procedures and terms of the relevant Payment Processor. GoGiveMe does not process your payments directly or hold onto your funds.
(e) Payment Processors for NPOs: GoGiveMe has partnered with PayPal to process Donations for NPOs.
6.5. Tax Responsibilities for Organisers, NPOs, and Beneficiaries: We do not withhold funds for tax purposes. As an Organiser, Beneficiary, or NPO, you are solely responsible for paying any applicable taxes in connection with any donations you receive. It is your responsibility to calculate, report, and remit the correct amount of tax to the relevant tax authorities.
6.6. Data Sharing with NPOs: As an NPO, you may receive names, email addresses, or other data from us regarding Donors who have contributed to your organisation or Organisers who have created Fundraisers for your organisation. You confirm that you will use such data solely for your compliance or fundraising purposes and will ensure compliance with all applicable privacy and other relevant laws.
7. Transfers, Holds, Refunds & Chargebacks
7.1. Transfers: While we aim to make Transfers available to you promptly, our ability to do so depends on Users providing accurate information and our technical systems functioning as intended. You acknowledge and agree that: (i) Transfers may not be immediately available for your use; (ii) we do not guarantee Transfers will always be available within a specific timeframe, but we will use commercially reasonable efforts to provide Transfers as soon as reasonably possible; (iii) you will cooperate with any request for evidence we deem necessary to verify your compliance with these Terms of Service; and (iv) to the extent permitted by applicable law, we expressly disclaim any and all responsibility for any delay in Transfers or your inability to access and use donated funds at any specific time, and any consequences arising from such delay or inability. We will use commercially reasonable efforts to inform you of the expected timeframe for receiving a Transfer whenever possible.
(a) Accurate Information Required: As an Organiser and/or Beneficiary, you are responsible for (i) promptly verifying your personal and bank account information under “Set up transfers”; and (ii) ensuring that all information provided to GoGiveMe and/or its Affiliates for processing a Transfer, including bank account details, is accurate and up to date.
(b) Refunds: We may, at our sole discretion, offer or issue a refund of Donation(s), which may include the entire amount donated to your Fundraiser. Refunds may be issued with or without prior notice, depending on the circumstances. Examples of situations where we may issue refunds include fraud prevention, violation of our Terms of Service, card scheme compliance, failure to provide requested evidence of compliance with our Terms of Service, legal obligations, or other valid reasons. To the extent permitted by applicable law, we will not be liable to you or any third party for any claims, damages, costs, losses, or other consequences resulting from refunds, including but not limited to transaction or overdraft fees. We will determine the appropriate resolution in cases where Donors, Organisers, or Beneficiaries request a refund. If a Beneficiary does not want the funds (or the portion exceeding the Fundraiser goal) and an Organiser or Beneficiary requests a refund, or if a Beneficiary fails to complete the necessary steps to withdraw funds within 120 days of the first donation (unless otherwise extended at GoGiveMe’s discretion), GoGiveMe may, at its sole discretion, offer refunds to Donors or redirect funds to a verified NPO whose mission aligns with the stated purpose of the Fundraiser, where appropriate and permitted by law. Where practical, we will notify Donors and provide an opportunity for them to request a refund before redirecting funds to such an NPO. Nothing in this section shall modify or limit the terms of the GoGiveMe Guarantee in any way.
(c) Transfer Funds Within 120 Days: Our payment processors are unable to hold funds indefinitely. If you do not Transfer your donations to your bank account within one hundred and twenty (120) days of your first donation, our payment processors may, in accordance with applicable laws and regulations, refund or escheat any funds raised. You will be responsible for working with the relevant governmental authority to claim any escheated funds.
7.2. Transfer Holds: We may, at our sole discretion, place a hold on a Fundraiser, restrict Transfers, initiate a reverse ACH Transfer, secure reserves, or take similar actions to protect our Users (any of these actions may be referred to as a “Hold”). We may place a Hold on your Fundraiser or Account for various reasons, including but not limited to:
(a) We require further information to verify that your Fundraiser complies with our Terms of Service, or we have determined that a Fundraiser or User has violated our Terms of Service.
(b) We determine that the funds should be provided directly to a person other than the Organiser, such as a legal Beneficiary or someone legally authorised to act on behalf of an Organiser.
(c) We determine, in our sole discretion, that the use of funds has materially deviated from the original purpose of the Fundraiser, necessitating refunds to Donors.
(d) Such action is required to comply with a court order, injunction, writ, or as otherwise mandated by applicable law and regulations. If you have questions about a Hold placed on your Fundraiser or Account, or require information on how to resolve it, please refer to this link PayaPal.com/help-centre and check the email account used for registration for additional details.
7.3. Payment Processor Chargebacks or Returns: Occasionally, a Donor may dispute a credit card or direct debit (ACH) charge for a Donation through the Services or submit a request for a refund under the GoGiveMe Guarantee. If you believe an error has occurred with any of your donations, please contact us immediately so we can assist in resolving the issue. Any fraud disputes or chargebacks initiated with your payment provider may be contested by us based on this authorisation. In situations where the Cardholder is not alleging fraudulent activity (i.e., the transaction was made by the cardholder), the Cardholder should first attempt to resolve the dispute with the Organiser or with us before pursuing a chargeback or return.
We will review each request to determine its legitimacy. If we determine a request is not legitimate, we may use information submitted by you and/or available to us at the time of donation to defend against that request. Furthermore, we will contest any non-fraudulent request using reason codes such as “Merchandise/Services Not Received” or any other code suggesting non-delivery, as transactions processed on GoGiveMe are donations without the expectation or exchange of goods or services.
If a Donor disputes their transaction with their bank or card issuer, or if the card issuer disputes the transaction on behalf of the cardholder resulting in a chargeback or return, the Donor unconditionally surrenders any benefits or protections of the GoGiveMe Guarantee related to that Donation.
8. Prohibited Fundraisers and Related User Content
This section outlines the types of Fundraisers and User Content that are prohibited on our Platform. We reserve the right to remove any User Content, including Fundraisers, that we determine violates these Terms of Service. Furthermore, any violation of these Terms may result in consequences such as banning or disabling your use of the Services, stopping payments to any Fundraiser, freezing or placing a hold on donations and Transfers, reporting you to law enforcement authorities, or other appropriate legal action. We may investigate any Fundraiser, User, or User Content at any time to ensure compliance with these Terms of Service. This investigation may involve reviewing all available material, including but not limited to social media, related news, and any other information we deem relevant. Please note that while we reserve the right to remove, edit, or modify any content on our Platform at our sole discretion, we are not obligated to do so. This includes content that is illegal, inaccurate, misleading, infringes intellectual property rights, or otherwise violates these Terms of Service. You agree that you will not use the Services or Platform to raise funds, establish any Fundraiser, or post any User Content that promotes or involves any of the following:
8.1. Violation of Laws and Regulations: Any activity that violates any applicable law, regulation, industry requirement, or third-party guideline or agreement by which you are bound, including those of payment card providers used in connection with the Services.
8.2. Fraudulent or Misleading Content: Fundraisers that are fraudulent, misleading, inaccurate, dishonest, or impossible to fulfil.
8.3. Offensive or Explicit Content: Offensive, graphic, perverse, or sexual content.
8.4. Illegal Activities: The funding of ransom, human trafficking or exploitation, vigilantism, bribes, or bounty.
8.5. Illegal or Prohibited Substances: The purchase or use by an organisation or individual of illegal drugs, steroids, controlled substances, pharmaceuticals, or similar products or therapies prohibited at the state or national level.
8.6. Sanctioned Entities and Activities: Activities with, in, or involving countries, regions, governments, persons, or entities subject to U.S. and other economic sanctions under applicable law, unless expressly authorised by the relevant governmental authority and our payment service providers.
8.7. Prohibited Weapons: Any equipment or weapons intended for use in conflict or by an armed group, explosives, ammunition, firearms, knives, or other weaponry or accessories.
8.8. Support of Harmful Ideologies: Any activity in support of terrorism, extremism, hate, violence, harassment, bullying, discrimination, terrorist financing, extremist financing, or money laundering.
8.9. Discriminatory Content: User Content that reflects, incites, or promotes bullying, harassment, discrimination, or intolerance of any kind related to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, disabilities, or diseases.
8.10. Funding of Serious Crimes: The legal defence of financial and violent crimes, including those related to money laundering, murder, robbery, assault, battery, sex crimes, or crimes against minors.
8.11. Promotion of Self-Harm: User Content that promotes self-harm or suicide, except as permitted by law in a clinical setting.
8.12. Gambling and Related Activities: Gambling, gaming, and/or any other activity with an entry fee and a prize, including but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions, and other ventures that facilitate gambling or games of skill or chance (regardless of legal classification), promotions involving rewards (monetary or otherwise) in exchange for donations (including event tickets, raffle entries, meet-and-greet opportunities, gift cards, or competitions).
8.13. Obscuring the Origin of Funds: Any activity that disguises, conceals, or otherwise obscures the origin of funds.
8.14. Prohibited Financial Activities: Annuities, investments with the expectation of a return, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, cheque cashing, or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services promising high rewards), network marketing and referral marketing programmes, debt collection, or cryptocurrencies.
8.15. Cash Advances: The receipt or grant of cash advances or lines of credit to yourself or another person for any reason, including but not limited to self-payments or payments lacking an apparent purpose.
8.16. Intellectual Property Infringement: Products or services that directly infringe or facilitate the infringement of any third party’s trademark, patent, copyright, trade secrets, or proprietary or privacy rights, including but not limited to counterfeit music, movies, software, or other licensed materials without proper authorisation.
8.17. Sale of Goods or Services: The sale or resale of goods or services.
8.18. Electoral Fundraising Restrictions: Electoral fundraising unless the Fundraiser is directly managed by the candidate or their committee; any election Fundraiser in an unsupported country unless run by a registered organisation within a supported country.
8.19. Bypassing Regulations: Any attempt to bypass or otherwise circumvent payment processing rules and regulations or these Terms of Service.
8.20. Unacceptable Financial Risk: Any activity that presents GoGiveMe with an unacceptable risk of financial loss.
8.21. Other Objectionable Activities: Any other activity that GoGiveMe may deem, in its sole discretion, to: (a) be unacceptable or objectionable; (b) restrict or inhibit any other person from using or enjoying the Services; or (c) expose GoGiveMe, its employees, or Users to any harm or liability of any type. Special Provision for UK Users: If you are located in the United Kingdom, you are permitted to offer give-away incentives (e.g., one sticker, while supplies last, for every donation made) in connection with your Fundraiser. Otherwise, you are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstakes, or similar activity (each, a “Promotion”) on or through the Services.
9. Prohibited User Conduct
This section outlines prohibited and/or illegal User Conduct while using our Services or Platform. If we determine that a User has engaged in conduct that violates these Terms of Service, we may remove any associated User Content, including Fundraisers. Furthermore, such violations may lead to consequences including banning or disabling your access to the Services, stopping payments to any Fundraiser, freezing or placing a hold on donations and Transfers, reporting you to law enforcement authorities, or other appropriate legal action. By using the Services or our Platform, you agree not to:
9.1. Transmit Harmful or Illegal Content: Transmit or upload any User Content that: (i) Infringes any intellectual property or other proprietary rights of any party. (ii) You do not have the legal right to upload under any law or contractual or fiduciary relationships. (iii) Contains software viruses or any other malicious computer code, files, or programs designed to disrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. (iv) Poses or creates a privacy or security risk to any person. (v) Constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales (“spam”), “junk mail,” “chain letters,” “pyramid schemes,” “contests,” “sweepstake competitions,” or any other form of prohibited solicitation.
9.2. Disrupt the Services: Interfere with or disrupt the servers or networks connected to or used to provide the Services or their respective features, or violate any requirements, procedures, policies, or regulations of such networks.
9.3. Collect Personal Data Illegally: Harvest, collect, scrape, or publish the personally identifiable information of others without proper consent.
9.4. Improper Fundraising for Minors: Raise funds for a minor unless: (i) You have obtained the express permission of the minor’s legal guardian. (ii) The funds are Transferred into a legally recognised trust, UTMA (Uniform Transfers to Minors Act) or UGMA (Uniform Gifts to Minors Act) account for the sole benefit of the minor.
9.5. Act on Behalf of Others Without Consent: Use the Services on behalf of a third party or post any personal data or other information about a third party without their express consent.
9.6. Misrepresent Identity or Affiliation: Use another User’s Account or URL without permission, impersonate any person or entity, falsely state or misrepresent your affiliation with a person or entity, misrepresent a Non-Profit Organisation or Fundraiser through the Services, or post User Content in any inappropriate category or area on the Services.
9.7. Create Liability for GoGiveMe: Engage in any conduct that could create liability for GoGiveMe or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company, or any other vendors or suppliers.
9.8. Gain Unauthorised Access: Attempt to gain unauthorised access to the Services, or any account, computer system, or network connected to the Services, through any unauthorised or illegal means.
9.9. Access Unavailable Materials: Obtain or attempt to obtain any materials or information not intentionally made available through the Services.
9.10. Commercial Exploitation (Except Fundraising): Use the Services to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising, except for using the Services for legitimate fundraising activities in accordance with these Terms of Service.
9.11. Excessive Automated Requests: Transmit more request messages through the Services in a given period than a human can reasonably produce in the same period using a conventional online web browser.
9.12. Inconsistent Use: Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services.
9.13. Share Account Credentials: Share your password or login credentials with anyone for any reason.
9.14. Engage in Suspicious Donations: Make or accept any Donations that you know or suspect to be erroneous, suspicious, or fraudulent.
9.15. Violate Sanctions and Embargoes: Use the Services in or for the benefit of a country, organisation, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the U.S. / U.K. E.U. Office of Foreign Asset Control (OFAC) or as applicable in your country.
9.16. Indirect Prohibited Actions: Attempt to undertake indirectly any of the aforementioned prohibited activities. You also agree:
9.17. Maintain Security Measures: To maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including adhering to any security procedures and controls required by GoGiveMe from time to time.
9.18. Retain Fundraising Records: To maintain a copy of all electronic and other records related to Fundraisers and Donations as necessary for GoGiveMe to verify compliance with these Terms of Service and to make such records available to GoGiveMe upon our request. For clarity, this does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority.
9.19. Cooperate with Investigations: At GoGiveMe’s request, to cooperate as far as reasonably possible and permitted under applicable law, in the auditing and investigation of (including investigations by GoGiveMe, a Payment Processor, or a regulatory or governmental authority) and in remedial efforts to correct any alleged or uncovered violation or wrongdoing of a User, Fundraiser, or Donation to which you are connected.
9.20. Avoid Inauthentic Engagement: Not to use bots, automated scripts, software, or any other method not expressly authorised by GoGiveMe to artificially generate follows or any other form of inauthentic engagement.
10. Content Moderation and Reporting Fundraisers
If you have reason to believe that a Fundraiser contains illegal content or content that violates these Terms of Service or our content moderation policies, please Report the Fundraiser to alert our team of this potential issue and we will investigate. If you disagree with a decision taken by us in connection to a notice or complaint related to User Content and/or use of the Platform that is illegal or prohibited by GoGiveMe, you may use our available dispute resolution systems. We leverage a combination of business rules, machine learning, and human review to identify and remediate violations of our Terms of Service. How we moderate User Content, how we protect individuals from illegal content, the process for reporting or appealing violations, the process for handling and resolution of complaints and the dispute resolution systems available.
11. Fees
11.1. We Don’t Charge a Platform Fee: A Platform fee is an upfront, calculated charge, either fixed or percentage-based, for accessing or using a specific service on a Platform. We do not charge a Platform fee, and we do not charge to start or maintain a Fundraiser. However, a Transaction Fee does apply to donations received and, if donors choose recurring donations, we charge donors a Recurring Fee on each donation. Notwithstanding the foregoing, if you are using our suite of online fundraising tools for non-profits to power donations on your own website, separate fees may apply. The pricing and fees terms in your existing contract with us will remain in effect for any payments facilitated by us on your entity’s website until the contract terminates in accordance with its terms. Such pricing will not be modified by claiming your NPO Profile or agreeing to GoGiveMe’s Terms of Service.
11.2. A Transaction Fee Is Charged on All Donations and A Recurring Fee is Charged for Recurring Donations: A Transaction Fee is the cost of processing a payment. Although there are no Platform fees to start or maintain a Fundraiser, please keep in mind that a Transaction fee, including credit and debit charges, is deducted from each donation by our Payment Processors to securely deliver your donations. If donors choose recurring donations, we charge donors a Recurring Fee per donation to the selected Fundraiser.
12. Intellectual Property Rights, Content Ownership, and Licences
12.1. Ownership of Intellectual Property: You acknowledge that the Services Content is protected by copyright, patent, trademark, and other proprietary rights laws. The technology and Software that support the Services or are distributed in connection with them are owned by GoGiveMe, our Affiliates, and our partners.
12.2. GoGiveMe Trademarks: The GoGiveMe name and logos are trademarks of GoGiveMe and its Affiliates (collectively, the “GoGiveMe Trademarks”). Other company, product, and service names and logos displayed on our Services or Platform may be trademarks of their respective owners, who may or may not be affiliated with us. Nothing in these Terms of Service or our Services grants you any permission to use any GoGiveMe Trademarks without our prior written consent. All goodwill generated from the use of GoGiveMe Trademarks belongs exclusively to us.
12.3. Restrictions on Content Use: You agree not to alter, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content. You further agree not to use any data mining tools, robots, scraping techniques, or similar data gathering or extraction methods to extract or copy any Services Content in any form or otherwise in connection with your use of the Services. If we block your access to the Services (including blocking your IP address), you agree not to circumvent this blocking (for example, by masking your IP address or using a proxy IP address). Any rights not expressly granted to you in these Terms are reserved by us.
12.4. Restrictions on Software Use: You are prohibited from copying, modifying, creating derivative works of, reverse engineering, disassembling, or attempting to discover any source code of the Software or the Services in any form.
12.5. Rights and Permissions for Your User Content: When you share content through our Services, including via your Profile, you represent and warrant that you either own the content or have the necessary permission to use and share it, including all related copyrights, trademarks, and rights to privacy or publicity. By uploading, sharing, or making any User Content available in connection with the Services, you grant GoGiveMe and its Affiliates a worldwide, royalty-free, transferable, sub-licensable, perpetual, irrevocable licence to copy, display, distribute, store, modify, translate, publish, prepare derivative works of, or otherwise use that User Content for any purpose, including for the promotion, advertisement, or marketing of our Services in any form of media. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive any financial compensation for the licences, waivers, and releases granted herein (or GoGiveMe’s use thereof), and that the sole consideration for this agreement is the opportunity to use the Services.
12.6. Release and Waiver of Rights in User Content: To the maximum extent permitted by law, when you post any User Content, you irrevocably waive any moral rights you may have in your User Content against us and our Users. You also agree to release and hold harmless GoGiveMe, our contractors, and our employees from (i) any claims for invasion of privacy, publicity, or libel; (ii) any liability arising from the use of your name, image, or likeness, including blurring, distortion, alteration, or other uses; and (iii) any liability for claims made by you related to your User Content, name, image, or likeness. By posting User Content, you also waive any right to inspect or approve any intermediary or finished versions of your User Content. If your User Content includes anyone other than yourself, you represent and warrant that you have obtained all necessary permissions, waivers, and releases from those individuals to ensure that GoGiveMe can use the content as described above without any legal issues.
12.7. User Submissions and Feedback: Any content or information you provide to GoGiveMe, whether solicited or not, may be publicly accessible. This includes any information you post on forums, in comment sections, surveys, customer support communications, or any other submissions, such as ideas, suggestions, or feedback about the Services (“Submissions and Feedback”). By submitting any Submissions or Feedback, you agree that (i) we have no obligation to keep such Submissions or Feedback confidential; (ii) we may already have similar information under consideration or development; (iii) we can use and distribute Submissions and Feedback for any purpose without acknowledgement or compensation to you; (iv) you have all necessary rights to submit such Submissions and Feedback; (v) you grant GoGiveMe a perpetual, worldwide, royalty-free, irrevocable, non-exclusive, and fully transferable licence to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit such information, including the right to sublicense these rights; and (vi) you waive any moral rights or equivalent claims to the extent permitted by law. This section remains effective even after your Account or use of the Services is terminated.
12.8. Copyright or Trademark Complaints: We respect the intellectual property of others and expect our Users to do the same. We will process and investigate notices of alleged copyright or trademark infringement and take appropriate action under the Digital Millennium Copyright Act (“DMCA”) or other locally equivalent intellectual property laws. At our sole discretion, we may terminate the Accounts of any Users who infringe upon the intellectual property rights of others.
(a) Takedown Notice: If you believe that your copyrighted work has been used on our site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you must notify us in writing as follows:
Email via the contact us page about copyright at gogiveme.com/contact-us with the subject line “DMCA Takedown Request”.
To be effective, your Takedown Notice must include the following information:
Your complete contact information (full name, mailing address, and phone number). Please note that we may provide your contact information to the person who posted the content you are reporting. For this reason, you may wish to provide a professional or business email address.
A clear description of the copyrighted work that you claim has been infringed.
A description of the content on our site that you claim infringes your copyright.
A precise description of where the allegedly infringing material is located on the Services. The easiest way to do this is by providing the specific web addresses (URLs) that lead directly to the infringing content.
A declaration that:
(i)You have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
(ii)The information in your notice is accurate.
(iii)Under penalty of perjury, you are the owner or authorised to act on behalf of the owner of an exclusive copyright that is allegedly infringed.Your electronic or physical signature.
(b) Counter-Notice: If you believe that your User Content that was removed or disabled is not infringing, or that you have the necessary authorisation from the owner, the owner’s agent, or pursuant to the law, to upload and use such content, you may send us a counter-notice via gogiveme.com/contact-us .
To be effective, your counter-notice must include the following information:
Your complete contact information (full name, mailing address, and phone number). Please note that we may provide your contact information to the person who complained about your content. For this reason, you may wish to provide a professional or business email address.
Identification of the content that has been removed or to which access has been disabled, and the specific location where the content appeared before it was removed or disabled (e.g., URL).
A declaration that:
You have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content.
You consent to the jurisdiction of the courts in the United Kingdom. If you are located outside the U.K., you must consent to the jurisdiction of any court in any judicial district in which GoGiveMe operates.
You will accept service of process from the person who provided the DMCA takedown notice or their agent.
Your physical or electronic signature.
Upon receiving a valid counter-notice, we will send a copy to the original complaining party, informing them that we may reinstate the removed content or cease disabling it within 10 business days. Unless the original complaining party files a court action seeking a court order against the content provider or User, the removed content may be replaced, or access to it restored, within 10 to 14 business days or more after we receive the counter-notice.
13. Data Privacy and Artificial Intelligence
13.1. Privacy Notice: At GoGiveMe, we respect the privacy of our Users. By using the Services, you acknowledge our collection, use and sharing of personal data as outlined therein.
13.2. Retention of Fundraiser Data: We are not obligated to retain data related to any Account or Fundraiser after its conclusion. We may delete historical data or terminate inactive Accounts without notice, except for any data we must keep to comply with legal obligations or to establish, exercise or defend legal claims. When possible, we will try to provide NPOs with reasonable notice before deleting Accounts or data tied to them.
13.3. Understanding Public Visibility and Privacy Settings: Some things you do on our Platform are public, like the posts you make and the material you upload (this could be anything from descriptions, photos, videos, comments, to music and logos). Also, the Profile information you provide (like your name, organisation, photo, and biography) can be seen by other Users to help people connect within the Service. For example, if you’re organising a Fundraiser, you might share personal details, such as a hospital stay, which are sensitive. If you’re donating, you can choose to show your donation publicly, meaning anyone on the internet, including search engines like Google, can see it. If you want to keep your donation private, just tick the “Don’t display my name publicly on the fundraiser” box when you donate. Keep in mind, the Fundraiser Organiser, their team, the Beneficiary and others will still see your information according to our Terms and Conditions / Policy.
13.4. Third-Party Communications: When using our Services to communicate with third parties (e.g. referring someone or discussing a Fundraiser or Donation), you (i) confirm you have the authority and necessary consents from the third party to share their data with us and that you have informed them about how their information will be collected and used by GoGiveMe; and (ii) agree that we may identify you as the person who made the referral in any messages sent to the third party. You also agree that we may use such data to contact the third party or provide you with a template message to facilitate communication and that we may send reminders or related messages to you and the third party.
13.5. Artificial Intelligence: We’re constantly developing new technologies and features to improve our Services. For example, we may enable you to use artificial intelligence (“AI”) features developed by us and/or our third party service providers (“AI Service Providers”) to make it easier for you to write, create assets or other content and promote your use of our Services such as helping you draft fundraisers, posts, create photos or videos to share your fundraisers, or for otherwise optimising the use of our Services. AI features may also include a conversational chatbot or AI agent that will assist Users by guiding them through the fundraiser creation and management process. Use of these features is optional, offered solely as a convenience to you, and such features are offered on an as-is basis with no warranties of any kind. (
a) AI Chat Recordings: If you use our AI-powered chat agent, we will disclose when you are interacting with AI rather than a human. Additionally, your chats may be recorded by us and our AI Service Providers for training and quality assurance purposes. By using these AI features, you consent to such recordings.
(b) AI Accuracy, Limitations and User Responsibility: AI-generated content is probabilistic, meaning it may not always be unique across users and may contain errors, inaccuracies, or offensive content that does not reflect GoGiveMe’s views. AI-generated content should not be relied upon for legal, financial, medical, or other professional advice. You are solely responsible for reviewing, editing, and ensuring the accuracy and appropriateness of all AI-generated content before incorporating it into your Fundraiser or otherwise sharing such content. Exercise discretion before using AI-generated content on social media or in any public or fundraising communications.
(c) Political Fundraising and AI-Generated Content: Users who utilise AI-generated content for political fundraising-related communications are responsible for complying with all applicable laws, including any requirements to disclose AI-generated media in connection with political fundraising-related communications. Users may not use AI-generated content in a manner that is intended to mislead Users or voters, impersonate candidates, or otherwise deceive the public in violation of any applicable laws.
(d) AI Content Moderation: You acknowledge that any information you provide and any information generated while using our AI features will be shared with our AI Service Providers to enable your use of our AI features and for content moderation and other purposes consistent with our Terms of Service. You may not use the AI Products in a manner that violates any terms or policy of any AI Service Provider.
(e) Other Restrictions on AI Use: AI-generated content may not be used to develop machine learning models or related technology. Our optional AI features may not be construed as acting as an agent for GoGiveMe, and may not bind us to any obligations, legal or otherwise. We do not guarantee the availability of the AI features in any or all geographical areas, and we reserve the right to modify, limit, or discontinue access to AI features on its platform at any time. You may not use the Services, including any AI features available on the Platform, to develop machine learning models or related technology.
14. Third-Party Services and Content
14.1. External Websites, Links, and Services: Our Services may rely on, or certain third parties may include within our Services, links to Third Party Resources. We have no control over these Third Party Resources and do not endorse or assume any responsibility for them. By using our Services, you agree that we are not liable for the content, functions, accuracy, or legality of these Third Party Resources, or for any damages or loss that may arise from your use of them. In some cases, Third Party Resources may include products or services offered by a third party that may be displayed or otherwise made available through our Services. If you choose to engage with these, you may be subject to the third party’s terms associated with those Third Party Resources. GoGiveMe may have relationships with providers of such products and services and may receive commissions from them in connection with these offerings.
14.2. Apple-Enabled Software Applications: GoGiveMe offers Software applications designed to operate on products made commercially available by Apple Inc. (“Apple”), as well as other platforms. For any Software provided for use on an Apple-branded product (referred to as “Apple-Enabled Software”), the following additional terms and conditions apply, in addition to the other terms outlined in these Terms of Service:
(a) GoGiveMe and you acknowledge that these Terms of Service are solely between GoGiveMe and you, and not with Apple. As between GoGiveMe and Apple, GoGiveMe, not Apple, is solely responsible for the Apple-Enabled Software and its content (excluding User Content).
(b) You must not use the Apple-Enabled Software in any way that violates or is inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise conflicts with, the App Store Terms of Service.
(c) Your licence to use the Apple-Enabled Software is limited to a non-transferable licence to use the Software on an iOS Product that you own or control, as permitted by the Usage Rules in the App Store Terms of Service.
(d) Apple has no obligation whatsoever to provide any maintenance or support services for the Apple-Enabled Software.
(e) Apple is not responsible for any product warranties, whether express or implied by law. If the Apple-Enabled Software fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Software. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation regarding the Apple-Enabled Software or any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty. Niether responsibility lies with GoGiveMe, to the extent it cannot be disclaimed under applicable law.
(f) GoGiveMe and you acknowledge that not GoGiveMe, not Apple, is responsible for addressing any claims from you or any third party relating to the Apple-Enabled Software or your possession and/or use of it, including but not limited to:
(i) product liability claims;
(ii) any claim that the Apple-Enabled Software fails to meet any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation.
(g) In the event of any third-party claim that the Apple-Enabled Software or your possession and use of it infringes that third party’s intellectual property rights, as between GoGiveMe and Apple, not GoGiveMe, not Apple, will be solely responsible for the investigation, defence, settlement, and resolution of any such intellectual property infringement claim.
(h) If you have any questions, complaints, or claims regarding the Apple-Enabled Software, please direct them to GoGiveMe at www.gogiveme.com.
(i) GoGiveMe and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you regarding the Apple-Enabled Software as a third-party beneficiary. Accordingly, the parties acknowledge and agree that GoGiveMe enters into this clause (“Apple-Enabled Software Applications”) for its own benefit and on its own behalf, and also as an agent for the benefit and on behalf of Apple and its subsidiaries with respect to the exercise and enforcement of all rights, benefits, and remedies of Apple and its subsidiaries (but not any obligation or burden) within this clause. These rights, benefits, and remedies shall be enforceable by GoGiveMe in its own right and also as agent for and on behalf of each of Apple and its subsidiaries. GoGiveMe retains the right to amend, terminate, or rescind these Terms of Service without the consent of Apple or any of its subsidiaries.
15. Suspension or Termination of Accounts
You agree that we may, in response to concerns of fraudulent or illegal activity or a material breach of these Terms of Service, suspend or terminate your Account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time, including any Fundraisers you may have organised. To the extent permitted by applicable law, we may take any such actions without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. We may take such actions with or without providing you notice.
15.1. Account Closures: We reserve the right, without limitation, to close your Account or disable your access to the Services in any of the following circumstances: (i) we are unable to confirm that your Fundraiser complies with these Terms of Service; (ii) we are unable to support your Account from a technical perspective; (iii) our payment processors are unable to support your Account; (iv) the Beneficiary requests that the Fundraiser is removed; (v) your Account becomes dormant or otherwise abandoned; (vi) your Account displays activity that poses a risk to GoGiveMe or its community; or (vii) such action(s) is required to comply with a court order, writ, injunction, or as otherwise required under applicable laws and regulations. If we close your account or otherwise disable your access to the Services for any of these reasons, we may or may not also issue refunds, as appropriate, in accordance with these Terms of Service.
16. Disclaimers and Limitations of Liability
16.1. Warranty Disclaimer: YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EACH OF GOGIVEME AND ITS AFFILIATES EXPRESSLY DISCLAIMS AND EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT PREJUDICE TO STATUTORY RIGHTS UNDER APPLICABLE LAW, AND WITHOUT PREJUDICE TO CONTENT MODERATION REQUIREMENTS WHERE PRESCRIBED BY APPLICABLE LAW, NEITHER GOGIVEME NOR ANY OF ITS AFFILIATES WARRANTS OR REPRESENTS THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. WE DO NOT GUARANTEE THAT ANY FUNDRAISER WILL RECEIVE A SPECIFIC AMOUNT OF DONATIONS OR ANY DONATIONS AT ALL. WE DO NOT ENDORSE ANY FUNDRAISER, USER, OR CAUSE, AND WE MAKE NO GUARANTEES ABOUT THE ACCURACY OF INFORMATION PROVIDED THROUGH THE SERVICES. AS A DONOR, YOU MUST DETERMINE THE VALUE AND APPROPRIATENESS OF CONTRIBUTING TO ANY USER OR FUNDRAISER.
16.2. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GOGIVEME NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; (II) DAMAGES FOR LOSS OF PROFITS; (III) DAMAGES FOR LOSS OF GOODWILL; (IV) DAMAGES FOR LOSS OF USE; (V) LOSS OR CORRUPTION OF DATA; OR (VI) OTHER INTANGIBLE LOSSES (EVEN IF GOGIVEME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOGIVEME’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY, OR OTHERWISE), OR CAUSES OF ACTION EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID GOGIVEME IN THE LAST SIX (6) MONTHS OR GREATER THAN ONE HUNDRED POUNDS (£100). YOU AGREE THAT NEITHER GOGIVEME NOR ANY OF ITS AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY CONTENT OR MATERIALS OF ANY THIRD PARTIES (INCLUDING USERS) OR ANY USER CONTENT (INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY USER CONTENT), OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUCH USER CONTENT. YOU ACKNOWLEDGE THAT GOGIVEME DOES NOT PRE-SCREEN ALL USER CONTENT, BUT THAT GOGIVEME AND ITS DESIGNEES WILL HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO REFUSE, REMOVE, OR ALLOW ANY USER CONTENT THAT IS AVAILABLE VIA THE SERVICES AT ANY TIME AND FOR ANY REASON, WITH OR WITHOUT NOTICE, AND WITHOUT ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS, DAMAGES, COSTS, OR LOSSES RESULTING THEREFROM. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE OUTCOME OR SUCCESS OF ANY FUNDRAISER.
17. Indemnification and Release
17.1. Obligations of Users to Indemnify GoGiveMe against certain types of claims: To the fullest extent permitted by applicable law, You agree to release, indemnify and hold GoGiveMe and its Affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses (including reasonable legal fees), costs, awards, fines, claims, and actions of any kind, arising out of or relating to your use of the Services, any Donation or Fundraiser, any User Content or content generated by AI, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that GoGiveMe has the right to conduct its own defence of any claims at its own discretion, and that you will indemnify GoGiveMe for the costs of its defence.
17.2. Release of Claims: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favour at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party. If you waive any comparable statute or doctrine to the extent permitted by law.
18. Dispute Resolution
18.1. USERS ANYWHERE IN THE WORLD EXCEPT FOR THE EUROPEAN ECONOMIC AREA, THE UK, AND SWITZERLAND:
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW CLAIMS BETWEEN YOU AND GOGIVEME ARE RESOLVED. This agreement mandates that you arbitrate disputes with GoGiveMe and restricts the manner in which you can seek relief. It limits certain legal rights, including the right to a jury trial, the right to participate in any form of class, collective, or representative claim, dispute, or action, and the right to certain remedies and forms of relief. Other rights that you or we would have in court, such as appellate review, may also not be available in the arbitration process described below.
(a) Informal Resolution: You and GoGiveMe agree that attempting to resolve disputes informally in good faith can often lead to a prompt, low-cost, and mutually beneficial outcome. In the unlikely event of a disagreement between you and GoGiveMe regarding any claim or controversy in law or equity arising out of, relating to, or connected in any way with the Services or the Platform (collectively, “Dispute”), you must first contact us directly at gogiveme.com/contact-us before initiating any legal action. Your email must include your name, the email address associated with your GoGiveMe account (if any), a description of the Dispute, and the specific relief you seek.
You agree that the term “Dispute” in these Terms of Service will have the broadest possible meaning. These Terms also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of GoGiveMe, or third party if GoGiveMe could be held liable, directly or indirectly, for such Dispute. This includes any Disputes arising out of or relating to your relationship with us, including without limitation, disputes related to these Terms of Service or their breach, termination, enforcement, interpretation, or validity, your use of the Services, and/or any rights of privacy and/or publicity.
For 60 days from the date you first contacted us about the Dispute, you and we agree to engage in good faith efforts to resolve it. You will not initiate any legal action during this period. We may mutually agree to extend this timeframe.
Participating in an informal dispute resolution process is a mandatory prerequisite before commencing arbitration or legal action. The statute of limitations and any filing fee deadlines will be suspended while the parties engage in this required informal dispute resolution process.
(b) Binding Arbitration Agreement & Class Action Waiver: YOU AND GOGIVEME AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR OUR SERVICES IS PERSONAL TO YOU AND GOGIVEME. YOU AND GOGIVEME AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS AND NOT IN A COURT OF LAW. YOU AND WE HEREBY EXPRESSLY WAIVE ANY RIGHTS TO SUE IN COURT AND RECEIVE A TRIAL BY JUDGE OR JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS (GROUP) ACTION OR REPRESENTATIVE PROCEEDING. The arbitrator, and not any federal or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration proceedings and outcome are subject to certain confidentiality rules, and judicial review of the outcome is limited. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. This agreement to arbitrate such disputes, claims, or controversies shall be referred to herein as the “Arbitration Agreement.”
(c) Arbitration Process, Rules, and Forum: You and GoGiveMe agree that the terms of this Arbitration Agreement are governed by the relevant Arbitration Act of your country/county in all respects.
The arbitration will be administered by under its Consumer Arbitration Rules, including its Mass Arbitration Supplementary Rules, as modified by these Terms of Service. Unless the parties agree otherwise in writing, the arbitration proceedings shall remain confidential. Unless you and GoGiveMe otherwise agree, or the Mass Arbitration process outlined below is triggered, the arbitration will be conducted in the county where you reside. The demand for arbitration must include a statement certifying the completion of the informal dispute resolution process described above. A copy of the Arbitration Demand must be sent by email to the counsel who represented GoGiveMe in the informal dispute resolution process, or if there was no such counsel, then by to email.
If the party requesting arbitration is represented by counsel, the Arbitration Demand shall also include counsel’s name, telephone number, postal address, and email address. Counsel must also sign the Arbitration Demand, thereby certifying that, to the best of their knowledge, information, and belief, formed after a reasonable inquiry, that (1) the Arbitration Demand is not filed for any improper purpose; (2) the claims, defences, and other legal contentions are warranted by existing law or a non-frivolous argument for changing the law; and (3) the factual and damages contentions have evidentiary support or are likely to have such support after a reasonable opportunity for further investigation or discovery.
(d) Arbitration Fees: Your responsibility to pay any filing fees, case management fees, and arbitrator compensation will be solely as set forth in the applicable Rules of the arbitration provider.
(e) Mass Arbitrations: If 25 or more Arbitration Demands of a similar nature are filed against GoGiveMe, and the parties are consistently or coordinately represented across these cases, the Supplementary Rules for Mass Arbitration of the arbitration provider shall apply.
All parties agree that Arbitration Demands are of a “similar nature” if they arise from the same event or similar factual scenario, raise the same or similar legal issues, and seek the same or similar relief. If the parties disagree on the applicability of the Mass Arbitration process, the disagreeing party shall advise and appoint a sole standing Process Arbitrator to determine its applicability. To expedite resolution, the parties agree that the Process Arbitrator may establish necessary procedures to resolve any disputes promptly. Should initial mediation efforts as outlined in the Supplementary Rules for Mass Arbitration fail and the cases proceed, you consent to and the Process Arbitrator shall order the cases to proceed according to the following batching terms:
The Process Arbitrator shall group and administer the arbitration demands into batches of no more than 26 demands per batch (plus a final batch of any remaining demands if less than 26). Thirteen (13) of the initial batch will be selected by the claimants and their coordinated counsel, and thirteen (13) will be selected by GoGiveMe. If there is any dispute regarding the selection of claimants, the Process Arbitrator will have sole discretion to make the selection. The remaining Arbitration Demands shall be stayed, and no arbitration provider fees will be assessed for them until they are selected to proceed to individual arbitration proceedings as part of this staged process. If the parties cannot resolve the remaining Arbitration Demands after the initial twenty-six proceedings, they shall participate in a second global mediation session. Should this second mediation not result in a global settlement, the batching process will repeat until such resolution is achieved.
You agree to cooperate in good faith with GoGiveMe to implement this batch approach to resolution and fees, including the payment of single case management fees and arbitrator compensation for batches, as well as any steps to minimise the time and costs of arbitration. Any applicable statute of limitations on your Arbitration Demand and filing fee deadlines shall be suspended for batched coordinated disputes from the time any Arbitration Demand is selected for the first set of batching proceedings until the time your Arbitration Demand is selected to proceed in arbitration, withdrawn, or otherwise resolved.
This Arbitration provision shall not be interpreted as authorising a class, collective, and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as explicitly set forth in this section. If the terms regarding batched disputes are deemed unenforceable as to you or your batch, then they shall be severed, and you agree to arbitrate in individual proceedings as ordered by the Process Arbitrator in accordance with this section.
(f) Confidentiality: We each agree to keep any informal dispute and arbitration proceedings confidential, including all information exchanged and any settlement offers, unless required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective lawyers, accountants, auditors, and insurance providers.
(g) Enforceability: If any provision of these Terms of Service or this Dispute Resolution section is found to be unenforceable, illegal, or invalid for any reason, such unenforceability, illegality, or invalidity will not affect any other provision of these Terms of Service or this Dispute Resolution section, and these Terms of Service and this Dispute Resolution section will be construed as if such unenforceable, illegal, or invalid provision had never been included.
(h) Opt Out: You may opt out of this Arbitration Agreement. To opt out, you must notify GoGiveMe in writing no later than 30 days after first becoming subject to this Arbitration Agreement, including any updates to it. Your notice must include your name and address, the title of and link to your GoGiveMe fundraiser (if any), the email address you use to access your GoGiveMe account (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to gogiveme.com/contact-us with the subject line “Arbitration Opt-Out Notice.” If you opt out of this Arbitration Agreement, all other parts of these Terms of Service will continue to apply to you. GoGiveMe will continue to honour valid opt-outs from users who validly opted out of the Arbitration Agreement in a prior version of these Terms of Service.
(i) Time Period for Claims: You agree that any claim or cause of action arising out of or related to the use of the Services, the Platform, or these Terms of Service must be filed within one (1) year after such claim or cause of action arose, or it will be permanently barred, meaning that you and GoGiveMe will not have the right to assert the Claim.
18.2. USERS IN THE UK, EUROPEAN ECONOMIC AREA, AND SWITZERLAND: These Terms and any dispute arising out of or in connection with your use of the Services are governed by the laws of the U.K., subject to any more favourable mandatory provisions of your local law, and the courts of the U.K., shall have exclusive jurisdiction, except to the extent that mandatory provisions of your local law allow for the competence of your local courts.
(a) Users In The European Union: You have the right to submit all unresolved disputes between you and GoGiveMe to the Online Dispute Resolution (ODR) platform administered by the European Union: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks, as it is in effect at the time, except that either party may seek injunctive relief for infringement of intellectual property rights or other proprietary rights in court, and claims brought under the EU or UK General Data Protection Regulations may be resolved locally in court or by referral to a competent privacy regulator.
18.3. Disputes With Other Users: You agree that you are solely responsible for your interactions with any other User in connection with the Services, and neither GoGiveMe nor its Affiliates will have any liability or responsibility for such interactions. GoGiveMe and its Affiliates reserve the right, but have no obligation, to become involved in any way with disputes between you and any other User of the Services.
19. Changes to the Terms
19.1. Policies regarding how changes to the Terms of Service will be communicated and implemented: We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. Where possible we will provide 30 days’ notice of substantive changes to these Terms of Service and, if appropriate, we may inform users of such changes via email or other appropriate means. Changes may be made at short or no notice where a change is required by law. When we make a change, we will post the revised Terms of Service on this page and will indicate the date of such revision. Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. If you do not wish to accept the new Terms of Service, you should discontinue your use of the Services.
19.2. English Version Binding: To the extent allowed by applicable law, the English language version of these Terms of Service is binding and their translations in other languages are for convenience only; in case of discrepancies between the English version of these Terms of Service and their translations, the English version shall prevail.
20. Miscellaneous
20.1. Entire Agreement: These Terms of Service constitute the entire agreement between you and GoGiveMe and supersede any prior agreements regarding your use of the Services and the Platform. You may also be subject to additional terms and conditions when you use affiliate or third-party services, third-party content, or third-party software.
20.2. Governing Law: For Users in the United Kingdom, European Economic Area, and Switzerland, these Terms of Service and any dispute arising from or related to your use of the Services are governed as detailed above in Section 18.2 (“Disputes – Users In the UK, European Economic Area and Switzerland”). For all other Users, these Terms of Service will be governed by the laws of the Country, excluding its conflict of law provisions. Regarding any disputes or claims not subject to arbitration as outlined in Section 18.1, you and GoGiveMe agree to submit to the personal and exclusive jurisdiction of the courts located within the county/country.
20.3. Waiver: The failure of GoGiveMe to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.
20.4. Severability: If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the remaining provisions of these Terms of Service will continue in full force and effect.
20.5. Printed Version: A printed version of this agreement and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20.6. Assignment: You may not assign these Terms of Service without GoGiveMe’s prior written consent. However, GoGiveMe and/or its Affiliates may assign or transfer these Terms of Service, in whole or in part, without restriction. For clarity, GoGiveMe and/or its Affiliates may, at any time, assign our rights or delegate our obligations under these Terms without notice to you in connection with a merger, acquisition, reorganisation, or sale of equity or assets, or by operation of law or otherwise.
20.7. Section Titles: The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
20.8. Notices: To the extent permitted by applicable law, we may provide notices to you via email or regular mail. The Services may also display notices or links to notices regarding changes to these Terms of Service or other matters generally on the Platform.
20.9. Force Majeure: Except as otherwise provided under applicable law, GoGiveMe will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including, but not limited to, acts of God, war or threats of war, terrorism or threats of terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, governmental regulations or advisories, recognised health threats as determined by the World Health Organization, the Centers for Disease Control, or local government or health agencies, strikes, or shortages or curtailment of transportation facilities, fuel, energy, labour, or materials.
20.10. Export Controls: Software available in connection with the Services and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of your country or other jurisdictions. You may not download Software from the Services or otherwise export or re-export it in violation of such export control and economic sanctions laws. Downloading or using the Software is at your sole risk. You represent and warrant that (i) you are not located in a country subject to a government embargo or designated by the government as a “terrorist supporting” country; (ii) you are not listed on any government list of prohibited or restricted parties; and (iii) you are not located in any other country or jurisdiction from which you would be barred from using the Services by applicable law.
21. Questions? Concerns? Suggestions?
For more information about GoGiveMe’s Services and Platform, or to report violations or ask any questions, please visit gogiveme.com/contact-us .
CONTACT US
To resolve a complaint regarding the Site or to receive further information about using the Website / Platform, please contact us via contact form on contact page:
GoGiveMe Ltd. Rgtd. U.K.
gogive.me
gogiveme.com
gogiveme.co.uk