Giving What We Can USA Inc., and our separate but affiliated organizations in Canada and the United Kingdom, together with our parents, subsidiaries, and affiliates (collectively, “GWWC,” “we,” “our,” or “us”) is committed to protecting the privacy and security of the personal information we process. GWWC operates a variety of online websites and resources, including those made available at https://www.givingwhatwecan.org/ and any other sites or applications containing a link to these Terms of Use (these "Terms"), such as donation pages where users can contribute to the charitable causes that we have carefully selected and online forums where visitors can read, discuss, and contribute ideas (collectively these websites and applications, and all features, functionality, content, and materials made available on or through them are referred to as the "GWWC Sites").
Individual GWWC Sites may include additional terms relating to how they may be used. If additional terms contradict these Terms, then the relevant provisions of these Terms take precedence unless expressly stated in the additional terms.
These Terms are entered into by you, the individual user or visitor, and GWWC and govern your access to and use of the GWWC Sites. Please read these Terms carefully before you access or use the GWWC Sites.
By accessing or using any of the GWWC Sites, you confirm that you accept these Terms and all policies referenced in them and you agree to comply with them. If you do not agree to these Terms and all other policies referred to in them, then you must not access or use any GWWC Sites.
Giving What We Can USA Inc. is a registered Section 501(c)(3) public charity in the United States (EIN 93-3629215) with a registered office at 651 N. Broad Street, Suite 201, Middletown, Delaware 19709, USA.
Giving What We Can UK is a UK company limited by guarantee (Company Number 15442716) with a registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom.
Giving What We Can Canada is a Canadian nonprofit (Business Number 758609556RC0001) with a registered office at 7700 Hurontario St, Brampton, Ontario, L6Y 4M3, Canada.
We amend these Terms and any policies referred to in these Terms, from time to time. Every time you wish to use any GWWC Sites, please check these Terms (and any policies referred to in these Terms) to ensure you understand the terms that apply at that time.
If you have an Account (defined below) with us, we will try to give you reasonable notice of major changes through your Account or the contact information associated with your Account.
Before you make any donations on or through the GWWC Sites or to GWWC, or upload, post, share, or otherwise make available any of Your Content (as defined below), please check this page for any updates or changes. All changes are effective immediately from when we publish an update to these Terms of Use. The new Terms of Use will apply to any continued access to and use of the GWWC Sites. If you continue to use the GWWC Sites, including your Account, following any changes to these Terms (whether posted on the GWWC Sites, sent via your Account or Account contact information, or other reasonable means) you confirm you accept and agree to the changes. If you do not agree to the changes, you must not use the GWWC Sites or your Account.
2.1 Age Restrictions. You must be 18 years or older to access or use the GWWC Sites or create an Account. By accessing or using the GWWC Sites, including creating an Account, you confirm you are at least the age of majority (meaning not classed as a minor) in your jurisdiction.
2.2 Privacy. Any information you provide to us or that we collect about you which can identify you will be used only in accordance with our Privacy Policy (the "Privacy Policy") which also applies to your use of the GWWC Sites. We will not share your personal data with any third party other than in accordance with our Privacy Policy. Please take a few moments to read our Privacy Policy.
2.3 Rules of Use or Guides. When you use, or have previously used, a feature that allows you to make contact with other users (if applicable); and/or when you have previously uploaded, posted or shared, or in the future upload, post, or share, any content like essays, articles, comments, graphics, etc. (including your personal information) ("Your Content") to the GWWC Sites, you must comply with any rules of use or guides on the GWWC Sites. If there is any conflict between such rules of use or guides and these Terms, these Terms will apply.
2.4 Support. We may provide you with technical support to use the GWWC Sites, or create an Account, but we do not have to provide such support and may stop providing this support at any time.
2.5 Applicable Law. The GWWC Sites are directed to people residing in the UK and the USA. We do not represent that content available on or through our site is appropriate for use or available in other locations. As between you and GWWC, you are solely responsible for complying with all laws applicable to you wherever you are located (each, a "Law").
If the GWWC Site you are using allows for donations to be made, the Donation Terms in the schedule to these Terms of Use shall apply.
You may be required, or given the option, to register an account on GWWC Sites ("Account"). You agree that your Account and any passwords associated with your Account are personal to you and you must treat such information as confidential. You must not disclose it to any third party. You agree to notify us if you know or suspect anyone other than you is using your Account or passwords. We have the right to disable your Account and passwords, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. Any information you share with GWWC when registering for an Account will be handled by GWWC in accordance with our Privacy Policy.
5.1 Your Representations and Warranties. You represent and warrant that: (a) any donations you make through the GWWC Sites or to GWWC will not violate any Law or any rights of any third parties; (b) you own or have permission to use and grant the licenses contained in these Terms, to all of Your Content, including as described in Section 6 (Your Content); and (c) Your Content will comply with any rules of use or guides, any Intellectual Property Rights (as defined below), rights of publicity, any other rights of any third party and any applicable Law.
5.2 Acknowledgements. You understand and agree that: (a) you may be required to have an Account to make donations or to upload, post, share, or make available any of Your Content on or to the GWWC Sites; (b) any of Your Content that you upload, post, share, or make available on or to the GWWC Sites will be visible and accessible to GWWC and other visitors to the GWWC Sites; and (c) that all Your Content is subject to the licenses and restrictions described in these Terms.
5.3 Linking to GWWC Sites: You may link to an GWWC Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
6.1 Except for any personal information included in Your Content, which shall be handled in accordance with our Privacy Policy, Your Content will be considered non-confidential and non-proprietary. You retain all of your ownership rights in Your Content, but you are required to grant us and other users of the GWWC Sites a limited licence to use, store and copy Your Content and to distribute and make it available to third parties. The rights you license to us are described in this section.
6.2 License to Your Content. When you create an Account, or upload or post Your Content to any of the GWWC Sites, you grant to us, our third-party service providers (including our Content Management Provider (as defined below)), and our other visitors and users, a royalty-free, perpetual irrevocable, worldwide, nonexclusive, non sub-licensable, license to exercise the Licensed Rights in Your Content to reproduce and share Your Content, in whole or in part, for NonCommercial purposes only and to produce, reproduce and share Adapted Material for NonCommercial purposes only. You also irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials for Your Content. When we make public use of Your Content, we will, where practical, use good faith efforts to credit you as the original author of Your Content. (Licensed Rights, NonCommercial and Adapted Material are as defined in the Creative Commons Attribution-NonCommercial 4.0 International Public License).
6.3 Feedback. If you provide us with any feedback or suggestions about the GWWC Sites or GWWC’s business (the “Feedback”), GWWC may use the Feedback without obligation to you, and you irrevocably assign to PROVIDER all right, title, and interest in and to the Feedback.
6.4 Monitoring. We may, but have no obligation to, monitor, edit or remove Your Content that we determine violates these Terms (including Section 7 (Restrictions)), the Intellectual Property Rights of any person, any applicable Law, or any rules of use or guides. Our policies and procedures concerning our monitoring, editing, and removal practices are further explained in the Guides to the Norms on the EA Forum.
6.5 Disclaimer of Liability. You agree you (and not GWWC) are responsible for Your Content and any Feedback, including the legality, reliability, accuracy, and appropriateness of Your Content. You warrant and agree that by sharing any of Your Content on GWWC Sites, Your Content shall not breach the rights of any third party and shall comply with Section 8 (Intellectual Property Rights; Limited License). The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
7.1 Prohibited Content. In connection with your access to or use of the GWWC Sites, You agree not to upload information or other content or materials, including any of Your Content, that:
(a) is obscene, pornographic, violent, or otherwise offensive, or contains nudity;
(b) is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred, or bigotry;
(c) is aimed at harassing, upsetting, embarrassing, alarming, or annoying any other person;
(d) encourages or facilitates any illegal activity; or
(e) is defamatory, libelous, or untrue.
7.2 Prohibitions on Use and Access. You may use the GWWC Sites only for lawful purposes and in accordance with these Terms. You agree that you will use not use, and are expressly prohibited from using, the GWWC Sites:
(a) in any way that violates any applicable Law;
(b) for the purpose of exploiting, harming, or attempting to exploit or harm anyone, including by threatening to expose their personally identifiable information;
(c) to infringe upon or violate our Intellectual Property Rights or those of others, or to store or transmit infringing, libelous, or otherwise unlawful, or tortious content or material in violation of third-party privacy or publicity rights;
(d) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms, including any content or materials available on the GWWC Sites, whether such content or materials constitute Your Content, or our, or any third-parties' content or materials;
(e) to misrepresent your identity or affiliation with any Supported Programs or any other person or organizations;
(f) in any way that suggests you are a representative of GWWC;
(g) to engage in any other conduct that restricts anyone's use or enjoyment of the GWWC Sites, or which, we think may harm us, visitors to or users of the GWWC Sites, or to expose any of the above parties to any liability.
77.3 Technical Restrictions. In addition to the other prohibitions provided for in these Terms, you agree that you shall not:
(a) sell, resell, sublicense, transfer, or distribute the GWWC Sites, including any of our related Intellectual Property Rights;
(b) provide or obtain or attempt to gain or facilitate unauthorised access to the GWWC Sites or any server or device connected to the GWWC Sites;
(c) disable, overburden, damage, or impair our or our service providers' servers or networks, including via a denial-of-service or similar attack;
(d) use or copy the GWWC Sites in order to spam, phish, pharm, pretext, or engage in similar acts, including to impersonate or attempt to impersonate GWWC, any of GWWC's or its parents', subsidiaries' or affiliates' employees, another visitor or user, or any other person or entity;
(e) interfere with or circumvent the security features of the GWWC Sites or any related website;
(f) introduce into the GWWC Sites or use the GWWC Sites to store or transmit any viruses, Trojan horses, worms, logic bombs, spyware, or other malicious code that will or may be used in any way to affect the functionality or operation of the GWWC Sites or any related websites, hardware, firmware, software, or equipment;
(g) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure, ideas, know-how, or algorithms related to any portion of the GWWC Sites, except to the extent any such restriction is not permitted by applicable law;
(h) modify, translate, or create derivative works based on any portion of the GWWC Sites, except as expressly permitted by these Terms;
(i) permit direct or indirect access to or use of the GWWC Sites in a way that circumvents these Terms, the Privacy Policy, any rules of use or guides, or any other contractual limits;
(j) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other Intellectual Property Rights notices on the GWWC Sites; or
(k) otherwise interfere or attempt to interfere with the security, integrity, or performance of the GWWC Sites in any way.
7.4 Violations of Prohibitions or Restrictions. In line with and in addition to any other termination rights in these Terms, if we consider or suspect, that you or any person or entity using your Account, has violated this Section 7 (Restrictions), we may terminate your access to or use of the GWWC Sites and your Account.
7.5 If you become aware of any material that could comprise or be connected to child sexual abuse or exploitation or that could comprise terrorist content or be connected to terrorism, please contact us immediately on info@ev.org. If you wish to complain about any other content, please contact us on info@ev.org.
8.1 Our Intellectual Property Rights. The GWWC Sites and all their features and functionality, including all software, displays, images, video, audio, and the design, selection, and arrangement, are protected as Intellectual Property Rights. You agree that GWWC and its licensors (excluding you, but including any Content Management Providers) own all right, title, and interest in and to the GWWC Sites, including all related Intellectual Property Rights. ("Intellectual Property Rights" means any and all patent, copyright, trademark, and trade secret rights, any and all other intellectual property or proprietary rights of any kind, and any and all applications, renewals, extensions, and restorations thereof, now and later existing worldwide.)
8.2 Use of GWWC Trademarks. All trademarks, trade names, service marks, slogans, designs, logos, and trade dress appearing on or in connection with the GWWC Sites are the property of their respective owners, including, in some instances, us and/or our licensors, visitors and users, Content Management Providers, or third party service providers. Specifically, the Giving What We Can name is a trademark and service marks of GWWC or its affiliates or licensors. No license to, or right in, any such trademarks, trade names, service marks, slogans, designs, logos, trade dress, or other Intellectual Property Rights of GWWC or other parties is given to you. You must not use any such Intellectual Property Rights without the prior written permission of GWWC, except to the extent any such restriction is not permitted by applicable Law.
8.3 Enforcement Rights. GWWC can enforce its Intellectual Property Rights to the fullest extent possible under Law, including seeking monetary damages, civil penalties, injunctive or other equitable relief, and criminal prosecution.
8.4 Limited License. Subject to you complying with these Terms, we hereby grant to you a royalty-free, revocable, non-assignable, non-sublicensable, non-transferrable, and non-exclusive limited right and license to use the GWWC Sites only in accordance with these Terms. Your use of the GWWC Sites shall be only for your personal, non-commercial benefit, and not for providing third parties, directly or indirectly, with their own access to or use of the GWWC Sites. Other than as expressly granted in these Terms, no right, title, or interest in or to the GWWC Sites or any content on the GWWC Sites is transferred to you, and we reserve all rights not expressly granted in these Terms. Any use of the GWWC Sites not expressly permitted under these Terms is a breach of these Terms and may violate copyright, trademark, and other applicable Laws. We can terminate this limited license at any time and for any reason, with or without notice to you.
9.1 Third Party Sites. Where the GWWC Sites contain links to other sites and resources provided by third parties ("Third Party Sites"), these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
9.2 Third Party Content. The GWWC Sites may include information and materials uploaded by other users, including to social media pages, video-sharing sites, bulletin boards and chat rooms ("Third Party Content"). Your Content and Third Party Content has not been verified or approved by us. The views expressed by you and other users on our site do not represent our views or values.
9.3 Content Management Provider. You accept that certain content management services for the GWWC Sites are provided by Contentful or another third party provider ("Content Management Provider"). Your access to and use of the GWWC Sites is subject to the Content Management Provider's terms and conditions, as updated from time to time. You agree all such terms and conditions. We are not responsible or liable for, and make no representations or warranties concerning, the availability, maintenance, or support of the GWWC Sites offered by such Content Management Provider.
9.4 No Liability. We take no responsibility and assume no liability for: (a) Third Party Sites, Your Content or Third Party Content; (b) our Content Management Provider's terms and conditions applicable to your access to or use of the GWWC Sites; or (c) our Content Management Provider's or our third party service providers' acts or omissions. You use or rely on Third Party Sites, Third Party Content, and GWWC Sites at your own risk.
10.1 DMCA Notice. We respect the Intellectual Property Rights of third parties and require others to do so as well. If you believe that your copyrighted work is, or other Intellectual Property Rights are, being used on the GWWC Sites in a manner that infringes your work, you must notify us as described in this Section. We will investigate notices of claimed copyright infringement and other Intellectual Property Rights violations that we receive and will take necessary actions under the Digital Millennium Copyright Act ("DMCA") regarding any asserted or actual copyright infringement. To report such a claim, email our designated "DMCA Agent" at info@givingwhatwecan.org with the Subject line "DMCA Takedown Request". You may also contact our DMCA Agent at: DMCA - Takedown Request, 2810 N Church St, PMB 52576, Wilmington, Delaware 19802-4447, USA. This notice must be written and must contain the following information:
(a) An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other Intellectual Property Right infringed;
(b) A description of the copyrighted work or other Intellectual Property Right that you claim has been infringed;
(c) A description of the content or material that you claim is infringing and the location where the infringing material resides on the GWWC Sites (such as a link to such material on the GWWC Sites);
(d) Your street address, telephone number, and email address;
(e) A statement that you have a good faith belief that the asserted infringing use is not authorised by the copyright or other Intellectual Property Rights owner, its agent, or the Law; and
(f) A statement from you, made under penalty of perjury, that all of the information in your notice is accurate and complete and that you are the owner of the copyright or Intellectual Property Right or that you are authorised to act on behalf of the owner of the copyright or other Intellectual Property Right.
10.2 Counter Notice. You may submit a "Counter-Notification" to our DMCA Agent if you believe that Your Content was the subject of a DMCA notice, which we removed from the GWWC Sites, but that Your Content is not infringing (or is otherwise authorised by Law) and was improperly removed. To submit this notice you must provide to us, in writing:
(a) Your physical or electronic signature;
(b) Identification of which of Your Content was removed and the location at which it appeared before its removal (such as a link to the location where the material had appeared on the GWWC Sites before removal);
(c) A statement that you have a good faith belief that Your Content was removed as a result of a mistake or misidentification;
(d) Your street address, telephone number, and email address; and
(e) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for the federal judicial district in San Francisco, California, and that you will accept service of process from the person who provided the DMCA notice or an agent of such person.
10.3 DMCA Notice Procedures. The DMCA allows us to restore the removed content if the party filing the original DMCA notice does not file a court action against the party to which the notice relates, within ten (10) business days of receiving a copy of the Counter-Notice. Please be aware that if you knowingly materially misrepresent that any material on the GWWC Sites is infringing or that any material on the GWWC Sites was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
10.4 Termination for Repeat Infringement. In accordance with the DMCA and other applicable Law, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, visitors or users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the GWWC Sites, including the Accounts, for any visitors or users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
11.1 Term. These Terms are effective unless and until terminated by either you or us.
11.2 Your Termination Rights. You may terminate these Terms in relation to the relevant GWWC Site(s) at any time by terminating your relevant Account with us. Terminating your Account will not affect the GWWC Sites (or parts of the GWWC Sites) where you have no Account, or the GWWC Sites where you have not terminated your Account, nor the availability of Your Content that you uploaded, posted, shared, or made available on the GWWC Sites before termination and Your Content will still be subject to these Terms (unless separately agreed with you). You are solely responsible for securing and backing up Your Content.
11.3 Our Termination Rights. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any of these Terms, including any of the provisions in Section 7 (Restrictions) or the Privacy Policy or any rules of use or guides, we may terminate or suspend your Account (and any Accounts that we determine are related to you or your Account) and your access to or use of the GWWC Sites, with or without notice to you.
11.4 Effect of Termination. Once your Account is terminated for any reason, your rights under these Terms will immediately terminate, and you must immediately stop using the GWWC Sites and your Account. The parties' rights and obligations under Sections 5 (Your Obligations), 6 (Your Content), 7 (Restrictions), 8 (Intellectual Property Rights; Limited License), 9 (Third Party Sites, Content, and Service Providers), and 11 (Term; Termination), through 16 (Your Comments and Concerns) and Section 2 of the Schedule (Refunds on Donations), will survive the expiration or termination of these Terms for any reason. These Terms apply to any rights or obligations of either party for as long as you are accessing and using the GWWC Sites and shall continue for any claims arising out of such access or use.
12.1 Changes to the GWWC Sites. We may suspend, discontinue, update, or change all or any part of the GWWC Sites for you or any or all other visitors or users, at any time, with or without notice, and for any reason. We will not be liable to you for the effect that any such changes or other actions may have.
12.2 Service Availability. Due to maintenance, security, or capacity issues, or force majeure events, the GWWC Sites may be temporarily suspended, slow, or otherwise adversely affected. We will not be liable to you for any such issue.
12.3 Mobile Access. Access to the GWWC Sites, including the ability to make donations through the GWWC Sites or to GWWC or to upload, post, share, or make available Your Content on the GWWC Sites, and the ability to browse the GWWC Sites, may be available through your mobile device. To the extent that you access or use the GWWC Sites, including your Account, through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. We are not responsible and accept no liability for any such charges, data rates, or fees.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL GWWC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, OR LOSS OF BUSINESS, BUSINESS INTERRUPTIONS, OR BUSINESS OPPORTUNITIES, EVEN IF GWWC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT ARISE IN CONNECTION WITH THE GWWC SITES. IF YOU ARE DISSATISFIED WITH THE GWWC SITES OR WITH ANY OF THESE TERMS, OR FEEL GWWC HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IT IS THE INTENTION OF YOU AND GWWC THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13.6 YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT PRESENTS A FAIR ALLOCATION OF RISK AND LIABILITY, AND THAT SECTIONS 13 AND 14 ARE ESSENTIAL PARTS OF THE BARGAIN BETWEEN YOU AND GWWC, CONTROLLING FACTORS IN SETTING ANY FEES PAYABLE BY YOU FOR ACCESS TO THE GWWC SITES, AND AN INDUCEMENT TO THE PARTIES TO ENTER INTO THIS AGREEMENT.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold harmless the GWWC Parties from and against any claims, demands, actions, suits, liabilities, damages, losses, costs, penalties, fines, and settlements (including reasonable attorneys' and experts' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of, or activities in connection with, the GWWC Sites; (c) your donations through the GWWC Sites or to GWWC; (d) Your Content; or (e) your violation of any Law or the rights of a third party, including Intellectual Property Rights. You may not settle or otherwise compromise any claim, demand, action, or suit covered by the above indemnification without GWWC's prior written consent, not to be unreasonably withheld.
15.1 Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. Any action arising in connection with this Agreement shall be resolved exclusively by the State and Federal courts for the State of Delaware.
15.3 Electronic Communications Notice. Sending us emails and completing online forms are considered electronic communications. You agree to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, the GWWC Sites or through your Account, satisfy any legal requirement that such communication be in writing. To retain copies of any electronic communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE GWWC SITES OR YOUR ACCOUNT. You waive any rights or requirements under any statutes, regulations, rules, orders, treaties, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments, donations, or the granting of credits by any means other than electronic means.
15.4 We may transfer our rights and obligations under these Terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.1 All legal notices to us, must be in writing and must reference these Terms. In the case of notices from you to GWWC, these may be sent to us by post at Giving What We Can, 2810 N Church St, PMB 52576, Wilmington, Delaware 19802-4447, USA or by email at info@givingwhatwecan.org.
16.2 All inquiries concerning donations, including changing allocations, cancelling recurring donations, notifications of payment errors, or questions about Gift Aid, should be directed to donations@givingwhatwecan.org.
16.3 All other feedback, comments, requests for technical support, and other communications from you relating to the GWWC Sites or these Terms may be submitted to info@givingwhatwecan.org.
16.4 In the case of notices given by GWWC to you, they may be sent by post or email, at GWWC's discretion, using the most recent contact details provided by you to GWWC.
These Donation Terms apply to you if you use any feature of the GWWC Sites that involves donations. Some of the terms in this Schedule may not apply to you based on your location.
1.1 Donations can be made to GWWC online via the GWWC Sites, by way of bank transfer or cheque, or through Payroll Giving (as defined below).
1.2 Donors to GWWC may make recommendations to GWWC for how GWWC should spend the funds. Recommendations may include: asking GWWC to donate to the “Charitable Projects” which it has listed on the GWWC Sites, or asking GWWC to use their donation for the specific pool of donations which will be used for charitable purposes in a particular area (“Hosted Funds”). Collectively these two options are referred to as “Supported Programs”.
1.3 GWWC will consider Donors’ preferred Supported Program when determining any grant to, or allocation of donations between, the Charitable Projects and Hosted Funds (as applicable), but each Donor agrees that GWWC’s decision on the allocation or grant of all donations, including any associated Gift Aid, is final and may be made in GWWC’s sole discretion. If GWWC does not grant or allocate a donation to a Donor’s chosen Supported Program, GWWC will pass the relevant donation to an alternative Supported Program, or GWWC may retain the funds. In either case, GWWC will use all donations in a manner that furthers its charitable objectives.
1.4 Donations through the GWWC Sites. If a Donor is making a donation online through the GWWC Sites, such Donor must provide requested information, which may include: (a) their name and email address; (b) the Supported Program(s) they would like to support; (c) if relevant, desired allocations; and (d) if applicable, a Gift Aid declaration, in accordance with Section 3 (Gift Aid). The Donor may then make their donation using any of the payment methods permitted on the GWWC Sites.
1.5 Donations through Bank Transfers or Cheques. If a Donor is making a donation through a bank transfer or cheque, the Donor must provide the information requested, following which an email containing a 'payment reference' will be generated. The Donor should quote the payment reference as a reference if making a bank transfer, or include the payment reference with any cheque, to allow GWWC to identify the allocations specified.
1.6 Donations through Payroll Giving. If a Donor is making a donation through any process whereby their employer automatically deducts certain donation amounts from the employee's salary through payroll before the deduction of tax ("Payroll Giving"), the Donor may need to provide the following details (in addition to any other information that may be requested) to their employer or to the relevant government approved agency that collects Payroll Giving donations from employers and distributes such donations to relevant charities ("Payroll Giving Agency"): (a) charity name; (b) charity number; and (c) charity address: when completing a Payroll Giving application, a Donor may indicate their chosen Supported Program and, if relevant, the amounts they would recommend that GWWC allocates to each Supported Program.
1.7 Recurring Donations. A Donor may choose to set up a recurring donation to GWWC in support of their chosen Supported Program through any of the methods described in this Section. If a Donor has setup a recurring donation, they may change their chosen Supported Program and, if relevant, allocations by emailing GWWC (see Section 16 (Your Comments and Concerns; Legal Notices)). If certain Supported Programs cease to qualify as such while a recurring Donation is ongoing (e.g. for no longer meeting GWWC's diligence requirements), then: (a) GWWC will use reasonable efforts to contact the Donor, to give the Donor an opportunity to recommend alternative Supported Program for their recurring donation; and (b) if GWWC is unable to contact the Donor or does not receive a response from the Donor a recurring donation shall be allocated according to the General Procedures above. Recurring donations will continue until the Donor cancels the donation by cancelling the relevant recurring payment method or contacting GWWC using methods described in Section 16 (Your Comments and Concerns; Legal Notices).
1.8 GWWC's Rights to Refuse Donations. GWWC may refuse to process any transactions (made through the GWWC Sites or otherwise) for any reason it decides is appropriate, including if, GWWC considers: (a) a transaction is unlawful or related to fraudulent activities (and GWWC will report any unlawful or fraudulent activity to the appropriate authorities); (b) relevant persons have not properly authorised the transactions; (c) the information provided to GWWC is untrue or incorrect; or (d) GWWC is not satisfied that the funds donated, or to be donated, are being or will be spent to further GWWC's charitable objectives.
1.9 No Fees. GWWC does not charge fees for its activities. After GWWC has decided to send donations to any Supported Program, GWWC may first need to allocate a small part of the donor's original donation to GWWC's general charitable activities. This would be done in order to cover GWWC's own bank transaction fees when making the donation to the Supported Program.
Donors are responsible for ensuring their donations are made in the intended amounts. GWWC will only be required to provide refunds of donations where required under applicable Law. If you become aware of any payment error, please contact us as soon as possible (see Section 16 (Your Comments and Concerns; Legal Notices)).
3.1 Applicability. This Section applies only to Donors that are UK taxpayers when donating to Giving What We Can UK.
3.2 Gift Aid Declaration. A Donor must make a Gift Aid declaration with respect to their donation(s) so GWWC can claim Gift Aid on such donation(s). Donors are responsible for making accurate Gift Aid declarations and GWWC is not responsible for any false or inaccurate Gift Aid declarations made by Donors. When Donors make a donation to GWWC they may be asked to confirm the following statement as a Gift Aid declaration:
"I am a UK taxpayer and I would like all donations I make to Giving What We Can UK, until I notify you otherwise, to be treated as Gift Aid donations. I understand that if I pay less Income Tax and/or Capital Gains Tax than the amount of Gift Aid claimed on all my donations in that tax year it is my responsibility to pay any difference. I understand that you will reclaim 25p of tax on every £1 that I give."
3.3 In addition, Donors must provide their full names and home addresses (i.e., as a minimum, the home number or home name (as applicable) and full postcode) in their Gift Aid declarations. Without this information GWWC cannot claim Gift Aid.
3.4 Donations Ineligible for Gift Aid. The following types of donations are not eligible for Gift Aid (and a Gift Aid declaration should not be given for such donations): (a) cash collections donated to GWWC; (b) money donated on behalf of someone else, or a group of people; and (c) money donated by a company or other organization.
3.5 HMRC Rejection. If HMRC rejects a Donor’s Gift Aid declaration or GWWC is made aware that a Gift Aid declaration is invalid (e.g. because the Donor has not paid sufficient UK Income Tax in the relevant tax year), before GWWC claims any Gift Aid on the relevant donation(s), then GWWC will not claim any Gift Aid on such donation(s) until the Donor makes a valid Gift Aid declaration.
3.6 Gift Aid Amounts; More Information. GWWC will claim 25p in Gift Aid for every £1 donated on qualifying donations (subject to HMRC's guidelines). GWWC typically receives Gift Aid claimed from HMRC within four (4) to six (6) weeks of the date the claim is granted. To learn more about how Gift Aid works, please contact your local tax office or visit the www.gov.uk website. Donor should contact GWWC if they: (a) want to cancel a Gift Aid declaration; (b) change their name or home address; or (c) no longer pay sufficient UK Income Tax and/or Capital Gains Tax.