Terms and Conditions
This policy was last updated on 23rd March 2021.Give as you Live Instore is part of Give as you Live®.
These terms describe what Give as you Live Instore does for you (the user) as the on-line shopping dashboard used via the Give as you Live website. Give as you Live Instore enables you to generate charitable donations every time you purchase reloadable shopping payment cards or e-codes from the participating retailers. A donation is generated from commissions that Give as you Live have negotiated and this donation is made by Give as you Live, in the form of a cash donation, will be distributed to the users selected cause. All causes supported by users will receive the funds raised in a scheduled quarterly payment.
2.0 Key points
- Give as you Live Instore is a closed membership scheme available to Charity members and Give as you Live signed-up users.
- Give as you Live Instore is accessed through the users secure dashboard within www.giveasyoulive.com and can be found via instore.giveasyoulive.com
- There is small cost to the user for the despatch of the cards, but no cost to your cause.
Transactions made on Give as you Live Instore for retailer store shopping payment cards and e-codes are all made through a secure portal provided by our partners, Hawk Incentives Limited.
Hawk Incentives are the UK's leading distributor of retailer store shopping payment cards and e-codes. All payments are made via a PCI compliant secure payment gateway provided by SagePay. Payment details are not visible to Give as you Live Instore and this data is never stored within our database.
3.0 Formal notices
www.giveasyoulive.com ('Website') and the GAYL® download and GAYL® App and www.CardsforCauses.co.uk are owned and operated by Give as you Live Limited whose registered office is at 13 The Courtyard, Timothy's Bridge Road, Stratford-upon-Avon, Warwickshire, CV37 9NP (company number 5181419), (referred to as 'we' or 'us' or 'Give as you Live' below). The use of www.cardsforcauses.co.uk, www.giveasyoulive.com and the GAYL® download and GAYL® App is subject to the following terms and conditions. Please read these Terms of Service carefully. If you do not wish to be bound by these Terms of Service, you should not continue to use or access the Website.
These Terms of Service may change or be updated from time to time. It remains your responsibility to access and check these Terms of Service whenever you access the Website. The latest version of these Terms of Service will govern any future usage by you of the Website.
By clicking on the GAYL® Application Window, you as a user (referred to as 'you' below) are accepting our terms and conditions.
4.0 Legal notices.
GAYL® downloaded or used on the Website or as an App is not sold; rather, licensed all the way through the distribution channel to the end user. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH GIVE AS YOU LIVE LIMITED THAT CONTROLS AND ALTERS YOUR USE OR DISTRIBUTION OF THE GAYL® PRODUCT, THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT BELOW APPLIES TO YOU. Please be careful to read the agreement for GAYL®.
5.0 Scope of license.
You may use the Give as you Live Instore facility, the GAYL® download or Website software or GAYL® App only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not:
- Work around any technical limitations in the software.
- Reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation.
- Make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation.
- Rent or lease the software.
- Transfer the software or this agreement to any third party.
- Use the software to incorporate malicious software, spyware, adware or other potentially unwanted software into the software.
- Use the software for commercial software hosting services.
6.0 Consumer rights.
All transactions you make are not with us, but with the individual retailer. Any defect or fault with the goods purchased are the sole responsibility of the merchant from whom you purchased the product. Give as you Live Limited cannot accept any liability for goods purchased by you from affinity sites.
7.0 Amounts raised for cause.
After you have registered you can raise money for your favourite cause every time you purchase shopping/Gift cards via Give as you Live Instore.
The donations you earn from Give as you Live Instore are distributed to your selected cause when the monies are received by Give as you Live Limited from the retailer. From time to time retailers may increase or decrease the commission paid and may leave the scheme whilst new retailers may also join.
Donations are raised at the point that the purchase is complete and the cash is loaded to the shopping payment card or e-code. This will be added to your Give as you Live user account panel with a 'pending' status. When Give as you Live receives the commission, from the retailer, the transaction moves to "Paid" in the account panel. Once the transaction is "Paid", Give as you Live will include the commission into the public totals on the GAYL® site and disburse the money to your chosen cause through our Payment Provider in the next scheduled payment run covering the effective date of the transaction.
Cause donations are aggregated, until the total donation to each supported cause totals more than £4.75. By aggregating donations, administration is minimised for both parties. Once the threshold is reached, we will pass on the entire total of the donation(s) directly to the cause at no charge via our Payment Provider.
About the causes and organisations you can support through GAYL®.
The GAYL® download, Give as you Live Instore and other products from our Website allow users to raise funds for any of the causes and organisations listed. Give as you Live Instore is a closed membership scheme - consequently, users will arrive at the sign-up section of the www.cardsforcauses.co.uk website via a link from the Charity of which they are a member or because they are a Give as you Live user. Users who have not received the relevant link from their Charity or Give as you Live will not be able to register for Give as you Live Instore.
8.0 Use of funds.
Each cause beneficiary reserves the right to utilise the income raised through Give as you Live Instore to best effect for the cause.
9.0 De-registered causes.
In the event that a cause ceases to operate or becomes de-registered before all of the monies raised or donated can be sent to them, their outstanding payment will be distributed to a charity or charities at the discretion of Give as you Live management.
10.0 Payment card charges.
The use of personal debit cards is free of charge. Personal credit cards cannot be used on this site. If you pay with a corporate credit card (payment methods listed below), you shall pay the following fees as a percentage of the value of the transaction at the time of placing your order:
- Mastercard Business 2.2%
- Visa Business 2.3%
Hawk Incentives Ltd processes your orders so you will see this on your bank statement.
The names Give as you Live(TM), giveasyoulive.com, the Give as you Live® logo and any other product and service names that we may present on the GAYL® download and the Website from time to time may not be used in connection with any product or service that is not Give as you Live's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Give as you Live. Other trademarks, service marks or logos that appear on the Website or on a web-site on which the GAYL® download appears, in particular (but not exclusively) those of member causes, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both Give as you Live and the trade mark owner.
www.giveasyoulive.com and the GAYL® download and Website are protected by copyright. All content on the Website is owned by Give as you Live Limited, our supported causes, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. The GAYL® download and the Website, in whole or in part, is for your personal use only. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trade mark or other proprietary notice. No other use of the Website's content is permitted without the express prior permission of Give as you Live Limited, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to firstname.lastname@example.org
14.0 Changes to the service.
Give as you Live will make every effort to ensure that www.cardsforcauses.co.uk, www.giveasyoulive.com the website and the GAYL® download and other services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms of Service.
You agree to indemnify Give as you Live Ltd against any loss, liability, claim, demand, damage or expense (including legal fees) that may occur in connection with the use of this site. We take reasonable care and skill to ensure that the data provided on this site is accurate and up to date. However, we give no warranty of the accuracy of any information on the site and do not accept liability for any errors or commissions, neither do we accept liability for any resulting damage or loss.
16.0 Linking from external websites.
www.giveasyoulive.com is happy for other websites to link to it; however, it does not permit pages to be loaded into frames on other sites. It does not permit links from any websites that contain material which could be construed as offensive.
17.0 Links to external websites.
www.cardsforcauses.co.uk and www.giveasyoulive.com link to many other websites for information and as a service to our users. The external websites are not under our control and we are not responsible for the content of any linked site. By listing or linking to another site, we are not making any kind of endorsement and we accept no liability in respect of the content. We do not guarantee that links will work all of the time and cannot control the availability of the linked pages. If you deem any link inappropriate or offensive, or find any link to not work, then please let us know so that we may remove the link.
18.0 Un-authorised use of our website.
If it is found that the GAYL® download or Website is being interfered with in any way including modification of URLs, posting unauthorised URLs on public media, pages being spidered, automatic scripts or anything deemed by ourselves to be abnormal use then we may terminate your account and any donations may become voided. To protect our retailers, any abuse of an offer may lead to transactions being revoked. Any transactions deemed to be of a suspicious nature may require verification by ourselves and/or the merchants involved, and further information on your transactions may be requested from yourself. For this reason, we may pass on any details which you have provided in communications with the merchant and its agencies. Usernames should not be offensive nor used in any way which may represent any trademarks or brand names, be it owned by Give as you Live or other entities. Where this is the case then you will be required to update this to a suitable name.
19.0 Virus disclaimer.
We take all reasonable effort to test material before placing on our Website. In the very unlikely event of any loss, disruption or damage, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur whilst using material derived from this Website or the GAYL® download.
THE WWW.GIVEASYOULIVE.COM WEBSITE AND GAYL® DOWNLOAD IS PROVIDED 'AS IS', WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR REPRESENT THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS. IN NO EVENT WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGES WHATSOEVER ARISING FROM USE OR LOSS OF USE OF, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF WWW.GIVEASYOULIVE.COM WEBSITE AND GAYL® DOWNLOAD. Use of this Website and GAYL® download is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
You may discontinue use of the Website and GAYL® download services at any time. These Terms of Service will continue to apply to past use by you.
22.0 Modification of agreement.
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion for any reason. We will post the revised agreement on this Website.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
24.0 Governing law.
These terms and conditions shall be governed by the laws of England. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England. You hereby consent to the exclusive jurisdiction of the England courts in all disputes arising out of or relating to the use of this Website and GAYL® download.
25.0 Third party rights.
A person who is not a party to these Terms of Service has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Service.
26.0 Fraud and Misrepresentation
Only referrals for genuine signups will be paid. Multiple accounts created for use by or under the direction or control of the same person or any fraudulent signups, or signups using fictitious email addresses that we subsequently detect may result in any unpaid referrals being withheld at the discretion of the Company.
The Company's decision, after investigation, will be final and action may be taken to reclaim funds gained as a result of misrepresentation or fraudulent behaviour.
27.0 Charity Data
- The Charity Commission make available to the general public a database of basic Charity details for all registered UK Charities.
- This database includes a contact name and email address and details of the Charity's aims and objectives by class.
- Give as you Live Limited uses this freely available data to create our list of Charities that can be supported by users of its products such as 'Give as you Live Instore', 'Give as you Live' and 'Everyclick Search'. This gives our users the ability to support any UK registered Charity however, large or small.
- We only hold the data that is provided by the Charity Commission unless the Charity has provided us with additional or alternative contacts etc.
- The data is also used as a contact list to make Charities aware of further benefits, products and services that we make available to the Charity sector in order to help them raise additional funds.
- We only contact people on that database or those who have expressly given us permission to do so.