Terms and Conditions

TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

General Terms of Use

1. GivingFridays thanks you (“User”, “Donor”, “Recipient”, “Visitor”) for your visit to its website GivingFridays.com. This website is maintained by GivingFridays Pte. Ltd. (“Company”, “We”, “Us”, “Our”). Your access and use of this website or any part thereof shall be deemed to be an acceptance of these Terms and Conditions (“Terms”) and any amendments made thereto, and therefore we strongly advise that you regularly review and visit these terms with any changes notified on our website. If you disagree to these Terms or any part thereof, you are requested to discontinue the use of our website, with immediate effect. We reserve our right to change these terms or any part thereof from time to time and as we may deem fit and such changes shall reflect on this section of our website and your continued use of this website pursuant to such changes being posted under this section, shall amount to an acceptance to the modified Terms.

 

Rights of Access

2. This website is an official website offered to you and owned by us. We shall hold autonomy over operations and use of this website. We reserve our right to deny or restrict the access to this website to you for any reason and as we may deem fit solely at our own discretion. We may block access to this website for any particular internet address, at any time and without having the need to ascribe any reasons whatsoever.

3. The materials including but not limited to the statistical data, reports, charts, graphs, information and documents (“Contents”) shall be protected by copyright, trademark and other applicable intellectual property rights. All rights, title and interest in such contents shall be exclusively owned, licensed to and controlled by us.

 

Use of Services

4. The User agrees and acknowledges that their use of this website shall be governed by these Terms of Use made applicable by us. The use of this website by the User shall automatically imply that it has read and understood these Terms of Use.

5. For the sake of avoidance of doubt, the User waives all rights against us for any claims arising from or related to the scheduled donation subject to our adherence to these Terms. We disclaim ourselves of any liability (either product or contractual) towards any obligations, costs, fees, losses, liabilities, claims, judgments, actions, damages and expenses, including but not limited to lawyer’s fees, and court expenses, incurred or arising from your use of this website and services that we offer. As a User of our website, you may be required to create an account (“User Account”) to use the services, in pursuance of which you shall agree to provide us with information that is accurate and complete to the best of your knowledge and belief. Your account shall be protected with a password/code and it shall be your responsibility that the password/code remains confidential and secure at all times.

6. All Authentication and Authorization related tasks shall be undertaken by the third-party platform and be based on their sole discretion. The Company disclaims any liability that may arise as a consequence of any acts, or omissions or causation of such acts by any third-party.

7. A registration to this website by the User shall amount to their acceptance to be responsible for all activities that occur under a username and password/code and we shall at all times assume that any communication we receive under User’s account shall be made by them.

8. In any case, if you notice an unauthorized use or access of your user account, you shall immediately report it to us via email on support@givingfridays.com. For verification, the User shall be required to provide information that we may use to confirm user’s identity and help ensure the security of their account. We shall not accept any liability towards any loss, damages, liability, expenses that the User may incur as a result of unauthorized use of their account, with or without their knowledge and/or authorization. The User shall be independently liable for losses, damages, liability, expenses incurred by us or a third party due to unauthorized usage of the User’s account.

 

Use of Contents

9. Except as otherwise provided by us, the contents of this website shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way, without our prior written permission. For reproducing any content or part of this website, the User must seek permission in writing from us. We reserve the right to refuse the grant of such permission without declaring reason(s) or otherwise or at all. We shall also refuse grant of such permission if the information submitted by User is deemed insufficient by us.

10. Modification of any of the content available on this website or any part thereof or use of such content for any other purpose, either commercial or otherwise will be a violation of our Copyright and other Intellectual Property Rights. Please note that the graphics and images on this website are also protected by copyright and may not be reproduced or appropriated in any manner without our prior written permission.

11. Any request to reproduce the contents from this website for publication or its commercial use should be addressed to us via email at support@givingfridays.com.

 

Disclaimer of Warranties and Liability

12. The content of this website shall be made available on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, we do not take responsibility and disclaim any warranty towards the following:

• a. Accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of the contents of this website;
• b. the uninterrupted or error-free presentation of the content available through this website or any functions associated therewith, or that such defects will be corrected, or that this website and the server is and will be virus free and/or other harmful elements;
• However, we shall undertake all reasonable efforts from our end to ensure that the user gets the most secure and best user experience of this website. 

13. We shall not accept any liability in any event arising out of failure of any of our service or any damage including but not limited to special, consequential, or exemplary or any other loss of any kind arising in connection with the use of this website, including but not limited to any damage or loss suffered in connection with access to, use of, denial of access or restricted access to, modification, suspension and/or discontinuation of this website.

14. Without prejudice to the generality of the foregoing, we shall not be liable for any discrepancy, defect, default, deficiency or malfunction in any device, computer, internet service provider or telecommunication system or network, viruses or other malicious software or denial of service attacks that may affect your use of this website.

15. User agrees that use of this website is conditioned upon user’s waiver of any right to sue us for damages or losses related to the use of this website. The Users agrees and understands that we are merely acting as a platform to connect the Donors and Recipients, who shall both be verified by our payment partner(s) prior to their onboarding on GivingFridays. We may also conduct a reasonable due-diligence of users registering on our website, however in case of making and receiving a donation both Donors and Recipients shall be required to conduct their own due-diligence before making or accepting donations or whatever the case may be.

16. In any case if we, file a bankruptcy, apply for restructuring, stand legally dissolved or cease operations for any reason whatsoever all our future transactions with users shall stand cancelled. We shall neither accept any liability nor will we be held accountable to compensate users in any manner whatsoever. However, in case we are acquired by a different entity all pending transactions will be handled by the acquiring party in a mode and manner as they may deem fit. Please be advised that we shall neither be held liable and nor shall we compensate the users in any manner whatsoever.

17. Neither Company nor its affiliates, suppliers, employees, agents or contractors warrant that the Services will meet Recipient’s requirements, provide uninterrupted use, or operate as required, without delay, or without error. Neither Company nor its affiliates, suppliers, employees, agents or contractors warrant that any communications will be transmitted in uncorrupted form. For all the Services provided under this Agreement, the Recipients shall be required to install their own security systems and protocols, as the Company disclaims it liability. All representations and warranties of any kind, express or implied, including but not limited to any warranties of performance, non-infringement, fitness for a particular purpose or merchantability, are hereby disclaimed and excluded unless otherwise prohibited or restricted by applicable law.

 

Cancellations

18. All users have the right to cancel their registrations with us at any time they deem fit or as they require. Upon the cancellation of a user’s registration, we shall remove all information that we hold of the user from our database. For a cancellation to be held effective, the user shall be required to clear any pending dues that they are liable to pay to us.

19. We also reserve our right to cancel a user’s registration with us at any time we may deem fit and necessary with our without a prior notice and for any reason whatsoever.

20. In any scenario, if the recipient cancels its registration we reserve our right to cancel all future donations that are scheduled in its favour. Please note that we shall not accept any liability for any reason whatsoever in this case.

21. Donors are only permitted to cancel any future donations that they have scheduled with us. The procedure for cancellation is listed on our website which can be accessed at https://givingfridays.com/how-to-donate/. Upon a successful implementation of the listed steps, all listed donations will be cancelled with immediate effect.

22. For any third parties who shall apply for cancellation on behalf of any user, you shall be required to contact us via an email on support@givingfridays.com and we will assist you at the earliest that is reasonably possible. Please ensure that you provide us with the relevant documentary proof and identification details to support the cancellation.

23. The Recipient agrees to immune us against any loss of future revenue that they may face upon a cancellation of their registration with us or if the registration is revoked by us for having a reasonable cause to do so. Please note that we shall not take any accountability to transfer or arrange to transfer the existing donation schedule to a Recipient. All future donations scheduled in favour of a Recipient will stand cancelled with immediate effect.

 

Links from and to this website

24. Our website contains links to third-party websites which are neither wholly nor partially maintained by us. We shall not be responsible for the content, or its accuracy or opinions expressed either directly or indirectly through these websites. We do not take any accountability and neither do we investigate or monitor these websites. These links to third-party websites on our website are provided for user’s convenience. The inclusion of a third-party website on our website shall not mean or be construed to mean our approval or endorsement of the linked website. If you decide to leave this website to access a third-party website, you do so at your own risk. However we reserve our right to remove any content on any third-party website that we may determine is in breach of these terms or any applicable law for the time being in force.
25. Except as stated herein below, caching or linking to, and framing of this website or any part thereof shall remain strictly prohibited;

• a. Linking to the homepage: You may link to the homepage of this website, pursuant to notifying us in writing;
• b. Hyperlinking to an internal page of this website: You must make a specific request, and secure our prior permission before hyperlinking to, or framing this website or any part thereof, or engaging in similar activities. We reserve our right to impose any conditions as we deem fit when permitting hyperlinking to, or framing of this website or any of its content.

26. Linking or framing of this website shall be deemed to be an acceptance of these Terms of Use. If you do not accept the Terms of use or any part thereof, you are requested to unlink or remove the framing of this website or any of its content with immediate effect.

27. We reserve our right to disable any links or frames of any website containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary and privacy or publicity rights.

28. We also reserve our right to disable any unauthorized or unverified links or frames and further disclaim any responsibility for the content available on any other website accessible by links to or from this website or any content thereof.

29. We shall also provide Recipients an option to White Label our service, meaning that we shall integrate our Platform on the Recipient’s qualified domain subject to such Recipient completing the Platform White Label Form and other documentation as may be provided by us.

 

Force Majeure

30. We shall not accept any liability for any failure or delay in performing our obligations where such failure or delay results from any cause being beyond our reasonable control. Such events shall be referred to as “Force Majeure” events and include but do not limit to failure of internet service provider, server failure, technical errors, downtime, epidemic, pandemic, Covid-19 pandemic, Covid-19 vaccinations, civil unrest, fire, flood, droughts, storms, earthquakes, the collapse of buildings, explosion or accident, acts of terrorism, acts of war, governmental actions, any law or action taken by a Government or public authority, including without limitation imposing an export-import restriction, quota or prohibition, or any other event that is beyond our control.

 

Information and Personal Data Use

31. Personal Data, as defined by the Personal Data Protection Act 2012 (as amended from time and time) and for the time being in force shall by governed by the terms stipulated in our Privacy Policy https://givingfridays.com/privacy-policy/

 

Governing Law

32. These terms shall be governed by and construed in accordance with the laws applicable in the Republic of Singapore.

 

TERMS AND CONDITIONS APPLICABLE FOR DONORS

Use of Services

33. The Donor acknowledges and agrees that their use of this website or any part thereof and/or the carrying out of a scheduled donation will be subject to these Terms.

34. Personal data provided on this website shared by Donors shall be governed by and subject to the provisions stipulated under our Privacy Policy. A use of this website and/or carrying out a scheduled donation by the Donor shall imply that the Donor has read and understood these Terms and the contents of the Privacy Policy.

35. For the avoidance of doubt and the sake of clarity, it is understood that the Donor waives any and all their rights against us towards any claims arising out of or related to the scheduled donation, provided that we shall act in accordance with these Terms.

36. Donor shall also be provided access to a live dashboard.

37. By accessing and using any part of this website, Donor shall be deemed to have accepted to be legally bound by these Terms. If Donor does not agree to these Terms, they are requested to cease the use of our website with immediate effect. These Terms of Use may be changed from time to time, based on our sole discretion and all such changes shall be posted on this page. A use of this website by the Donor pursuant to such changes being posted will constitute Donor’s agreement to the modified and updated Terms of Use.

38. We shall reserve the right to terminate access to this website or delete or restrict the use of any user account, if the account owner is found in breach of any of these Terms.

39. Donors shall also be allowed to apply for tax deductions and attain the receipts of donations made by them. Provision of Tax deduction and receipts shall remain subject to submission of information such as name, email address, mobile number and NRIC. All such information shall also be shared with Recipients pursuant to our receipt of Donor’s consent in the form of applicable disclaimers and disclosures.

40. We reserve our right to reproduce, modify or display in whole or in part thereof, any information provided by the Donor to us on this website or on any other platform, app or website owned, operated or licensed by us, for purposes of promoting volunteerism and philanthropy, among other purposes. Further, we shall also maintain a leader board wherein we will list the abbreviated form of the names of our top Donors against the amount of donations that they make. Please note that the Donor’s name and identity shall be kept hidden.

 

Donations

41. All scheduled donations shall be governed by these Terms of Use and more particularly the following conditions;

• a. All completed donations made through this website are non-refundable, and only the scheduled donations in future can be cancelled.
• b. All donations will be made through the donation scheduler and the minimum sum to be donated is also reflected therein;
• c. We shall not be responsible for any misuse or non-use of the funds received by Recipients;
• d. Scheduled donation transactions and methods must be made using the means as described and provided by us; and
• e. Donations are to be made to a specified Recipient based on our listing and there shall be no replacements of scheduled donations between Recipients.

42. Upon each successful scheduling of donation, payment and completion, we shall inform the Donor and Recipient and notify them by way of an email. The email shall inform the Donor and Recipient that the donation is sent to Donor choice of Recipient via Payment Partner. Payment partner shall also send a notification to the Donor and Recipient informing them that the funds have been transferred to the Recipient via an email.

 

TERMS AND CONDITIONS APPLICABLE FOR RECIPIENTS

General Terms of Use

43. The Recipient acknowledges and agrees that its use of this website and/or the receiving of a scheduled donation from a Donor will be subject to these Terms.

44. Personal data provided on this website shared by Recipients shall be governed by and subject to the provisions stipulated under our Privacy Policy. A use of this website and/or carrying out a scheduled donation by the Donor shall imply that the Recipient has read and understood these Terms.

45. For the avoidance of doubt and sake of clarity, it is understood that the Recipient waives any and all of its rights against us towards any claims arising out of or related to the scheduled donation, provided that we shall act in accordance with these Terms.

46. By accessing and using any part of this website, Recipient shall be deemed to have accepted to be legally bound by these Terms. If the Recipient does not agree to these Terms, it is requested to cease the use of this website, with immediate effect. These Terms may be changed from time to time, based on our sole discretion and all such changes shall be posted on this page. A use of this website by the Recipient pursuant to such changes being posted will constitute Recipient’s agreement to the modified and updated Terms of Use.

47. We shall reserve the right to terminate access to this website or delete or restrict the use of any user account, if the account owner is found to be in breach of any of these Terms or any part thereof.

48. Currently these Terms shall only apply to organisations in their capacity as the Recipients and to all parties who propose, initiate, conduct, manage, act on behalf of Recipients and have an active account maintained with us.

49. We may, in our independent and absolute discretion, shall approve or reject a Recipient’s application for a user account. Recipients shall be required to furnish all relevant information during our payment gateway onboarding process in order to establish and activate all functionalities including but not limited to proper Recipient’s money moving permission, ownership, authority, bank account, access to dashboard and control of Pay-outs etc. among others. In order to receive funds, Recipients need to have an account with our Payment Gateway. Recipient holds complete autonomy on when it wishes to transfer funds from its payment gateway account to a bank account of its choice.

50. Recipient shall also be provided access to a live dashboard. Such live dashboard will also allow them to download Donor’s information in the CSV format, which once downloaded by the Recipient shall become their responsibility to manage and comply with requirements under the PDPA.

51. The Recipient further acknowledges and agrees that upon its use of our website and/or by during or after applying to be a Recipient therein, constitutes as a written agreement to engage us in order to schedule funds on the Recipient’s behalf via our platform. All approved Recipients may be listed on our website.

52. We may at any time we deem appropriate subject to a notice, remove existing Recipients on our website, on the following (non-exhaustive) grounds;

• a. If the Recipient is rejected by the Payment Gateway;
• b. If the Recipient is flagged by the local authorities for criminal conducts or for breach of law in any form;
• c. If the Recipient has submitted false application/registration; and
• d. If the Recipient Bank account is unproven/unsubstantiated.

53. The disbursal of the funds to the Recipient does not and shall not be construed to be an agency agreement, partnership or joint association or any other legal arrangement of similar nature. The Recipient and Us shall not be deemed to be an agent or a partner of the other. The Recipient expressly agrees and unequivocally undertakes that it shall not represent or bind us to third parties in any way. We shall only be acting as a platform to connect recipients with eligible donors, who wish to schedule donations based on the provisions stipulated in these Terms and therefore shall take no accountability towards any liability in any case whatsoever except for what is caused a direct consequence of our negligence, ignorance of any law for the time being in force or for doing or abstaining from doing or omission of any act that we are liable to do.

54. We reserve our right to reproduce, modify or display in whole or in part thereof, any information provided by the Recipient to us on this website or on any other platform, app or website owned, operated or licensed by us, for purposes of promoting volunteerism and philanthropy, among other purposes.

55. For the sake of ensuring that the funds reach the recipients who needs them the most and to secure the interests of all recipients registered with us, we shall reserve our right to list the recipients on our website based on the amount that the donors donate to them. Please note that this is only done to ensure that Donors have knowledge of the fund requirements of each recipient based on which they can lend support.

56. The Recipient shall :

• a. Hold no right to assign or transfer any of its rights under this agreement with us and shall remain fully liable for all its obligations;
• b. Provide protection to the personal data belonging to a Donor. Personal data for the purposes of these Terms of Use shall mean the same as is defined under the Personal Data Protection Act 2012, and shall provide protection of such Personal Data in accordance with the Act;
• c. Will not use this website for any commercial purpose, comply with all laws and regulations applicable, including but not limited to those relating to the subject matter of these terms and the personal data protection;
• d. Responsible for providing us true and updated information about itself;
• e. Be solely responsible for any and all use of the user account maintained with us under Recipient’s user name and/or password and not sell, transfer or allow any other party to use the said account;
• f. Keep all information relating to access to this website confidential. Such information shall include but not remain limited to user name/password/codes etc. The recipient shall immediately notify us, if unauthorized use of password and/or account is suspected or comes within its knowledge;
• g. Will ensure that all equipment used to access this website are well maintained and free from computer viruses and programs of any kind which may cause harm or damage, including but not limited to use of updated anti-virus programs to prevent such equipment from acquiring and transmitting such viruses or programs; and
• h. Will be responsible for creating and maintaining a bank account to receive online donations and make timely payments to us.

 

Fees for Donors & Recipients

57. By using our website, the User acknowledges and agrees that we have engaged PayPal Pte. Ltd. as one of our Payment Gateway service provider or Payment Partner. In the future we reserve our right to choose a payment partner of our choice and as we deem fit, while keeping in mind the best interests of Users.

58. All Donors shall be liable to pay a Platform Fee, payable towards the usage of our website, dashboard and the donation scheduler/forecast. Please note that the Platform Fee is payable upfront, and will only be used towards the maintenance of the GivingFridays platform. This fee is also used to conduct operations and payment of other expenses such as salaries, payment to vendors, training, testing of hardware and software etc. among other things (“maintenance”). Donors are recommended to visit the following link (https://givingfridays.com/faqs/) for our platform fee structure.

59. All Recipients shall be liable to pay a Payment Gateway Fee which is exclusively charged by our Payment Partners. This payment gateway fee is deducted from the scheduled donation. Please note that the Payment Gateway Fee is independent of our services and is payable only to the Payment Partner by the Recipient. We shall not remain entitled to the said fee or any part thereof. This fee shall be deducted upfront by our Payment Partners to process credit/debit cards transaction, pay-outs and monthly active platform fees (if any). Recipients are advised to refer to the respective websites of Payment Partners engaged with us.

60. Platform fee shall be held applicable when Donor chooses to turn on the “cover the fee” option. Upon choosing this option the Donor covers the cost of the platform fee which is then added to the original scheduled amount. Upon doing so, 100% of the original scheduled funds are transferred directly to the recipient. Platform fee is calculated on the total amount paid. If the Donor doesn’t choose the “cover the fee” option, the platform fee is deducted from the scheduled amount and the balance of the funds is directly transferred to the Recipient. In which case, the Recipient shall receive the amount after deducting the applicable platform fee.

61. Payment Partners shall remain independent to increase their respective payment gateway fee taking into several factors, commercial or otherwise and as they may deem fit. They may or may not inform the change in their pricing to the Recipients and any communication between the Recipient and Payment Partner shall be on an independent basis. We reserve our right to cancel a scheduled transaction and reschedule it to adjust the increased payment gateway fee without being subjected to liabilities or payment of penalties. We also reserve our right to cancel/revoke or reject any transaction upon finding out later, any discrepancy related to the payment gateway fee.

62. We shall not accept any liability caused by the commission or omission of any act by the Payment Gateway. Any or all claims against the Payment Gateway shall be separately brought against such Payment Gateway and we shall not be a party to such claims.

 

Contact Us

63. If you have any queries, suggestions or enquiries relating to the provisions stipulated above you may please address them at support@givingfridays.com

 

*As on the date of these terms, GivingFridays is only providing its services for domestic donation transactions (within the territory of Singapore). In future we intend to increase the scope of our services to international/cross border transactions it shall remain subjected to a different platform and payment gateway fee.