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Your privacy is important to us. DigiGiv does not sell or disclose your personal information to third parties for marketing purposes, ever! This policy provides transparency around the collection and use of your personal information.
While using our Software, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, email address, postal address and phone number ("Personal Information").
Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages, device being used, and other statistics.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive. Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Software.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
DigiGiv has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services.
We share information, including personal information, with our third-party service providers that we use to provide hosting, maintenance of our websites, software development, backup, storage, payment processing, analytics and other services for us. These third-party service providers may have access to or process your personal information for the purpose of providing these services for us. We do not permit our third-party service providers to use the personal information that we share with them for their marketing purposes or for any other purpose than in connection with the services they provide to us.
In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may disclose personal information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We may also share such information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Service Agreement, or as otherwise required by law.
Request access to, or restriction from, personal data by contacting the organization (DigiGiv customer) to which it was originally disclosed.
DigiGiv commits to resolve complaints about our collection or use of your personal information. Inquiries or complaints regarding the processing of personal data should first be directed to DigiGiv at: [email protected].
These Terms were updated on 31 January 2019. By continuing to use the DigiGiv Software, you agree to these additional Terms, and the Terms generally.
DigiGiv reserves the right to amend or update these Terms at any time with or without notice to Users, and may also add new features or functionality to, or change or remove existing features or functionality from, the Software that will be subject to the Terms. Any User who continues to use the Software after any changes are made will be taken to have agreed to those changes.
In these Terms, any User wishing to use the Software in order to be able to receive payments for goods and/or services from other Users are described as "Merchants". For the avoidance of doubt, "Users" refers to both Merchants using the Software to receive payments, and to all other Users using the Software to make payments.
Upon signing up for the Software and providing the information required pursuant to clauses 5 and 6 below, Users will be able to pay Merchants, and Merchants will be able to receive payment from Users, for certain goods and/or services being sold by Merchants.
DigiGiv hereby grants to each User a personal, limited, worldwide, non-exclusive, revocable, non-transferable and non-assignable licence to download, install and use the Software on each User's own iPhone/iPad or Android device(s) strictly in accordance with these Terms.
DigiGiv may release new versions of the Software from time to time, and will update all Users and Merchants to the latest version. The Software may only be used in accordance with these Terms, and Users and Merchants must not (and must not attempt to) copy, reproduce, modify, adapt, reverse-engineer or decompile the Software in any way.
In order to be able to make payments for goods and services via the Software, Users will need to provide certain information about themselves (as prompted by the Software) ("User Account Information"). All Users agree to provide true, accurate and current User Account Information. Users grant a non-exclusive, worldwide, royalty-free licence to DigiGiv to use such User Account Information solely for the purposes of supplying the services provided by the Software, including disclosing such User Account Information to third parties as necessary (for example, disclosing limited User Account Information to merchants at the time of a purchase, or verifying a User's account information with their credit card company).
Merchants will need to provide certain information about themselves (as prompted by the application through WorldPay) ("Merchant Account Information"). All Merchants agree to provide true, accurate and current Merchant Account Information. Merchants grant a non-exclusive, worldwide, royalty-free licence to DigiGiv to use such Merchant Account Information solely for the purposes of supplying the services provided by the Software, including disclosing such Merchant Account Information to third parties as necessary.
Users are entitled to cancel their account with DigiGiv at any time by reaching out to a DigiGiv Representative. The User will need to provide a document with the date of the request as well as their DigiGiv Customer Number.
Merchants are entitled to cancel their account at any time by giving 30 days notice in writing to DigiGiv with the date of request and DigiGiv Customer Number.
DigiGiv may cancel a User's account at any time. DigiGiv may, in its discretion, choose to withdraw or discontinue the provision, operation and/or support of the Software at any time, and shall have no liability to any Users if it chooses to do so.
All cancellations will result in the deactivation or deletion of the User's or Merchant's account.
Merchants agree to pay any fee’s in order to use the Software ("Fees"). The Fees charged by DigiGiv are agreed to by the merchant upon signing up for the Software. Fees are subject at all times to change by DigiGiv giving 30 days notice, which will be emailed to the merchant.
All Fees are exclusive of all taxes and the Merchant indemnifies DigiGiv against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and or interest.
DigiGiv takes all reasonable steps to ensure that the Software will function as intended once it is opted in by Users. However, DigiGiv shall not be liable if at any time the Software malfunctions and/or causes any loss or damage to Users, or for any other loss or damage suffered as a result of any partial or total breakdown of, or inability to use, the Software. DigiGiv will try to promptly address (during normal business hours) all technical issues that arise in relation to the Software.
Each User will be responsible and liable for all transactions effected through their use of the Software. DigiGiv will not be held accountable if a User suffers any loss or damage as a result of the use of the Software.
The Software and all content, functionality and features within it (the "Materials") are provided "as is" and without warranties or representations of any kind either expressed or implied. To the greatest extent permitted by law, DigiGiv disclaims and excludes all warranties, terms and representations that may otherwise be implied, including any warranties as to compatibility, satisfactory quality, and fitness for a particular purpose, or that content, information or functionality of the Software is accurate, error-free or uninterrupted, and/or does not infringe the rights of any third party.
Save in respect of any liability for personal injury or death caused by our negligence, DigiGiv shall not be liable for any damages, loss or injury arising in connection with these Terms and/or use of, or the inability to use, the Software or any function or services provided by the Software, howsoever caused and whether arising in contract, tort (including negligence) or otherwise.
While DigiGiv uses reasonable efforts to ensure that the Software is free from viruses and other malicious content, neither DigiGiv nor any other party involved in producing or delivering the Software assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, Users' computers or mobile devices or other property on account of access to or use of the Software.
Each User indemnifies, and will keep indemnified, DigiGiv against all forms of liability, actions, proceedings, demands, costs, charges and expenses which DigiGiv may incur or be subject to or suffer as a result of the User use of the Software and the services and functionality provided by it.
In the Software, DigiGiv (or its affiliates) makes available to Merchants a feature called Giving Statements. A Giving Statement is a financial summary that captures the payments and contributions made by Users to Merchants on an annual basis based entirely on the information provided by Merchants to DigiGiv (or its affiliates).
Merchants are responsible for providing true, accurate and complete information to DigiGiv (or its affiliates) in a timely manner to allow the Giving Statements to be issued. DigiGiv (and its affiliates) do not verify this information and accept no responsibility for its accuracy or completeness, including in the form that this information may appear in any Giving Statement. Giving Statements do not constitute tax advice. Merchants and other Users should carefully review information on payments and contributions contained on a Giving Statement to ensure that it is accurate and complete, and should consult their respective tax advisers concerning the tax deductibility of amounts reflected on the Giving Statements.
Without limiting any other rights available under these Terms or generally at law, by using the Giving Statements feature a Merchant agrees to indemnify and hold harmless DigiGiv and its affiliates (including for the avoidance of doubt, DigiGiv Holdings Limited), and each of their respective directors, agents, employees, and suppliers from and against any claim, demand, losses, damages or expenses (including reasonable attorneyâs fees) that arise from or relate to the use of the Giving Statements feature. This indemnification obligation will survive the termination of these Terms and use of the Software.
No User may use the Software for any illegal or unauthorised purpose, or for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other User.
All Users agree that DigiGiv owns all of the intellectual property rights existing in the Software and that nothing in these Terms shall operate to transfer or assign any such rights to any User.
No User or Merchant may publish or use DigiGiv's brand, branding or logos except with DigiGiv's prior written consent. Users must not remove or alter any copyright or other proprietary notices contained within the Software.
A Special Promotion is defined as a product or service that is delivered to the User in addition to the standard product/service offerings of DigiGiv.
In the event wherein a promotional product or service has been received by the User, the User is required to utilize the DigiGiv services for a minimum period of twelve months. If the User ceases to use the DigiGiv App before the end of the twelve month term, the User will be required to either:
Return the product in good condition to DigiGiv, if practical, OR pay an early termination fee in the amount specified by DigiGiv multiplied by the remaining months of the 12 month term.
DigiGiv takes reasonable measures to keep User Account Information and Merchant Account Information secure against unauthorised use or access. However, Users shall be responsible for maintaining the security of their DigiGiv account by keeping their User Account Information or Merchant Account Information (as the case may be), Customer Number and log-in details confidential and secure, and not sharing any such information with any third party. Users must select their Passwords carefully.
DigiGiv shall not be liable for any loss, cost or damage suffered as a result of any unauthorised use of the Software by any third party caused by Users failure to comply with these provisions. Users must notify DigiGiv immediately if they suspect or become aware of any unauthorised or fraudulent use of their account.
If a User does not comply with any aspect of these Terms, DigiGiv may (without prejudice to any other rights or remedies available to it) cancel or suspend that User's account, disable the ability of that User to use the Software, and/or terminate these Terms (including the licence granted within it). DigiGiv shall not be liable for any loss or damage suffered by Users as a result of DigiGiv exercising its rights under this clause.