Terms & Conditions – Charities

Terms and Conditions – Charities

By applying to be (and continuing to be) a member of the Give T&T platform, each charity and similar organisation is agreeing to these Terms and Conditions. If the Charity does not wish to be bound by these Terms and Conditions, the Charity should not continue to use or access any of the Give T&T Services (as defined below).

Give T&T operates various online tools and services including a website at www.give.co.tt which allows Charities to create fundraising pages and for users to donate to those pages (together, the “Give T&T services”). The Terms and Conditions govern the Charity’s use of the Give T&T Services.

Give T&T may change or update these Terms and Conditions from time to time. The current version of the Terms and Conditions will be available on www.give.co.tt. It is the Charity’s responsibility to access and check these Terms and Conditions whenever the Charity accesses or uses the Give T&T Services. The latest version of these Terms and Conditions will govern any future usage by the Charity of the Give T&T Services.

1. Term & Membership

1.1 For the purposes of these Terms and Conditions, “Commencement Date” shall mean the date from which the Charity is notified that the Charity has been successfully registered to use the Give T&T Services (which shall be at Give T&T ’s sole discretion). Give T&T shall provide the Give T&T Services to the Charity and the Charity shall comply with these Terms and Conditions until the membership is validly terminated.

1.2 Membership is for a minimum period of one (1) month from the Commencement Date and thereafter from month to month until terminated by written notice by either party to the other, in accordance with Section 10.1 below. Please see Section 10 of these Terms and Conditions for further termination provisions.

2. Give T&T ’s Obligations

Donations and Charity Account

2.1 Give T&T will maintain a bank Account at Republic Bank Limited in Port of Spain, Trinidad & Tobago. This is a bank account in which monies donated by donors are held for the various Charities.

2.2 Give T&T will operate the Give T&T Services so that donors can make online donations by credit card through a Fundraising Page set up for the Charity or on the Charity’s area on the Give T&T website. For all Charities, use of the Give T&T Services is on an “as is” and “as available” basis. Whilst Give T&T cannot promise trouble‑free use, experience suggests that the Give T&T Services are reliable.

2.3 Give T&T will set up arrangements to ensure that all donations received by Give T&T after necessary deductions (as described here) are paid out by automated bank transfer from Give T&T’s bank account to the Charity’s validated bank account. These payments will be made monthly in TT dollars.

Support and Donation Acknowledgements

2.4 Give T&T will send prompt e‑mail acknowledgements to donors in respect of each donation made to the Charity via the Give T&T Services.

2.5 Give T&T will respond to fundraisers’ and donors’ account enquiries that it receives.

Records and Audit Requirements

2.6 Give T&T will keep proper records of all donations and income received and expenses incurred for such period as may from time to time be required by the applicable local governmental revenue body, and maintain records which relate to the Charity and the performance of the obligations hereunder (to which the Charity may, subject to the Global Privacy Laws, have access and take photocopies of at its own expense on request and at reasonable times).

Intermediary

2.7 Give T&T, acts as an intermediary between the Charity and the individual users of the Give T&T Services. Whilst the Charity and the individual user information resides on the Give T&T Services, Give T&T does not check or exercise any editorial control over the content of such information, save as required by applicable local laws. In the event that Give T&T is made aware of or has knowledge of any unlawful activity or information on the Give T&T Services, Give T&T shall promptly act to remove or disable access to the information. Give T&T shall not be liable to the Charity as a result of its role as intermediary and is not required to notify the Charity of any such removal or disablement of access to information.

3. Charity’s Obligations – General

3.1 The Charity will ensure that all content (including text and images) supplied by it to Give T&T for display on the Give T&T Services will not violate any law or regulation or be defamatory, misleading, obscene or breach any intellectual property rights of a third party or breach any right of or duty owed to a third party.

3.2 The Charity will provide written confirmation to Give T&T of any donations (including any Gift Aid reclaimed on the same) that it permits Give T&T to reimburse to the donor. Give T&T will not permit refunds without prior written consent from the Charity, unless required by applicable local laws.

3.3 Subject to local applicable laws, the Charity will permit Give T&T to deduct such refunds, and any chargebacks arising, from subsequent donations payable to the Charity. Should no donations arise within one (1) week of the refund or chargeback Give T&T reserves the right to invoice the Charity for the refunds and chargebacks, and the Charity agrees to settle that invoice within one (1) month of the invoice date.

3.4 The Charity will maintain the necessary authority, permit, licence, consent, approval and registration for it to fundraise (and, where applicable, for Give T&T to fundraise on its behalf) in accordance with applicable local laws and if Give T&T needs any such authority, permit, licence, consent, approval or registration for it to fundraise on behalf of the Charity then the Charity will, at no cost to Give T&T , provide all such assistance as Give T&T reasonably requires to assist Give T&T with the same.

3.5 The Charity will inform Give T&T immediately if, for any reason, it:

3.5.1 ceases to carry on operating for charitable purposes;

3.5.2 is found to be engaged in any corrupt or immoral practices;

3.5.3 is subject to any investigation or inquiry which could result in the necessary authority, permit, licence, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws being suspended, revoked or withdrawn; or

3.5.4 ceases to have the necessary authority, permit, licence, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws.

3.6 The Charity will promptly provide any information reasonably requested by Give T&T in order for Give T&T to be able to provide the Give T&T Services to the Charity effectively.

3.7 The Charity will ensure that, in each case where a donor is advised that his/her donation will be used for a specific purpose, appeal or outcome (including but not limited to all Give T&T Campaign pages), the donation is used only for that specific purpose, appeal or outcome.

3.8 The Charity will comply with all applicable laws and regulations in its use of the Give T&T Services.

3.9 The Charity represents, warrants and undertakes to Give T&T that any documents provided to Give T&T as part of the Charity’s application for registration or maintenance of such registration) have been or shall be executed by a sufficient number of its duly authorised representatives.

4. Fees

In consideration of using the Give T&T Services, the Charity shall agree that 10% of each donation will be paid to Give T&T. Details are included here

5. LIABILITY

5.1 The Charity agrees that the Give T&T services are provided on an “as is” and “as available” basis and that its use of the Give T&T services is at the Charity’s sole risk. Give T&T does not guarantee continuous, uninterrupted, error or virus free or secure access to our Services and operation of the Give T&T services may be interfered with by numerous factors outside of Give T&T control. On that basis, except as expressly set out in these Terms and Conditions, Give T&T does not enter into conditions, warranties or other terms in relation to the Give T&T services, and they are excluded to the fullest extent permissible by law.

5.2 Subject to Section 5.1, in no event shall Give T&T be liable (whether for breach of contract, negligence or for any other reason) for any loss or damage which the Charity may claim to have suffered by reason of its (or any donor, fundraiser or other user) accessing and use of (or inability to access and use) the Give T&T services OR ANY PART OF THEM, including (but not limited to) loss of profits, exemplary or special damages, loss of sales, LOSS OF DONATIONS, LOSS OF GIFT AID, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, incidental consequential or special loss, however arising.

5.3 Give T&T may change the format and content of the Give T&T services from time to time. IN PARTICULAR, The Charity should refresh its browser each time it visits the Website to ensure that the Charity downloads the most up to date version of the Website, including the latest version of these Terms and Conditions.

6. Termination

6.1 In accordance with Section 1 above, notice of cancellation should be received no later than the 5th day of the final month that a Charity wishes to remain as a member Charity (or the preceding Friday where the 5th day falls on a weekend or national holiday) and all notices from a Charity must include the Charity’s full name and registered charity number. Such notice shall be deemed to have been received within five (5) business days if posted (att: finance department) and within twenty‑four (24) hours if emailed (support@give.co.tt).

6.2 In addition to the rights of each party under Sections 1 and 6.1 above, each party will have the right to terminate the use (and provision) of the Give T&T Services with immediate effect by notice in writing when, and at any time after, the other party commits an act of default (as defined below) or commits any act or threatens to do any act the direct result of which is to damage or is likely to damage the reputation of the other party. An act of default by either party shall occur if:

6.2.1 the party is wound up or a liquidator or examiner is appointed;

6.2.2 an administration order is made in relation to the party or a receiver or an administrative receiver is appointed over or an encumbrancer takes possession of or sells all of the party’s assets;

6.2.3 the party makes an arrangement or composition with its creditors generally;

6.2.4 the party ceases or threatens to cease to carry on its business;

6.2.5 any event analogous to the events listed in Sections 6.2.1 – 6.2.4 (inclusive) occurs in any territory in relation to the party or any step towards any such event or analogous event is taken by any person and not promptly dismissed or reversed.

6.3 In addition to its rights under Sections 1, 6.1 and 6.2 above, in the event that the Charity materially breaches any of these Terms and Conditions, Give T&T may, at its sole discretion, without notice and with no liability to the Charity do one or both of the following:

6.3.1 suspend or terminate the Charity’s access to the Give T&T Services;

6.3.2 suspend any payments due to the Charity under Section 2.3.

6.4 To the maximum extent permitted by applicable law Give T&T , in any event, reserves the right to withdraw the Give T&T Services (or any part of them) from public access at any time, at its complete discretion.

7. Suspension of Give T&T Services

Give T&T may, in its sole discretion, without liability to the Charity, suspend the operation of any of the Give T&T Services in full or in part at any time, for example but without limitation for repair or maintenance work or in order to update or upgrade the contents or functionality of the Give T&T Services from time to time.

8. Notices and Entire Agreement

8.1 Notices referred to above should be made in writing and sent by registered post to the addresses given in the applicable country specific terms or, in the case of notices to be sent by or to Give T&T, by email to support@give.co.tt

8.2 These Terms and Conditions represent the entire agreement between Give T&T and the Charity and supersede and replace any other representations made orally or in writing.

9. Complaints handling process and dispute resolution

Complaint handling procedure

9.1 Give T&T will promptly respond to any complaints from fundraisers or donors concerning the Give T&T Services.

9.2 Give T&T will maintain records relating to complaints it receives.

Dispute resolution

9.3 If a dispute arises under these Terms and Conditions or concerning its subject matter, either party may at any time give written notice to the other requesting that a meeting take place to seek to resolve the dispute. The nominated senior representatives of both parties must meet within five business days of the notice and try to resolve the dispute in good faith. If such a meeting does not take place or if five business days after the meeting the dispute remains unresolved, either party may pursue its rights at law.

9.4 Despite the existence of a dispute, each party must continue to perform its obligations under these Terms and Conditions.

10. Governing Law

These Terms and Conditions and any contractual or non-contractual claim arising out of or in connection with a Charity’s use of the Give T&T Services are governed by the law, and subject to the jurisdiction of the courts, of the Republic of Trinidad and Tobago.