Terms & Conditions

Effective Date: May 12 2014

WELCOME TO GIVESMART.COM. THE WEBSITE (THE “WEBSITE”) AND OUR CUSTOMIZED MOBILE WEBSITES FOR EVENTS (THE “MICROSITES”) ARE CONFIDENTIAL TO AND THE PROPERTY OF GIVESMART UK LIMITED AND ARE OPERATED BY ITS AFFILIATE GIVESMART US, INC. (“GIVESMART” OR “COMPANY”). ALL ACCESS TO AND USE OF THE WEBSITE AND THE MICROSITES AND THE FEATURES AT THE WEBSITE AND MICROSITES ARE GOVERNED BY THESE TERMS OF USE (“TERMS”). THESE TERMS APPLY TO ALL INDIVIDUALS WHO USE, VISIT OR BROWSE THE WEBSITE OR MICROSITES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE WEBSITE OR MICROSITES. BY ACCESSING OR USING THE WEBSITE OR THE MICROSITES, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS.

 

Access To Website And Microsites

Access to the Website and the Microsites is limited to viewing the linked pages solely to inform you about GiveSmart and to facilitate your participation in auctions operated by third parties (“Auction Sponsors”) using the GiveSmart bid validation services (“GiveSmart Services”). Any access or attempt to access other areas of any GiveSmart computer system or other information contained on the system for any purposes is strictly prohibited.

 

Intellectual Property Rights

The mark GIVESMART and related trademarks, service marks and logos (collectively, the “GiveSmart Trademarks“) are owned by GiveSmart UK Limited and may be registered in the United States and other countries.

All of the materials contained on the Website and Microsites are copyrighted, except where explicitly noted otherwise. GiveSmart neither warrants nor represents that use of materials displayed on the Website or the Microsites by You will not infringe rights of third parties not owned by or affiliated with GiveSmart. Use of any materials on the Website or Microsites is at Your own risk.

You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the GiveSmart Trademarks or the Website or Microsites contents, without the express permission of GiveSmart in each instance. The use of GiveSmart Trademarks or GiveSmart copyrighted materials on any other website is strictly prohibited. GiveSmart will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

 

Use of the Website and the Microsites

The following requirements apply to Your use of the Website and Microsites: (a) You will not use any electronic communication feature of the Website or Microsites for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) You will not collect or store personal data about other users; (d) You will not use the Website or Microsites for any commercial transactions that are unrelated to the purposes for which the Website or Microsites were provided; (e) You will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

GiveSmart does not accept ideas, concepts, or techniques for new services or products through the Website or Microsites (“Comments“). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) GiveSmart and its affiliates are under no obligation to keep such information confidential, and (c) GiveSmart will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.

 

Revocation of Access

GiveSmart may, in its sole discretion, and at any time, discontinue the Website or Microsites or any part thereof, with or without notice, or may prevent Your use of thie Website or Microsites with or without notice to You. You agree that GiveSmart, in its sole discretion, may terminate or suspend Your use of the Website or Microsites at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Further, You agree that GiveSmart shall not be liable to You or any third party for any termination or suspension of Your access to the Website or Microsites.

In the event that You use, or are suspected of using, the Website or Microsites in a manner inconsistent with any federal or state laws, statutes or ordinances, in addition to discontinuance of such Your permission to use the Website or Microsites, GiveSmart shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

 

Indemnification

You agree to indemnify and hold GiveSmart, its parents, subsidiaries, officers, employees, and Website and Microsites contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to Your violation of these Terms.

 

Disclaimer of Warranties

GiveSmart assumes no liability or responsibility for any errors or omissions in the content of the Website or Microsites, any failures, delays or interruptions in the delivery of any content contained on the Microsite, or any losses or damages arising from the use of the content provided by the Website or Microsites or from any viruses or other malicious code that may be transmitted through such use. GiveSmart is not responsible for any third party products or services offered on the Website or Microsites, if any.

TO THE FULLEST EXTENT ALLOWABLE BY LAW, GIVESMART SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE AND MICROSITEs, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, ACCURACY OR ANY OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Limitation of Liability

IN NO EVENT SHALL GIVESMART OR ANY OF ITS RELATED COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE WEBSITE OR MICROSITES. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply.

 

Links

GiveSmart has not reviewed all of the sites linked to the Website or Microsites and is not responsible for the content or privacy policies of any third party sites. Any links to third party sites are provided solely for Your convenience. GiveSmart does not endorse or otherwise recommend any third party sites or the products or services offered. Viewing all other sites is at Your own risk. Links to the Website or Microsites are or could be operated by third parties other than GiveSmart. You acknowledge that certain information regarding it may be transmitted to said third parties and authorizes said third parties to use such information in the manner reasonably necessary to provide services to GiveSmart or for GiveSmart business purposes. You acknowledge that the transmittal of information does not necessarily occur over secured lines and that certain sites linked to the Website or Microsites may not be secure.

 

Privacy Notice and Participant Data

By accessing the Website or Microsites, You agree that You have reviewed and agreed to the GiveSmart Notice of Privacy Practices, which is incorporated by reference in its entirety in these Terms.

You consent to GiveSmart storing, managing, processing and using all data You enter into the Microsite (“Participant Data”) as reasonably required to provide the GiveSmart Services. You consent to GiveSmart providing each Auction Sponsor the Participant Data. You further consent to each Auction Sponsor using the Participant Data in its programs and activities, provided Auction Sponsor may not to sell, trade, or share Participant Data with any third party, or send mailings on behalf of other organizations using the Participant Data, unless You have given Auction Sponsor specific permission to do so. As part of your consent to an Auction Sponsor using the Participant Data in its programs and activities, You consent to Auction Sponsor entering the Participant Data into its databases so it can contact you to obtain your input, provide information about its programs and events, or request contributions and Auction Sponsor may also share the Participant Data with vendors and service providers that assist Auction Sponsor with Auction Sponsor’s activities and programs, such as by fulfilling orders, managing data and processing donations.

 

Consent to Receive Text Messages

By supplying your mobile device number to the Website or any of the Microsites, you agree to receive text messages about the event for which you are registering, as well as information regarding the auction and the status of your bids from GiveSmart. Agreement to receive this information is not required to register for an event or place a bid at an auction.

Auction Terms and Conditions

  1. All auctions are open only to people aged 18 or over, who unconditionally agree to be bound by the jurisdiction of the US courts.
  1. By registering to an auction you agree to be bound by the event terms and conditions. Personal information will be treated in accordance with the GiveSmart Notice of Privacy Practices, which is incorporated by reference in its entirety in these Terms.
  1. All bids are final and binding. If a bid is received in error then the promoter CAN remove the bid, BEFORE THE CLOSURE OF THE AUCTION, for you at their discretion.
  1. Bids must be in US Dollars; and be received by the promoter by the time indicated at the event by the promoter. All winning bids must be above the reserve price for the item or at the discretion of the promoter.
  1. Successful bidders will be notified within seven days of the closing date of the auction.
  1. Late, incomplete, unreceived bids, and bids below the reserve for the lot being bid for, will not be accepted.
  1. The successful bid for any one lot being bid for will be the highest bid received by the closing date. In the event that two or more bids equal the highest bid, the lot shall be awarded to the bid received first.
  1. Successful bidders must remit their payment for the relevant lot directly to the promoter.
  1. In the event of the promoter being unable to contact a winning bidder within seven days of the closing of the auction, or of the payment not being received within 21 days of a winning bidder being notified, the promoter reserves the right to award the lot to the next highest bidder. Should there be two or more bids equaling the next highest bid, the lot shall be awarded in accordance with condition 7, above. The promoter reserves the right to carry on awarding the lot to the next highest bidder until the reserve is reached.
  2. If, for any reason, the promoter is unable to award a lot, the promoter reserves the right to withdraw the lot from the auction.
  3. The lots as described are available on the date of publication and are subject to availability.
  4. Lots are not transferable and there are no cash alternatives. It is the responsibility of the successful bidder to make sure they have a valid passport and travel insurance and to obtain any necessary vaccinations and visas for their trip.
  5. All lot descriptions are provided by the promoter and as such GiveSmart take no responsibility whatsoever for the accuracy of descriptions. It is the responsibility of the bidder to check with the promoter any details or descriptions of any lot.
  6. The promoter reserves the right to change, alter or remove any description or lot from the auction at any time.
  7. Events may occur that render an auction itself impossible due to reasons beyond the promoter’s control. Accordingly, the promoter may, at its absolute discretion, vary or amend the auction and the entrant agrees that no liability shall attach to the promoter as a result thereof.
  8. The promoter will run the auction in a fair and consistent manner, however – for the avoidance of doubt, the promoter’s decision is final and for any bid to be counted must be received by the promoter before the close of the auction. It is the responsibility of the bidder to ensure their bid is received.

 

Modification

GiveSmart may modify these Terms at any time, with or without notice. Your continued use of the Website or Microsites constitutes Your acceptance of any changes to the Terms. You are responsible for remaining knowledgeable as to any changes that GiveSmart may make to the Terms. The most current version of the Terms will be available on the Website and Microsites and will supersede all previous versions.

 

Miscellaneous

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Georgia, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Georgia. Any disputes arising out of these Terms will be resolved exclusively in the state or federal courts located in Atlanta, Georgia and each party consents to such exclusive jurisdiction and agrees not to challenge such venue.

Any attempt by You to undermine the legitimate operation of the Website or Microsites may be a violation of criminal and civil law, and, should such an attempt be made, GiveSmart reserves the right to seek damages from You to the fullest extent permitted by law. GiveSmart’s failure to enforce any of these terms and conditions shall not constitute a waiver of that, or any other, provision.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.

These Terms constitute the entire agreement between You and GiveSmart regarding the use of the Website or the Microsites. By using the Website or the Microsites, You represent that You are capable of entering into a binding agreement, and that You agree to be bound by these Terms.

 

 

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