Gively Terms of Use

Introduction

Welcome to Gively. By accessing www.Gively.co and its related websites, services, applications or tools (Collectively referred to as "Gively") you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that Gively works for everyone. Gively is provided to you by Green Foundry Limited, Plaza Building 102 Lee High Road, Lewisham, London, England, SE13 5PT, UK, registered in England and Wales with number 12137948. These Terms of Use constitute a legally binding agreement between you and Green Foundry Limited (of which Gively is a trading name) and are effective as of 1 January 2020 for current users, and upon acceptance for new users. You accept these Terms of Use by clicking the "Create Account" button when registering a Gively account and by otherwise accessing Gively, including posting a product; adding or editing your account profile; or as otherwise indicated on Gively. 

Using Gively

As a condition of your use of Gively you agree that you will not:

 

  • violate any laws;

  • violate these terms or the data protection policy; 

  • post any threatening, abusive, defamatory, obscene or indecent material;

  • post or otherwise communicate any false or misleading material or message of any kind;

  • infringe any third-party right;

  • distribute spam, chain letters, or promote pyramid schemes;

  • distribute viruses or any other technologies that may harm Gively or the interests or property of Gively users;

  • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Gively;

  • copy, modify, or distribute any other person's content without their consent;

  • use any robot spider, scraper or other automated means to access Gively and collect content for any purpose without our express written permission;

  • harvest or otherwise collect information about others, including email addresses, without their consent;

  • copy, modify or distribute rights or content from Gively or Gively's copyrights and trademarks;

  • harvest or otherwise collect information about users, including email addresses, without their consent;

  • bypass measures used to prevent or restrict access to Gively;

  • use any tool that interferes with the normal functioning of Gively, including, without limitation, browser plug-ins extensions, or other software which are designed to supplement, remove or otherwise change any of Gively’s functionalities; or 

  • post any stolen items or infringe the copyright, trademark or other rights of third parties.

You are solely responsible for all information that you submit to Gively and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of Gively either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on Gively, we may, at our discretion, inform other Gively users that have been in contact with you and recommend that they exercise caution. 


 

Abusing Gively

Gively and the Gively community work together to keep Gively working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system. 

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Gively if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Gively employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Gively or not, we do not have any obligation to monitor the information transmitted or stored on Gively and we do not accept any liability for unauthorised or unlawful content on Gively or use of Gively by users. 

Fees and Services

Using Gively is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your product. Our fees are quoted in Pounds Sterling, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on Gively. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. 

You are responsible for paying the Gively fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. 

You acknowledge that your products may be deleted from Gively in case we believe these Terms of Use, are breached, either directly or indirectly. In case you would have paid a fee for the display of such product, you may be entitled to a refund of such fee. However, we reserve the right not to refund Gively users for any fees paid through use of Gively in the following cases: 

  • If you breach, in our opinion, these Terms of Use, which include, without limitation, the Policies;

  • If your product posts went live with exposure on the Gively sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee; 

  • Please note that the above list is not exhaustive. 

Content

Gively contains content from us, you, and other users. Gively is protected by copyright laws and international treaties. Content displayed on or via Gively is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Gively without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Gively. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Gively (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party Platforms and media channels. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. 

Gively may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Gively product posting while your product is on Gively. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your product posts).This permission is subject to modification or revocation at any time at Gively's sole discretion. 

You may not have the opportunity to review all of the supplemental data before posting a product. Gively is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your product posts are accurate, do not include misleading information and fully comply with these Terms of Use and all Gively policies. If you notice inaccuracies in this data after your product post appears on the site please get in touch with us. 

Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design or posting stolen items. A large number of products of all sorts are offered on Gively by private individuals. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any product post which may infringe on their rights, and submit a request for such product post to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Gively. 

Reporting an infringement:

If you notice an infringement of intellectual property rights on the site, you can email Gively at https://www.gively.co/talk-to-us. 

Safety and interactions between Users

Though Gively strives to encourage a respectful user experience including through advising users not to post their actual home address but to use an a public location nearby until a meeting is arranged, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Gively Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT GIVELY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. GIVELY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS AND DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY LIABILITY FOR THE ACTIONS OF USERS.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do. 

We do not review users' postings and are not involved in the actual transactions between users. As most of the content on Gively comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered. 

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law. 

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools. 

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Gively, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to 100 Pounds Sterling. 

Release

If you have a dispute with one or more Gively users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes. 

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act. 

Data Protection and Privacy

By using Gively, you agree to the collection, transfer, storage and use of your personal information by Gively on servers located in the EU as further described in our Privacy Policy. 

You and Gively shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will Gively and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law. 

You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from Gively exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).

 

Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension. 

Resolution of disputes

If a dispute arises between you and Gively, we strongly encourage you to first contact us directly to seek a resolution by going to https://www.gively.co/talk-to-us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. 

General

These terms and the other policies posted on Gively constitute the entire agreement between Gively and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against Green Foundry Limited must be resolved by the courts of England and Wales. You and Gively both agree to submit to the non-exclusive jurisdiction of the English Courts. 

If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. 

Your notices to us must be sent by email to https://www.gively.co/talk-to-us. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. 

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the Gively website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. 

For any help with using Gively please see https://www.gively.co/help. 

Mobile Devices Terms

If you're accessing Gively Services from a mobile device using a Gively Mobile Application (the "Application"), the following terms and conditions ("Terms of Use") apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use. 

Application Use. Gively grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.Gively.co website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application. 

Intellectual Property - Applications. Gively owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Gively's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Gively Application. 

Prohibited Countries Policy and Foreign Trade Regulation - Applications. Gively Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using an Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and you are not listed on any US Government list of prohibited or restricted parties). 

Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on: 

iOS - Apple

  1. These Terms of Use are an agreement between you and Gively, and not with Apple. Apple is not responsible for the Application and the content thereof. 

  2. Gively grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. 

  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. 

  4. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim. 

  5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. 

  6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. 

  7. Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you. 

  • Facebook
  • Twitter
  • Instagram

©2019 by Green Foundry Ltd and Brilliant Technologies Ltd