Terms and conditions
Give as you Live® is a product from Everyclick Ltd.
These terms describe what Give as you Live® ('GAYL®') does for you (the user) as the on-line shopping application used via the website or downloaded from the website. 'GAYL®' enables you to generate charitable donations every time you shop on-line using the sites of your choice. A commission, in the form of a cash donation, will be distributed to your selected cause and to all causes that are selected by users. All causes supported by users will receive the funds raised in a scheduled monthly payment.
Here are the key points:
- GAYL® is used via the Website or downloaded from the Website for online shopping that sends a percentage of your purchases to your selected cause. Give as you Live® works with the majority of websites to offer you your favourite products while supporting the charitable cause of your choice.
- GAYL® works with the majority of web sites and on-line retailers.
- There is no cost to you, and no cost to your cause.
Here are the formal notices:
www.giveasyoulive.com ('Website') and the GAYL® download is owned and operated by Everyclick Limited whose registered office is at Basepoint Business Centre, Crab Apple Way, Vale Business Park, Evesham, Worcestershire, WR11 1GP (company number 5181419), (referred to as 'we' or 'us' or 'Everyclick' below). The use of www.giveasyoulive.com and the GAYL® download is subject to the following terms and conditions. Please read these Terms of Service carefully. If you do not wish to be bound by these Terms of Service, you should not continue to use or access the Website.
These Terms of Service may change or be updated from time to time. It remains your responsibility to access and check these Terms of Service whenever you access the Website. The latest version of these Terms of Service will govern any future usage by you of the Website.
By clicking on the GAYL® Application Window, you as a user (referred to as 'you' below) are accepting our terms and conditions.
GAYL® downloaded or used on the Website is not sold; rather, licensed all the way through the distribution channel to the end user. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH EVERYCLICK LIMITED THAT CONTROLS AND ALTERS YOUR USE OR DISTRIBUTION OF THE GAYL® PRODUCT, THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT BELOW APPLIES TO YOU. Please be careful to read the agreement for GAYL®.
Scope of license.
You may use the GAYL® download or Website software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not:
- Work around any technical limitations in the software.
- Reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation.
- Make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation.
- Rent or lease the software.
- Transfer the software or this agreement to any third party.
- Use the software to incorporate malicious software, spyware, adware or other potentially unwanted software into the software.
- Use the software for commercial software hosting services.
All transactions you make are not with us, but with the individual retailer. Any defect or fault with the goods purchased are the sole responsibility of the merchant from whom you purchased the product. Everyclick Limited cannot accept any liability for goods purchased by you from affinity sites.
GAYL® £250 for 50 new shoppers offer qualifications.
To qualify for the £250 for 50 new shoppers offer, each shopper is required to support your cause and spend a minimum of £25 using GAYL®, and not be participating in any other GAYL® promotional program. The offer is conditional on the charity acquiring 50 new shoppers – that is, shoppers who have not previously registered with GAYL®. The eligibility period for acquiring new shoppers is 1 January 2013 - 30 June 2013. The eligibility period for each new shopper acquired to spend £25 and become a qualifying new shopper is 1 January 2013 - 31 July 2013. Charities must confirm their entrance into the program by emailing or speaking to a Give as you Live representative in order to qualify. Participating charities may receive a maximum of one £250 reward.
GAYL® member get member offer qualifications.
To qualify for the £5 per new shopper offer, each new shopper is required to spend a minimum of £10 using GAYL® to support your cause.
Amounts raised for cause.
After you have downloaded GAYL® or used it on the Website, you can raise money for your favourite cause every time you search the web and shop online. As a GAYL® user you may earn a percentage donation from a number of retailers as illustrated on the GAYL® download or Website.
The donations you earn from affiliate sites (retailers and other on-line commerce sites) are distributed to your selected cause when the monies are received by Everyclick Limited from the retailer. From time to time retailers may increase or decrease the commission paid - in which case the donation illustrated on our site may be incorrect. The affiliate sites have a two stage payment status. Immediately after your purchase, the affiliate site will log the commission for a transaction as "Pending" to say that they are aware of it. It then sits in that status until the returns period for the item is over - which can be up to 60 days in some cases but varies by retailer. After that it then moves to "Approved" which means that the retailer has acknowledged that commission is payable. Finally, once Everyclick receives the commission, the transaction moves to "Paid" in your Admin System. Once the transaction is "Paid", Everyclick will include the commission into the public totals on the GAYL® site and disburse the money directly to your chosen cause (if they have signed the Everyclick Ltd Compliance Agreement) or through Charities Trust in the next scheduled payment run covering the effective date of the transaction.
In the event that you return the item purchased to the retailer, the transaction will be adjusted accordingly so no donation is credited. Please remember that a donation can only be earned when you click through to a retailer's website from a link on the GAYL® download or Website or when you activate the software directly on a retailer's website, HAVING BEEN LOGGED INTO THE GAYL® download or Website. Some retailers may not pay commission for repeat purchases on their site; we have no control over this. All commissions are variable.
Please note that you can maximize your chances of earning donations over several purchases if you click through to the retailer site from directly the GAYL® download or if you click to active the download on the retailer's website before each purchase. In addition, you will only receive the credit for the donation if you have followed a direct link to a merchant from GAYL®. If you visit a retailer via another site (even if the other site is listed on the GAYL® website) without activating the software through the pop up window, then you will only receive the donation offered from the direct site you have visited. An example would be a comparison service where you are paid a low amount simply to search for a product, purchases made via links on the comparison site will not be eligible for an additional donation credit.
We cannot be held responsible if the retailer fails to report your sale to us. Retailers have their own rules upon which they determine transactions to be genuine, i.e. an attempt to simply earn money by clicking/registering with no intention to continue to use/buy from their website could be deemed as non-genuine. These rules may or may not be advertised by ourselves or the retailer and may be discretionary.
Whilst we will endeavour to recuperate non-payments from the retailer, the decisions by ourselves, the retailer or retailers tracking agent is final. Whilst we will try and recuperate missing commissions, at any point we reserve the right not to chase missing commission payments, particularly where no purchase is made. If missing payments are paid later by the retailer then your account will be credited. We will always pay donations where money has been received from a retailer and tracked to a members account provided your account with us remains active, your transactions are deemed by ourselves and the retailers to be genuine and you meet the terms of the payment to the retailer.
Everyclick reserves the right to reclaim or make balance adjustments accordingly where it has been established that any credit has been applied in error. This will include but is not limited to transactions where the credit is not genuinely due or payment for any credited transaction has not been received from a merchant or its agencies.
Cause donations are aggregated until the total donation to each supported cause totals more than £0.94. By aggregating donations, administration is minimised for both parties. Once the threshold is reached, we will pass on the entire total of the donation(s) directly to the cause at no charge, providing the chosen cause has completed the Everyclick Compliance Agreement. If the Everyclick Compliance Agreement has not been signed payment is made via our payment partner, Charities Trust, who will deduct a handling fee of 4% for processing non-direct donations.
About the causes and organisations you can support through GAYL®.
The GAYL® download or Website allows you to raise funds for any of the causes and organisations listed. All causes listed are provided under a contract from Charities Trust who are authorised to collect donations and reclaim Gift Aid under the UK Government's Gift Aid Scheme. Charities and Good Causes can have similar names: it is your responsibility to check that you are donating to the organisation you intended.
How we allocate money to causes via online shopping.
We allocate up to 90% of gross shopping commissions either directly or through The Charities Trust each month (see below chart for percentage rates). The money is disbursed by Everyclick or Charities Trust directly to each cause supported by the users of GAYL®.
How we determine the percentage of commissions that a cause receives.
Generally, we allocate all causes a minimum of 50% of the commissions raised and received from the affiliates. Each cause can increase the percentage of commission they receive by increasing the volume of supporters that use the Give as you Live® product. The revenue share increases as follows.
|Level of annual revenue||£500k||£500k to £999,999.99||£1m to £1,999,999.99||Over £2m|
|Revenue share to cause||50%||75%||85%||90%|
In some cases, we enter into an agreement with a retailer whereby they undertake to give a greater than normal percentage, either on a temporary or permanent basis.
In this case we undertake to ensure that at least 50% of all commissions go to the cause by applying the following rule to each separate order from that retailer:
- If the transaction commission value, expressed as a percentage of the transaction value is 5% or greater, the Everyclick commission retained from the transaction is 2.5% of the transaction value.
- If the transaction commission value expressed as a percentage of the transaction value is less than 5%, the Everyclick commission retained from the transaction is 50% of the transaction commission value.
- For orders where a zero order value is specified (e.g. £5 for signing up to a trial membership, £10 for applying for a credit card), Everyclick will retain 50% of the transaction commission value.
As we calculate the cause's donation amount based on each order, the amount actually donated may appear less than the "up to" percentage displayed on the site, but the percentage donated by the retailer in these cases is higher than would normally be the case.
How we allocate money to causes via sponsored results.
Revenue is disbursed to individual causes that have been supported by users of the Everyclick Website. The sum each cause receives is entirely proportional to the amount that users search using the Everyclick search website relative to the users of other supported causes. While, click through revenue is earned when a user clicks on a sponsored link, no shopping commission from purchases is generated in this case. Disbursements are made to Charities either via either our payment partner, Charities Trust or directly by Everyclick, if the Charity has completed and signed the Everylick on-line Compliance Agreement.
Use of funds.
Each cause beneficiary reserves the right to utilise the income raised through GAYL® to best effect for the cause.
In the event that a cause ceases to operate or becomes de-registered before all of the monies raised or donated can be sent to them, their outstanding payment will be distributed to a charity or charities at the discretion of Charities Trust and Everyclick management.
The names Give as you Live(TM), giveasyoulive.com, the Give as you Live® logo and any other product and service names that we may present on the GAYL® download and the Website from time to time may not be used in connection with any product or service that is not Everyclick's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Everyclick. Other trademarks, service marks or logos that appear on the Website or on a web-site on which the GAYL® download appears, in particular (but not exclusively) those of member causes, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both Everyclick and the trade mark owner.
www.giveasyoulive.com and the GAYL® download and Website are protected by copyright. All content on the Website is owned by Everyclick Limited, our supported causes, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. The GAYL® download and the Website, in whole or in part, is for your personal use only. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trade mark or other proprietary notice. No other use of the Website's content is permitted without the express prior permission of Everyclick Limited, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to email@example.com
Changes to the service.
Everyclick will make every effort to ensure that www.giveasyoulive.com Website and the GAYL® download and other services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms of Service.
You agree to indemnify Everyclick Ltd against any loss, liability, claim, demand, damage or expense (including legal fees) that may occur in connection with the use of this site. We take reasonable care and skill to ensure that the data provided on this site is accurate and up to date. However, we give no warranty of the accuracy of any information on the site and do not accept liability for any errors or commissions, neither do we accept liability for any resulting damage or loss.
Linking from external websites.
www.giveasyoulive.com is happy for other websites to link to it; however, it does not permit pages to be loaded into frames on other sites. It does not permit links from any websites that contain material which could be construed as offensive.
Links to external websites.
www.giveasyoulive.com links to many other websites for information and as a service to our users. The external websites are not under our control and we are not responsible for the content of any linked site. By listing or linking to another site, we are not making any kind of endorsement and we accept no liability in respect of the content. We do not guarantee that links will work all of the time and cannot control the availability of the linked pages. If you deem any link inappropriate or offensive, or find any link to not work, then please let us know so that we may remove the link.
Un-authorised use of our website.
If it is found that the GAYL® download or Website is being interfered with in any way including modification of URLs, posting unauthorised URLs on public media, pages being spidered, automatic scripts or anything deemed by ourselves to be abnormal use then we may terminate your account and any donations may become voided. To protect our retailers, any abuse of an offer may lead to transactions being revoked. Any transactions deemed to be of a suspicious nature may require verification by ourselves and/or the merchants involved, and further information on your transactions may be requested from yourself. For this reason, we may pass on any details which you have provided in communications with the merchant and its agencies. Usernames should not be offensive nor used in any way which may represent any trademarks or brand names, be it owned by Everyclick or other entities. Where this is the case then you will be required to update this to a suitable name.
We take all reasonable effort to test material before placing on our Website. In the very unlikely event of any loss, disruption or damage, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur whilst using material derived from this Website or the GAYL® download.
THE WWW.GIVEASYOULIVE.COM WEBSITE AND GAYL® DOWNLOAD IS PROVIDED 'AS IS', WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR REPRESENT THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS. IN NO EVENT WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGES WHATSOEVER ARISING FROM USE OR LOSS OF USE OF, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF WWW.GIVEASYOULIVE.COM WEBSITE AND GAYL® DOWNLOAD. Use of this Website and GAYL® download is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
You may discontinue use of the Website and GAYL® download services at any time. These Terms of Service will continue to apply to past use by you.
Modification of agreement.
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion for any reason. We will post the revised agreement on this Website.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
These terms and conditions shall be governed by the laws of England. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England. You hereby consent to the exclusive jurisdiction of the England courts in all disputes arising out of or relating to the use of this Website and GAYL® download.
Third party rights.
A person who is not a party to these Terms of Service has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Service.
Invite a friend.
Your Invite-a-Friend bonus donation for this period is £5. This bonus rate expires on 31st July 2013 23:59
We will donate an amount of £5 for each friend that shops and spends at least £10.
For the above bonuses to be applied, your friend must spend a total of at least £10 by shopping through Give as you Live. Cause donations raised through search, card donation etc. will not be counted.
We will donate the £5 to the cause represented by the invite-a-friend link that your friend clicked on.
If you wish to track the bonus donations we make to your cause, you will need to create an account.
Only referrals for genuine signups will be paid. Multiple accounts created for use by the same person or any fraudulent signups, or signups using fictitious email addresses that we subsequently detect will result in termination of your account.
The criteria used to determine referral thresholds may be adjusted at any time without prior notification.
Changes in criteria will take effect immediately regardless of when your friends may have signed up or started shopping.
If you are sending invitations via email, then you must only send invitations to people you know.
Fraud and Misrepresentation
Only referrals for genuine signups will be paid. Multiple accounts created for use by or under the direction or control of the same person or any fraudulent signups, or signups using fictitious email addresses that we subsequently detect may result in any unpaid referrals being withheld at the discretion of the Company.
The Company's decision, after investigation, will be final and action may be taken to reclaim funds gained as a result of misrepresentation or fraudulent behaviour.