Terms & Conditions

Terms & Conditions

This page represents a legal document that serves as our Terms and Conditions and it governs the legal terms of our website, giverapp.net, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by L.T Calero & K.J Calero. L.T Calero & K.J Calero is registered in Australia, ABN 98 900 926 270, registered office address:

L.T CALERO & K.J CALERO
77 Argyle St,
Fitzroy
VIC 3065
info@giverapp.net

Introduction

Capitalised terms, unless otherwise defined, have the meaning specified within the Definitions section below. These Terms and Conditions, along with our Privacy Policy, any mobile license agreement and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and L.T Calero & K.J Calero and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein.

We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.

1. Definitions

  • The terms “us” or “we” or “our” refers to L.T Calero & K.J Calero, the owner of Giver.
  • A “Visitor” is someone who merely browses our Website, but has not registered as a Merchant.
  • A “Merchant” is an individual that has registered with us to use our Service.
  • An “Account” is a Giver account that a Merchant has registered to provide access to the Service
  • Our “Service” represents the collective functionality and features as offered through Giver to our Merchants.
  • All text, information, graphics, audio, video and data offered through our Website are collectively known as our “Content”.

2. General conditions

Support is only provided to paying Account holders and is available via email, live chat and telephone where possible.

Our Legal Terms shall be treated as though it were executed and performed in Australia and shall be governed by and construed in accordance with the laws of Australia without regard to conflict of law principles.

In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.

The rights of L.T Calero & K.J Calero under our Legal Terms shall survive the termination of our Legal Terms.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Giver.

3. Giver rights

We reserve the right to modify or terminate the Service for any reason, without notice at any time.

We reserve the right to refuse service to anyone for any reason at any time.

We may, but have no obligation to, remove, suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Merchant account, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.

Giver does not pre-screen Merchant accounts and it is in our sole discretion to refuse or remove any Merchant accounts from the Service.

We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Giver employees and contractors may also be Giver customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

4. Limitation of liability

You expressly understand and agree that Giver shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

In no event shall Giver or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Giver partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the quality of any products, services or information obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

5. Pricing policy

Our per order fees include GST where applicable, but do not include any costs from our payment partner, Stripe.

Our fees are passed to us when your customers make payment for an order, at the point of sale.

6. Legal compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. L.T Calero & K.J Calero reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to cancelling your User account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

7. Intellectual property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

8. Links to other websites

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. L.T Calero & K.J Calero has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

9. Cancellation and termination

You may cancel your Account at any time by mailing info@giverapp.net and then following the specific instructions indicated to you in Giver’s response.

Upon termination of the Services by either party for any reason:

  1. Giver will cease providing you with the Services and you will no longer be able to access your Account
  2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise
  3. any outstanding balance owed to Giver for your use of the Services through the effective date of such termination will immediately become due and payable in full
  4. your Giver shop will be taken offline

We reserve the right to modify or terminate the Giver Service or your Account for any reason, without notice at any time. Without limiting any other remedies, Giver may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with your Account.

10. Privacy and data protection

Giver is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Giver’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.