Terms and Conditions

1. Welcome

1.1 Introduction

Welcome to the Givero terms and conditions. This document covers:

  1. How donations are raised and paid to Good Causes.
  2. Our relationship with end users and Good Causes.
  3. Standard terms of use of our products and services.

We have separate documents that cover:

  1. Privacy and data
  2. Cookies

This policy was last updated on March 13, 2019.

1.2 Definitions

"Content" includes all the text, information, graphics, logos, videos and all other material on the Sites.

"Good Cause" describes the charities and organizations working for the common good.

"Intellectual Property" includes copyright, trademarks, service marks, moral rights, author's rights, and other intellectual property rights.

"Products" includes the Givero mobile apps, desktop apps and browser extensions.

"Service" includes our Sites and Products.

"Sites" includes the Givero website located at www.givero.com and other Givero domains.

"Terms of Service" means the terms and conditions by which your access and use of the Sites is regulated.

"User" or "You" means any person accessing or making use of the Sites.

"We", "Us", "Our" means Givero ApS.

1.3 Formal notices

Givero ApS is a private Danish company (VAT number DK39967715), with registered offices at Ahlgade 21, 1st floor, DK-4300 Holbaek, Denmark.

Please read this agreement carefully before accessing our Sites and using our Products. If you use our Sites or Products you agree to all of the following terms and conditions, our Privacy Policy and any other guidelines, rules and policies posted on our Sites.

These terms and conditions may change or be updated from time to time. It remains your responsibility to access and check these terms and conditions when you use our Service. The latest version of these terms and conditions will govern any future usage by you of our Service.

If you do not agree to our terms and conditions, you must discontinue using the Service.

2. Donations

2.1 Introduction

Givero provides you with a free way to raise donations for Good Causes. You may choose several Good Causes to support, or no specific Good Cause if you want us to distribute the funds evenly.

When you use the Givero search engine ('Givero Search'), we display which Good Cause benefits from your next search. If you have selected one or more Good Causes, you will see that the name displayed corresponds to one of your selected causes. If you have not selected any, we switch evenly among them all and encourage you to make a selection.

Givero Search earns money from sponsored results and advertisements that are displayed on search result pages. We send information about your currently selected Good Cause to our search partner when you perform a search, and when we are paid, we get a report detailing how many searches were performed and the amount earned by supporters of each Good Cause.

We only earn money from advertisements displayed based on genuine, unique queries. Our search partner has fraud protection systems in place that filter out any suspicious and unnatural search queries. The counter you see on the Site when performing searches is the number of search queries you have completed, but the actual number counted by our search partner may be slightly different.

Any fraudulent, automated or otherwise programmatic queries or excessive amounts of unnatural ad-clicks may result in your access to the Sites being blocked and earnings from your queries being voided.

Clicking on more ads than usual will not help generate more revenue for Good Causes, as our search partners will detect them as potentially fraudulent and discard them, reducing our payout accordingly. When our suspected fraud rate goes up, our traffic quality score goes down, and our payouts are dependent upon the traffic quality score.

2.3 How much is donated?

We donate 50% of our gross revenue to Good Causes, which means that when we receive a payment, we first take half of the amount and give it to charity, and then use the rest to run the company. Committing to donating half of the revenue, as opposed to, e.g., all of the profits, assures you that we cannot 'adjust' our costs to make the amount of profit we make and thus donate, smaller. We publish a monthly statement detailing earnings and donations, and our state-approved external auditor verifies that we donate 50% of the entire revenue.

Applicable taxes may differ based on the nature of the Good Cause. For example, donations to certain Good Causes engaged in research projects are tax exempt, according to Danish law.

Example: If we receive €100,000 one month from our search partners, we take the first €50,000 and allot an amount to each participating Good Cause based on their usage statistics. One Good Cause may be allotted €10,000, which is paid directly if it is tax exempt, otherwise we deduct the amount we must pay in taxes before paying the Good Cause. The rest is used for wages, rent, server hosting, marketing etc.

2.4 Distribution of funds

Users support their selected Good Causes when performing searches on Givero Search.

Each month we receive a report from our search partner detailing the number of valid searches and earnings accumulated by each Good Cause. We donate half of those funds to the Good Causes.

Each valid search query performed by a user counts towards the current Good Cause. If the user has selected one or more Good Causes, the search queries from that user are distributed evenly among those Good Causes.

If the user has not selected any specific Good Causes, the search queries will be distributed evenly among all Good Causes.

If a user changes his selected Good Causes, it does not affect any previously generated and assigned queries.

3. Good Causes

3.1 Supported causes

We list Good Causes that are registered with official authorities in European Economic Area countries and USA as either charities or otherwise officially recognized as a 'good cause'.

Inclusion on our list of Good Causes is subject to our approval, at our sole discretion. We reserve the right to refuse any person or organization at any time with or without cause.

In 2019, the Good Causes are selected by us, but our intention is to let our users recommend and vote for Good Causes to include in the future.

3.2 Terms

We do not require any consideration from the Good Causes listed on our Sites and we will not use logos without prior written permission. We are happy to participate in more formal partnerships for the sole purpose of promoting the Good Cause on the Sites, in print and any other media. Except as specifically set forth herein, no right, title or interest in any of the Client Marks is intended to be given to us. The Good Cause represents and warrants that it has the authority to grant the licenses as detailed in this paragraph. It understands that it will not receive any compensation as a result of such use.

We grant to each Good Cause a royalty free, non-exclusive, non-transferable license during its participation in the Service to use the Service names and logos ("Services Marks") on its site, in print and other media.

A Good Cause may terminate its participation in the Service for convenience, with or without cause at any time by giving written notice to us. We will cease use of the Client Marks within 30 days of receiving this notice and the Good Cause will cease use of our Services Marks within the 30 day period beginning from when notice was served.

Upon termination, we will send the Good Cause any outstanding donations earned as per our usual calculations and distribution cycle.

3.3 Payments

We are paid by our search partners approximately 60 days after the end of the month This is a necessity to combat fraud, which is widespread in the search industry. It takes time to spot fraud patterns and weed out the invalid ad clicks, and make sure no advertiser is charged for ad clicks they shouldn't be. We pay the Good Causes no later than 30 days after receiving payment from our search partners.

Payments are made to the Good Causes via wire transfer, subject to our payment schedule.

Payments will be made quarterly unless otherwise agreed and so long as the donation amount exceeds €500.00. If donations do not exceed €500.00, payments will not be made until the accumulated donation amount meets or exceeds €500.00.

Any bank or other payment fees incurred by us as a result of processing payments to Good Causes will be deducted from the following donation payment.

Good Causes agree to pay all applicable taxes or charges imposed by any government entity in connection with their participation in our services. If a Good Cause disputes any payment, it must notify us in writing within thirty (30) days of any such payment; failure to do so shall result in the waiver of any claim relating to any such disputed payment. Payments shall be calculated solely based on records maintained by us. No other measurements or statistics of any kind shall be accepted by us or have any effect whatsoever under these Terms of Service.

Payments can only be made if we or our payment partner have the required bank details of the Good Cause. In cases where bank details are unavailable or incorrect, we will contact the Good Cause to get their current details. However, we cannot be held responsible if the Good Cause is uncontactable, declines to respond, or responds but declines to provide the required bank details. If this happens, we will continue to hold the funds for as long as we see fit in case bank details are subsequently provided. However, we reserve the right to distribute the donation to one or more different Good Causes if we conclude that the bank details are not going to be forthcoming.

3.4 Use of funds

Each Good Cause reserves the right to utilize the funds raised for any purpose as they see fit. The Good Cause's decision regarding their use of funds is final.

4. Transparency

We operate with full transparency, so you can be sure that we pay Good Causes the share we claim we do.

4.1 Your contributions

The Good Cause that is supported by your next search is always displayed on search pages, so you know which Good Cause you are supporting every time you search.

The number of searches you have performed is always displayed on the search page, to give you an idea of how much you have helped the Good Causes. We store the counter in a cookie on your device, so it may be reset if you clear your browser data. However, the Good Cause has still benefitted from your searches as we credit the Good Cause server-side instantly for each search query performed.

4.2 Your contributions

On the Good Cause information pages, you will find a description of the Good Cause, how much was donated in the previous month, how much has been donated in total, and the number of searches performed by their supporters this month.

4.3 Financial reports

As required by Danish law, our ownership records are public and financial records are published once a year. All information can be accessed at the official company registry of Denmark. Since GIvero ApS was founded October 2018, the first financial report will be available at the beginning of 2020.

4.4 State authorized accounting company

We use the state authorized public accountancy company RIR Revision to make our financial reports. They are obliged to make a public remark in the yearly statement if we do not comply with our commitment to donate 50% of the revenue.

4.5 Company ownership

Givero ApS is the registered name of the company and the ownership details are as follows:

Beneficial Owner: Brian Rasmusson with 100% Share Capital and 100% Voting right.

Legal owner: B. Rasmusson Holding ApS with 100% Share Capital and 100% Voting right.

No offshore accounts or attempts to create complicated opaque company structures with loopholes for tax exemption has ever been, and will never be carried out. Full tax registration and payment has and will always be done in Denmark.

According to Danish law, changes in the company ownership or structure must be registered and made public.

5. Further terms and conditions

5.1 Privacy policy

Our privacy policy outlines exactly how we handle information about you and the steps we take to ensure your privacy. We also have a cookie policy.

5.2 Trademarks

The names Givero™, Givero.com, the Givero logo and any other product and service names that we may present may not be used in connection with any product or service that is not Givero's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Givero.

Other trademarks, service marks or logos that appear on our services - including, but not limited to, those of our Good Causes, search and merchant partners, 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 us and the trademark owner.

All aspects of the Service are protected by copyright. All content is owned by us, our supported Good Causes, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws.

The Service, 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, trademark or other proprietary notice. No other use of the Sites' content is permitted without the express prior permission from Givero ApS, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to hi@givero.com.

5.4 Changes to the Service

We will make every effort to ensure that the Service is continuously available, but we reserve 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 and conditions.

5.5 Indemnification

You agree to indemnify us against any loss, liability, claim, demand, damage or expense (including legal fees) that may occur in connection with the use of the Service. We take reasonable care to ensure that the data provided on the Service is accurate and up to date. However, we give no warranty of the accuracy of any information on the Service and do not accept liability for any errors or omissions, neither do we accept liability for any resulting damage or loss.

5.6 Linking from external websites

Other websites may link to our Sites; however, it is not permitted for our pages to be loaded into frames on other sites, or for our pages to be linked to from any websites that contain material which could be construed as offensive or malicious.

5.7 Linking to external websites

The Sites link to many other websites to provide 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 with respect to the content. We do not guarantee that links will work at all times and we cannot control the availability of the linked pages.

If you choose to follow such links or make any decision based upon information appearing on or through such links to use services, software or buy goods or services, then any obligations arising will be between you and the party who is responsible for the link you clicked on. Such obligations may be subject to separate terms between you and the company or person concerned and we shall not be liable to you for any loss or damage through your use of such websites or resources.

These Terms are not intended to affect your legal relationship with any other party. It is for you to make your own judgment and we exclude liability arising under contract and/or under the law of tort (including for misrepresentation) to the fullest extent permitted by law.

5.8 Unauthorized use of the Service

You agree that if we apply a fixed upper limit on the number of queries you may perform, then you may not attempt to circumvent such measures for as long as those limits apply, whether they apply to you individually or to a group of visitors. Any such limits may be set by us at any time and entirely at our discretion.

If it is discovered that the Sites are being interfered with in any way, which could be, but is not limited to, automated ad clicks, content scraping, query automation or anything else deemed by ourselves to be abnormal use, we may block your access to the Sites and any earnings you had accumulated for Good Causes may be voided.

You may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any part of the Service and you may not permit anyone else to do any such thing.

5.9 Virus disclaimer

We take all reasonable effort to test material before making it publicly available. 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 the Service or any material derived from our Service.

5.10 Disclaimer

The Service 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 and material contained in the Service will be uninterrupted or error free, that defects will be corrected, or that the Sites or the servers that make them available are free of viruses or represent the full functionality, accuracy and 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 the Service.

Use of the Service is unauthorized 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.

5.11 Termination

You may discontinue use of the Service at any time. These terms and conditions will continue to apply to your use of the Service in the past.

If you breach any of the Terms, we may withdraw the Services from you and take steps to prevent your future access to the Services. At our discretion, we may also end the agreement with you without notice and with immediate effect following any breach.

5.12 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 our Sites.

5.13 Miscellaneous

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.

5.14 Governing law

These terms and conditions shall be governed by the laws of Denmark. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Denmark. You hereby consent to the exclusive jurisdiction of the Danish courts in all disputes arising out of or relating to the use of the Service.

5.15 Third party rights

Other than the Good Cause you have chosen, no person, organization, association, company, charity, or other body shall be entitled to the benefit of any rights under these Terms of Use and unless the right is expressly granted to any party, it is not intended that any provision of this Agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999.