TERMS OF USE

1. TERMS OF USE

1.1 These terms of use (together with the documents referred to in them) (the "Terms of Use") are the terms on which you may make use of our website www.BeAGift.net, our mobile application ("App") and the related services (the "Services"). Our Services are provided to you by Be A Gift Corporation (the "Company"), PO Box 2071, Mill Valley, California, 94942

1.2 Please read these Terms of Use carefully before you start to use our Services. You may want to print a copy of these Terms of Use for future reference but remember to check back occasionally just in case we have updated them as we reserve the right update these Terms of Use in accordance with paragraph 11.5.

1.3 By using our Services, you confirm that you agree to be bound by these Terms of Use (as may be amended from time to time). If you do not agree to these Terms of Use, please do not use our Services.

2. OTHER DOCUMENTS

2.1 These Terms of Use refer to the following additional terms, which also apply to your use of our Services:

Our privacy policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you confirm that all data provided by you is accurate.

3. SITE AND SERVICES

3.1 What Our Site Does

The purpose of our Services (the "Purpose") is to provide a social networking platform to connect users with Gifts of Service offered by others. We do this by:

  • enabling the communication of Gifts of Service and their fulfillment by our users; and
  • encouraging the user receiving the Gift to Pay it Forward by expressing Gratitude in the form of a financial donation to the recipient of the Givers choice.

3.2 Our Services

Our Services include use of our site (including accessing, browsing, or registering to use our site) and all email notifications, applications, widgets, information, text, graphics, and material uploaded to our site by us from time to time (the "Be A Gift Content"). We may update our site from time to time including to require our users to pay a fee for the use of our Services (a "Subscription"), and may change, suspend or discontinue the Services provided at any time without notice.

4. ACCESSING OUR SITE, REGISTRATION AND PAYMENT

4.1 Accessing our site and registration

We want to make sure that each user will do what they agree to do in these terms. So:

  • Our site is intended for 13 years of age or older.
  • You must provide the following information to the Company to register your account: a valid email address, your real name or organization details, and your location (to enable us to match our users and their Gifts according to their location). You agree to keep this information up-to-date and accurate at all times. You may be required to provide additional information, such as your address, if you subscribe to our Services.
  • Our site is only intended for use by individuals and certain carefully selected and invited organizations and must not be used for any commercial purposes (either by businesses or individuals) unless we have expressly permitted such use in writing.

4.2 Payment

Be A Gift provides the opportunity to express financial gratitude to the person who gave you a gift of service. You can do so by adding credit card info in your profile. You can also be the beneficiary of someone's financial gratitude. To do this add a bank account on your profile. We do not store your information. Be A Gift uses Stripe to process all transactions. Stripe takes 2.99% + 30¢ transaction fee, and Be A Gift receives 7.01%. It is our dream to offer Be A Gift as a Gift, and the reality is we need to cover our operating costs.

Refunds are only provided if you contact us within seven days of a payment being made and our Services have not been used. Use of the Services includes both reading and sending messages, wishes and/or thanks.

5. YOUR ACCOUNT

You are responsible for all activity on your account using your username and password. If you suspect that anyone else knows your username or password, or has used your username or password to access our site, you must promptly notify us at support@beagift.net.

6. USE OF OUR SITE

6.1 Your Use of Our Site

We respect yours and other users' rights and in turn, we expect you to do the same. In using our Services, you may:

  • communicate and interact with other users (either on our site or otherwise);
  • carry out actions and activities pursuant to your use of our Services for the Purpose of exchanging a Gift.

You will not use our site:

  • for commercial purposes, unless we have expressly permitted such use in writing;
  • to upload or send publically, or privately transmit, User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • to harm or exploit minors in any way;
  • to impersonate any person or entity, including a Be A Gift director, administrator or employee;
  • to falsely state or otherwise misrepresent your affiliation with a person or entity;
  • to forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;
  • to transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationships;
  • to upload or privately share any User Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party;
  • to upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
  • to upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • to violate any applicable law;
  • to "stalk" another; or
  • to extract, collect, process, combine or store personal data about other users.

You agree that your Activities will be in compliance with our house guidelines and that the above restrictions apply to your Activities generally as well as to your use of our site.

6.2 Your Activities and User Content

  • You agree that your use of our Services and in particular, your Activities, will only be for the Purpose.
  • You agree that your Activities will comply with these Terms of Use, and you will be liable to us and indemnify us for any breach of that agreement. This means you will be responsible for any loss or damage we suffer as a result of your breach of these Terms of Use.
  • We have the right to use, copy, distribute and disclose to third parties any User Content for the purpose of promoting our site. We also have the right to disclose your identity to any third party who is claiming that any of your Activities constitutes a violation of their intellectual property rights, or of their right to privacy.
  • We also have the right to access, preserve and/or disclose your account information and/or your User Content if we are required to do so by law, it is required by any law enforcement agency or if required by us for the enforcement of these Terms of Use.
  • Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the user who originated such User Content. We do not control or monitor User Content uploaded to our site or privately transmitted by our users. We will not be responsible, or liable to any third party, for the User Content or accuracy, quality or integrity of any User Content posted by you or any other user of our site. Any use or reliance on any User Content or materials posted via the Services or obtained by you through the Services is at your own risk.
  • We have the right to remove any posting or other material you make or upload on our site if, in our opinion, your post or material does not comply with the standards set out in our house guidelines and these Terms of Use.
  • The views expressed by other users on our site do not represent our views or values.
  • Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

6.3 Content

  • Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the Company Content or the User Content on our site is accurate, complete or up-to-date.
  • Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the Contents of those sites or resources.
  • We do not guarantee or warrant that our Services will be free from errors or omissions.

7. Be A Gift Rights

7.1 All rights, title and interests in and to our Services (excluding User Content), the user interface, graphics, editorial Be A Gift Content, scripts and software are and will remain the exclusive property of Be A Gift and its licensors. The Services are protected by copyright, trademark and other applicable laws. Subject to paragraph 7.2 below, nothing in these Terms of Use gives you a right to use or reproduce the Be A Gift name or any or the trade marks, service marks, logos, domain names, and other distinctive brand features ("Brand Assets"). Any feedback, comments or suggestions you may provide regarding Be A Gift, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

7.2 Be A Gift grants to you a non-exclusive license to use and/or reproduce the Brand Assets for activities which fall within the Purpose, such use and activities to at all times adhere to the house guidelines. You may only use the official Brand Assets. If you fail to use the Brand Assets in accordance with these Terms of Use and/or the house guidelines we have the right to withdraw your right to use and/or reproduce the Brand Assets without notice and we may terminate your account in accordance with paragraph 10.

8. INDEMNITY

You agree to indemnify and hold Be A Gift and its subsidiaries, affiliates, officers, agents and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of User Content you publicly post or privately transmit through the Services, your Activities, your connection to the Services, your violation of these Terms of Use, or your violation of any rights of another (including but not limited to breach of third party intellectual property rights).

9. LIMITATION OF LIABILITY

9.1 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by United States law.

9.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to our site or any Content on it, whether express or implied.

9.3 Be A Gift will provide the Services with reasonable care and skill. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site;
  • use of or reliance on any Be A Gift Content or User Content displayed on our site; or
  • improper use of our Services (being use not in accordance with these Terms of Use and/or failure by a user to use their account properly).

9.4 You agree not to use our site for any commercial or business purposes unless we have expressly permitted such use in writing, and we have no liability to you for any loss of profit, loss or business, business interruption, or loss of business opportunity.

9.5 The Be A Gift community exists to encourage interconnected communications and to allow users to make connections but we don't monitor how those interactions develop either online or offline. You should always follow the house guidelines in dealing with users you make connections with on Be A Gift. Be A Gift accepts no responsibility for interactions between users offline.

9.6 You are responsible for configuring your information technology hardware, computer programs and platform in order to access our site. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful acts or material that may affect or infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Services or to your downloading of any Be A Gift Content or User Content on our site, or on any website linked to it.

9.7 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by use of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. Similarly, we assume no responsibility for the fulfillment of wishes made by users of our site and we will not be liable for any loss or damage that may arise from non, partial or unsatisfactory fulfillment of wishes or use of our Services.

10. TERMINATION

10.1 As set out at paragraph 3.2, we reserve the right to change, suspend or discontinue the Services at any time without notice. If we do so, we will make reasonable efforts to notify our users of such changes, suspension or discontinuance.

10.2 Your account may be terminated by Be A Gift upon fourteen (14) days' notice for any reason; or immediately if you:

  • breach these Terms of Use;
  • breach the house guidelines; or
  • use the Service in breach of the Purpose.

10.3 If we terminate your account immediately for any reason, we will make reasonable efforts to notify you using the email address associated with your account or by notifying you the next time you attempt to access your account.

10.4 You may terminate your account for any reason by deactivating your account and discontinuing your use of the Services. If you terminate these Terms of Use with Be A Gift you do not need to specifically inform Be A Gift when you stop using the Services.

10.5 In all such cases, these Terms of Use shall terminate except that the following paragraphs shall continue to apply: 6, 7, 8, 9, 10 and 11.

10.6 Nothing in this paragraph 11 shall affect Be A Gift's rights to change, limit or stop the provision of the Services without prior notice, as provided above in paragraph 3.2.

11. GENERAL TERMS

11.1 These Terms of Use and the documents referred to in these Terms of Use constitute the entire agreement between you and Be A Gift, superseding any prior terms of use. You acknowledge and agree that in entering into these Terms of Use you have not relied on any statement, representation, undertaking or promise given or implied from anything said or written in communications between the you and Be A Gift prior to you commencing use of our Services. Nothing in this paragraph 11.1 excludes or limits liability for fraud or fraudulent misrepresentation.

11.2 These Terms of Use shall be governed and construed in all respects by the laws of California. You agree that any claim or dispute you may have against Be A Gift must be resolved by the courts of Marin or San Francisco County ("Courts"). You and Be A Gift both agree to submit to the exclusive jurisdiction of the Courts.

11.3 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 these Terms of Use in our sole discretion in accordance with the notice provision below. You may not assign these Terms of Use without the prior written consent of Be A Gift.

11.4 Except for notices relating to illegal or infringing User Content, your notices to us must be sent by registered mail to the address set out in paragraph 1.1. 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 (5) days following the date of mailing.

11.5 We may update these Terms of Use at any time, with the updates taking effect when you next access the Service or thirty (30) days after we post the updated policy on the site, whichever is sooner. No other amendment to these Terms of Use will be effective unless made in writing, signed by users and by Be A Gift.

11.6 No term of these Terms of Use is enforceable by a person who is not a party to these Terms of Use made between you and Be A Gift. The rights of the parties to terminate or agree any variation under these Terms of Use are not subject to the consent of any person that is not a party to these Terms of Use.

PRIVACY POLICY

Be A Gift ("We") are committed to protecting your personal information.

This policy (together with our Terms of Use and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us in connection with your use of our site, will be processed by us. It is important that you read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

We will also keep you up to date with developments and stories from the Be A Gift community via our regular email newsletter. You can choose to unsubscribe from this at any time by sending an email to support@BeAGift.net.

1. INFORMATION WE MAY ASK YOU FOR

For our site to work effectively, we may collect and process the following data about you:

1.1 Your Information

Registration Information

When you register to use our site, we need you to provide your name, e-mail address and location information (based on your current address).

Your location allows us to do things like suggest the Gifts of other users near your location that you may be interested in. We will never share your exact location with other users, but we will let them know your general location, for instance that you are two miles from another user, without specifying the direction.

[If you subscribe to our services, you will be required to provide your full name, address and credit or debit card details or your bank account details.]

Information You Choose to Share

Your information includes the information you choose to share on our site, such as your photo, a biography, your Gifts, your public posts, the skills you have or the feedback you provide on another user.

1.2 Information Other Users Post About You

We receive information about you from other users, such as when they report a Gift given, report a user, or exchange Gratitude.

1.3 Other Information We Receive About You

We also receive other types of information about you:

  • We receive data about you when you interact with our site, such as when you log-in, look at another user's wishes, send or receive a message or use the app.
  • When you post things like photos, we may receive additional related data (or metadata), such as the time, data, and place you took the photo.
  • We receive data from the computer, mobile phone or other device you use to access our site including when multiple users log in from the same device. This may include your IP address and other information about things such as your internet service provider, location, the type (including identifiers) of browser you use, or the pages you visit.
  • If you contact us, we may keep a record of that correspondence.

2. INFORMATION THAT IS ALWAYS PUBLICLY AVAILABLE

The only information about you that will always be publicly available to other users of the Services is your name, the general location you indicate (see paragraph 1.1) and the other information you choose to make publicly available.

We use the information we receive about you in connection with the Services:

  • to ensure that Be A Gift Content is presented in the most effective manner for you and for your phone;
  • to carry out our obligations arising from any contracts entered into between you and us;
  • to allow you to participate in interactive features of our services, when you choose to do so;
  • to notify you about changes to our Services; and
  • to promote our Services.

Your information is yours and we will never share it with advertisers.

If you subscribe to our Services, you will be required to provide your name, address and card details, which will be passed immediately to our payment provider via a secure link. Your card details are not retained on our database. We will keep your name and address confidential on our secure database and process these in accordance with this Privacy Policy.

3. HOW WE USE THE INFORMATION WE RECEIVE

We use the information we receive about you in connection with the Services:

  • to ensure that content is presented in the most effective manner for you and for your computer;
  • to carry out our obligations arising from any contracts entered into between you and us;
  • to allow you to participate in interactive features of our services, when you choose to do so;
  • to notify you about changes to our Services;
  • to better understand the ways in which users interact with our site and Services; and
  • to promote our Services.

Your information is yours and we will never share it with advertisers.

[If you subscribe to our Services, you will be required to provide your name, address and card details, which will be passed immediately to our payment provider via a secure link. Your card details are not retained on our database. We will keep your name and address confidential on our secure database and process these in accordance with this Privacy Policy.]

4. COOKIES

Our site uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you use our site and also allows us to improve our site.

What are cookies?

A cookie is a small file of letters and numbers that we store on your browser on the hard drive of your computer if you agree. We use the following cookies:

  • Strictly necessary cookies: These are cookies that are required for the operation of our site. They include, for example, cookies that allow you to automatically sign in to our Services.
  • These cookies are used by Be A Gift to identify you as a user and to sign you in to the site or app. Until you sign out, you remain signed in to the Be A Gift app.
  • Analytical/performance cookies: They allow us to recognize and count the number of visitors and to see how visitors move around our site when they are using it. This helps us to improve the way our site works, for example, by ensuring that users are finding what they are looking for easily. The Company uses Google Analytics, a web analytics service provided by Google Inc. Google Analytics sets a cookie in order to evaluate use of those services and compile a report for us. Google Analytics will not collect your personal information.
  • Functionality cookies. These are used to recognize you when you return to our site. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site or make use of the Services.

5. WHERE WE STORE YOUR PERSONAL DATA

The data that we collect from you may be transferred to, and stored at Heroku, Inc. (web host); Stripe, Inc. (payment processor). Such staff may be engaged in processing your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Where we have given you (or where you have chosen) a password that enables you to access certain parts of our site, you are responsible for keeping this password confidential. Please do not share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use appropriate procedures and security features to protect your data, including against unauthorized access.

6. HOW LONG DO WE KEEP YOUR PERSONAL DATA?

If we or you terminate your account in accordance with section 10 of our Terms of Use, we will remove your profile from the system and anonymize all of your personal data, including your profile information. This means that your profile will no longer be accessible or identifiable by you, us or other users. However, certain past interactions with the system and other users will remain accessible (for example, when attached to another user's history or profile, e.g. where you have thanked that user).

We keep your personal data for as long as you are a user of our site or linked to another user or users of our site, as explained above.

7. DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries. We may disclose your personal information to third parties:

  • if you have consented to us sharing your personal information in this way;
  • if all, or substantially all of our assets are merged with or acquired by a third party, in which case your personal information may form part of the transferred or merged assets and you will be deemed to consent to this. If this happens, we will do our best keep you informed; or
  • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use or House Guidelines; or to protect the rights, property, or safety of Be A Gift, our users, or others.

8. CHANGES TO OUR PRIVACY POLICY

Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

9. CONTACT

Help on how you manage your personal profile on our site and the App is available through BeAGift.net. If you have any questions, comments and/or requests regarding this privacy policy, please contact us at Support@BeAGift.net.