Terms of Service
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time and without notice.
When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision.
Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service.
To the extent allowed by law, the English version of these Terms of Service is binding and their translations in other languages are
for convenience only; in case of discrepancies between the English version of these Terms of Service and their translations, the English
version shall prevail. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.
On giftmycarer.co.uk we use publicly available information about care homes, such as name, address, phone number, e-mail address.
If you believe an address needs to be confidential to protect people who use your service. In this exceptional circumstance you must
email giftmycarer@gmail.com to discuss.
ACCESS AND USE OF THE SERVICES
The Services Description: The Services are offered as a platform to allow an individual that is wokring, or used to work in a care home/nursing home in the UK (the “Carer”)
to create a profile and accept monetary donations (“Gift”) from donors (“Visitor”). Payment Processor: GiftMyCarer is not a payment processor.
Instead, GiftMyCarer uses third-party payment processing partners to process "Gifts" for a "Carer" (“Payment Processor”). You acknowledge
and agree that the use of Payment Processors is integral to the Services and that we exchange information with Payment Processors in order to
facilitate the provision of the Services.
Transaction Fee:
Carers receive full 90% from the Gift, GiftMyCarer keeps 10% commissions deducted from each Gift.
Payment Processor fee is 20p + 1.5% for standard UK cards / 20p + 2.5% for EU cards paid by GiftMyCarer.
GiftMyCarer is paying transaction fee to Payment Processor on each Gift.
Carer can choose to verify their profile for 1,20£ including VAT and then send a proof to GiftMyCarer that they are, or used to be a care assistant.
Verified profiles will then unlock other benefits.
The Services are Platforms; We are not a Broker, Financial Institution, Creditor or Charity: The Services are administrative platforms only.
GiftMyCarer facilitates the "Carer" and permits "Visitor" or anyone else to send "Gift" to a Carer of their choice. GiftMyCarer is not a broker, agent,
financial institution, creditor or 501(c)(3) non-profit corporation.
All information and content provided by GiftMyCarer relating to the Services is for informational purposes only, and GiftMyCarer does not guarantee
the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal,
tax or other professional advice. Before making any decisions regarding sending a Gift to a Carer using our Services, you should consult your financial,
legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
GiftMyCarer has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the
fullest extent permitted by applicable law. We do not guarantee that a Carer will obtain a certain amount of "Gifts" or any "Gifts" at all.
We do not endorse any Carer and we make no guarantee, express or implied, that any information provided through the Services
is accurate. We expressly disclaim any liability or responsibility for the outcome or success of receiving Gift of any Carer. You, as a Visitor, must make the final
determination as to the value and appropriateness of contributing to any Carer.
No Solicitation: The Platform is offered to help Carers receive money as a Gift. GiftMyCarer merely provides the technology to allow "Visitors" or any user to connect
with "Carers". The existence of the Services is not a solicitation of Gift by GiftMyCarer, and GiftMyCarer does not engage in any solicitation activities,
or consult on the solicitation of contributions from the public, on behalf of any "Carer", individual, entity or organisation. By using the Services, you
understand and agree that GiftMyCarer shall not be responsible for the use of your Gifts or the amount of Gifts received by "Carers".
"Visitors": All "Visitors" are at your own risk. When you send a Gift through the GiftMyCarer Platform, it is your responsibility to understand how your
money will be used. GiftMyCarer is not responsible for any offers, promises, rewards or promotions made or offered by "Carers"; such conduct violates
these Terms of Service. We do not and cannot verify the information that "Carers" provide on registration, such as place of work, name, age.
Notwithstanding the foregoing, we take possible fraudulent activity very seriously. If you have a reason to believe that a "Carer"
is not supposed to be on our platform, has an inaccurate information or inappropriate picture, please use the Contact page to contact us and we will investigate.
GiftMyCarer makes no representation as to whether all or any portion of the "Gifts", including, if any, Transaction Fees, are tax deductible or
eligible for tax credits. GiftMyCarer will have no liability for any claim by any national, federal, state, regional, provincial, territorial, local
or any other tax authority with respect to the characterisation on any applicable tax return of any "Gift" by "Carer", "Visitor" or anyone else.
Your Registration Obligations: You may be required to register with GiftMyCarer to access and use certain features of the Services. If you choose
to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself. "Carers" and "Visitors"
must register using their true identities, including their name, address and any image. You agree to keep registration information current and up to date.
Registration data and certain other information about you are governed by these Terms of Service, including our Privacy Policy. If you are under 16 years
of age, you are not authorised to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction
(typically 18 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian.
Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g. Payment Processors),
with whom GiftMyCarer has entered into contracts, in order to be able to benefit from their services. If GiftMyCarer or our Payments Processors at
any time discovers that the information you provided about you in "Carer's" or "Visitor's" account is incorrect or violates any of these Terms of Service or their
terms of service, your access to the Services may be immediately suspended and/or terminated and fines may be applied by relevant authorities,
which will in all such cases be payable by you.
Taxes. GiftMyCarer does not withhold funds for tax purposes or otherwise. "Visitors" and users will be solely responsible for taxes based on
applicable international, federal, state, regional, local or any other taxes or levies, or for any applicable taxes based on their net income
or gross receipts (if any).
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are
fully responsible for any and all activities that occur under your password or account. You agree to: immediately notify GiftMyCarer of any
unauthorised use of your password or account or any other breach of security; and sign out from your account at the end of each session when
accessing the Services. GiftMyCarer will not be liable for any loss or damage arising from your failure to comply with this section.
Modifications to the Services: GiftMyCarer reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof)
at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or
losses resulting therefrom.
Public Content; Public Display of Information and Gifts. If registered as a "Carer" your profile picture, your name, place of work and your age is public,
althought you can choose to hide your age. As a "Visitor" or user your information is not public. When sending a Gift you can write your name and a comment that
only the "Carer" you are sending the Gift to would be able to see. You can also choose to "hide your name", and the gift will be shown as "annonymous".
We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that
you submit through the Services. Please see our Privacy Policy for information on the ways that we may collect, use, and store certain information about you
and your use of the Services.
"Carehome of the day" board is showing the number of Gifts that registered "Carers", who assigned themselves into this care home have received Today, Last 30 days and All time.
"Carers" can delete their account or hide their account from public so when you enter a Care home profile, and even if on the "Carehome of the day" board
it's showing for example 100 Gifts, the profile of the "Carer" that has received the 100 Gifts, might not be visible.
"Visitor of the day" board is showing the number of Gifts that registered "Visitors" and unregistered users have sent. Users and "Visitors" will be show as "Visitor".
Sales Prohibited on the Platform: You are not permitted to offer any good or service in exchange for a Gift on the Platform.
Data Retention: You acknowledge that GiftMyCarer has no obligation to you to retain data relating to any account "Carer" or "Visitor".
You acknowledge that GiftMyCarer reserves the right to delete data or to terminate accounts or "Carer" or "Visitor" at any time and for any reason,
with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
Registering as a "Carer" you agree your profile will be shown in the care home profile you've chosen and you are aware it's address is public.
You can hide your profile using the "Hide profile" option from your profile setting, or delete your account anytime you want.
PROHIBITED CONDUCT
You are solely responsible for compliance with all applicable law in relation to receiving or sending Gifts and the use of the Services.
Without limiting the foregoing, you agree and represent, warrant and covenant:
Not to use the Services with the implicit or explicit purpose of promoting or involving:
the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card
providers and transaction processors that you use in connection with the Services;
offensive, graphic, perverse or sensitive or sexual content;
human trafficking or exploitation, vigilantism, bribes or bounty;
User Content that reflects, incites or promotes behavior that we deem, in our sole discretion, to be an abuse of power or in support of terrorism, hate, violence,
harassment, bullying, discrimination, terrorist financing, or intolerance of any kind/reflects an abuse of power relating to race, ethnicity, national origin,
religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, disabilities or diseases;
the legal defence of alleged financial and violent crimes;
User Content that reflects suicide or self-harm;
publication of User Content (such as mug shots) that causes reputational harm;
gambling, gaming and/or any other activity with an entry fee and a prize including, but not limited to raffles, casino games, sports betting, fantasy sports,
horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance
(whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards or sweepstakes
the aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
annuities, investments, loans, equity or lottery contracts, HP system, off-short banking or similar transactions, money service businesses
(including currency exchanges, cheque cashing or the like), pyramid schemes, “get rich quick schemes” (i.e. investment opportunities or other services,
that promise high rewards), network marketing and referral marketing programmes, debt collection or crypto-currencies;
products or services that directly infringe or facility infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights
of any third party;
the unauthorised sale or resale of goods or services;
any other activity that GiftMyCarer may deem, in its sole discretion, to: be unacceptable or objectionable; restrict or inhibit any other person from using
or enjoying the Services; or expose GiftMyCarer, its employees or Users to any harm or liability of any type.
not to use the Services to transmit or otherwise upload any User Content that: infringes any intellectual property or other proprietary rights
of any party; you do not have a right to upload under any law or under contractual or fiduciary relationships; contains software viruses or any other
computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications
equipment; poses or creates a privacy or security risk to any person; or constitutes unsolicited or unauthorised advertising, promotional materials,
commercial activities and/or sales, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “contests”, “sweepstakes” or any other form of solicitation;
not to interfere with or disrupt servers or networks connected to or used to provide the Services or their respective features, or disobey any requirements,
procedures, policies or regulations of the networks connected to or used to provide the Services;
not to harvest, collect or publish personally identifiable information of others;
not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent
of that third party
not to use another User’s account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation
with a person or entity, misrepresent a "Carer" or "Visitor" through the Services, or post User Content in any inappropriate category or areas on the Services;
not to create any liability for GiftMyCarer or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company
or any other vendors or suppliers;
not to gain unauthorised access to the Services, or any account, computer system, or network connected to the Services, by any unauthorised or illegal means;
not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contain
advertising, except that using the Services for fundraising activities in accordance with these Terms of Service is expressly permitted;
not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services;
Additionally, with respect to all Gifts you make or accept through the Services, you agree and represent, warrant and covenant:
- not to make or accept any Gifts that you know or suspect to be erroneous, suspicious or fraudulent;
- to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation,
adhering to any security procedures and controls required by GiftMyCarer from time to time;
- to maintain a copy of all electronic and other records related to "Carers" and "Gifts" as necessary for GiftMyCarer to verify compliance with these
Terms of Service and make such records available to GiftMyCarer upon our request. For clarity, the foregoing does not affect or limit your obligations to
maintain documentation as required by applicable laws, rules, regulations, or governmental authority;
GiftMyCarer reserves the right to refuse, condition, or suspend any Gifts or other transactions that we believe in our sole discretion may violate these
Terms of Service or harm the interests of our Users, business partners, the public, or GiftMyCarer, or that expose you, GiftMyCarer, or others to risks
unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority,
or law enforcement agency consistent with our Privacy Notice. This information may include information about you, your account, received/sent Gifts.
GIFT CONDUCT
Gifts: In order to be able to receive a Gift, "Carers" will be required to provide their Bank Account details required by the Payment Pocessor.
You, as a "Carer", represent and warrant to GiftMyCarer that such information is true, current and accurate and that you are authorised to use the applicable
Payment Instrument.
You agree that a certain minimum Gift amount may apply, and that all Gifts are final and will not be refunded unless GiftMyCarer,
in its sole discretion, agrees to issue a refund.
GiftMyCarer uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Gifts made, and "Visitors",
users acknowledge that by sending a Gift to a "Carer", the "Visitor" agrees to the processing, use, transfer or disclosure of data by the Payment Processors
pursuant to these Terms of Service as well as any and all applicable terms set forth by our payment partners.
After a Gift has been sent, Payment Processor will need time to preccess the money. "Carer" will receive money in their bank account up to 30 days after
a Gift has been sent (usually 7).
You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade
secret or other proprietary rights and laws. Except as expressly authorised by GiftMyCarer, you agree not to modify, copy, frame, scrape, rent, lease, loan,
sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to
your own User Content that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining,
spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by GiftMyCarer from accessing the Services (including by
blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g. by masking your IP address or using a proxy IP address).
Any use of the Services or the Services Content other than as specifically authorised herein is strictly prohibited. The technology and software underlying
the Services or distributed in connection therewith are the property of GiftMyCarer, our affiliates and our partners. You agree not to copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any
right in the Software. Any rights not expressly granted herein are reserved by GiftMyCarer.
The GiftMyCarer name and logos are trademarks and service marks of GiftMyCarer. Other company, product, and service names and logos used and displayed
via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to GiftMyCarer.
Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any
of GiftMyCarer Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of
GiftMyCarer Trademarks will inure to our exclusive benefit.
Copyright or Trademark Complaints: GiftMyCarer respects the intellectual property of others, and we ask our Users to do the same. If you believe that your
work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should
notify GiftMyCarer of your infringement claim in accordance with the phone number provided in "Contact us".
THIRD-PARTY WEBSITES/SERVICES
The "Carers" may provide links in their "About me", "Visitors" and users may provide link in their comments, that allow you to access other sites,
services and resources provided by third parties. GiftMyCarer has no control over such Third Party Resources or any products, services or content made
available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and GiftMyCarer is not
responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge that GiftMyCarer
is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Resources.
You further acknowledge and agree that GiftMyCarer will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such Third Party Resources.
Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided
by the third party, which you agree to by using such Third Party Resources.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GIFTMYCARER AND ITS AFFILIATES EXPRESSLY
DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
GIFTMYCARER AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GIFTMYCARER NOR ITS AFFILIATES WILL BE LIABLE FOR ANY:
(I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES; (II) DAMAGES FOR LOSS OF PROFITS;, (III) DAMAGES FOR LOSS OF GOODWILL;,
(IV) DAMAGES FOR LOSS OF USE; (V) LOSS OR CORRUPTION OF DATA; OR (VI) OTHER INTANGIBLE LOSSES (EVEN IF GIFTMYCARER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES;
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (D)
UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (F) ANY OTHER MATTER
RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GIFTMYCARER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES
(INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GIFTMYCARER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
TERMINATION
You agree that GiftMyCarer, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and
remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party
for any claims, damages, costs or losses resulting therefrom.
USER DISPUTES
You agree that you are solely responsible for your interactions with any other user in connection with the Services and GiftMyCarer will have no liability
or responsibility with respect thereto. GiftMyCarer reserves the right, but has no obligation, to become involved in any way with disputes between you and
any other user of the Services.
PRIVACY POLICY
At GiftMyCarer, we respect the privacy of our Users. For details please see our Privacy Notice. By using the Services, you consent to our collection and use
of personal data as outlined therein. By using the Services, you acknowledge GiftMyCarer’s collection and use of personal information as described in the
Privacy Notice.
