TreGiv Terms and Conditions
Our terms of service describe what TreGiv does for you, and what we require of you as a user.
“Campaign”, “Event” and “Celebration” refers to celebrations and other events you support through use of our service.
“TreGiv” or “us” or “we” refer to the owner of the website, Tregiv Limited.
“Website” refers to https://www.tregiv.com/.
“You” and “your” refers to each user or viewer of the Website, including Receivers starting a campaign and Givers sending money to an event or celebration.
“Gift” refers to a financial donation.
• Online Giving – We operate a website that processes donations on behalf of the Campaigns featured on it. Please see https://www.tregiv.com/fees for details about our fees.
• User Conduct – If you sign up to host an event, pot/plant a giving tree or use any of our services, please be advised TreGiv will not tolerate, offensive, obscene, defamatory or threatening content on any part of its platform, any such content will be removed and your account closed. Please ensure the content you upload to the site, especially pictures, do not infringe another person’s copyright.
These terms and conditions govern your use of the TreGiv Website and its associated services. Please read these Terms carefully. By using the TreGiv website and/or and its associated services you agree to abide by TreGiv’s Terms and Conditions.
We reserve the right to amend these terms and conditions, the latest version of these terms and conditions govern use of the Website.
We may update these Terms from time to time. The latest version of these Terms will govern any future usage by you of the Website and its associated services. The date on which these Terms were last updated is stated at the start of this document.
About the Campaigns/Events/Celebrations featured on the Website:
The Website and its associated services allow you to give to and receive funds for any event or celebration listed on the Website. Every event or celebration featured has an agreement with TreGiv, authorising TreGiv to collect money on its behalf through Lemonway its payment platform provider. Events and celebrations are listed on this Website at TreGiv's discretion; however, we are not responsible for the activities of any event or celebration. You should read the description of them carefully and make your own decision regarding the authenticity and suitability of the recipient to receive your financial gift/donation, It is your responsibility to ensure that the person to which you give money to is the intended recipient.
- TreGiv’s campaign pages are not intended to raise money for charities.
- You should read the description of the campaign page carefully and make your own decision regarding the authenticity and suitability of the recipient to receive your gift. It is your responsibility to ensure that the person to which you give is the intended recipient.
Subject to the requirements of applicable local laws, and what we say below in relation to the TreGiv platform, once your gift/donation is made it will only be refunded to you with the prior written consent of the Campaign/Event creator to whom it has been directed. In the event all funds have been paid out and there are no funds available for refund, TreGiv reserves the right to invoice or direct debit the Campaign/Event for the amount of the refund and the campaign must agree to settle that invoice within one (1) month of the date of the invoice.
TreGiv will process your gift/donation via the payment method used at the time of giving.
NOTE: no donations will be refunded for any reason, subject to applicable local laws. Occasionally, the person who created the page to which you have donated/given to does not pass identity verification or other necessary checks, or there is some other reason that we cannot transfer the funds to them. If we are unable to transfer the funds to the event/celebration to which you gave money, we will return your gift/donation via the payment method from which you gave the money, less our processing fee. If we are unable to return your gift/donation via the payment method you used or if funds are unable to be refunded, TreGiv reserves the right to decide on appropriate further action, subject to the deduction of applicable transaction and payment processing fees.
Use of your Financial gift
TreGiv does not represent or warrant that your gifts/donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding an events/campaigns use of any gift/donation you may make through the Website or its associated services or websites powered by us or for any misuse or non-use of such gifts/donations by a user/campaign. After gifts/donations are made, all further dealings are solely between you and the campaign creator to which you sent the gift.
Please note that recipient TreGiv celebration/event campaign creators and organisations reserve the right to use your gift/donation for their general purposes in accordance with their wishes or practices and rules. TreGiv shall not be responsible for ensuring that funds are earmarked for a particular event. If you want a gift/donation to be used for a specific purpose or for a particular item or service, contact the user or organisation and make your donation directly to them.
TreGiv (or any payments processor or card brand we work with) will verify the identity of a TreGiv Celebration/Event page creator and undertake any other necessary checks before any campaigns are created and before any funds raised are transferred to the Campaign/Event owner. TreGiv shall have no liability to givers/donors whatsoever for any use or misuse of donations made to the TreGiv celebration/event page. The TreGiv celebration/event page may state that campaign owners will use gifts only for specific purposes, but TreGiv cannot guarantee that they will use them for such purpose. If you have any doubts as to how the money will be spent, you should contact the TreGiv celebration/event page owner directly to seek reassurance. It is your sole responsibility, as a user of the Website, to ensure that the Campaign/Event stated to be supported on a relevant TreGiv celebration/event page is one that you wish to support.
For information about our fees please see https://www.tregiv.com/fees
When you give money, the transaction is final and not disputable unless unauthorised use of your payment card or other payment method is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules. Similarly, if you experience any issues of this nature when using another payment method, such as PayPal, you should contact the provider of that payment method for assistance.
TreGiv will never email or phone you and ask you to provide all of your payment details.
Protecting your account
When you register with TreGiv and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password to prevent others gaining access to your personal information. If you become aware of any unauthorised use of your account, we recommend that you change your password immediately and call our helpdesk on the telephone number set out on the Contact Us Page.
TreGiv is not an accounting, taxation or financial advisor, and you should not rely on information given on the Website or its associated services to determine any consequences of giving a gift to a celebration or event.
- You must at all times use the TreGiv platform, website and its associated services in a responsible and legal manner and ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party.
- You must not upload offensive, obscene, racist, defamatory, misleading or deceptive content, including photographs, on to the Website or its associated services. TreGiv does not actively edit the Website but reserves the right to remove or edit any content posted on the Website or its associated services at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene, racist, defamatory, misleading, deceptive or otherwise inappropriate. If you notice any such content, please email us at .
- If creating any celebration/event page created on TreGiv, you must ensure that any information you provide to the public is accurate and not misleading. It is your responsibility to ensure that the content you are uploading on your page (“Content”), including pictures, photographs and any videos, is your original work and/or you have the right and/or licence necessary to upload it and it is not copyright-protected. If it is copyright-protected, you must obtain the copyright owner's written consent to use it. TreGiv reserves the right to remove any pictures, photographs, videos or copy from TreGiv celebration/event pages at its sole discretion and without notice if their copyright status is in any doubt. If you suspect a breach of copyright on the Website, please email us at firstname.lastname@example.org. Please note that by submitting and posting Content to the Website, you grant to TreGiv a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, modify, reproduce, publish, broadcast, display and distribute the Content in any format, using any medium, for the purpose of promoting TreGiv or a Campaign, or for any other purpose that we deem appropriate.
- You must not misrepresent your identity or affiliation with any other person or organisation.
- You must not use the Website to send junk email or “spam” to people who do not wish to receive email from you.
- You must not use the Website to conduct, display or forward surveys, pyramid schemes or chain letters.
- You must not use the Website to conduct, display or forward raffles, lotteries or contests.
- You must not interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the TreGiv systems.
- You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the site or any other web site.
- You must not attempt to bypass the network firewall.
- You must not use any party of the site which you are not authorised to use or devise ways to circumvent security in order to access part of the site which you are not authorised to access (includes scanning networks with intent to breach and/or evaluate security, whether or not the intrusion results in access).
- You must not use or attempt to use the site for any unlawful, criminal, or negligent purposes (includes password cracking, social engineering, denial-of-service attacks, harmful and malicious destruction of data, and intentional invasion of privacy).
- You must not disclose any information relating to any visitor/giver except with the consent of the visitor/giver or as permitted by applicable local laws.
TreGiv reserves the right to cancel your access and delete any TreGiv celebration/event page without notice in the event you fail to follow any of the above rules. TreGiv may also suspend or delete a TreGiv celebration/event page if the relevant celebration/event is no longer receiving gifts/donations via TreGiv or is no longer active.
Building a TreGiv celebration/event page in aid of a Cause in no way implies TreGiv's or the Campaign's endorsement of your TreGiv celebration/event page. Prior to commencing a campaign, It is your responsibility to ensure that the benefitting celebration/event has no objection to the nature of the proposed activity. TreGiv reserves the right, at its absolute discretion and without notice, to cancel your personal celebration/event page at the request of the recipient/individual of the campaign, in its absolute discretion, deems your campaign or actions inappropriate or unnecessarily dangerous.
The Website and its associated services contain links to other websites, including the websites of celebrations/events. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any direct transactions with other people or organisations are your own responsibility.
TreGiv may from time to time select partners offering relevant information and services that we believe will enhance the Website. Whilst we will do our best to select reputable partners of, we are not responsible for any of the information or services offered by them, and if you choose to use their services, you do so at your own risk.
The names TreGiv, the TreGiv logo and any other product and service names that we may present on the Website or its associated services from time to time may not be used in connection with any product or service that is not TreGiv’s, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit TreGiv. Other trademarks, service marks or logos that appear on the Website or its associated services, TreGiv celebration/event pages or other organisations, 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 TreGiv and the trademark owner.
All content on the Website and its associated services is owned by TreGiv.
TreGiv celebration/event page users or other original providers and is protected by the applicable intellectual property and proprietary rights and laws. 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, and that your usage complies with any requests you may receive from any person with rights in that content. No other use of the Website's and its associated services' content is permitted without the express prior permission of TreGiv, and, where applicable, the copyright holder.
Prohibition on data extraction and distribution
By visiting or using the Website or any of its associated services, you agree not to (and not to use any tool, program, script, browser extension or other technique, including bots, robots, spiders and scrapers and any similar tools or methods, in order to): (i) copy (except as authorised by these Terms), mirror, frame, index, scrape, mine or otherwise gather or extract any of the content or data from the Website or its associated services; or (ii) sell or distribute any data which is gathered or extracted in breach of these Terms, or which is based on or derived from any such data. TreGiv may take any measures it sees fit to block access to the Website and its associated services where it believes that these Terms have been or will be breached. You agree that you will not take any steps to try to circumvent these measures and that you will not take any steps to mask your IP address. You acknowledge and agree that where there is any actual or threatened breach of these Terms, damages may be an inadequate remedy and TreGiv shall be entitled, without prejudice to any other rights and remedies it may have, to seek an injunction or any other equitable relief for such breach. TreGiv may also request that you destroy any data you have gathered or extracted in breach of these Terms and you agree that you will comply with such request promptly and certify the same.
Inquiries and permission requests may be sent to email@example.com
Changes to the service
TreGiv reserves the right to modify, suspend or discontinue all or any part of the Website and its associated services at any time with or without notice. All new features, services or software applications shall be subject to these Terms.
Failure to comply with these Terms
In the event that you fail to comply with these Terms, TreGiv reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services.
You may discontinue use of the Website and associated services at any time. These Terms will continue to apply to your past use.
Disclaimer and Limitation of Liability
You agree that your use of the Website and its associated services is on an "as is" and "as available" basis and that your use of the Website and its associated services is at your sole risk. TreGiv does not warrant or guarantee continuous uninterrupted or secure access to our services and operation of the Website and associated services may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms and except for the rights, guarantees and remedies which cannot be excluded, TreGiv does not provide other conditions, guarantees, warranties or terms in relation to the Website or its associated services, to the extent permissible by law. TreGiv shall undertake general maintenance and upkeep of the Website from time to time. During these periods, the Website and its associated services may not be available for use. In exceptional circumstances, the Website and associated services may also become unavailable at other times.
If found liable, TreGiv shall only be liable under these Terms for direct losses which are reasonably foreseeable and caused by TreGiv’s uncured material breach of these Terms or TreGiv’s negligence. TreGiv's total liability to you arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the donations/gifts you have made using the Website in the preceding 12-month period, ending on the date the circumstances giving rise to TreGiv's liability arose.
In no event shall TreGiv be liable for losses relating to any business of yours or lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time, even if TreGiv has been advised of the possibility of such damages. YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.
Nothing in these Terms excludes any statutory rights which may apply to your use of the Website and associated services which cannot be excluded, restricted or modified by contract.
Third party rights
A person who is not a party to these Terms has no right to enforce any term of these Terms.
Governing law; Dispute resolution
These Terms and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by English law.
The parties agree to submit all unresolved disputes between them to arbitration administered by the International Centre for Dispute Resolution (“ICDR”) and governed by the ICDR Arbitration Rules (“ICDR Rules”) then in effect, except that either party may seek injunctive relief for infringement of intellectual property rights or other proprietary rights in court. For all arbitrated matters, one (1) arbitrator will be appointed under the ICDR Rules, and the locale of arbitration will be London, England, unless the parties mutually agree to another locale before appointment of the arbitrator.
Intellectual Property Complaints
TreGiv respects the intellectual property rights of others and requires those that visit the Website do the same. If you believe that your work has been used on the Platform in any manner that constitutes infringement, please notify us at firstname.lastname@example.org. The notice should include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the work you claim has been infringed, including a copy of the work or the web page address where the work may be found;
- Identification of the location on the Website of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorised by the owner, the agent of the owner or the law; and
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the owner of the material allegedly infringed or authorized to act on the owner’s behalf.
Users under 18
It is a condition of use of the Website that campaigns may only be created by users over the age of 18. Persons under the age of 18 may create an event pot using our Website only with parental consent and supervision.
Parents or Guardians may create an event pot on behalf of the minor but must create the account with their details and as such they will be bound by TreGiv’s terms and conditions.
ADDITIONAL TERMS AND CONDITIONS FOR CREATERS/PLANTERS OF EVENTS/TREES
If you create a TreGiv celebration/event page on the Website the following terms, in addition to the Terms and Conditions, will apply to your dealings with TreGiv in relation to the relevant TreGiv celebration/event page and your use of the Website and associated services. To the extent there is any conflict between these additional terms and the core Terms, these additional terms will prevail.
TreGiv agrees to:
- Operate the platform website and app so that givers can make online monetary gifts/donations by credit or debit card, or by another payment method available on the platform, through your TreGiv campaign page;
- Gift pots will be paid by bank transfer to your bank account, via TreGiv’s payment platform provider, provided that you have passed identity verification and other necessary checks.
- All givers/donors will have to submit to TreGiv and Lemonway’s, identity, anti-money laundering and fraud checks, in order give their financial gift/donation. (please see Lemonway’s Terms and conditions here).
- Givers will be asked to provide the following documentation electronically via the TreGiv platform;
- Proof of address
- Proof of identity
- If you do not pass these checks unfortunately you will be unable to gift money to campaigns.
- TreGiv will not charge for these checks and the checks in most case will be performed in minutes.
- Implement and maintain industry standard safeguards designed to protect against unauthorised access or use of (i) givers/donors' credit and debit card information, and other financial information associated with other payment types.
Support and Gift/Donation Acknowledgements
TreGiv will respond, by email to givers/donors' and planters/visitors’ enquiries.
TreGiv will collect personal information from visitors/users including but not limited to the users's/visitors name, title, address and email address ("Personal Information") at all times in accordance with applicable laws, including the EU General Data Protection Regulation and the UK Data Protection Act 2018 ("Privacy Laws") and protect and secure such information.
You and TreGiv will comply with all applicable laws.
TreGiv does not review or exercise any editorial control over the content of information on your TreGiv campaign page. In the event that TreGiv is made aware of or has knowledge of any unlawful activity or information on the platform, Website or App or associated services, TreGiv will remove or disable access to the information and account. TreGiv shall not be liable to you or the TreGiv campaign page as a result of its role hosting your TreGiv campaign page on the Website or App.
Licence of Trademark and Copyrighted Material
You hereby grant to TreGiv, its affiliates and its partners a non-exclusive license to use any of your TreGiv celebration/event page's trademarks and any copyrighted material on your page (including images and videos or any link to the same) solely in connection with the Website and associated services and its operation and promotion and for no other purpose whatsoever.
The parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of the TreGiv Website and associated services and which is not in the public domain. No party shall use or disclose to any third party such information belonging to the other party without that party's prior written consent, except where (i) required to do so by applicable law, including, without limitation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, or regulatory or governmental body or (ii) those third parties operating under non-disclosure provisions no less restrictive than those set forth in this agreement and who have a justified business “need to know.”. This paragraph shall survive termination of these Terms. For the avoidance of doubt, Personal Information shall be treated in accordance with Applicable Laws and shall not be considered “confidential information” belonging to a party unless it is the Personal Information of a User/Planter.
TreGiv reserves the right, at its sole discretion, to immediately and without notice suspend or permanently deny your access to all or part of the TreGiv Website and associated services. The obligations contained herein will continue to apply to your past use.
Upon termination or suspension or denial of access to the TreGiv Website and associated services, funds already received on your behalf by TreGiv will be handled in accordance with the provisions above, provided that any potential payment (where applicable) may be delayed where TreGiv conducts an investigation regarding your use of the Website and associated services and TreGiv may decide to refuse to pay funds across to you where you have breached these Terms or your TreGiv celebration/event page has been removed. In such circumstances TreGiv may authorise a refund of donations to donors.