Terms and Conditions

These terms and conditions, together with the privacy policy available at www.givewisely.io/privacy-policy (the “Privacy Policy” and, collectively with these terms and conditions, the “Terms”), govern your use (whether as a registered member or donor or otherwise) of the Website (as defined below) and your relationship with Give Wisely (German charity with registration number 1128374 and registered at Anklamerstr. 25, 10115 Berlin, Germany) (“GW”). Please read these Terms carefully. By registering as a member with, or donating to, GW, or by using the Website, you confirm that you agree with these Terms and these Terms will form a contractual agreement between you and GW. If you have any questions regarding these Terms, please email GW at [email protected]. If you do not agree to these Terms, you should not use the Website, register as a member with, or donate to, GW.

These Terms were created on 20 October 2020. GW may modify, vary, amend or supplement these Terms from time to time. You are responsible for reviewing the latest version of these Terms when you access the Website or when registering as a member with, or donating to, GW. The latest version of these Terms will govern any future usage by you of the Website or any donations and registrations. Copies of the latest version of these Terms will be available on the Website and upon request.

Every time you wish to use the Website or donate to GW, please check these Terms to ensure you understand and agree with them. These terms and conditions were last updated on 20 October 2020.

Terms and Conditions

Every time you wish to use the Website or donate to GW, please check these Terms to ensure you understand and agree with them. These terms and conditions were last updated on 20 October 2020.

Definitions and interpretation

In these Terms the following definitions have the following meanings:

“Applicable Data Protection Laws” means any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding instrument of the state within the European Economic Area in which a Supporter resides which implements the Data Protection Directive (95/46/EC), the e-Privacy Directive (2002/58/EC) (including any amendments or replacement thereof) and the General Data Protection Regulation (2016/679) once it takes effect (in each case as amended, consolidated, re-enacted or replaced from time to time), or any equivalent law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding instrument in any other jurisdiction;

“Charity” or “Charities” means organisations and entities (which shall include, but is not limited to, registered and unregistered social enterprises, not-for-profits, companies, community interest companies, partnerships and any unincorporated organisations) that undertake charitable activities and/or pursue charitable objects;

“Donation” means a donation from a Supporter to GW;

“Eligible Charity” means, at the relevant time, a Charity validated and approved by GW for Supporters to donate funds in support of, as listed and described on the Website;
“Fund” means a ‘fund’ established by GW to focus on a specific charitable theme or thesis and pool together Donations in support of such charitable theme or thesis;
“Fund Manager” means a specific fund manager who recommends how the pool of Donations made to a specific Fund should be allocated between Recommended Fund Recipients;
“Fund Manager Recommendation” means a recommendation by a Fund Manager for a grant to be made by GW to a Recommended Fund Recipient using Donations pooled for the relevant Fund;
“THE FINANZAMT” means HM Revenue and Customs;
“Payroll Giving” means a scheme whereby employees donate to charities through a ‘Payroll Giving’ scheme set up by their employer, such donations being automatically deducted from the employees’ salaries through the payroll before the deduction of tax;
“Payroll Giving Agency” means an THE FINANZAMT approved agency that collects Payroll Giving donations from employers and distributes such donations on to relevant charities;
“Recommended Fund Recipient” means a Charity working within a Fund’s specific charitable theme or thesis;
“Supporter” means a donor who makes a donation to GW in support of any of its Eligible Charities and/or Funds; and
“Website” means the website and webpages hosted under the parent domain ‘givewisely.io’ and any subdomains, including but not limited to www.givewisely.io and www.givewisely.io

⦁ In this Agreement (except where the context otherwise requires):

any reference to a paragraph, unless the context otherwise requires, is to the relevant paragraph of these Terms;
the headings of these Terms are included for convenience purposes only and shall not affect the interpretation of these Terms;
use of the singular includes the plural and vice versa;
any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, limited liability companies, associations, organisations, governmental authorities, foundations and trusts (in each case whether or not having separate legal personality);
any reference to a statute, statutory provision or subordinate legislation shall, except where the context otherwise requires, be construed as referring to such legislation as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation;
any reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to what most nearly approximates in that jurisdiction to the English legal term;
any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
reference to “writing” or “written” includes email.

Definitions and interpretation

In these Terms the following definitions have the following meanings:

“Donation” means a donation from a Supporter to GW;

“Eligible Charity” means, at the relevant time, a Charity validated and approved by GW for Supporters to donate funds in support of, as listed and described on the Website;
“Fund” means a ‘fund’ established by GW to focus on a specific charitable theme or thesis and pool together Donations in support of such charitable theme or thesis;
“Fund Manager” means a specific fund manager who recommends how the pool of Donations made to a specific Fund should be allocated between Recommended Fund Recipients;
“Fund Manager Recommendation” means a recommendation by a Fund Manager for a grant to be made by GW to a Recommended Fund Recipient using Donations pooled for the relevant Fund;
“THE FINANZAMT” means HM Revenue and Customs;
“Payroll Giving” means a scheme whereby employees donate to charities through a ‘Payroll Giving’ scheme set up by their employer, such donations being automatically deducted from the employees’ salaries through the payroll before the deduction of tax;
“Payroll Giving Agency” means an THE FINANZAMT approved agency that collects Payroll Giving donations from employers and distributes such donations on to relevant charities;
“Recommended Fund Recipient” means a Charity working within a Fund’s specific charitable theme or thesis;
“Supporter” means a donor who makes a donation to GW in support of any of its Eligible Charities and/or Funds; and
“Website” means the website and webpages hosted under the parent domain ‘givewisely.io’ and any subdomains, including but not limited to www.givewisely.io and www.givewisely.io

⦁ In this Agreement (except where the context otherwise requires):

any reference to a paragraph, unless the context otherwise requires, is to the relevant paragraph of these Terms;
the headings of these Terms are included for convenience purposes only and shall not affect the interpretation of these Terms;
use of the singular includes the plural and vice versa;
any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, limited liability companies, associations, organisations, governmental authorities, foundations and trusts (in each case whether or not having separate legal personality);
any reference to a statute, statutory provision or subordinate legislation shall, except where the context otherwise requires, be construed as referring to such legislation as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation;
any reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to what most nearly approximates in that jurisdiction to the English legal term;
any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
reference to “writing” or “written” includes email.

What is GW

GW is a charity founded in 2020 with the charitable objects of such charitable purposes as the trustees of GW may from time to time determine (provided such objects are for the public benefit and are for exclusively charitable purposes in accordance with the law of Germany).
GW aims to grow and maintain the effective altruism movement. Its mission is to form a global community which allows it to share information on how and where to give donations to help people and causes and to create a culture of giving more, and more effectively. GW aims to inspire people to make charitable donations to the most effective organisations and areas of need so that donations have the greatest impact possible.
GW currently allows supporters to allocate donations through:
Supporters can select particular Eligible Charities to which they wish their Donation to be allocated (note that, currently, GW itself is also an Eligible Charity). GW aims to determine that the Eligible Charities are cost-effective and in support of GW’s charitable objectives. GW selects Eligible Charities based the evaluation done by GiveWell.org, which in turn bases it on:
its evaluation of the problems a Charity seeks to solve and the cost-effectiveness of the type of work carried out by such Charity to solve such problems; and
its assessment of recommendations of other reputable organisations and individuals who undertake similar research and evaluation to that described at (i) above; or
Supporters can select a Fund or Funds to which they wish their Donation to be allocated in support of Recommended Fund Recipients. GW makes an onward grant to a Recommended Fund Recipient using Donations allocated to the relevant Fund following a GW approved Fund Manager Recommendation. Each Fund Manager will have different criteria for determining how and when they make Fund Manager Recommendations and the Website should be consulted for further information on this. Fund monies remain with GW until the relevant Fund Manager makes a Fund Manager Recommendation. Once a Fund Manager recommendation is made GW’s trustees must approve the relevant Fund Manager Recommendation before GW makes a grant of the Fund money to the relevant Recommended Fund Recipient. The current Funds established by GW are the ‘Global Health and Development Fund’, the ‘Animal Welfare Fund’, the ‘Long-Term Future Fund’ and the ‘Effective Altruism Community Fund’, though the funds may change or expand over time.
The services provided by GW include the choosing of Eligible Charities to support, processing Donations, managing the collection of Gift Aid from the Government and making grants to Eligible Charities or Recommended Fund Recipients (in the case of Recommended Fund Recipients in accordance with approved Fund Manager Recommendations).

What is GW

GW is a charity founded in 2020 with the charitable objects of such charitable purposes as the trustees of GW may from time to time determine (provided such objects are for the public benefit and are for exclusively charitable purposes in accordance with the law of Germany).
GW aims to grow and maintain the effective altruism movement. Its mission is to form a global community which allows it to share information on how and where to give donations to help people and causes and to create a culture of giving more, and more effectively. GW aims to inspire people to make charitable donations to the most effective organisations and areas of need so that donations have the greatest impact possible.
GW currently allows supporters to allocate donations through:
Supporters can select particular Eligible Charities to which they wish their Donation to be allocated (note that, currently, GW itself is also an Eligible Charity). GW aims to determine that the Eligible Charities are cost-effective and in support of GW’s charitable objectives. GW selects Eligible Charities based the evaluation done by GiveWell.org, which in turn bases it on:
its evaluation of the problems a Charity seeks to solve and the cost-effectiveness of the type of work carried out by such Charity to solve such problems; and
its assessment of recommendations of other reputable organisations and individuals who undertake similar research and evaluation to that described at (i) above; or
Supporters can select a Fund or Funds to which they wish their Donation to be allocated in support of Recommended Fund Recipients. GW makes an onward grant to a Recommended Fund Recipient using Donations allocated to the relevant Fund following a GW approved Fund Manager Recommendation. Each Fund Manager will have different criteria for determining how and when they make Fund Manager Recommendations and the Website should be consulted for further information on this. Fund monies remain with GW until the relevant Fund Manager makes a Fund Manager Recommendation. Once a Fund Manager recommendation is made GW’s trustees must approve the relevant Fund Manager Recommendation before GW makes a grant of the Fund money to the relevant Recommended Fund Recipient. The current Funds established by GW are the ‘Global Health and Development Fund’, the ‘Animal Welfare Fund’, the ‘Long-Term Future Fund’ and the ‘Effective Altruism Community Fund’, though the funds may change or expand over time.
The services provided by GW include the choosing of Eligible Charities to support, processing Donations, managing the collection of Gift Aid from the Government and making grants to Eligible Charities or Recommended Fund Recipients (in the case of Recommended Fund Recipients in accordance with approved Fund Manager Recommendations).

Making a donation

⦁ All Donations are donations to GW in support of the Eligible Charities or the Funds (in support of Recommended Fund Recipients). GW will deal with the Donations, including payment to Eligible Charities and Recommended Fund Recipients in accordance with these Terms. ⦁ Supporters may make Donations through our platform to Eligible Charities online via the Website, by way of bank transfer, or through Payroll Giving, as follows:

if making a Donation online via the Website, a Supporter must provide the following information on the donation page of the Website: (i) their name and email address (ii) the Eligible Charities they would like to support and, if relevant, allocations, and, if applicable, (iii) a Gift Aid declaration and home address details (see further paragraph 6 below). The Supporter may then proceed to make their Donation through the Website by way of any of the payment methods listed on the Website;
if making a Donation by way of bank transfer, GW requests that the Supporter provides and submits the information on the donation page at the Website (set out at paragraph 3.2(a) above), following which an email containing a ‘payment reference’ will be generated. The Supporter should quote the payment reference as a reference if making a bank transfer to allow GW to identify the allocations in respect of the Donation; and
if making a Donation through Payroll Giving, the following details may need to be provided to the employer/relevant Payroll Giving Agency:

When completing a Payroll Giving application, a Supporter may include an indication of their chosen Eligible Charities and/or Funds and, if relevant, allocations. A Supporter may otherwise email GW at ⦁ donations@⦁ givewisely.io to provide such information. Note that GW will not claim Gift Aid on Donations made through Payroll Giving, as such donations do not qualify for Gift Aid. However, Payroll Giving donations are made prior to the deduction of tax and so a Supporter could make a larger Donation to GW than if donating in normal circumstances, to leave GW and the Supporter in the same ultimate position.
A Supporter may choose to set up a recurring Donation to GW in support of its chosen Eligible Charities and/or Funds through the above methods. If a Supporter has set up a recurring Donation, they may change their chosen Eligible Charities and/or Funds and, if relevant, allocations by emailing GW at [email protected]. If the relevant chosen Eligible Charities or Funds in respect of a recurring Donation GWse to be Eligible Charities or Funds whilst the recurring Donation is ongoing (e.g. for no longer meeting GW’s diligence requirements), then:
GW will use reasonable endeavours to contact the Supporter, so that the Supporter may choose alternative Eligible Charities or Funds for their Donation to support; and
if GW is unable to contact the Supporter or does not receive a response from the Supporter within 10 business days, a recurring Donation shall be allocated amongst the Eligible Charities or Funds as per paragraph 3.6 below.
Recurring Donations will continue until the Supporter cancels the Donation by cancelling the relevant recurring payment method and/or contacting GW at [email protected].
If a Supporter does not provide any information in relation to a Donation regarding preferred Eligible Charities and/or Funds, GW will grant the Donation to the Eligible Charities and/or allocate the Donation to any of the Funds as it decides in its absolute discretion.
Donations are made to GW in support of the Eligible Charities and/or the Funds (in support of Recommended Fund Recipients) and/or GW itself. After making deductions for applicable fees and charges (as further described in paragraph 4 below), and subject to paragraphs 3.7 and 3.8 below, GW will (other than in respect of any amount of a Donation allocated by the Supporter to GW itself): (a) make a grant of an amount equal to the Donation, including where applicable any associated Gift Aid, to the Supporter’s chosen Eligible Charities, and/or (b) allocate the Donation, including, where applicable, Gift Aid, to the Supporter’s chosen Fund(s) for onward grant to Recommended Fund Recipients by GW (following a GW-approved Fund Manager Recommendation), in each case for use by the relevant Eligible Charities and Recommended Fund Recipients in furtherance of the specified charitable activities agreed through the due diligence process and in accordance with the relevant grant agreements entered into between GW and the relevant Eligible Charities and Recommended Fund Recipients. GW will have regard to Supporters’ preferred Eligible Charities and/or Funds in determining any grant to, and/or allocation of Donations between, the Eligible Charities and Funds (as applicable), but each Supporter acknowledges and agrees that GW has the ultimate discretion on the allocation and/or grant of all Donations (including any associated Gift Aid). In the rare event that GW does not grant and/or allocate a Donation to a Supporter’s chosen Eligible Charities and/or Funds, GW will pass the relevant Donation to alternative Eligible Charities and/or Funds or GW may retain the funds. In any event, GW will use all Donations in a manner that furthers its charitable objects. See paragraph 5 regarding refunds on Donations.
GW may refuse to process any transactions (made through the Website or otherwise) for any reason it may decide is appropriate (at GW’s absolute discretion), including, if in its opinion:
such transactions are unlawful and/or related to fraudulent activities (and GW shall report any unlawful or fraudulent activity to the appropriate authorities);
such transactions have not been properly authorised by the relevant persons;
the information provided to GW in respect of such transaction is untrue and/or incorrect; or
in respect of the onward grant of Donations, including where applicable associated Gift Aid, to Eligible Charities and Recommended Fund Recipients:
the Eligible Charity or Recommended Fund Recipient is no longer operating or undertaking the specified charitable activities validated or approved by GW
GW determines that the Eligible Charity no longer meets GW’s criteria to be an Eligible Charity;
GW is not satisfied that the funds donated, or to be donated, are being or will be spent to further GW’s charitable objects;
the reporting obligations of the chosen Eligible Charity or Recommended Fund Recipient have not been complied with; and/or
GW’s Eligible Charities have changed.
To the extent permissible under applicable law and subject to paragraph 9.3, GW accepts no responsibility or liability to Supporters for the manner in which Eligible Charities or Recommended Fund Recipients use any funds received from GW or in respect of the activities of the Eligible Charities or Recommended Fund Recipients. GW does not warrant that Donations will be used by Eligible Charities or Recommended Fund Recipients for any particular purpose.

Making a donation

if making a Donation online via the Website, a Supporter must provide the following information on the donation page of the Website: (i) their name and email address (ii) the Eligible Charities they would like to support and, if relevant, allocations, and, if applicable, (iii) a Gift Aid declaration and home address details (see further paragraph 6 below). The Supporter may then proceed to make their Donation through the Website by way of any of the payment methods listed on the Website;
if making a Donation by way of bank transfer, GW requests that the Supporter provides and submits the information on the donation page at the Website (set out at paragraph 3.2(a) above), following which an email containing a ‘payment reference’ will be generated. The Supporter should quote the payment reference as a reference if making a bank transfer to allow GW to identify the allocations in respect of the Donation; and
if making a Donation through Payroll Giving, the following details may need to be provided to the employer/relevant Payroll Giving Agency:

When completing a Payroll Giving application, a Supporter may include an indication of their chosen Eligible Charities and/or Funds and, if relevant, allocations. A Supporter may otherwise email GW at ⦁ donations@⦁ givewisely.io to provide such information. Note that GW will not claim Gift Aid on Donations made through Payroll Giving, as such donations do not qualify for Gift Aid. However, Payroll Giving donations are made prior to the deduction of tax and so a Supporter could make a larger Donation to GW than if donating in normal circumstances, to leave GW and the Supporter in the same ultimate position.
A Supporter may choose to set up a recurring Donation to GW in support of its chosen Eligible Charities and/or Funds through the above methods. If a Supporter has set up a recurring Donation, they may change their chosen Eligible Charities and/or Funds and, if relevant, allocations by emailing GW at [email protected]. If the relevant chosen Eligible Charities or Funds in respect of a recurring Donation GWse to be Eligible Charities or Funds whilst the recurring Donation is ongoing (e.g. for no longer meeting GW’s diligence requirements), then:
GW will use reasonable endeavours to contact the Supporter, so that the Supporter may choose alternative Eligible Charities or Funds for their Donation to support; and
if GW is unable to contact the Supporter or does not receive a response from the Supporter within 10 business days, a recurring Donation shall be allocated amongst the Eligible Charities or Funds as per paragraph 3.6 below.
Recurring Donations will continue until the Supporter cancels the Donation by cancelling the relevant recurring payment method and/or contacting GW at [email protected].
If a Supporter does not provide any information in relation to a Donation regarding preferred Eligible Charities and/or Funds, GW will grant the Donation to the Eligible Charities and/or allocate the Donation to any of the Funds as it decides in its absolute discretion.
Donations are made to GW in support of the Eligible Charities and/or the Funds (in support of Recommended Fund Recipients) and/or GW itself. After making deductions for applicable fees and charges (as further described in paragraph 4 below), and subject to paragraphs 3.7 and 3.8 below, GW will (other than in respect of any amount of a Donation allocated by the Supporter to GW itself): (a) make a grant of an amount equal to the Donation, including where applicable any associated Gift Aid, to the Supporter’s chosen Eligible Charities, and/or (b) allocate the Donation, including, where applicable, Gift Aid, to the Supporter’s chosen Fund(s) for onward grant to Recommended Fund Recipients by GW (following a GW-approved Fund Manager Recommendation), in each case for use by the relevant Eligible Charities and Recommended Fund Recipients in furtherance of the specified charitable activities agreed through the due diligence process and in accordance with the relevant grant agreements entered into between GW and the relevant Eligible Charities and Recommended Fund Recipients. GW will have regard to Supporters’ preferred Eligible Charities and/or Funds in determining any grant to, and/or allocation of Donations between, the Eligible Charities and Funds (as applicable), but each Supporter acknowledges and agrees that GW has the ultimate discretion on the allocation and/or grant of all Donations (including any associated Gift Aid). In the rare event that GW does not grant and/or allocate a Donation to a Supporter’s chosen Eligible Charities and/or Funds, GW will pass the relevant Donation to alternative Eligible Charities and/or Funds or GW may retain the funds. In any event, GW will use all Donations in a manner that furthers its charitable objects. See paragraph 5 regarding refunds on Donations.
GW may refuse to process any transactions (made through the Website or otherwise) for any reason it may decide is appropriate (at GW’s absolute discretion), including, if in its opinion:
such transactions are unlawful and/or related to fraudulent activities (and GW shall report any unlawful or fraudulent activity to the appropriate authorities);
such transactions have not been properly authorised by the relevant persons;
the information provided to GW in respect of such transaction is untrue and/or incorrect; or
in respect of the onward grant of Donations, including where applicable associated Gift Aid, to Eligible Charities and Recommended Fund Recipients:
the Eligible Charity or Recommended Fund Recipient is no longer operating or undertaking the specified charitable activities validated or approved by GW
GW determines that the Eligible Charity no longer meets GW’s criteria to be an Eligible Charity;
GW is not satisfied that the funds donated, or to be donated, are being or will be spent to further GW’s charitable objects;
the reporting obligations of the chosen Eligible Charity or Recommended Fund Recipient have not been complied with; and/or
GW’s Eligible Charities have changed.
To the extent permissible under applicable law and subject to paragraph 9.3, GW accepts no responsibility or liability to Supporters for the manner in which Eligible Charities or Recommended Fund Recipients use any funds received from GW or in respect of the activities of the Eligible Charities or Recommended Fund Recipients. GW does not warrant that Donations will be used by Eligible Charities or Recommended Fund Recipients for any particular purpose.

Processing donations

GW does not charge any fees to Supporters in respect of Donations, or to Eligible Charities or Recommended Fund Recipients in respect of onward grants, other than any transaction fees incurred when a Donation or grant is made (which will be deducted from the amount of the Donation before being passed on to the relevant Eligible Charity).`
GW aims to grant amounts equal to cleared Donations, and applicable Gift Aid received, to the relevant Eligible Charities selected by a Supporter and, in respect of Donations to a Fund, to Recommended Fund Recipients (once recommended by the relevant Fund Manager and approved by GW) reasonably promptly following receipt of a Donation or applicable Gift Aid (in the case of grants to Eligible Charities selected by a Supporter) or GW approval and receipt of applicable Gift Aid (in the case of grants to Recommended Fund Recipients). However, under certain circumstances, grants to certain Eligible Charities or Recommended Fund Recipients may be delayed, for example because:
GW will only make a grant to an Eligible Charity once the aggregate value of Donations received for onward grant to such Eligible Charity exceeds any minimum threshold set out in the grant agreement (typically, grant agreements with Eligible Charities include a £500 minimum threshold);
certain Eligible Charities wish to receive grants periodically but not quarterly (e.g. they may wish to receive grants twice yearly). GW currently intends to only make grants to any such Eligible Charity on their requested timeframe; or
GW may delay a grant for any other reason where it reasonably determines it necessary to do so (e.g. where GW has not yet completed its ongoing due diligence checks on the relevant Eligible Charity or Recommended Fund Recipient).
Additionally, there is currently no fixed timeframe within which Fund Managers must make their Fund Manager Recommendations for approval by GW. Fund Managers will make Fund Manager Recommendations as and when they identify appropriate Recommended Fund Recipients within the relevant Fund’s specific charitable theme or thesis.
GW is not responsible for any delayed or incorrect payments made as a result of acts or omissions of the relevant financial institution or THE FINANZAMT. GW reserves the right to change transaction and donation fees and processes at any time in its absolute discretion and these Terms will be updated accordingly.

Processing donations

GW does not charge any fees to Supporters in respect of Donations, or to Eligible Charities or Recommended Fund Recipients in respect of onward grants, other than any transaction fees incurred when a Donation or grant is made (which will be deducted from the amount of the Donation before being passed on to the relevant Eligible Charity).`
GW aims to grant amounts equal to cleared Donations, and applicable Gift Aid received, to the relevant Eligible Charities selected by a Supporter and, in respect of Donations to a Fund, to Recommended Fund Recipients (once recommended by the relevant Fund Manager and approved by GW) reasonably promptly following receipt of a Donation or applicable Gift Aid (in the case of grants to Eligible Charities selected by a Supporter) or GW approval and receipt of applicable Gift Aid (in the case of grants to Recommended Fund Recipients). However, under certain circumstances, grants to certain Eligible Charities or Recommended Fund Recipients may be delayed, for example because:
GW will only make a grant to an Eligible Charity once the aggregate value of Donations received for onward grant to such Eligible Charity exceeds any minimum threshold set out in the grant agreement (typically, grant agreements with Eligible Charities include a £500 minimum threshold);
certain Eligible Charities wish to receive grants periodically but not quarterly (e.g. they may wish to receive grants twice yearly). GW currently intends to only make grants to any such Eligible Charity on their requested timeframe; or
GW may delay a grant for any other reason where it reasonably determines it necessary to do so (e.g. where GW has not yet completed its ongoing due diligence checks on the relevant Eligible Charity or Recommended Fund Recipient).
Additionally, there is currently no fixed timeframe within which Fund Managers must make their Fund Manager Recommendations for approval by GW. Fund Managers will make Fund Manager Recommendations as and when they identify appropriate Recommended Fund Recipients within the relevant Fund’s specific charitable theme or thesis.
GW is not responsible for any delayed or incorrect payments made as a result of acts or omissions of the relevant financial institution or THE FINANZAMT. GW reserves the right to change transaction and donation fees and processes at any time in its absolute discretion and these Terms will be updated accordingly.

Refunds on donations

Supporters are responsible for ensuring that their Donations are made in the intended amounts.
GW will only be required to provide refunds of Donations where required to do so by law, or where there has been a technical error caused by the Website. In all other circumstances, GW may on a case-by-case basis, and in its absolute discretion, agree to provide refunds of Donations.
If you become aware of any payment error, please email GW at [email protected] as soon as possible.

Refunds on donations

Supporters are responsible for ensuring that their Donations are made in the intended amounts.
GW will only be required to provide refunds of Donations where required to do so by law, or where there has been a technical error caused by the Website. In all other circumstances, GW may on a case-by-case basis, and in its absolute discretion, agree to provide refunds of Donations.
If you become aware of any payment error, please email GW at [email protected] as soon as possible.

Gift Aid

A Supporter must make a Gift Aid declaration in respect of their Donation(s) in order for GW to claim Gift Aid on such Donation(s). Supporters are responsible at all times for making an accurate Gift Aid declaration. GW is not responsible for any false or inaccurate Gift Aid declarations made by Supporters.
When Supporters make a Donation to GW they are asked to confirm the following statement as a Gift Aid declaration:
“I am a taxpayer in Germany and I would like all donations I make to Give Wisely, until I notify you otherwise, to be treated as Gift Aid donations. I understand that if I pay less Income Tax and/or Capital Gains Tax than the amount of Gift Aid claimed on all my donations in that tax year it is my responsibility to pay any difference. I understand that you will reclaim 25cents of tax on every EUR 1 that I give.”
The following types of Donation are not eligible for Gift Aid (and a Gift Aid declaration should not be given in respect of such Donations): cash collections donated to GW; money donated on behalf of someone else, or a group of people; and supporters must provide their full names and home addresses (i.e., as a minimum, the home number or home name (as applicable) and full postcode) in their Gift Aid declarations; without this information Gift Aid cannot be claimed.
If the German Finanzamt rejects a Gift Aid declaration made by a Supporter or GW is otherwise made aware that a Gift Aid declaration made by a Supporter is invalid (e.g. because the Supporter has not paid sufficient Income Tax and/or Capital Gains Tax in the relevant tax year, or has provided insufficient or incorrect details):
before any Gift Aid is claimed by GW on the relevant Donation(s), then no Gift Aid will be claimed in respect of such Donation(s) unless and until the Supporter makes a valid Gift Aid declaration; or
after Gift Aid is claimed by GW on the relevant Donation(s), then THE FINANZAMT may ask the Supporter to pay to THE FINANZAMT an amount equal to some or all of such Gift Aid claimed. Although the Supporter is primarily liable to pay such amount to THE FINANZAMT, GW may, in its absolute discretion, decide to pay such amount to THE FINANZAMT on behalf of the Supporter and the amount so paid by GW will be deducted from any future grant(s) made to the relevant Eligible Charity or Recommended Fund Recipient, or future allocation(s) made to the relevant Fund (leaving such Eligible Charity, Recommended Fund Recipient or Fund in the same position as if the Gift Aid had not been invalidly claimed). Alternatively, GW may request that the relevant Eligible Charity or Recommended Fund Recipient repays amounts received from GW in respect of Gift Aid invalidly received.
GW will claim 25cents in Gift Aid for every EUR1 donated on qualifying Donations (though this is subject to change as per THE FINANZAMT’s guidelines). Gift Aid claimed by GW on qualifying Donations is typically received from THE FINANZAMT within 4-6 weeks from the date of claim, and is granted to the relevant Eligible Charity or Recommended Fund Recipient in accordance with paragraph 4 above.
Supporters should contact GW at ⦁ [email protected] if they: (a) want to cancel a Gift Aid declaration; (b) change their name or home address; or (c) no longer pay sufficient Income Tax and/or Capital Gains Tax

Gift Aid

A Supporter must make a Gift Aid declaration in respect of their Donation(s) in order for GW to claim Gift Aid on such Donation(s). Supporters are responsible at all times for making an accurate Gift Aid declaration. GW is not responsible for any false or inaccurate Gift Aid declarations made by Supporters.
When Supporters make a Donation to GW they are asked to confirm the following statement as a Gift Aid declaration:
“I am a taxpayer in Germany and I would like all donations I make to Give Wisely, until I notify you otherwise, to be treated as Gift Aid donations. I understand that if I pay less Income Tax and/or Capital Gains Tax than the amount of Gift Aid claimed on all my donations in that tax year it is my responsibility to pay any difference. I understand that you will reclaim 25cents of tax on every EUR 1 that I give.”
The following types of Donation are not eligible for Gift Aid (and a Gift Aid declaration should not be given in respect of such Donations): cash collections donated to GW; money donated on behalf of someone else, or a group of people; and supporters must provide their full names and home addresses (i.e., as a minimum, the home number or home name (as applicable) and full postcode) in their Gift Aid declarations; without this information Gift Aid cannot be claimed.
If the German Finanzamt rejects a Gift Aid declaration made by a Supporter or GW is otherwise made aware that a Gift Aid declaration made by a Supporter is invalid (e.g. because the Supporter has not paid sufficient Income Tax and/or Capital Gains Tax in the relevant tax year, or has provided insufficient or incorrect details):
before any Gift Aid is claimed by GW on the relevant Donation(s), then no Gift Aid will be claimed in respect of such Donation(s) unless and until the Supporter makes a valid Gift Aid declaration; or
after Gift Aid is claimed by GW on the relevant Donation(s), then THE FINANZAMT may ask the Supporter to pay to THE FINANZAMT an amount equal to some or all of such Gift Aid claimed. Although the Supporter is primarily liable to pay such amount to THE FINANZAMT, GW may, in its absolute discretion, decide to pay such amount to THE FINANZAMT on behalf of the Supporter and the amount so paid by GW will be deducted from any future grant(s) made to the relevant Eligible Charity or Recommended Fund Recipient, or future allocation(s) made to the relevant Fund (leaving such Eligible Charity, Recommended Fund Recipient or Fund in the same position as if the Gift Aid had not been invalidly claimed). Alternatively, GW may request that the relevant Eligible Charity or Recommended Fund Recipient repays amounts received from GW in respect of Gift Aid invalidly received.
GW will claim 25cents in Gift Aid for every EUR1 donated on qualifying Donations (though this is subject to change as per THE FINANZAMT’s guidelines). Gift Aid claimed by GW on qualifying Donations is typically received from THE FINANZAMT within 4-6 weeks from the date of claim, and is granted to the relevant Eligible Charity or Recommended Fund Recipient in accordance with paragraph 4 above.
Supporters should contact GW at ⦁ [email protected] if they: (a) want to cancel a Gift Aid declaration; (b) change their name or home address; or (c) no longer pay sufficient Income Tax and/or Capital Gains Tax

Information, security and privacy

If you register an account with GW, then you are responsible for protecting your login information, including your password, and for all use of your account. If you know or suspect that someone else is using your account without your permission, you must notify GW as soon as reasonably possible by contacting [email protected]. If GW has reason to believe that there is likely to be a breach of security or misuse of the Website, GW may require you to change your login details. In extreme circumstances, your account may also be suspended.
GW will process personal data in accordance with these Terms (including the Privacy Policy) and in compliance with Applicable Data Protection Laws.
GW will not share your personal data with any third party other than as agreed by the Supporter and as set out in these Terms. For more information about how GW uses data it collects from you, please refer to the Privacy Policy.

Information, security and privacy

If you register an account with GW, then you are responsible for protecting your login information, including your password, and for all use of your account. If you know or suspect that someone else is using your account without your permission, you must notify GW as soon as reasonably possible by contacting [email protected]. If GW has reason to believe that there is likely to be a breach of security or misuse of the Website, GW may require you to change your login details. In extreme circumstances, your account may also be suspended.
GW will process personal data in accordance with these Terms (including the Privacy Policy) and in compliance with Applicable Data Protection Laws.
GW will not share your personal data with any third party other than as agreed by the Supporter and as set out in these Terms. For more information about how GW uses data it collects from you, please refer to the Privacy Policy.

Use of THE WEBSITE and making donations

You must not use the Website for any of the following purposes:
interfering with any other person’s use or enjoyment of the Website;
misrepresenting your identity or affiliation with a Charity or any other person or organisation; or
any other purpose which is unlawful or likely to harm GW or bring GW or any of its subsidiaries or affiliates into disrepute.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
When using the Website and making Donations you agree to act in accordance with applicable law.

Use of THE WEBSITE and making donations

You must not use the Website for any of the following purposes:
interfering with any other person’s use or enjoyment of the Website;
misrepresenting your identity or affiliation with a Charity or any other person or organisation; or
any other purpose which is unlawful or likely to harm GW or bring GW or any of its subsidiaries or affiliates into disrepute.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
When using the Website and making Donations you agree to act in accordance with applicable law.

Limitation of liability

You agree that the Website is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, and except as expressly provided under these Terms and in particular subject to paragraph 9.3, GW excludes all representations, conditions, warranties and other terms in relation to the Website, whether express or implied.
Subject to paragraph 9.3, GW will not be liable or responsible for:
any loss or damage that may result to you or any third party (including, but not limited to, any direct, indirect, or consequential loss or damage whether in tort, contract or otherwise), in connection with any content displayed on the Website or the use, or inability to use, the Website or any websites linked to the Website;
any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs or data due to your use of the Website or to your downloading of any content on it, or any website linked to it; or
any losses which are not reasonably foreseeable.
Nothing in these Terms shall limit or exclude GW’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by GW’s negligence, or any liability that cannot be limited or excluded under applicable law.

Limitation of liability

You agree that the Website is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, and except as expressly provided under these Terms and in particular subject to paragraph 9.3, GW excludes all representations, conditions, warranties and other terms in relation to the Website, whether express or implied.
Subject to paragraph 9.3, GW will not be liable or responsible for:
any loss or damage that may result to you or any third party (including, but not limited to, any direct, indirect, or consequential loss or damage whether in tort, contract or otherwise), in connection with any content displayed on the Website or the use, or inability to use, the Website or any websites linked to the Website;
any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs or data due to your use of the Website or to your downloading of any content on it, or any website linked to it; or
any losses which are not reasonably foreseeable.
Nothing in these Terms shall limit or exclude GW’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by GW’s negligence, or any liability that cannot be limited or excluded under applicable law.

Third party websites

The Website may include links to other pages on the world wide web. Inclusion of a link to another website does not imply endorsement of its content or opinions. The Website does not make any warranty or guarantee in relation to the content on other such websites. GW will not be liable for any loss or damage that may arise from your use of them.

Third party websites

The Website may include links to other pages on the world wide web. Inclusion of a link to another website does not imply endorsement of its content or opinions. The Website does not make any warranty or guarantee in relation to the content on other such websites. GW will not be liable for any loss or damage that may arise from your use of them.

Suspension or termination

You may discontinue your use of the Website at any time and request that all of your personal data be deleted from GW’s databases.
Any such request will be actioned by GW within 15 business days following the request. However, some removed and deleted information may persist in backup copies for as long as is required to comply with relevant laws and regulations and to facilitate, in rare instances, the refunding of Donations.
GW reserves the right, in its sole discretion, to immediately and without notice, suspend or permanently deny your access to all or part of the Website and its associated services where you are in material breach of these Terms. This is including, but not limited to, where there is any actual or suspected fraudulent, criminal or improper use of the Website or associated services by you.

Suspension or termination

You may discontinue your use of the Website at any time and request that all of your personal data be deleted from GW’s databases.
Any such request will be actioned by GW within 15 business days following the request. However, some removed and deleted information may persist in backup copies for as long as is required to comply with relevant laws and regulations and to facilitate, in rare instances, the refunding of Donations.
GW reserves the right, in its sole discretion, to immediately and without notice, suspend or permanently deny your access to all or part of the Website and its associated services where you are in material breach of these Terms. This is including, but not limited to, where there is any actual or suspected fraudulent, criminal or improper use of the Website or associated services by you.

Intellectual property

GW or its affiliates own, or have the right to use, all content on the Website. Such content may be protected by copyright, trademarks, database and other intellectual property rights. Subject to paragraph 12.2 below, no information or material on the Website can be copied, reproduced, downloaded, modified or distributed without GW’s express written permission.
You may print off one copy, and may download extracts, of any pages at the Website (that you have the right to access) for your personal use but you must not alter them or remove any copyright or trademark notice.

Intellectual property

GW or its affiliates own, or have the right to use, all content on the Website. Such content may be protected by copyright, trademarks, database and other intellectual property rights. Subject to paragraph 12.2 below, no information or material on the Website can be copied, reproduced, downloaded, modified or distributed without GW’s express written permission.
You may print off one copy, and may download extracts, of any pages at the Website (that you have the right to access) for your personal use but you must not alter them or remove any copyright or trademark notice.

Governing law and jurisdiction

These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the English courts.

Governing law and jurisdiction

These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the English courts.

Notices

Notices must be in writing and, in the case of notices from you to GW, may be sent to us by post at Give Wisely, Anklamerstr. 25, 10115 Berlinor by email at ⦁ info@⦁ givewisely.io. In the case of notices given by GW to you, they may be sent by post or email, at GW’s discretion, using the most recent contact details provided by you to GW.

Notices

Notices must be in writing and, in the case of notices from you to GW, may be sent to us by post at Give Wisely, Anklamerstr. 25, 10115 Berlinor by email at ⦁ info@⦁ givewisely.io. In the case of notices given by GW to you, they may be sent by post or email, at GW’s discretion, using the most recent contact details provided by you to GW.

Miscellaneous

You may not transfer your rights or obligations under these Terms to any other person or organisation. GW may transfer its rights and obligations to another person or organisation without your consent, provided that GW notifies you of the transfer within a reasonable amount of time following the transfer.
A person who is not a party to these Terms shall not have any rights to enforce any provision of these Terms as a third party beneficiary, including pursuant to the Contracts (Rights of Third Party) Act 1999.
If any provision of these Terms is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.
If you have any queries regarding these Terms please contact ⦁ info@⦁ givewisely.io.
These Terms set out the entire agreement and understanding between you and GW in respect of the subject matter of these Terms. Each party acknowledges that it is not relying on, and shall have no remedies in respect of, any undertakings, representations, warranties, promises or assurances (whether made innocently or negligently) that are not set forth in these Terms. Nothing in these Terms shall exclude any liability for or remedy in respect of fraud, including fraudulent misrepresentation prior to entering into this Agreement.

Miscellaneous

You may not transfer your rights or obligations under these Terms to any other person or organisation. GW may transfer its rights and obligations to another person or organisation without your consent, provided that GW notifies you of the transfer within a reasonable amount of time following the transfer.
A person who is not a party to these Terms shall not have any rights to enforce any provision of these Terms as a third party beneficiary, including pursuant to the Contracts (Rights of Third Party) Act 1999.
If any provision of these Terms is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.
If you have any queries regarding these Terms please contact ⦁ info@⦁ givewisely.io.
These Terms set out the entire agreement and understanding between you and GW in respect of the subject matter of these Terms. Each party acknowledges that it is not relying on, and shall have no remedies in respect of, any undertakings, representations, warranties, promises or assurances (whether made innocently or negligently) that are not set forth in these Terms. Nothing in these Terms shall exclude any liability for or remedy in respect of fraud, including fraudulent misrepresentation prior to entering into this Agreement.