Terms and Conditions
1. Definitions and Terms of Service
1.1. Amplify Donations LTD (Company No: 660253) of 1 Marino Mart, Fairview, Dublin 3, Dublin, Ireland (“Amplify”) grants you “the User” a non-exclusive, limited and revocable license to use and access the Amplify (https://www.amplifydonations.io/ ), (together, “the service”) subject to these terms and conditions (“the Terms”).
1.2. In these Terms, “we”, “us” and “our” refer to Amplify and references to “you” and “your” are to you, the users of the service.
1.3. The users (“Users”) of the service are sustainable e-commerce businesses (“Merchants”), charities (“Climate Cause Partners”), and the customers (”End-users”) of Merchants.
1.4. The service allows End-users to earn a free climate donation for a Climate Cause Partner when shopping with a Merchant that has signed up to Amplify’s service.
1.5. By accessing and using the service you agree to be bound by these Terms. If you do not agree with these Terms, you must immediately stop using the service.
1.6. You agree that we may change, update or otherwise amend the service and these Terms at our absolute discretion.
1.7. Certain of the within Terms shall apply solely to Merchants, Partners or solely to End-users, as will be apparent. These Terms are to be read in conjunction with the relevant Merchant and Climate Cause Partner Agreements and the Amplify Privacy Statement where applicable.
2. Service Only
2.1. We are not and cannot be a party to any transaction between Merchants, Partners, and End-Users, including any order or purchase or supply of products or services which results from use of the service.
2.2. We do not accept any responsibility or legal liability whatsoever for any act or omission of the Merchant, Partner or the End-user arising from or in connection with the use of the service, or the provision or purchase of any good or service. The Merchant, Partner, and End-user may enforce any of these Terms against the other party directly in respect of the use of the service.
2.3. Each Merchant and Partner shall be fully and solely responsible for any tax and/or other liability, deduction, contribution, assessment, or claim which it incurs arising from or made in connection with use of the service.
2.4. With respect to paragraph 2.3., each User shall indemnify us against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable in connection with or in consequence of any such liability, deduction, contribution, assessment or claim, other than where such liability, deduction, contribution, assessment or claim arises out of our negligence or wilful default.
2.5. We may, at our sole discretion, assist with the resolution of any complaint or dispute between Users relating to use of the service. However, each User acknowledges that any legal recourse arising from or in connection with any purchase, whether for breach of contract or otherwise, is against the User (as applicable) and not against us, notwithstanding anything to the contrary in these Terms or on the service.
3. Merchant Accounts
3.1. In order to access the service, Merchants will need to create an account (“Account”) on the service. You, the Merchant, must provide a valid email and a password (“Account Information”).
3.2. It is your responsibility as a User of the service to keep your Account Information secure and you agree:
– Not to give out your email with your Account Information;
– Not to use another person’s Account or share their Account Information; – To take all measures to prevent a third party from accessing your Account, even without your knowledge;
– Not to give access to your Account to a third party;
– Not to loan, share, exchange, donate, purchase, transfer, or sell any Account (which action is fully prohibited and will not be enforceable against us); and
– To use a personal individual email address to create an Account and not share this Account Information with any third party.
– You must not create an Amplify Account if we have previously deactivated your account for violating the law or for breaching any of our terms and conditions.
3.3. You are solely responsible for the use of your Account, irrespective of who is utilizing it, whether with or without your permission. You indemnify us for any loss or damage we suffer as a result of unauthorized access to your Account.
4. Accounts And Information
4.1. We will collect certain information from you or your third party account (e.g. Gmail) as is necessary to complete the registration of your Account.
4.2. You acknowledge that Amplify and our Partners rely on the accuracy and completeness of all information provided by you during the registration process. You shall be responsible for keeping your Account Information up to date and accurate.
4.3. You warrant and represent that all information provided to us is accurate, complete and not misleading and remains so. You must notify us of any change to such information.
4.4. The collection, retention, and processing of your personal data is done pursuant to our Privacy Policy.
5. Donations
5.1. End-users of the service can claim a free donation via the Amplify donation widget after completing a purchase with a Merchant signed up to Amplify’s service.
5.2. Merchants support each purchase with a fixed dollar ($) donation amount, determined by each Merchant individually. The minimum donation amount is $1.
5.3. Donations become payable by the merchant when an End-user chooses one of the listed Climate Causes and claims a free donation. Unclaimed donations are not payable by the merchant.
5.4. Donations are transferred from the Merchant to the corresponding Climate Cause Partners at the end of each monthly billing period.
6. Amplify Fees
6.1. Based on our Merchant Agreement, Amplify charges Merchants a monthly subscription. Amplify subscriptions with Merchants are separate from the Merchant’s agreed donation amount.
7. Intellectual Property
7.1. All content on the service is the copyright and property of Amplify, Merchants, and Climate Cause Partners. Without our express written permission, no User shall copy the service for their own commercial purposes. Without prejudice to the generality of the foregoing, no User shall:-
– Replicate or use the details and/or Accounts of any other User; – Replicate the service, or any part thereof, in any way whatsoever;
– Use any “deep-link”, “robot”, “spider”, “page-scrape” or other automatic device, programme, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the service, any Account or any content, nor in any way reproduce or circumvent the navigational structure or presentation of same, nor obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the service; or
– Incorporate the service, or any part thereof, in any other webpage, website, service, application or other digital or non-digital format.
7.2. All content on the service remains our Intellectual Property, including (without limitation) any source code, usage data, ideas, enhancements, feature requests, suggestions or other information provided by any User.
8. Liability
8.1. Amplify provides our service and content on an “as-is” and “as available” basis and neither we nor any User make any representation or warranty of any kind, express or implied, regarding the content or availability of our service, or that it will be timely or error-free or that defects will be corrected.
8.2. Neither Amplify nor any Merchant or Partner shall have any liability to the User for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our service.
9. Privacy Policy And Cookie Policy
9.1. Through your use of the service, you accept our Privacy Policy and Cookie Policy and agree that you will not do anything that shall compromise our compliance with the Privacy Policy nor do anything contrary to the Privacy Policy insofar as your use of the service is concerned.
9.2. We may amend the Privacy Policy without prior notice and at our absolute discretion, and by continuing to use the service you accept such changes.
10. Confidentiality
10.1. Merchants and Climate Cause Partners must maintain in confidence any written information which is of the following nature (“Confidential Information”):-
– Contains personal information or, where applicable, details of the business of the Merchant or Partner; – Details the business of Amplify;
– Contains personal information of any User; or
– Is identified by either party as confidential and/or proprietary.
10.2. Without prejudice to the generality of paragraph 12.1., information will not be considered Confidential Information where a party can establish such information:-
– Was in the public domain at the time it was disclosed;
– Was already in the possession of a party when given, without having been acquired (directly or indirectly) from the other party; or
– Was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
10.3. Users must not:-
– Use any Confidential Information except to the extent necessary to exercise its rights and perform its obligations under these Terms; or
– Disclose any Confidential Information, provided that each party may disclose Confidential Information that is required to be disclosed:-
– By law or by order of any court or tribunal of competent jurisdiction;
– By any Government Agency, stock exchange or other regulatory body; or – To its personnel and advisors, where the party informs the recipient of the obligations in relation to the Confidential Information under this Agreement.
If a user is required to make a disclosure under this Clause, that User must:
– To the extent possible, notify the other party if it anticipates that it may be required to disclose any of the Confidential Information; and
– Only disclose Confidential Information to the extent necessary to comply.
10.4. The obligations under this clause continue in full force and effect in perpetuity.
11. Termination
11.1. We may end the agreement governed by these Terms immediately by giving written notice to the Merchant or Climate Cause Partner. It is not essential to provide reasons for the termination. Where these Terms have been terminate, the Merchant or Climate Cause Partner must immediately cease using the service.
11.2. Merchants and Climate Cause Partners may terminate their use of the service pursuant to the conditions set out in their respective Agreements.
14. Revision and Variation of these Terms
14.1. We reserve the right to revise these Terms at any time by amending this page. Merchants, Partners, and End-users are expected to check this page from time to time to take notice of any changes we make.
14.2. Material changes to these Terms shall be communicated via email or through such other effective means of communication as may be used at our discretion.
15. Jurisdiction And Applicable Law
15.1. The Irish Courts will have sole and exclusive jurisdiction over any claim arising from, or related to, use of our Website or any other use of our service, or any other claim arising from the relationship between us and our Users.
15.2. These Terms, any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.
16. Your Concerns
16.1. If you have any concerns about material which appears on our service, please contact hello@amplifydonations.io