TERMS AND CONDITIONS

Our Terms of Use exist to help maximise the positive impact of our lasting partnership with clarity and trust.

Although not many people like reading these kinds of documents, it’s important for us to have Terms of Use that put things legalistically and clarify our understandings for times of need. Our Terms of Use only exist to serve us all – the community of Business Members, Worthy Causes and supportive Donors around the world – so that we can achieve more together.

So, with that point of view in mind, here they are.
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By accessing or using the websites at www.b1g1.com and www.b1g1.com/givinglife (together referred to here as the “Site”), or any of the services or applications (including mobile applications and referred to, collectively, as the “Services”) made available by BUY1GIVE1 Pte. Ltd. (Singapore Company, Unique Entity Number: 200703109E) or B1G1 Giving, Inc. (a US 501(c)(3) charitable organization, EIN: 82-5352226), you agree to be bound by these terms and conditions (“Terms of Use”).
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Please read these Terms of Use carefully, as they contain important information regarding your legal rights and remedies. By accessing and using the Site or Services, you signify that you have read, understand, acknowledge, and agree to be bound by the Terms of Use.
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The term “B1G1” refers to BUY1GIVE1 Pte. Ltd. The term “B1G1 Giving” refers to B1G1 Giving, Inc. The terms “we”, “us” or “our” refers to both BUY1GIVE1 Pte. Ltd and B1G1 Giving, Inc., acting collectively. The term “Member” refers to any individual or business entity with a valid, paid membership in the B1G1 Business for Good program. The term “Donor” refers to any individual or business entity, other than a Member, which uses the Site or the Services to make financial contributions to a Worthy Cause. The term “Worthy Cause” refers to any entity which employs the Site or the Services to solicit financial contributions. The terms “you”, “your” or “User” refers to any Donor who accepts these Terms of Use by using the Site or the Services. By using the Site or Services on behalf of a legal entity or business, you represent that you are authorised to enter into an agreement on behalf of that legal entity or business. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. You may not use the Site or Services and may not accept these Terms of Use if you are not of legal age to form a binding contract with us.

Note that there may be times when we offer a special feature or service, like a downloadable application, or a special feature or service provided by one of our many partnering organisations, and these special features may have their own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature, service or application control to the extent there is a conflict with these Terms of Use.

We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Site or Service, and that your use of the Site or Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Site or Services. The Updated Terms will be effective as of the time of posting, or on such later date as may be specified in the Updated Terms, and will apply to your use of the Site or Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
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As an individual Donor using the Site or Services, you may create an account through which you contribute funds to individual Worthy Causes you wish to support. This account must be in the name of a single individual.
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We may suspend or terminate your account and your ability to use the Services, the Site, or portions thereof, whenever we believe in good faith that you may have engaged, or may be about to engage, in any conduct that would constitute a failure to comply with these Terms of Use or any special terms related to a particular Service; for infringing copyright, trademark or other intellectual property rights; if you engage in gross misconduct, fraud or misrepresentation; or in cases where, in our sole judgment, your actions are likely to damage the reputation of B1G1 Giving or B1G1.
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Our B1G1 Business Members support the activities of B1G1 Giving, directly enabling the transparent administration and remittance of your contributions. While there is no fee to Donors for this service, users of the B1G1 giving platforms who do not hold this membership status are encouraged to contribute to cover the administrative cost for each giving transaction. This voluntary fee is displayed during the checkout process, and can be increased or removed as you choose projects to support.
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As an individual Donor, you have the opportunity to make contributions to the Worthy Causes that are listed through the Site or Services. These are carefully selected Worthy Causes that meet specific criteria set by the Board of B1G1 Giving. However, further enquiries from the public can be made directly to the relevant organisations. B1G1 and B1G1 Giving disclaim all liability for the accuracy and completeness of any information provided by the Worthy Causes, their sponsors, or any other third party. B1G1 Giving discloses complete information provided by the organisations and encourages all users to take extra care and interest in selecting and in donating to the Worthy Causes listed. B1G1 Giving reserves the right, in its absolute discretion, to withdraw the listing of any Worthy Cause. In that event, funds previously contributed to that Worthy Cause will be remitted in accordance with Section 5 below, but no further funds will be solicited on behalf of the Worthy Cause.
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Contributions you make through the Site and Services are managed by B1G1 Giving in these terms:

We ensure that 100 per cent of contribution amounts received by us for a designated Worthy Cause will be transmitted to the Worthy Cause member. Specifically, when the accumulated amount of contributions for a Worthy Cause reaches $500 USD (or a higher amount, if requested by the Worthy Cause and agreed to by B1G1), the funds are transferred to the Worthy Cause member in the following month, accompanied by a remittance advice with a list of dedicated projects. Unless special arrangements are made, amounts smaller than $500 USD will be held in B1G1 Giving’s account in Singapore in order to avoid the high bank charges for small transactions (the bank charges are funded entirely by B1G1 Pte Ltd, not by the Worthy Cause).  If funds held by B1G1 Giving in a Worthy Cause’s account for 12 months are less than $500, then B1G1 Giving will take one of the following actions:  (a) if the account balance is less than $500, but greater than the cost of the bank transfer, then B1G1 Giving will remit the amount to the Worthy Cause; or (b) if the account balance is less than the cost of bank transfer, then B1G1 Giving will close the Worthy Cause’s account, and remit the remaining funds to a selected charity organisation. For amounts less than $500 which are being held temporarily in our accounts, any interest earned on those amounts is contributed at year-end to a Worthy Cause project selected by the B1G1 Giving Board.

Through the above procedures, B1G1 ensures that 100% of any contribution amounts received by us are forwarded to our Worthy Cause organisations, and the accounts record documenting this practice is made public.

The charity organisations that are listed on the B1G1 site as beneficiaries are approved charity organisations that met criteria set by the Board of B1G1 Giving. These criteria are posted on the Site and are regularly reviewed and, as needed, revised to ensure that the approved charity organisations continue to meet our high integrity standards.Refund of an amount contributed can only be made before those funds have been remitted to the designated charity organisation. If the contributed amount has already been forwarded, it cannot be refunded by us.

Under the Terms of Use for Worthy Causes, each approved charity organisation agrees that contributions it receives will be used to provide the benefits stated on the Site and Services. Notwithstanding the foregoing, B1G1 expressly disclaims any liability in the event that a designated charity organisation fails to deploy any funds received in the manner stated on the Site and Services.

When a charity organisation that has been listed on the Site or Services is no longer active or approved for further contributions, and if there is any unremitted balance on its account, the board of B1G1 Giving has the right to forward the contributions to an alternative organisation after contacting the affected Donors at least once. If there is no alternative organisation that could deploy the funds to achieve substantially similar intended benefits, the funds will be refunded to the Donors.
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The Site and Services and other information and materials made available through or used in connection with providing the Site and Services are and shall remain the property of B1G1 and its licensors (including Site users) and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly provided herein or as authorised in advance by B1G1 in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based in whole or in part on any element of the Site or Services, including without limitation the Site itself or any of its content, or other materials made available through the Site or Services.

Trade names, trademarks and service marks of B1G1 or its licensors include without limitation, Buy1GIVE1, B1G1, B1G1 Giving Society, B1G1 Business for Good, and any associated logos. All trademarks and service marks on the Site not owned by B1G1 are the property of their respective owners. The trade names, trademarks and service marks owned by B1G1, whether registered or unregistered, may not be used by you in connection with any product or service that is not ours. Nothing contained in the Site or Services should be construed as granting, by implication, any license or right to use any of our trade names, trademarks or service marks without our prior written consent, which we may withhold in our absolute discretion.
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You shall be solely responsible for the quality and accuracy of all data that you supply when you use the Site or the Services. We respect and honour the confidentiality of your data. Accordingly, we will exercise reasonable care to keep all data pertaining to you and stored in the Site or Services private. We will exercise reasonable care in the protection of your data and will maintain reasonable data integrity safeguards against the deletion or alteration of your data. If any data is lost or destroyed because of any act or omission of us or any noncompliance with our obligations under these Terms of Use, then we will, at our own expense, use commercially reasonable efforts to reconstruct such data as soon as possible. We will store and safeguard storage media containing your data when in our custody. You acknowledge and accept that the Site and the Services will be unavailable when we are backing up data or undergoing regular system maintenance.
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We may update or otherwise modify the Site and/or Services at any time for any reason in our sole discretion. We may shut down the Site or Services for maintenance and development work whenever we deem it necessary. You acknowledge that you are familiar with the Site and Services’ functions, and that they are sufficient without modification to meet your requirements. You agree that we have no obligation whatsoever to customise, modify or improve the Site or Services.

You acknowledge and agree that we shall be the sole and exclusive owner of the Site and Services, all materials in respect of each of them supplied to you, all new versions, improvements, enhancements, additions and modifications to the Site and Services or such materials, all copyright, patent, trade secret, and other intellectual property rights related to the Site and Services and such materials, and all tangible media on which the Site and Services and such materials are maintained. You shall have no claim or right whatsoever in respect of the Site or Services. You may not use, copy, modify, transfer, or make any derivative works of all or any part of the Site or Services, any materials in respect of them, or any copy, adaptation, transcription, or merged portion thereof, except as expressly permitted in these Terms of Use.
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You acknowledge and agree that:

You will not use the Site or Services in connection with pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

You will not publish, post, upload, distribute or disseminate any materials that violate any legal rights (such as rights of privacy and publicity, intellectual property rights, or any other legal rights) of others, or otherwise violate any such rights using the Services.

You will not publish, post, upload, distribute or disseminate any profane, defamatory, obscene, indecent or unlawful topic, name, image, material or information

You will not publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their race, gender, sexual orientation, religion, or national origin, or that insults the victims of crimes against humanity by contesting the existence of those crimes.

You will not upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.

You will not download any file or information that you know, or reasonably should know, cannot be legally distributed in such manner.

You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

You will not restrict or inhibit any other authorised User from using and enjoying the Site and Services.

You will not violate any applicable laws or regulations.

You will not create a false identity for the purpose of misleading others.

The content on or otherwise related in any way to the Site or Services, or any third party sites or services linked to from the Site or Services or otherwise accessed by you, is provided “as is” and without warranties of any kind. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility and non-infringement. We do not warrant that any content will be error-free, that access thereto will be uninterrupted, that defects will be corrected, or that the site or the servers that make such content available are free of viruses or other harmful components. Moreover, you assume the entire cost of all necessary servicing, repair or correction. We do not warrant or make any representations regarding the use or the results of the use of any content. You hereby irrevocably waive any claim against us with respect to content and any content you provide to third party sites (including credit card and other personal information).

The Site and Services include online help functions and a “Frequently Asked Questions” section to assist you in the use of the Site and Services. We currently make customer support and related services available at no cost to you, via telephone and email on weekdays between 9:00AM and 6:00PM Singapore time, excluding holidays that are recognised by us. However, the provision of such customer support and services is subject to change at any time without notice, in our sole discretion.
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You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorised Users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the Site, Services, and/or your account(s). You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
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Under no circumstances, including negligence, shall we, our licensors or licensees, or any of the foregoing entities’ respective resellers, distributors, service providers or suppliers, be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages including lost profits, personal injury (including death) and property damage of any nature whatsoever, that result from (a) the use of, or the inability to use, the Site or Services, or (b) the conduct or actions, whether online or offline, of any User of the Site or Services or any other person or entity, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise, exceed the amount paid by you, if any, or $100 (whichever is less) for accessing or participating in any activity related to the Site or Services.

Moreover, under no circumstances shall we, our licensors or licensees, or any of the foregoing entities’ respective resellers, distributors, service providers or suppliers, be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our or their reasonable control.

The limitations, exclusions and disclaimers contained herein and elsewhere in these Terms of Use apply to the maximum extent permitted by applicable law.
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This Agreement shall be construed as operating under the laws of the Republic of Singapore. You hereby irrevocably consent to the jurisdiction of the courts in Singapore. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In these Terms of Use, the word “including” is used illustratively, as if followed by the words “but not limited to.”

You agree that any cause of action you may have arising out of or related to these Terms of Use or the Site or Services must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.

Any dispute arising out of, or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the then-current Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”), which are deemed to be incorporated by reference in this Agreement. The Tribunal shall consist of a single arbitrator, and all proceedings shall be conducted in English.

This Agreement constitutes the entire agreement between the parties pertaining to the matters set forth herein and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties.