Term and Condition

Welcome to the Givarate Website.  Please read these Terms and Conditions carefully.  By your use of, and registering with, this Website, you agree to be bound by, and comply with, the Terms and Conditions below without limitation or qualification.  These Terms and Conditions are, from time to time, subject to change, modification, addition or deletion without notice in our sole discretion.  We will notify you of amendments to these Terms and Conditions by posting them to this Website.  If you do not agree with these Terms and Conditions, immediately cease accessing or using this Website.

 

Description of Services

 

Our Website provides, for a fee if we decide to charge, a platform by which a customer can obtain the names and profiles of service providers willing to handle basic services that the customer wishes to be performed at the specific price provided by the customer. The sole purpose of the Website is to introduce a customer to the service provider.  The customer and the service provider directly negotiate the terms of the service agreement.  Givarate does not engage in the performance of the basic services for any user of this Website.

Givarate also offers the service of connecting customers to service providers who may be temporarily or permanently affiliated with the Givarate company. Givarate may or may not charge for this service.  In regards to this service offered by Givarate, Givarate will collect from the customer through this website, total or partial monetary payment for the cost of the basic service that is requested to be done.

 

Disclaimer of Warranty

 

TO THE EXTENT PERMITTED BY LAW, ALL CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE ON, OR THROUGH, THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.  AS SUCH, YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.  SUBJECT TO THE FOREGOING, GIVARATE DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL EXPRESS WARRANTIES EXCEPT THOSE EXPLICITLY MADE IN THESE TERMS AND CONDITIONS.  GIVARATE MAKES NO REPRESENTATION THAT THE INFORMATION OR CONTENT CONTAINED ON THIS WEBSITE, YOUR RESULTS IN USING THIS WEBSITE, OR THE SERVICE ITSELF WILL BE ACCURATE, VALID, RELIABLE, COMPLETE, TIMELY OR AVAILABLE OR THAT IT DOES NOT VIOLATE OR INFRINGE THE RIGHTS OF ANY THIRD PARTY.  GIVARATE DOES NOT WARRANT THAT THE CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, THEIR SERVERS, OR E-MAIL SENT FROM GIVARATE WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL AGENTS OR COMPONENTS, SECURE OR TIMELY.  GIVARATE MAKES NO REPRESENTATION AND SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY SITE LINKED TO THIS WEBSITE.  GIVARATE DOES NOT WARRANT, GUARANTEE OR ENSURE THE QUALITY OF ANY PRODUCT OR SERVICE PROVIDED BY ANY AFFILIATE OR MERCHANT.

 

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES THAT:  “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

 

CERTAIN STATE LAWS INCLUDING, BUT NOT LIMITED TO, THOSE OF THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Limitation of Liability

 

YOU AGREE THAT, EXCEPT AS OTHERWISE PERMITTED UNDER APPLICABLE LAWS INCLUDING THOSE OF THE STATE OF NEW JERSEY, NEITHER GIVARATE NOR ITS PARENTS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, ATTORNEYS, CONTRACTORS, REPRESENTATIVES, AND THEIR RESPECTIVE HEIRS, PREDECESSORS, SUCCESSORS AND ASSIGNS, WHETHER EXISTING NOW OR IN THE FUTURE, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF, OR RELATED TO, THE USE OF, ACCESS TO, RELIANCE ON, OR INABILITY TO USE, THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE.  THIS WAIVER OF LIABILITY APPLIES TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF GIVARATE IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT OR PRODUCT LIABILITY OR OTHERWISE.  

 

Trademarks and Copyrights

 

You agree that all content appearing on this Website including, but not limited to, code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, digital downloads, data compilations and computer software are the sole property of Givarate or its partners and suppliers, and are protected by United States and international copyright laws.  The compilation of any and all content on this Website is the exclusive property of Givarate and is protected by United States and international copyright laws.  All software used on this site is the property of Givarate or its software suppliers and is protected by United States and international copyright laws.  Users are granted permission to browse and use this Website for its intended purpose, which is for your use only as a consumer.  Any other use including, but not limited to, the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display, or performance of the content on this Website or the exploitation in any other manner of any of the content of this Website, in part or in whole, is strictly prohibited.  Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this Website is strictly prohibited.

 

Givarate does not grant, by implication, estoppel or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this Website, without the prior written consent of Givarate.  Givarate prohibits the use of the Givarate logo or other proprietary graphics or trademarks as a link to any Website, unless the creation of such a link is approved in advance, and in writing, by Givarate.  Registered and unregistered proprietary information is owned and held by Givarate and its licensors and, therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this Website in any form, either mentioned or unmentioned.

 

Givarate is a trademark or trade dress in the United States and/or other countries.  Givarate’s trademarks and trade dress may not be used in connection with any product or service that is not Givarate’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Givarate.  All other trademarks not owned by Givarate that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, Givarate.

 

TCPA Consent

 

You expressly consent to be contacted by Givarate, its agents, representatives, affiliates, or anyone calling on its behalf, for any and all purposes arising out of, or relating to, your use of our Website, at any telephone number, or physical or electronic address that you provide to us or at which you can be reached.  You agree that Givarate can contact you in any way including, but not limited to, SMS messages including text messages, calls using prerecorded messages or artificial voice, and calls and messages that are delivered using an auto telephone dialing system or an automatic texting system.  Automated messages may be played when the telephone is answered, whether it is by you or another party.  In the event that an agent, representative or affiliate calls, they may also leave a message on your answering machine, voice mail, or send one via text.  You consent to receive SMS messages including text messages, calls and messages (including, but not limited to, prerecorded and artificial voice and autodialed) from Givarate, our agents, representatives, affiliates or anyone calling on our behalf, at the specific number(s) you have provided to us, or numbers that we can reasonably associate with you, with information or questions about your transaction.  You further certify, warrant and represent that the telephone numbers that you have provided to Givarate are your contact numbers.  You also warrant and represent that you are permitted to receive calls at each of the telephone numbers that you have provided to us.  You agree that you shall promptly inform us in the event that you stop using any of the telephone numbers provided to us.  Your cellular or mobile telephone provider may charge you depending on the terms of your plan with them.  You also agree that Givarate, its agents, representatives, affiliates, or anyone calling on its behalf, may contact you by e-mail, using any e-mail address that you have provided to us or that you may provide to us in the future.  It is also possible that Givarate, its agents, representatives, affiliates, or anyone calling on its behalf, may listen to and/or record phone calls between you and Givarate’s representatives without notice to you, as may be permitted by applicable law.

 

Third Party Websites

 

You agree that Givarate encourages you to exercise discretion browsing the internet.  Our Website or services may direct you to sites containing information that some people may find offensive or inappropriate.  Any such link is provided solely as a convenience to you.  Givarate and its affiliates make no representation or warranty about the legality of any third party Website, nor as to its accuracy, content, products or services.  Any such Website is independent from Givarate, and Givarate has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Website.  A link between Givarate and another website further does not mean that Givarate endorses, recommends, sponsors or approves that website.  Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other website.  Givarate expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party not under the Givarate domain, or the goods or services offered by, or the content displayed by, any such third party. 

 

Use Restrictions

 

You agree that you will not use this Website for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices or selling products; monitoring, gathering or copying content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility or manual process of any kind; framing or utilizing framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; using any meta tags or any other “hidden text” utilizing Givarate’s name or any trademarks; and engaging in any activity that interferes with a user’s access to the Website or the proper operation of this Website.  You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this Website for any commercial purpose.  You also agree that in using this Website you will not impersonate any person or entity.

 

Unlawful Conduct

 

You agree that you are prohibited from posting or transmitting to this Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, abusive, harassing, pornographic or profane material, any copyrighted material of others, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these Terms and Conditions.  Givarate reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to this Website.

 

Termination of Use of This Website

 

You agree that any violation of these Terms and Conditions; the unauthorized use of this Website, content materials and intellectual property; as well as any fraudulent, abusive or otherwise illegal activity, shall be grounds for termination of your right to access, browse and use this Website.  Givarate reserves the right, in its sole discretion, to terminate, suspend or restrict your access to this Website and its content and use at any time, with or without notice and without any obligation to refund any portion of fees paid for any product or service.  Should your access to this Website be terminated, you are prohibited from accessing this Website under a new name unless expressly invited to do so by Givarate.   

 

 Product Descriptions

 

Givarate attempts to be as accurate as possible.  However, Givarate does not warrant that service descriptions, or other content on this Website, is accurate, complete, reliable, current or error free.

 

Limited Availability and Price

 

In the event a service is listed at an incorrect price due to a typographical error, Givarate shall have the right to refuse, or to cancel, any service listed at the incorrect price. Givarate shall have the right to refuse, or to cancel, any transaction whether or not your bank account has been charged. 

 

Obligations of the Parties

 

Anyone using this Website shall be bound by all of these Terms and Conditions.  Additionally, they shall be bound by the following Terms and Conditions:

1.    The customer and the service provider must all accurately identify themselves and provide accurate contact information.

2.    A customer must provide accurate information with respect to the services that they seek to have performed and the price that they are willing to pay to have the service performed, and the service provider must provide accurate information about themselves and the services that they will provide to the customer, and therefore each party shall be responsible for any and all such information.  No such information will be provided by Givarate, unless the service is being provided by Givarate.

3.    Givarate provides location based service providers located where the customers are located, as well as service providers not in close proximity to the customer’s location. Givarate is not responsible for any inconvenience that may arise due to any location proximity issues.

4.    Service providers shall provide a profile on our Website including, but not limited to, a photograph, basic information about themselves, and business licenses and other relevant credentials.  It is the sole responsibility of the customer to review a service provider’s profile including, but not limited to, their credentials and ratings and is solely responsible for their choice of a service provider. Should a customer use any basic service provided by Givarate or other Givarate affiliates, the basic information on the Givarate Profile will be used as default for any basic service irrespective of the kind of service.

5.    Givarate will not provide any insurance to any party to a transaction facilitated by our Website.

6.   Givarate shall not be a direct party to any transaction between the customer and the service provider utilizing this Website, is not vouching for either party to the transaction, and is not making any representations or warranties about any party that may use this Website.  The service providers are not employees of Givarate and are not in any way related to Givarate. If a customer is using a Givarate basic service, Givarate will communicate with the customer through that specific transaction service request.

7.    Givarate shall not be responsible for verifying any information provided by a customer or a service provider, nor does Givarate guarantee the reliability or accuracy of such information.  Despite this, Givarate reserves the right, in its sole discretion, to perform a background check on any party and to review any and all listings to ensure compliance with these Terms and Conditions.  In the event that Givarate determines that a customer or a service provider has violated any of these Terms and Conditions, Givarate shall have the right, at its discretion, to remove any listing or party in question from this Website without a refund and to bar the customer or service provider from using this Website.

8.    The response by a service provider to a customer’s request for a specific service to be performed at a specified price shall constitute a legally binding offer to the customer, to perform the service at the specified price, that will remain until the customer makes a decision to accept a service provider's offer. If accepted by the customer, it shall constitute a legally binding contract between the parties.  However, a customer is not legally bound nor obligated to accept any response provided by a service provider.

9.    All of the terms of any contract that may be entered into between the customer and the service provider shall be determined directly between the customer and the service provider and it is each of their responsibility to comply with those terms.  This includes, but is not limited to the specific service to be performed, the price for the service, and the date upon which the service is to be started and completed.

10. The service provider’s response to the customer’s request shall be its best and final offer to the customer to provide the requested service at the stated price, and will not be subject to further negotiation. The Service Provider may include PayPal charges in their estimated Price when responding to the customers price request, however, this does not guarantee that the customer will accept that final estimated Price. If customer denies the estimated price, the service provider will lose the opportunity to get that service done.

11. Givarate does not guarantee payment to a service provider from a customer obtained through this Website unless they are an affiliated service provider for Givarate.

12. Givarate does not guarantee the performance of either the customer nor the service provider.

13. Givarate shall not have any liability in the event that any person whatsoever is injured, or any property is damaged, in the course of a service provider performing any work on behalf of a customer.

14. Givarate shall not be responsible for dealing with any issues that may arise between the customer and the service provider and shall not be responsible for issuing any refunds.  It shall be the sole responsibility of the customer and the service provider to work out the terms of any refund arising from the services that were to be undertaken by the service provider. 

15. In order to utilize this Website, a customer must have the legal right to have the services, that they request on this Website, be performed.  

16. Any party utilizing this Website represents, warrants and agrees that they will not attempt to circumvent these terms in an effort to avoid paying any fees that may be due and owing to Givarate.  With respect thereto, any such party represents, warrants and agrees that they will not work outside the scope of these Terms and Conditions with any party to whom they were introduced through this Website.  Any breach of this provision shall be considered to be a material breach of these Terms and Conditions.

17. Upon the customer’s acceptance of a service provider’s agreed price, the customer shall pay the price agreed upon in order to have the service performed, which payment shall be processed by PayPal or any other payment gateway or method and transferred to Givarate’s PayPal account, where it will remain until the service has been marked as completed by the service provider and the customer.  Upon completion of the service, the service provider will click the service completed button.  The customer then has twenty four (24) hours either to also click the service completed button or to notify customer support of any concerns.  When the service is confirmed as completed by the customer, or if customer has not confirmed the completion of the service within 24 hours, the payment process shall begin to transfer from Givarate’s PayPal account to the service provider’s PayPal account or any other account provided by the service provider, without further notice to the customer, THERE ALSO MAY BE GIVARATE’S SERVICE FEE OF TEN PERCENT (10%) OF THE AGREED UPON PRICE. PLUS THE PAYPAL TRANSACTION FEE WHICH VARIES BASED ON LOCATION. 

Customers may be charged the 10% fee if they use other service providers apart from the service providers affiliated with Givarate. 

Users of this website should review all the transaction fees of PayPal or any other payment gateway used on this website, before making or receiving any payments on this website. Discounts may be available to service providers in specific categories of services based on marketing promotions that may be run for limited periods of time by Givarate. Givarate may also waive any PayPal fees for any user of the Givarate website if they choose to without any prior notice.

18. Should any user of this website use the offline payment system whether by choice or default, he/she agrees that Givarate is not responsible for any conflicts or problems of any offline transaction. User agrees that conflicts of all nature regarding offline payment is solely their responsibility and not Givarate’s unless Givarate is the service provider.

19. Upon the completion of a transaction, the customer will have the opportunity to write a review and rate the service provider.  Givarate reserves the right, in its sole discretion, to modify or remove a review.

 

Revisions

 

Givarate may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this Website including, without limitation, any content, products, services or prices offered through this Website.  Givarate shall not be liable to you or any third party should it exercise this right to modify or discontinue this Website.  Givarate also reserves the right to revise, at its sole and absolute discretion, the Terms and Conditions of this Website at any time.  All revisions will be posted on these Terms and Conditions and, unless you are in the EU, will be effective immediately upon its posting.  By surfing, using, browsing or purchasing on this Website, you are deemed notified and bound by any changes to these Terms and Conditions.  We encourage users to review these Terms and Conditions each and every time you visit this Website to remain informed of any changes to them.  If you are in the EU, you will have to provide your consent to any such changes.

 

Electronic Communications

 

When you visit this Website or send e-mails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Consent

 

By accessing, browsing and/or using this Website, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions and you agree to comply with all applicable laws and regulations.  If you do not agree to these terms then please do not use this Website.

 

Privacy Policy

 

The privacy of those who visit our Website is of primary concern to Givarate.  We adhere to the highest ethical standards of the industry.  By using this Website, you agree that you have reviewed and accepted our privacy policy.  We automatically gather some data from everyone who visits our Website, while other information is obtained at the discretion of the individual.  Our sole purpose in doing this is to enhance the experience of individual visitors to our Website.  None of this information is shared with outside parties other than companies we employ to perform functions on our behalf, to whom limited data is given as is necessary in order to complete a transaction or to maintain our relationship with you.

 

Cookies

 

Givarate reserves the right to store information on your computer in the form of a cookie or similar file for purposes of modifying this Website to reflect your preferences.  Cookies allow us to respond to you as an individual, thus allowing us to personalize, customize and quickly process and complete your experience without having to continually request the same basic information from you.  Cookies do not give us access to your computer or any information about you, other than the data you choose to share with us, and are not used to store any personal information such as name, address or payment information.

 

Disclosure to Authorities

 

Givarate cannot guarantee that all private communications and other personally identifiable information will never be disclosed in ways not otherwise described in these Terms and Conditions.  We reserve the right, and may be forced, to disclose any and all information to government bodies or government officials or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications.  As such, you authorize Givarate to disclose any and all information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, intellectual property infringements or other activity that is, or may be, illegal or that may expose Givarate to legal liability.

 

Indemnification

 

Unless the laws of the State of New Jersey which may provide to the contrary are applicable to you, you agree to indemnify, defend and hold harmless Givarate, and all of its parents, affiliates, subsidiaries, officers, directors, owners, employees, agents, contractors, licensors and licensees, attorneys, representatives, and their heirs, predecessors, successors and assigns, whether existing now or in the future, from all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising in connection with your use or alleged use of this Website or any breach by you of these Terms and Conditions, or the representations, warranties and covenants made by you by your agreeing to these Terms and Conditions.  Givarate reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you under this provision and, in such an event, you agree to fully cooperate with Givarate’s defense of such matter. Givarate’s assumption of the defense and control of any such matters shall not abrogate any of your obligations hereunder.

 

DMCA Agent Designation

 

In the event that you believe that you have a claim for copyright infringement for anything posted on this Website, a takedown notice can be directed to our DMCA agent who can be contacted as follows: Anthony Nelson, 6472 Iron Horse Boulevard, Apt 15g, North Richland Hills, Texas 76180 (252) 347-6723, honestprice@givarate.com.

 

Enforceability, Governing Law and Jurisdiction

 

These Terms and Conditions constitute the entire agreement between you and Givarate with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.  In the event that any of the terms or provisions of these Terms and Conditions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.

 

Your access to and use of this Website, and these Terms and Conditions, are governed and construed in accordance with the laws of the State of North Carolina, without regard to its conflicts of law provisions.  Any action against Givarate arising from, or relating to, your access to and use of this Website and the provisions of these Terms and Conditions must be brought by you exclusively in the state and federal courts located in the County of Pitt, State of North Carolina.  You consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the County of Pitt, State of North Carolina, for the adjudication of all claims by Givarate against you arising from, or relating to, your access to and use of this Website and the provisions of these Terms and Conditions.  You agree to waive any and all objections that you may have to North Carolina law as the governing law and to the sole and exclusive venue being Pitt County, North Carolina.  If you do not agree to these terms then you must immediately cease using this Website and its services.  Your continuing to use this Website and its services shall constitute your consent to these terms.

 

Givarate’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Givarate in writing.  You acknowledge and agree that you will not seek to litigate any claims against Givarate or any of its affiliates, existing now or in the future, on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.

 

Limitations on Actions

 

Unless the laws of the State of New Jersey which may provide to the contrary are applicable to you, any action concerning any dispute that you may have with respect to, arising out of, or in connection with this Website must be commenced within one (1) year after the cause of the dispute first arises, and your failure to do so will permanently bar any cause of action that you may have.

 

Your Representation

 

You represent that you are 18 years of age or older and that you are not under any legal or other disability which limits your ability to comply with these Terms and Conditions.

 

Effective date: August, 2019.

 

This Privacy Policy sets forth how we collect and process your personal data, and seeks to comply with the European Union’s new privacy law known as the General Data Protection Regulation (“GDPR”).

 

COLLECTION OF PERSONAL DATA

 

When you engage in a transaction on our Website, we may collect directly from you your name, e-mail address, IP address, web browser, bank account information, telephone number, physical address, country, category of service which you are seeking to have performed or which you are capable of performing, for the purpose of being able to perform the services for which you are retaining us.  We are processing this information based upon your consent to our doing so, our legitimate interests such as marketing and, with respect to the data necessary to process your payments, because it is necessary for the performance of your contract with us.  Data will be transferred to countries outside of the EU so long as it is necessary for the purpose of carrying out our contractual obligations to you or you have granted us your consent to do so.  The only people who may have access to your personal data, in addition to other users of our Website and parties acting as data processors disclosed elsewhere herein, are our administration team, our web developer, and our legal counsel.  This information will only be retained for as long as it is necessary to carry out the purpose for which it is collected, to fulfill our contractual obligations, or as long as it is required by law.  Of course, we will delete your personal data quickly upon request.  Other than as described above, we will not sell, share or rent your personal data to any third party.  Unless you are in the EU, by exploring and using this Website, and by submitting information to Givarate, you agree to Givarate’s use of such information as described herein as well as the terms and conditions set forth in our Terms of Use.

 

In order for us to be able to provide the services available on our Website, and to meet any of our related business obligations, you must provide the personal data that is required to do so.  Without that data, we are not in a position to do so. 

 

SECURITY

 

Security of all personal data of our users is a primary concern of ours.  Thus, we have adopted reasonable security measures to protect the security of our users’ information. We use, where appropriate, industry standard encryption technology, currently Md5 Hash key, and computer server firewalls when transferring and receiving consumer data exchanged with this Website.  We use email addresses to process payments through PayPal.  You will have the option of saving your PayPal email address in order to make it easier to process payments.  A series of security questions, icons and a password must be entered before you will be able to access those email addresses.  Nevertheless, we cannot guarantee complete security of your information inasmuch as no security systems are foolproof.  It is also important for you to protect against the unauthorized access to your information as well as to your computer.

 

DISCLAIMER

 

Unless you are in the EU, this privacy policy and all statements contained on this Website about privacy and how we deal with data supplied by visitors to this Website are not intended to be a contractual obligation of any kind and any such obligation is hereby disclaimed in its entirety.  These statements merely constitute the present policy of Givarate, which we will take reasonable measures to implement.  Similarly, this privacy policy is not intended to be “advertising” or “advertising claims.”  Rather, it is merely intended to set forth our policy, including our practices and intentions, as to how we conduct our business.

 

PROMOTIONAL INFORMATION AND E-NEWSLETTERS

 

When you sign up to our Website, you agree to receive Givarate notifications and promotional e-mails as well as e-newsletters and other e-mail special offers.  If you change your mind and no longer wish to receive our e-mails, you may opt out at any time simply by sending us an e-mail or by clicking on the unsubscribe link.

 

COOKIES

 

When you interact with our Website, we attempt to make your experience as easy and meaningful as possible.  Therefore, like many websites, we may use cookies and other technologies to track user activity and collect Website data.  Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record keeping purposes.  We use cookies to track information about your activities on our Website.  We also use cookies to store your preferences and to allow you to remain logged in as you use our Website.  We use session cookies for the proper functionality of our Website so that users of our Website can be recognized through their visit to it.

 

When you first access our Website, you should receive a message informing you that cookies are in use.  By your continuing to browse our Website, you agree to our use of cookies as described herein.  You do not have to accept our cookies.  You may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser’s preferences by following its instructions.  You can also delete cookies once they have been placed on your hard drive.  If you choose to disable or delete our cookies, you may still browse our Website but many of the features either will not work or may take more time to work.

 

LINKS

 

This Website may, from time to time, contain links to other sites.  We are not responsible for the privacy practices of any such sites.  They may also use cookies and other technologies.  However, we do not have access to, or control over, cookies or other technologies that they may use.  As such, the information practices of these sites are not covered by our policy, but rather are covered by their respective privacy policies.  Thus, you should be aware of when you are leaving this Website and take the time to read the privacy statements of any such sites if they are in the habit of collecting your personal data.

 

DATA PROCESSORS

 

Givarate does not own or control any servers but does control a database managed by GoDaddy, whose servers are located in Arizona.  As a result, personal data entered on our Website is stored on the database for which Givarate acts as the data controller and GoDaddy acts as the data processor.  The database itself is maintained by GoDaddy for the period of time that the hosting plan with Givarate is active, or until Givarate deletes it.  GoDaddy maintains backups of the database for its own purposes in the event that a server goes down, which are retained for fourteen (14) days. PayPal which all payments are  processed through acts as a data Processor with respect to personal data which it uses to process payments to Givarate LLC’s PayPal account at a certain fee for holding until service is completed, and from there the same money is paid to the intended service providers’ PayPal account, minus fees. These data used to process payments include, but is not limited to, the individual name, individual ID, email address, account type, and amount. The personal data is stored on fully redundant secure data centers which store the data real-time.  The personal data is stored for seven (7) years.

 

TERMINATION OF CONSENT

 

You have the right, at any time, to withdraw your consent to the processing of your personal data.  The withdrawal of your consent will not affect or invalidate the lawfulness of any data processing based upon your original consent that occurred prior to your withdrawal of that consent.

 

CORRECTION, AMENDMENT OR DELETION OF INFORMATION

 

You have the right, in certain situations, to have your personal data corrected, erased, to terminate the further dissemination of your personal data, or to have third parties cease processing your personal data.  In the event that you desire to revoke your previously granted consent to our Website collecting any personal data, and/or wish to have such information corrected, amended or deleted, and/or to terminate the further dissemination of your personal data or to have third parties cease processing your personal data, you can do so by contacting us at:  Anthony Nelson, 6472 Iron Horse Boulevard North Richland Hills, Texas, 76180 honestprice@givarate.com.

 

RIGHT TO YOUR PERSONAL DATA

 

You are entitled to receive a copy of your personal data free of charge so long as your request is not manifestly unfounded or excessive.  We must provide the requested information within one month of our receipt of your request, which time period can be extended by two additional months if necessary, so long as we inform you of the extension within one month of receiving your request and of the reasons for the delay.

 

RIGHT TO OBJECT TO PROFILING AND DIRECT MARKETING

 

To the extent that we may collect your personal data for the purposes of conducting profiling or direct marketing, you have the right to object to the processing of your personal data for those purposes.  In the event that you object to processing for those purposes, we will no longer process your personal data for those purposes.

 

DATA PORTABILITY

 

You have the right to receive your personal data in a commonly used and machine-readable format and to have your personal data transmitted to another information technology environment if it is technically feasible to do so.

 

RESPONSE TO “DO NOT TRACK” REQUESTS

 

We do not respond to web browser “do not track” signals.  As a result thereof, any navigation of our Website may be tracked as part of the gathering of quantitative user information described above.  If you arrive at our Website through the use of a link originating from a third party site that responds to “do not track” requests, the recognition of any “do not track” request you may have initiated will end upon your reaching our Website.

 

NOTIFICATION OF DATA BREACH

 

In the event of a data breach that is likely to result in a risk to your rights and freedom, within 72 hours of our becoming aware of the breach we are required to report it to you and the appropriate authorities.

 

COMPLAINTS

 

You have the right to lodge a complaint with the appropriate supervisory authority (Data Protection Authority) of a member state of the EU that is your habitual residence, your place of work, or the place of the alleged infringement of your rights.

 

NOTICE

 

Givarate may change this privacy policy from time to time.  Unless you are in the EU, all material changes to this policy are effective immediately upon its posting on this section of our Website.  If you are in the EU, you will have to provide your consent to any such changes.  We may also post these changes in the Terms of Use section of this Website and/or by sending an e-mail to users who have provided us their e-mail address for this notification purpose.