Terms & Conditions

PeachTree Marketing Ltd

The Gift Fund

Terms and Conditions (“Terms”)

These Terms were last updated on [DATE].

About these Terms

We kindly request that you (“User” “You” or “Your”) carefully read these Terms which set out important information relating to Your rights, remedies and obligations when using PeachTree Marketing Ltd’s (“PeachTree”, “Our”, ““We”,or “Us”) Progressive Web Application (“PWA”).

These terms and conditions of use, together with the Privacy Notice, regulate Your use of Our PWA available for download and use via www.thegiftfund.com.

These Terms establish a legal agreement between the You and Us as defined further below.

Effectiveness and applicability

These Terms are effective as from [DATE].

From the moment that You first make use of Our PWA, these Terms shall apply and You are deemed to have agreed to be bound by such Terms from such moment in time. Should You object to be bound by these Terms, please immediately refrain from using the PWA.

Who We are

This PWA is operated by PeachTree, a company incorporated in Malta with registration number C100319 and registered address at 21, Gunlayer Street, Floriana, Malta.

The PWA is an online presentation of our project called The Gift Fund. Moreover, the PWA is a platform which enables Users to host or contribute towards fundraising events  (“Services”). The Users may either be organizers to these fundraising events (“Organizers”) or otherwise invitees (“Invitees”) invited by Organizers to contribute to the fund. The Organizer will set up an event on the PWA which Users will be able to fund directly to the organizer. The PWA is free to use, and no funds will be directly held by Us.

To contact us, please email [email protected].

Amendments to the Terms

The Terms may be revised at any time and at the sole discretion of PeachTree. The User’s continued use of the PWA after the effective date of revisions of these Terms constitutes the User’s understanding and acceptance of the revised Terms. We recommend that the User regularly reviews this page. By accessing the PWA, the User agrees to these Terms. In the event the User does not agree with these Terms, then the User must not use the PWA, nor our Services offered.

Your use of the PWA as a User

Our PWA and the information provided on it are available to browse free of charge.

In order to use the PWA You must be over 18 years of age or over the age for which the use of the PWA and the Services are legal under the laws of any jurisdiction which applies to You (“Legal Age“). The PWA and the materials incorporated therein are not designed to appeal or target those who have not yet reached the Legal Age.

The ability to access the PWA does not necessarily mean that the Services, and/or Your activities via the PWA, are legal under the laws, regulations or directives applicable to You. The content on the PWA may contain references to, links or marketing materials of third parties and/or specific content belonging to third parties.

Your use of the PWA as an Organizer

The Organizer acknowledges and agrees that:

  • The Organizer is located in a jurisdiction where it is lawful to use the Services;
  • The Organizer is above the age of 18 or the age of legal consent for engaging in or using the Services;
  • Any information provided by the Organizer in the registration process is truthful and up to date;
  • The Organizer has evaluated the laws, regulations and directives relating to the use of the Services and that such use or access to the Services will not violate any applicable law, regulation or directive;
  • The Organizer shall verify any additional terms imposed by third-party operators featured on the PWA, for the use of their services as may be amended from time to time.

Organizer Account Registration and Closure

In order to use the Services provided on the PWA, the Organizer shall complete a registration procedure and create an account on Our PWA.

Each Organzier must register personally and shall not have more than one active account.

If the Organizer chooses, or is provided with, an Organizer identification code, password or any other piece of information as part of our security procedures, the Organizer must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any Organizer’s account, whether chosen by You or allocated by Us, at any time, if in our reasonable opinion You have failed to comply with any of these Terms.

If You know or suspect that anyone other than You knows your user identification code or password, You must promptly notify Us at [email protected].

In the event the Organizer wishes to close his account, the Organizer is to contact Us at [email protected].

Your use of the PWA as an Invitee

The Invitee acknowledges and agrees that:

  • The Invitee has given all necessary consents to allow the Organizer to submit the invitee’s name and email address on the PWA.
  • The Invitee is located in a jurisdiction where it is lawful to use the Services;
  • The Invitee is above the age of 18 or the age of legal consent for engaging in or using the Services;
  • Any information provided to the Organizer is truthful and up to date;
  • The Invitee has evaluated the laws, regulations and directives relating to the use of the Services and that such use or access to the Services will not violate any applicable law, regulation or directive;

Data protection

Following account registration, the Organizer shall submit on the PWA the names and e-mail addresses of the Invitees. The Organizer shall be responsible for such Invitees’ personal data as a data controller under the General Data Protection Regulation (Regulation (EU) 2016/679) and shall therefore be responsible for obtaining any necessary consents from the Invitees prior to submitting their data on the PWA.

Since our Services involve the processing of information on the User, We have implemented specific a Notice on Our PWA which provides the necessary information on the processing of Users’ personal data (“Privacy Notice”), in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679).

Additionally, We have also set out how we use cookies on Our PWA (“Cookie Notice”). The Privacy Notice can be found on the following link: https://thegiftfund.com/privacy-policy/ . The Privacy Notice constitutes an integral part of these Terms.

Access to the PWA

We may terminate or suspend Your use of the Services and/or PWA at any time without providing any financial compensation to you, at Our sole discretion and for any reason which may include but is not limited to a breach by You of these Terms.

We reserve the right to block access from countries in which Our Services and/or the services of third parties contained on Our PWA may not be offered. We reserve the right to change, at Our sole discretion, the list of restricted countries from which We will not accept User registrations. Any such change shall be effective immediately.

We do not guarantee that Our PWA or that any content made available on it will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of Our PWA without notice. We will not be liable to You if for any reason our PWA becomes unavailable at any time or for any period. You are responsible for making all arrangements necessary for You to have access to Our platforms. It is Your responsibility to ensure that all persons who access Our PWA through Your internet connection are aware of these Terms and other applicable terms and conditions that may apply to such use, and that they comply with them.

Updates to the PWA

We may at Our sole discretion update, change, add or remove the available Services and/or other sections available on our PWA at any time. You are aware that any content, information or data available on the PWA, whether generated by Us or made available by a third-party, may be out of date at any given time. We assume no obligation to update this information. We provide no guarantee or undertaking that the PWA and the platform, content, information and data made available through it will be free from errors or omissions.

Intellectual property

Any content such as logos, images, articles and/or videos provided on the PWA belong to PeachTree, unless otherwise specified.

No intellectual property rights in that content are transferred to You and may not be reproduced, used or represented by You in any way, unless expressly authorised by PeachTree and within restrictions laid out by Us.

You may not copy, publish, repost, republish, archive, store, create derivative works of, redistribute or disseminate to third parties any content from the PWA, without the prior consent of PeachTree.

You agree to refrain from gaining or attempting to gain any unauthorised access to Our computer systems, servers, databases and/or used in connection with Us or for the purposes of this PWA.

PeachTree respects the rights of intellectual property owners. If You believe that any information or data on the PWA infringes Your intellectual property rights or other rights, please get in touch with Us immediately at [email protected] and We will undertake to remove information or data that belongs to You immediately.

Any failure to adhere to such restrictions shall result in a breach of these Terms on Your part.

Warranties

By visiting the PWA or using Our Services, You warrant and agree not to and not to permit others to:

  • access or collect any personally identifiable information of other Users or visitors of the PWA for any reason whatsoever;
  • use the PWA or Services in connection with any unlawful activity;
  • distribute any malicious code viruses, spyware, trojans, worms, spybots, keyloggers or any other form of malware or any other device of similar intent to the PWA or services or upload any upload files designed to harm the PWA, the services or the users or visitors to the PWA or users of the Services;
  • modify, lease, copy, distribute, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell any of the PWA content, or trademarks;
  • make the software available to any third party through a computer network or otherwise;
  • take any action that would reduce or harm PeachTree’s, its affiliates or the PWA’s goodwill or reputation.

You agree not to use the PWA for any commercial or business purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Although We make reasonable efforts to update the information on Our PWA, We make no representations, warranties or guarantees, whether express or implied, that the content on Our PWA is accurate, complete or up to date.

THE PWA, THE SERVICES AND ALL MATERIALS MADE AVAILABLE VIA THE SERVICES ARE MADE AVIALABLE ON AN “AS IS” BASIS. WE DO NOT WARRANT THAT THE PWA, THE SERVICES PROVIDED HEREIN AND/OR ANY AND ALL MATERIALS PROVIDED ON THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY SUCH DEFECT WILL BE CORRECTED.

Limitation of Liability

The Invitee will not be required to register an account with Us. However, the Users, being both the Invitee and the Organizer, are solely responsible for their use of the PWA. As a result, We accept no responsibility or liability in connection with or arising from the use of the PWA or its content on any basis whatsoever and anyone who relies on the same, in whole or in part, for any purpose does so entirely at their own risk.

We shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your electronic equipment, programs, data or other proprietary material due to Your use of the PWA.

We shall not be liable to the User(s) or any third party in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with Your, or any third party’s, use or access to the PWA or the Services, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits, or any other pecuniary or consequential loss (even where We have been notified by You of the possibility of such loss or damage).

Where the PWA contains links to other sites and resources provided by third parties, these links are provided for Your information only. Such links should not be interpreted as approval by Us of those linked websites or information You may obtain from them. We have no control over the contents of those sites or resources and We accept no liability or responsibility in connection with or arising from Your use of third-party content and websites.

There is nothing in these Terms that excludes or limits Our liability arising from fraud, or any other liability that cannot be excluded or limited by Maltese law. To the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to Our PWA whether express or implied.

Viruses

We do not guarantee that the PWA and/or any of the Services provided therein will be secure or free from bugs or viruses. You are responsible for configuring Your information technology, programmes and platform in order to access Our PWA. You must not misuse Our platforms by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the server on which Our PWA is stored or any server, computer or database connected to Our PWA. You must not attack Our platforms via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under applicable law. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use Our PWA will cease immediately.

Governing law and jurisdiction

These Terms, its subject matter and its formation are governed by Maltese law. You agree that the courts of Malta will have exclusive jurisdiction in relation to any proceedings resulting from Your use of the PWA.