giv application or websites i.e. https://www.givdigital.ae and https://www.givpayment.com/ (“Sites”), including subpages, applications as well as social media accounts (collectively the “Platform”) are operated by GivTech Information Technology LLC. References in these Terms Of Use to we, our or us (or similar) are references to giv which can be used interchangeably in this Terms Of Use.
You should read these terms carefully before using our Platform. Your registration, access to and continuous use of our Platform confirm that you have accepted and are bound by these terms and will comply with these terms in full without reservation with immediate effect. These Terms Of Use shall remain valid and apply at all times during your use or access of our Platform for any reason. If you do not agree with all or part of these terms, you must not use or access our Platform and shall deactivate your account.
We may update our Platform and modify these Terms Of Use at anytime without prior notice by amending this page. Our business changes constantly and may modify these Terms Of Use from time to time. Whenever there is a change, we will post the current version of these Terms Of Use on the Platform which will be effective upon the date designated by us as the "effective date". These Terms Of Use may change at any time without notification to Users. It is your obligation to keep up to date with these Terms Of Use by visiting our Platform frequently to see recent changes.
Your continued use of the Platform following any such revisions binds your agreement to these Terms Of Use as so modified.
For details related to collecting and processing your information, please refer to our Privacy Policy.
All the contents on our Platform are for general information only. While we do our best to keep the information on our Platform up-to-date, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or updated.
Service Description
giv facilitates digital cashless giving and receiving of tips and/or payments for goods and services. Through the Platform, customers who wish to give tips or payments (“Givers”) can transfer money to individuals or businesses offering products and services who accept tips and payments (“Recipients”) (together “Users”). Givers may give their tips and/or payments to Recipients giv accounts using accepted online / digital payment methods. Recipients may receive tips and payments and monitor their balance in their giv account and can transfer their money from their giv account into their preferred bank account in UAE.
giv reserves the right to introduce new / additional services and update or immediately withdraw any of the services at our sole discretion.
Your Eligibility and Obligation
You may use the services of giv if you are 18 years and older with UAE mobile number and, for businesses and its authorized representatives, have contractual capacity / authority to bind that organization to these Terms Of Use and are not barred under any applicable laws from doing so. Anyone who is minor / under the age of 18 shall not register as a User of the website and shall not transact on or use the website. You shall ensure the accuracy of all information you provide and maintain complete, correct, and current information while using our Platform at all times. We may request other supporting proof such as documents and/or additional information to verify that the information you provided is correct and you agree to cooperate with our requests for additional details as necessary with respect to the validity of your identity and your eligibility and usage of our services. We reserve the right to approve or decline any request to create an account and to immediately and without notice suspend, refuse access to or terminate your account at our sole discretion and will not be liable to you for exercising this discretion.
You may create only one account for yourself and you are prohibited to use the account of anyone else or operate an account on behalf of another person or business unless you have contractual capacity / authority to represent such business and shall not disclose your login credentials nor permit any other person use your account. User is responsible for maintaining the confidentiality of his/her account. You will be solely responsible and liable for any activity including all transactions incurred using your giv account whether or not your use, access and transactions were properly authorized by you. You accept the risk of incurring any loss in connection with any unauthorized transactions made using your giv account. You agree to immediately notify us if your device and/or access has been stolen or being used by an unauthorized person or any other breach of security.
You must not use our service and Platform for any unlawful, fraudulent or malicious purposes. You shall not use our service in any way that could damage or compromise our Platform or its security.
Payments, Charges, Refunds and Statements
Accepted payment methods are Apple Pay, Google Pay and Visa or Mastercard debit / credit cards in AED currency and you represent and warrant that usage of any of these payment methods are authorized by you. giv will rely on the payment transactions using your bank cards and/or or mobile device used for making the payments on the Platform as conclusive evidence that the payment was authorized by you, even if the payments were made without your authorization, unless and until we receive a notice from you that your bank cards and/or mobile device have been lost or stolen. Cardholders must retain a copy of transaction records and Merchant policies and rules.
We charge a nominal fee of 2% (“Platform Fee”) for utilizing our Platform to facilitate cashless payments on behalf of businesses and tip earners which helps us provide the platform with seamless interface as possible and allows us to serve both the givers and recipients with exceptional customer experience. A Payment Processing fee, which is currently 2.9% + AED 1.10 (+ VAT) applies per transaction for local (UAE issued) cards. There is additional 1% for using international cards and if currency conversion is required, an additional 1% fee will apply. Pricing details are mentioned on the website and giv reserves the right to revise and/or add applicable charge(s) from time to time at its sole discretion without prior notice. When receiving tips and payments using giv, the fee(s) is automatically calculated and adjusted on the amount received hence the earnings shown on the Recipients dashboard is the net amount after the fee(s) has been applied. Some applicable charge(s) like VAT, international card transaction fee(s) and currency conversion fee(s) might be adjusted at the time of settlement - in this case, a supporting report will be provided to the Recipient.
The breakdown for each transaction can be viewed on the Transactions section of your account. Payment processing fees related to transactions using international cards may not reflect in the Transactions or Reports section of your giv account and will be provided as supporting report. A Giver who gives tip may have the option to voluntarily absorb the fee(s) so the Recipient receives the whole amount of the tip, otherwise the fee is debited from the amount received by the Recipient. giv reserves the right to enable or disable this functionality at anytime without notice at its sole discretion. The fee(s) for payments for products and services to merchants is completely absorbed by the merchants.
When Recipients sign up on the Platform, you give us full permission to act as your commercial agent collecting money on your behalf from Givers who give tips or make payments using the Platform and you allow us to receive payments through giv and then transfer your earnings into your UAE bank account upon your request.
While every transaction is designed to reflect instantly, it may take up to seven (7) days before a transaction reflect on Recipient’s account on giv. A Recipient may cash out his/her earnings as per the frequency and time period set out by us which can change from time to time at our sole discretion. It may take up to seven (7) days before the fund becomes available to be cashed out. Only when a transaction is complete, that is, when the funds are received from the payment network and when we have accepted them, will the funds being cashed out be transferred to your bank account. You acknowledge that any credits for funds are only provisional and may be reversed for a variety of reasons, including but not limited to adjustments for errors, chargebacks, reversals, or claims made in accordance with these Terms of Use and the card network payment rules, whether or not a transaction is charged back by the card issuer or the cardholder. Accordingly, you give us the right to process necessary adjustment (debit and/or credit) entries to the bank account and to start or stop such transactions in accordance with these Terms of Use as may be necessary to grant or reverse provisional credit for any transaction.
A Chargeback occurs when customer contacts their bank to contest a payment to you for a number of possible reasons. Disputed payments incur a AED 60.00 fee (‘Chargeback fee’) plus any associated fines or penalties and expenses as assessed by the third party payment networks / processors which will be recovered by debiting the bank account associated with your giv account. If the customer’s bank resolves the dispute in your favor, the Chargeback fee will be refunded to you.
The available funds in Recipient’s giv account remains under our control and management until the funds are paid or transferred into your bank account. We may set a minimum threshold for cashing out funds from your giv account and such minimum threshold may change from time to time at our sole discretion. Only available amounts can be cashed out and will be paid out to the UAE bank account you provided on the Platform. Settlement charges will be adjusted from the amount being cashed out. Only UAE bank account is accepted to receive the funds you cash out. A Recipient who does not have a UAE bank account may or may not be allowed to use the Platform and may or may not be allowed to use alternative pay out methods in the case of non-availability of a UAE bank account at our sole discretion. giv shall not be responsible for any risk of loss after the funds are transferred to the bank account or payment method details you provided. The time period it takes to reflect the funds in Recipients bank account after cashing out depends on your bank and should be followed up on by Recipients directly to their respective bank. We are not responsible for any action by the entity holding your bank account that may, for whatever reason, prevent all or a portion of the cash from being credited to or made available to you in your bank account. giv reserves the right to refuse to process cash out requests that we believe, in our sole discretion, is in violation of this Terms Of Use, or exposes you, giv, payment processor, or any other third party to actual or potential risk or harm, including, but not limited to, fraud and other criminal acts. You are hereby granting us authorization to share information with law enforcement about you, your transactions, or your giv account for any form of transaction done on our Platform that might require investigation.
Any payment transaction made on the platform by the account owner (Recipient) using his/her personal bank card under their name may not be accepted and giv reserves the right to refund the amount (minus the processing fees incurred from payment network / processor) back to the recipient's card. Using giv to withdraw money from Recipient’s personal bank cards is prohibited and may result to your giv account being suspended or deactivated.
You must notify us in writing as soon as possible after you become aware of any unauthorized transaction using our platform. In order to claim a refund for an unauthorized transaction using our Platform, you must notify us without delay after becoming aware of the unauthorized transaction and, at the maximum, within seven (7) days from the date of the transaction – beyond this, no cancellation and/or refund can be processed. We will use reasonable efforts to help recover the funds into the original mode of payment but without accepting liability whatsoever for any losses you have incurred. For eligible refunds, the refund will be made back to the payment solution used initially by the customer which could take up to 45 days for the refund transfer to be completed. By doing a transaction through our Platform, you agree that we do not accept any responsibility or liability whatsoever including, but not limited to cancellation requests and refund claims, for incorrectly executed payments or changing of mind about the transaction after payment has been executed. We do not accept any responsibility or liability whatsoever for items or services purchased from businesses/merchants/service providers/professionals and any cancellation and refund claims to such purchased items or services shall be directed towards the respective business entity.
Recipients may view and download transactions report from the Reports section on your giv account. No printed statements will be provided. The information contained in the report or statement, including any attachments, may be privileged or confidential and is only meant for the respective owner of the account. You shall let us know without delay if you are not the intended recipient or owner of the account or if you received or gotten hold of a report or statement in error and you agree that the report/statement and its attachments may not be read, copied, distributed, or used in any way; any hard copies of it must be deleted and destroyed. There are no financial instructions or commitments of any type in any of the report or statement that you download for your giv account. Decisions we make regarding the validity of transactions are at our sole discretion. Except when required by law, you are exclusively responsible for reconciling your transaction reports with your records. Should you discover any discrepancy in reconciling your transaction reports, you undertake to notify us within sixty (60) days of the time the difference first appears on your transaction report. We will investigate any reported discrepancies that you or we find and attempt to rectify by making necessary adjustment (debit or credit) entries to your giv account as appropriate. If you are owed money as a result of a discrepancy, the amount will be transferred to your bank account in your next cash out / settlement. Any entitlement to sums owed to you in relation to any error or discrepancy will be presumed waived if you fail to notify us of it within the allotted sixty (60) day period. You consent that all transactions and relevant statements may be monitored or recorded by us for use in business practices, prevention of unauthorized use of Platform, and in respect of detecting and preventing crime in accordance with the laws of the UAE.
Customers who make a successful transaction using the platform may receive a confirmation notice by email and/or SMS.
Term and Termination
These Terms of Service are effective upon your acceptance to all terms as set forth herein and continue in effect until terminated.
giv may terminate your right to use our services at any time for (a) your breach of these Terms of Use; (b) your misuse or abuse of the services and the Platform; (c) if your access and use would violate any applicable UAE laws and regulations that would expose giv to legal liability or (d) for any reason at our sole discretion without notice.
You may terminate your access to our services and our Platform by deleting your account. In the event there is a separate agreement between you and giv governing your use of our services and that agreement terminates or expires, these Terms Of Use shall govern your use of our services unless and until you delete your account. You may delete your giv account at any time but you may not be issued a refund unless legally required or in accordance with this Terms Of Use.
Upon termination, all rights granted to you under these Terms Of Use shall immediately cease and you must immediately discontinue all activities permitted by these Terms Of Use including your use of our services and Platform.
We will continue to retain complete ownership of all data that has been generated out of your use of our Platform up to the effective date of termination.
Intellectual Property, Copyright and Trademarks
Except otherwise specified, we (or our licensors or content suppliers, as the case may be) are the owner of all content included and published on our Platform and retain all rights, title and interest in and to any information, including, without limitation, all Intellectual Property Rights therein. You may not reproduce, extract and/or use parts of the content on our Platform without our written permission. You shall not reproduce or use any files (such as what are provided and/or available on our Platform for download) for business purposes or in any way not expressly granted in these Terms Of Use and without our prior written consent. If you do so in breach of these Terms Of Use, your rights granted in these Terms Of Use will immediately cease and you must immediately, at our instruction, return or destroy any copies of the materials you produced.
Any information or content you provide in connection with your use of our Platform and services, including all Intellectual Property Rights therein, will become our property.
Any trademarks including, but not limited to, copyrights, graphics, logos and service names compiled or included in or made available on our Platform shall not be altered, reproduced or used without our prior written permission. In addition, our trademarks may not be used in connection with any business or services that are not owned or provided by or not related to giv and in any manner that is unlawful, likely to cause confusion among customers and in any manner that could discredit the credibility of giv. Any trademarks that appear on our Platform which are not owned by giv are the property of their respective owners / providers, who may or may not be connected to giv.
Association With Our Platform
Our Platform must not be linked or associated with of framed on any other website without our express written consent. You must not establish a reference to our Platform to suggest any form of association or endorsement on our part where there is none.
Our Platform may contain links to other websites and resources from third party providers for information purposes only and giv does have no control over the contents of such websites or resources.
Any content you upload to our Platform will be considered non-confidential and non-proprietary. While you retain all of your ownership rights in your content, by uploading such contents on our Platform you grant us, and other users of the Platform a limited irrevocable worldwide fully paid-up license to use, copy, store and process that content and to distribute and make it available to third parties. You shall be responsible and liable to any third party for the content and accuracy of the contents posted by you on our Platform. Should any third-party claim that the content you posted on our Platform constitutes violation of their privacy rights, intellectual property rights or of any applicable laws, we shall have the right to disclose your identity to such third party. We have the right to remove any posts you make on our Platform at our sole discretion without prior notice. You acknowledge that the views expressed by other users on our Platform do not represent our views or values.
Warranty and Support
Our services are provided to you on an “as is” basis which may have faults and errors. We make no representations, warranties or conditions of any kind whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, or of compatibility. We do not warrant that the Platform is secure or free from bugs, errors or inaccuracies or will operate without interruption or will be provided in a timely or proper manner or at all.
While we will make reasonable commercial efforts to ensure that you our Platform allows you to make full use of our services, we do not warrant that the use of our Platform will always be available or uninterrupted. We will not be responsible or liable for any damages or losses whatsoever or howsoever arising as a consequence of any non-availability of the Platform.
Liability and Indemnity
We (including our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors) will not be liable to any user whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in relation to these Terms of Use for any loss or damage, even if foreseeable, arising under connection with use of, or inability to use, our Platform. In particular, we (including our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors) will not be liable for loss of profits, sales, business, or revenue, business interruptions, loss of anticipated savings, loss of reputation, or any indirect or consequential loss or damage.
In addition, you agree not to hold us (including our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors) responsible for any damages and losses resulting directly or indirectly from the information and content you provide and upload on our Platform, your use or inability to use our services, non-availability or disruptions on our Platform, malicious software obtained by accessing or linking to our Platform, errors or inaccuracies of any kind, content and actions or inactions of third parties using our services, any failure or delay in performance caused by any act or event beyond our reasonable control such as failure of telecommunication networks, suspension or any action taken by us with respect to your usage of our services.
To the maximum extent permitted by law, our total liability and that of our affiliates, officers, employees, agents, suppliers or licensors, arising out of or in connection with these Terms Of Use shall be limited to the lower of AED 500 (Five Hundred United Arab Emirates Dirhams) or the amount in dispute not to exceed the total amount you paid for our services during the twelve (12) months immediately prior the event to which the liability relates.
You agree to indemnify, defend, and hold us (including our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors) harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) (“Claims”) arising out of or in connection with any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relating to: (a) your violation of any of the provisions of these Terms of Use, including, without limitation, any of the warranties, representations and undertakings; (b) your violation of any applicable laws; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) any claims or demands made by any third party due to or arising out of your use of our services and Platform; (e) the manner in which you use our services.
Country of Domicile Governing Law
United Arab of Emirates (“UAE”) is our country of domicile and we do not and will not provide any services to Office of Foreign Assets Control (“OFAC”) and sanctioned countries in accordance with the law of UAE.
This Terms Of Use shall be governed by and construed in accordance with the laws of the UAE. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in UAE.
Contacting Us
You may contact us through email at suppport@givpayment.com
