Gively Terms of Use

Please read this agreement carefully before continuing to use this website, placing, or finalizing an order with any Vendor using Gively's services. If you do not understand or have not read the Gively Terms of Use, you must cease using Gively services immediately. By clicking yes, you understand and agree to the following:

Gively's Services

Gively provides a Website and Services for use by Vendors. Vendors utilize this Website and these Services to allow you, the User, to place orders for the Vendor's own services in conjunction with the planning and/or execution of an event (e.g. a wedding). The Website and Services are paid for by the Vendor to Gively. Therefore, Gively's Website and Services, as they relate to you, the User, are only to provide a mechanism to pay for the Vendor's Services as the Vendor has defined them through Gively's Website and Services.

User's Access

You, the User, have accessed Gively's Website and Services for the purpose of engaging in a financial transaction with the Vendor. While Gively's Website and Services provide the foundation for this transaction, Gively takes no part in the transaction itself. However, by accessing Gively's Website and Services, you, the User, have agreed to be bound by all notices and policies posted throughout Gively's Website and Services including, but not limited the Gively Privacy Policy and the Gively DMCA Policy. The policies may be found on any page of Gively's Website. Direct links to these policies are included for your convenience below:

Privacy Policy
DMCA Policy

Please navigate to, and print these policies for your records, as your acceptance of Gively's Terms of Use and completion of a financial transaction with the Vendor will navigate you to a Third-Party Website.

Third-Parties: Websites and Payment

Gively and the Vendors utilizing Gively's Website and Services may, from time to time, include Third-Party Website links on pages you, the User, may view. These websites may include the Vendor's own website, or other websites not associated with Gively. Gively Websites are those websites identified with the following language: "this website is powered by Gively.com!" Gively does not check or verify any Third-Party Website links provided by Vendors. You may choose to navigate to these Third-Party Websites, but you do so at your own risk.

As discussed above, Gively does not handle any money in the financial transaction between you and the Vendors. As such, Gively uses a Third-Party Payment System to complete and manage the transaction. The Third-Party Payment System is in no way employed by, working with, or otherwise associated with Gively, its Website, or its Services. For this reason, when you accept Gively's Terms of Use, you will be prompted to navigate away from the Gively Website and Services and complete your transaction elsewhere. Currently, Gively provides Vendors access to PayPal as its Third-Party Payment System. Any questions, comments, or concerns regarding your financial transaction with the Vendors should be addressed to PayPal. Gively encourages you to review the PayPal User Agreement, Privacy Policy, Acceptable Use Policy, and all other relevant Legal Agreements which you must adhere to when finalizing your financial transaction with the Vendors on PayPal. PayPal also provides its users with certain security and financial protections. Gively encourages you, the User, to read and understand these policies and procedures as well.

Disclaimers

As discussed above, neither the Gively Website nor its Services are responsible for any financial transaction between you and Vendors who utilize the Gively Website and Services to offer Vendor services to you. For this reason THE GIVELY WEBSITE AND SERVICES AS THEY ARE ACCESSED BY YOU, THE USER, ARE PROVIDED "AS IS" AND AS AVAILABLE, AND GIVELY MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. YOU, THE USER, ACCESS THE GIVELY WEBSITE, SERVICES, AND ALL THIRD-PARTY LINKS AND CONTENT AT YOUR OWN DISCRETION AND RISK. GIVELY HAS NO OBLIGATION TO INDEMNIFY YOU, THE USER, OR DEFEND YOU AGAINST CLAIMS RELATED TO BREACH OF CONTRACT, TORT, STRICT PRODUCTS LIABILITY, OR ANY OTHER CAUSE OF ACTION. Gively does not represent that the Website or Service will perform without error or immaterial disruption.

Limitations on Liability

Furthermore, because Gively is not involved in the financial transaction between you, the User, and the Vendors, IN NO EVENT WILL (a) GIVELY'S LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE BEAR ON THE FINANCIAL RESPONSIBILITIES OF YOU, THE USER, AND/OR THE VENDORS; or (b) GIVELY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING COVER AND/OR SUBSTITUTE PRODUCT LOSSES, LOSSES DUE TO AN INTERRUPTION OF SERVICE, LOSS OF USE, IMPOSSIBILITY, IMPRACTICABILITY, OR FRUSTRATION OF PURPOSE OF THE EVENT FOR WHICH VENDORS SERVICES ARE INTENDED, OR ANY INTENDED OR UNINTENDED BREACH OF CONTRACT BY ANY OTHER PARTY INCLUDING, BUT NOT LIMITED TO YOU, THE USER, OTHER USERS, THE VENDORS, OR INTENDED BENEFICIARIES OF THE VENDORS SERVICES OR YOUR FINANCIAL TRANSACTIONS. THE LIABILITIES LIMITED BY THIS SECTION APPLY (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF GIVELY IS ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF YOU, THE USER'S, REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

What To Do If Things Go Wrong

Gively recognizes that not every event goes as planned. Without waiving its Disclaimers or Limitations on Liability, Gively is committed to helping resolve conflicts between you, the User, and the Vendors. While the financial transaction and rendering of services are beyond the scope of Gively's own Website and Services, Gively provides you, the User, with the contact information provided to Gively by the Vendor. Should any problem with the Vendor arise, you should contact the Vendor. This applies to any number of situations which include, but are not limited to: if a Vendor fails to provide the services for which you, the User, paid; if the Vendor fails to render its services to your satisfaction; if the event is cancelled; if the Vendor chooses to cancel its services prior to the event; or if the contract between you and the Vendor is otherwise breached.

In some circumstances, a Vendor will have a prior contract with the party planning the event to provide services. The Vendor's use of Gively's Website and Services may or may not be subordinate to that contract. You, the User, should contact the event planner to determine whether your problem can be addressed under that contract. With regard to any other information which Gively may provide to you, the User, the Vendor, or any other Third-Party, Gively adheres strictly to its Privacy Policy and shall not disclose Personally Identifiable Information other than what is listed in the Privacy Policy and/or this Section, unless required by law.

Contacting Gively

Due to Gively's own relationships with its Vendors, you, the User, are encouraged to contact Gively in the event that something does go wrong between you and a Vendor. If you wish to submit a complaint, please include your name, your transaction number, and the nature of your complaint by email to:

hello@gively.com

Gively shall review your complaint and conduct an investigation into the matter, but reserves the right to not disclose to you the results of its review or investigation, or its course of action.