Terms of use and sale

1. Who we are and acceptance

These terms are a contract between you and GIVEITAWAY, registered at [to be completed] (registration number [to be completed], VAT —), which publishes HAWA and runs https://giveitaway.club. By browsing the site, creating an account, requesting an estimate, accepting an estimate, installing a licence or using the platform, you accept these terms and our Privacy policy. If you act for an organisation, you confirm that you are authorised to bind it; "you" then means both you and that organisation. Specific terms written in an accepted estimate, a signed contract or an order form take precedence over these general terms where they differ.

2. Definitions

• Site: https://giveitaway.club and its pages, forms, customer space, learning centre and guides.
• Customer: the school, university, company or other organisation that orders equipment, licences or services.
• User: any person who uses the site or the platform, including visitors, customer contacts, administrators and teachers.
• Platform: the HAWA software, including the administration interface, the terminal application and the desktop application.
• Terminals: biometric or card devices sold or supplied by us.
• Licence: the right to use the desktop application on a given number of workstations for a given period.
• Estimate: our written price proposal for products and services, shown on the order page.
• Order: an estimate accepted by the Customer.
• Content: texts, images, videos, guides, tutorials and documents on the site.

3. Professional use

Our products and services are intended for educational institutions and professionals. You must be at least 18 years old and have legal capacity to use the shop and the customer space. Where mandatory consumer protection rules apply to you, nothing in these terms limits them.

4. Customer account

• Provide accurate, complete and up-to-date information, and keep it current.
• Keep your password confidential and use two-step verification as required by the site. You are responsible for activity carried out with your account.
• Tell us immediately at infos@giveitaway.club if you suspect unauthorised access.
• We may suspend an account in case of suspected fraud, security risk or breach of these terms, and we will tell you why unless the law prevents it.
• You may delete your account at any time from the "My data" page. Confirmed orders are kept as required for accounting.

5. Acceptable use

You agree not to:

• use the site, the shop or the platform for any unlawful purpose or in breach of the rights of others;
• try to access accounts, data or systems without authorisation, or test the security of the site without our written permission;
• introduce malware, overload the service, or interfere with its operation;
• copy, scrape or collect content or data by automated means, except search engines respecting robots.txt;
• reverse engineer, decompile or modify the platform or the terminal software, except where the law expressly allows it;
• send spam, misleading requests or messages through our forms, email, WhatsApp or SMS channels;
• impersonate another person or organisation, or misrepresent your authority;
• use biometric data or attendance data for purposes other than those permitted by law and by the people concerned.

We may remove content, block access or end the contract in case of serious or repeated breach.

6. Website content, learning centre and guides

• Content is provided for general information. Guides, tutorials and product descriptions are not legal, tax, HR or technical advice for your specific situation.
• We try to keep information accurate and up to date but do not guarantee that it is complete or free of errors.
• Full video tutorials are reserved for customers as described on the learning centre. You may watch them for your own training; you may not download, re-upload, sell or publicly broadcast them.
• Videos are hosted on YouTube and governed also by YouTube's terms. Videos may be in English with subtitles where available.
• Links to third-party sites are provided for convenience; we are not responsible for their content or practices.

7. Products and prices

• The catalogue presents terminals, desktop licences, accessories and services. Photos and illustrations are indicative. Technical specifications come from manufacturers and may change; the configuration that applies is the one confirmed in the estimate.
• Prices are in US dollars (USD) unless the estimate states otherwise. Prices shown on the site are current prices for information; only the estimate is binding.
• Unless the estimate says otherwise, prices exclude import duties, customs fees, local taxes (such as VAT or sales tax) and bank charges, which are payable by the Customer.

8. Estimates and orders

• An estimate request does not commit you. We send an estimate on your order page with current prices, shipping costs, lead time and validity date.
• An estimate is valid until the date shown. After that date, prices and availability may change and a new estimate may be needed.
• The contract is formed when you accept the estimate online (or sign it) before its expiry date. You confirm that you have read the estimate, these terms and the Privacy policy.
• We may refuse or cancel an order in case of obvious pricing error, unavailability of components, sanctions or export restrictions, or suspected fraud. Any amount already paid is then refunded.
• Your order page shows each step: estimate sent, estimate accepted, in production, ready to ship, shipped and delivered, together with messages and tracking information.

9. Payment

• Payment terms (deposit, balance, due dates, accepted methods) are those stated in the estimate. Unless stated otherwise, production starts after receipt of the agreed deposit or full payment.
• Invoices are payable in the currency and within the period shown. Late payment may lead to the suspension of production, delivery, licence activation or support, and to late-payment interest and recovery costs as permitted by law.
• Ownership of equipment passes to the Customer only after full payment. Risk passes as described in section 10.

10. Production, delivery and risk

• Most terminals are made or configured to order. Lead times in the estimate are estimates and start after acceptance and payment of any deposit.
• Delivery terms (for example ex works, delivered at place, or delivered duty paid) are stated in the estimate. Unless stated otherwise, risk of loss or damage passes to the Customer when the goods are handed over to the carrier or made available at the agreed place.
• The Customer is responsible for providing a correct delivery address, a contact person, and any import permit or document required in its country, and for clearing customs where it is the importer.
• Check the parcels on delivery. Report visible damage or missing items to the carrier on the delivery note and to us within 7 days with photos. Hidden defects are covered by the warranty in section 12.
• Delays caused by carriers, customs, strikes, weather, component shortages or other events outside our control do not give rise to compensation, but we will keep you informed and look for solutions.

11. Cancellation and returns

• You may cancel an estimate request at any time before accepting an estimate.
• After acceptance, orders for made-to-order or configured equipment, custom-printed cards, activated licences and completed services cannot be cancelled free of charge. If you cancel after production has started, costs already incurred may be charged.
• Returns of non-defective standard equipment are accepted only with our prior written agreement, in original condition and packaging, at the Customer's cost.
• Where a mandatory right of withdrawal applies to you by law, you keep that right under the conditions set by law.

12. Warranty for terminals and accessories

• Terminals are covered by a warranty against manufacturing defects for 12 months from delivery, unless the estimate states a different period.
• To use the warranty, contact us with the order number, the serial number and a description of the problem. We will diagnose remotely first, then organise repair or replacement. Transport of the defective unit to the repair centre is at the Customer's cost unless we agree otherwise.
• The warranty does not cover damage caused by misuse, accidents, falls, water or liquids, power surges or unsuitable power supply, lightning, unauthorised repairs or modifications, use outside the manufacturer's specifications, normal wear, or consumables.
• Before sending a device for repair, the Customer should export any data it needs; devices may be reset during repair.
• Statutory warranties that cannot be excluded continue to apply.

13. Desktop licences and the platform

Licence

• Subject to payment, we grant the Customer a non-exclusive, non-transferable, non-sublicensable licence to use the desktop application and the platform for its own internal purposes, on the number of workstations and for the period stated in the estimate.
• The Customer may not rent, resell, share licences between separate organisations, circumvent activation or licence limits, or use the platform to provide a competing service.
• Updates may be provided to improve security, fix errors or add features. Some features may require a recent version of the application or of the terminal software.

Availability and support

• We make reasonable efforts to keep the platform and the site available, but interruptions may occur for maintenance, updates or reasons outside our control. Service levels apply only if agreed in writing.
• Support is provided in English and French through the channels shown on the site, during our business hours, within the scope stated in the estimate.

Customer data

• The Customer remains the owner of the data it enters in the platform (teachers, students, timetables, attendance, rates, payslips).
• At the end of the contract, the Customer may export its data for 30 days. After that period, we delete it, except where the law requires us to keep it.

14. Customer responsibilities for attendance, biometrics and payroll

• Legal basis and information: the Customer is the controller of the data of its teachers, staff and students. It must have a valid legal basis, inform the people concerned, and, where the law requires it, obtain explicit consent before enrolling biometric data.
• Alternatives: the Customer must offer a non-biometric method (card or PIN) to anyone who refuses biometrics, and must not penalise them.
• Labour and education law: the Customer is responsible for complying with employment, collective agreements, education, tax and social security rules in its country.
• Configuration: the Customer is responsible for the accuracy of timetables, grace periods, hourly rates, course volumes and other settings.
• Payroll: HAWA calculates hours, coverage and amounts from the data and settings entered. The Customer must review payslips before paying them and must allow teachers to contest a result and obtain a human review. We are not responsible for payments made on the basis of incorrect data or settings.
• Manual corrections: the Customer is responsible for manual sign-ins, corrections and reversals made by its administrators, which are recorded in the history.
• Hardware: the Customer is responsible for installing terminals in a suitable place, with a suitable power supply and network, and for their physical security.

15. Data processing terms

When we process personal data on behalf of the Customer through the platform, we act as processor and the Customer as controller. Our commitments are those described in section 11 of the Privacy policy: processing only on documented instructions, confidentiality, security measures, controlled sub-processors, assistance with requests and impact assessments, breach notification without undue delay, deletion or return at the end of the contract, and information and audits. On request we sign a separate data processing agreement including, where needed, standard contractual clauses for international transfers.

16. Notifications and communications

• By providing your email you agree to receive messages needed for your requests, orders and account (confirmations, estimates, status updates, security codes).
• WhatsApp and SMS messages are sent only if you opt in. Your mobile operator's charges may apply. You can stop them at any time in your customer space or by contacting us.
• Communications may be sent in the language you chose; contractual documents prevail in the language of the accepted estimate.

17. Intellectual property

• The site, the platform, the terminal and desktop applications, the HAWA name and logo, texts, guides, tutorials, designs and databases belong to GIVEITAWAY or its licensors and are protected by intellectual property laws.
• Except for the licence granted in section 13 and personal viewing of the site, no right is transferred to you.
• If you send us suggestions or feedback, we may use them freely without obligation to you.
• You grant us the rights needed to host and process the content and data you upload, only to provide the services.

18. Third-party services

Some features rely on third parties, such as terminal manufacturers, carriers, payment providers, email, WhatsApp or SMS gateways, YouTube, Google Fonts and analytics tools. Their use may be subject to their own terms. We are not responsible for services we do not control, but we choose providers with care and require appropriate data protection commitments from those acting for us.

19. Confidentiality

Each party keeps confidential the non-public information received from the other (prices in estimates, technical information, data), uses it only for the contract and protects it with reasonable care. This obligation lasts during the contract and for 5 years after it ends, and does not apply to information that is public, already known, independently developed or that must be disclosed by law.

20. Warranties and disclaimer

Except for the express commitments in these terms and in the estimate, the site, content and platform are provided "as is" and "as available". To the extent permitted by law, we exclude implied warranties such as fitness for a particular purpose. We do not guarantee that the platform will be free of errors or interruptions, or that it will meet requirements not stated in the estimate.

21. Limitation of liability

• Nothing in these terms excludes liability for death or personal injury caused by negligence, for fraud, or any other liability that cannot be excluded by law.
• To the extent permitted by law, we are not liable for indirect or consequential losses, such as loss of profit, revenue, data, opportunity or reputation, or for losses caused by incorrect data or settings entered by the Customer.
• Our total liability for all claims relating to an order or a licence is limited to the amounts paid by the Customer for that order or licence in the 12 months before the event giving rise to the claim.
• The Customer is responsible for keeping its own exports and backups of important data.

22. Indemnity

You agree to compensate us for claims, losses and reasonable costs resulting from your breach of these terms, your unlawful use of the services, or your processing of personal data without a valid legal basis, including biometric data of your teachers, staff or students.

23. Suspension and termination

• We may suspend access to the site, the customer space or the platform in case of unpaid invoices, security risk, legal requirement or serious breach, after notice where possible.
• Either party may terminate a contract if the other seriously breaches it and does not remedy the breach within 30 days of written notice.
• On termination, licences end, amounts due remain payable, and the data export and deletion rules in section 13 apply. Sections that by nature should continue (intellectual property, confidentiality, liability, payment, governing law) remain in force.

24. Export control and sanctions

The Customer undertakes to comply with applicable export control, customs and sanctions laws and not to use, resell or transfer our products to persons, countries or uses that are prohibited. We may refuse or suspend an order where such laws require it.

25. Force majeure

Neither party is liable for a failure or delay caused by events beyond its reasonable control, such as natural disasters, epidemics, war, riots, strikes, power or network failures, government actions, component shortages or failures of carriers. The affected party informs the other and resumes performance as soon as possible. If the event lasts more than 90 days, either party may terminate the affected order without compensation.

26. Changes to these terms and to the services

We may update these terms, for example to reflect new services or legal changes. The version in force is the one published on the site on the date of your action; the terms accepted with an estimate apply to that order. We will inform customers of significant changes by email or in the customer space before they take effect. We may also change or discontinue features, keeping those paid for during the paid period.

27. Governing law and disputes

These terms are governed by the laws of [to be completed], without regard to conflict of laws rules, unless mandatory rules of your country apply. Before any legal action, the parties will try to settle the dispute amicably within 30 days of a written notice. Failing that, the dispute will be submitted to the competent courts of [to be completed], unless the law gives you the right to go to the courts of your place of residence.

28. General provisions

• Entire agreement: these terms, the accepted estimate and any signed contract form the whole agreement between the parties for their subject.
• Severability: if a provision is held invalid, the other provisions remain in force.
• No waiver: failing to enforce a right is not a waiver of it.
• Assignment: the Customer may not transfer the contract without our consent; we may transfer it to a company of our group or to a successor.
• Independent parties: nothing creates a partnership, employment or agency relationship.
• Languages: these terms are available in several languages. In case of difference, the English or French version chosen for the estimate prevails.
• Electronic evidence: acceptances, messages and logs recorded by our systems are admissible evidence between the parties.
• Notices: notices are sent by email to infos@giveitaway.club for us and to the email address of the Customer's account or order.

29. Contact

GIVEITAWAY Address: [to be completed] Email: infos@giveitaway.club Phone: +1 (613) 617-3459