Terms and Conditions
1. Definitions and Terms of Service
1.1. Amplify Donations LTD (Company No: 660253) of 1 Marino Mart, Fairview, Dublin 3, Dublin, Ireland (“Amplify”) grants you “the User” a non-exclusive, limited and revocable licence to use and access the Amplify web application (www.amplifydonations.com) and/or the Amplify Google Chrome Extension, (together, “the Platform”) subject to these terms and conditions (“the Terms”).
1.2. In these Terms, “we”, “us” and “our” refer to Amplify and references to “you” and “your” is to you, the User of the Platform.
1.3. The Platform features sustainable online consumer businesses (“Brand Partners”) and (“Climate Cause Partners”) (together, “the Partners” and individually, “the Partner”).
1.4. The Platform’s card-linking and transaction monitoring technology will be provided by Fidel, who will work with the User’s payment provider (Visa, Mastercard, Amex) (the “Payment Networks”) allows the User to earn donations from our Brand Partners to support our Climate Cause Partners.
1.5. The Platform allows users to access a directory of sustainable brands, to choose a preferred Climate Cause Partner, to link their bank card to their Amplify account, and to earn donations for their chosen Climate Cause partner when they shop with any of Amplify’s Brand Partners using their Amplify-linked bank card or cards.
1.6. A “Qualified Purchase” refers to a purchase made by a User directly with a Brand Partner using an Amplify Eligible linked card(s).
1.7. “Card Eligibility” or “Eligible Linked Card” Not all Visa, MasterCard, and American Express cards are eligible for registration - including PIN based purchases on debit cards. Visa, MasterCard, and American Express Corporate cards, Visa, MasterCard, and American ExpressPurchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-branded, MasterCard-branded, and American Express-branded cards whose transactions are not processed through the Visa payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate.
1.8. By accessing and using the Platform you agree to be bound by these Terms. If you do not agree with these Terms, you must immediately stop using the Platform.
1.9. You agree that we may change, update or otherwise amend the Platform and these Terms at our absolute discretion.
10.0. Certain of the within Terms shall apply solely to Partners or solely to Users, as will be apparent. These Terms are to be read in conjunction with the relevant Partner Agreements and the Amplify Privacy Statement where applicable.
2. Platform Only
2.1. We provide the Platform to connect our Brand Partners with our Users. We are not and cannot be a party to any transaction between Partners and Users, including any order or purchase or supply of products or services which results from use of the Platform.
2.2. We do not accept any responsibility or legal liability whatsoever for any act or omission of the Partner or the User arising from or in connection with the use of the Platform, or the provision or purchase of any good or service. The Partner and User may enforce any of these Terms against the other party directly in respect of the use of the Platform.
2.3. Each Partner shall be fully and solely responsible for any tax and/or other liability, deduction, contribution, assessment, or claim which it incurs arising from or made in connection with use of the Platform.
2.4. With respect to paragraph 2.3., each Partner shall indemnify us and Payment Card Networks against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable in connection with or in consequence of any such liability, deduction, contribution, assessment or claim, other than where such liability, deduction, contribution, assessment or claim arises out of our negligence or wilful default.
2.5. We may, at our sole discretion, assist with the resolution of any complaint or dispute between a Partner and a User relating to use of the Platform. However, each Partner and User acknowledges that any legal recourse arising from or in connection with any purchase, whether for breach of contract or otherwise, is against the Partner or User (as applicable) and not against us, notwithstanding anything to the contrary in these Terms or on the Platform.
3. User Accounts
3.1. In order to access the Platform, users will need to create and register an account (“Account”) on the Platform. You must provide a valid email, login name, date of birth, country of residence, and a password (“Account Information”). All Accounts must also be authenticated through mobile-phone verification with Amazon SNS, Amplify’s third-party provider. The Amazon Terms of Service can be accessed here.
3.2. Users are required to link their Eligible debit or credit card to their Amplify Account, to allow Amplify track purchases between Users and Brand Partners, and to subsequently process the donation sum with the Brand Partner. See “5. Card Linking” for further information.
3.3. Users are required to select a Climate Cause Partner for whom they will earn donations for when making a Qualified Purchase. The User can change their selected Climate Cause Partner at any time.
3.4. Access to and use of the Platform is limited to Users over the age of 16 (sixteen).
3.5. Account creation and full access and use of the Platform is presently limited to Users that reside in the following regions:
- The UK
- United States of America
The regions in which the Platform is available may vary from time to time, including by the addition or removal of certain regions.
3.6. It is your responsibility as a User to keep your Account Information secure and you agree:-
- Not to give out your email with your Account Information;
- Not to use another person’s Account or share their Account Information; - To take all measures to prevent a third party from accessing your Account, even without your knowledge;
- Not to give access to your Account to a third party;
- Not to loan, share, exchange, donate, purchase, transfer, or sell any Account (which action is fully prohibited and will not be enforceable against us); and
- To use a personal individual email address to create an Account and not share this Account Information with any third party.
- You must not create an Amplify Account if we have previously deactivated your account for violating the law or for breaching any of our terms and conditions.
3.7. You are solely responsible for the use of your Account, irrespective of who is utilising it, whether with or without your permission. You indemnify us and Payment Card Networks for any loss or damage we suffer as a result of unauthorised access to your Account.
4. Accounts And Information
4.1. We will collect certain information from you or your third party account (e.g. Gmail) as is necessary to complete the registration of your Account.
4.2. You acknowledge that Amplify and our Partners rely on the accuracy and completeness of all information provided by you during the registration process. You shall be responsible for keeping your Account Information up to date and accurate.
4.3. You warrant and represent that all information provided to us is accurate, complete and not misleading and remains so. You must notify us of any change to such information.
5. Card-Linking and Transaction Monitoring
5.1. During the User account setup process, the User is required to link their Eligible card to their Amplify account using Fidel’s secure SDK. Fidel (www.fidel.uk) operates as Amplify’s card-linking technology provider. Fidel is a card-linking API provider that provides real-time transaction data from Visa, Mastercard and Amex. When a User links their Eligible card to their Amplify Account, Fidel can track purchases with Amplify’s Brand Partners. This allows Amplify to automatically process donations with its Brand Partners to be distributed to the User’s chosen Climate Cause.
5.2 We currently use Fidel to monitor card transactions for your participation on the Amplify Platform. Your agreement to these Terms authorizes Fidel and the Payment Networks to monitor the transactions made with your registered eligible payment cards with participating Brand Partners to confirm qualified transactions. The data collected from Fidel includes your registered card identifier, merchant location, transaction date/time and amount.
5.3. The User can add multiple Eligible bank cards to their Amplify Account at their discretion. By registering a payment card in connection with transaction monitoring, you authorize Amplify to share your payment card information with Visa, Mastercard and AMEX (Payment Networks) so it knows you are enrolled. You authorize Mastercard, American Express and Visa to monitor transactions on your registered Eligible bank card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for Visa, Mastercard and AMEX (Payment Networks) to share such transaction details with Amplify to enable your card-linked offer(s) and target offers that may be of interest to you. You may opt-out of transaction monitoring on the payment card(s) you have registered by navigating to your settings menu to remove your linked card(s).
5.4. The User can remove their bank card(s) from their Amplify Account at any time in their account settings. This is accessed through the “My Account” section of User’s profile (in the dropdown menu), under the “Linked Cards” section they can choose to remove a card or card(s) by clicking the remove button beside the linked card(s) they wish to remove. Once the User confirms removal, the card will be unlinked from the User’s Account and all transaction monitoring will be ceased.
Card Eligibility: Not all Visa, MasterCard, and American Express cards are eligible for registration - including PIN based purchases on debit cards (debit transactions should be processed as credit, with a signature). Visa, MasterCard, and American Express Corporate cards, Visa, MasterCard, and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-branded, MasterCard-branded, and American Express-branded cards whose transactions are not processed through the Visa payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate.
You acknowledge that Visa, Mastercard and AMEX may be unable to monitor every transaction made with your enrolled Visa, Mastercard and AMEX including PIN-based purchases on debit cards, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, Mastercard and AMEX card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A. or MasterCard, AMEX payment systems, and that these transactions are not eligible.
You may opt-out of transaction monitoring on the payment card(s) you have registered by navigating to your settings menu to remove your linked card(s). User acknowledges that if they choose not to register a credit or debit card or if they do not use our receipt scan functionality, they will not be generating Qualified Transactions that result in donations.
If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to be eligible for rewards or offer completion.
6. Card Encryption and User Security
6.1. Amplify can’t access your card details, and neither can anyone else. As soon as a User links their card through a secure SDK iFrame and TLS channel, Fidel encrypts their details with bank level security encryption. That encryption — or tokenization — replaces the User’s details with a token ID so Visa, Mastercard or Amex can let us know when a consenting customer has made a transaction.
6.2. Fidel is PCI Level 1 compliant, meaning they have been approved by an independent Qualified Security Assessor (QSA) to safely and securely handle cardholder data during credit card transactions. The Payment Card Industry Data Security Standard (PCI DSS - 2006) is an industry wide standard created by the five largest card networks to ensure that card payment processors safely and securely accept, store, process, and transmit cardholder data. All personal information which Fidel collects is stored on secure servers. Fidel will ensure that the personal information which it holds is protected from misuse, interference, loss, unauthorised access, modification or disclosure through various methods including access limitation, and industry-standard Secure Socket Layer (SSL) encryption technology. Security safeguards employed by Fidel include data encryption, firewalls, and physical access controls to buildings.
7.1. As a User of the Amplify Platform, you earn donations for your chosen Amplify Climate Cause Partner when you make a Qualified Purchase with a Brand Partner.
7.2. Amplify’s Brand Partners support each purchase with a donation of 2% of the transaction value.
7.3. Donations become payable from a Brand Partner to Amplify after the Brand Partner's Returns Policy window passes. If you return your purchase to the Brand Partner within their agreed Returns Policy window, the donation will not be processed.
7.4. Donations are transferred from the Brand Partner to Amplify at the end of each month, who distribute the donation to the respective Climate Cause Partners via quarterly donation payments processed via Stripe.
7.5. Donations will be listed as “pending” in your User Account until the Returns Policy Window passes. After this window, donations will be listed as “completed”.
7.6. A donation will not be processed in the event that the card transaction is not successfully recorded by Fidel.
7.7. A donation will not be processed in the unlikely event that the Brand Partner does not transfer the donation amount to Amplify.
8. Amplify Impact Status Levels
8.1 Users unlock Impact Status levels based on their total earned donations surpassing specific donation milestones, which is displayed in the User’s Account in the ‘Impact status’ section.
8.2. A User’s Impact Status starts on ‘Changemaker’ when they create an account; ‘Trailblazer’ is unlocked when €5/£5/$5 is donated; ‘Ambassador’ is unlocked when €15/£15/$15 is donated, ‘Hero’ is unlocked when €30/£30/$30 is donated.
8.3. The donation milestones may be subject to change.
9. Amplify Fees
9.1. Based on Partner Agreements, Amplify earns service fees from Brand Partners on Qualified Purchases made between our Users and Brand Partners. Amplify fees with Brand Partners are separate from the Brand Partner’s agreed donation amount.
10. Intellectual Property
10.1. All content on the Platform is the copyright and property of Amplify and Amplify’s Partners. Without our express written permission, no User or Partner shall copy the Platform for their own commercial purposes. Without prejudice to the generality of the foregoing, no User or Partner shall:-
- Replicate or use the details and/or Accounts of any other User or Partner; - Replicate the Platform, or any part thereof, in any way whatsoever;
- Use any “deep-link”, “robot”, “spider”, “page-scrape” or other automatic device, programme, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, any Account or any content, nor in any way reproduce or circumvent the navigational structure or presentation of same, nor obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform; or
- Incorporate the Platform, or any part thereof, in any other webpage, website, platform, application or other digital or non-digital format.
10.2. All content on the Platform remains our Intellectual Property, including (without limitation) any source code, usage data, ideas, enhancements, feature requests, suggestions or other information provided by any Partner or User.
11.1. Amplify provides our Platform and content on an "as-is" and "as available" basis and neither we nor any Partner, including Fidel or our Payment Networks, make any representation or warranty of any kind, express or implied, regarding the content or availability of our Platform, or that it will be timely or error-free or that defects will be corrected.
11.2. Neither Amplify nor any Partner, including Fidel or our Payment Card Networks , shall have any liability to the User for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Platform.
13.1. Users and Partners must maintain in confidence any written information which is of the following nature (“Confidential Information”):-
- Contains personal information or, where applicable, details of the business of the Partner; - Details the business of Amplify;
- Contains personal information of any User; or
- Is identified by either party as confidential and/or proprietary.
13.2. Without prejudice to the generality of paragraph 12.1., information will not be considered Confidential Information where a party can establish such information:-
- Was in the public domain at the time it was disclosed;
- Was already in the possession of a party when given, without having been acquired (directly or indirectly) from the other party; or
- Was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
13.3. Users must not:-
- Use any Confidential Information except to the extent necessary to exercise its rights and perform its obligations under these Terms; or
- Disclose any Confidential Information, provided that each party may disclose Confidential Information that is required to be disclosed:-
- By law or by order of any court or tribunal of competent jurisdiction;
- By any Government Agency, stock exchange or other regulatory body; or - To its personnel and advisors, where the party informs the recipient of the obligations in relation to the Confidential Information under this Agreement.
If a user is required to make a disclosure under this Clause, that User must:
- To the extent possible, notify the other party if it anticipates that it may be required to disclose any of the Confidential Information; and
- Only disclose Confidential Information to the extent necessary to comply.
13.4. The obligations under this clause continue in full force and effect in perpetuity.
14.1. Use of the Platform by a User or Partner may be suspended or cancelled at any time, for any reason, on a temporary or permanent basis. A User or Partner must immediately cease using the Platform should they receive a notice suspending or cancelling their licence to use the Platform.
14.2. We may end the agreement governed by these Terms immediately by giving written notice to the User or Partner. It is not essential to provide reasons for the termination. Where these Terms have been terminated the User or Partner must immediately cease using the Platform.
14.3. Users may terminate their use of the Platform and suspend or have an Account removed at any time.
14.4. Partners may terminate their use of the Platform pursuant to the conditions set out in the Partner Agreement.
15. Revision and Variation of these Terms
15.1. We reserve the right to revise these Terms at any time by amending this page. Users and Partners are expected to check this page from time to time to take notice of any changes we make.
15.2. Material changes to these Terms shall be communicated via email or by way of notice on the App, or through such other effective means of communication as may be used at our discretion.
16. Jurisdiction And Applicable Law
16.1. The Irish Courts will have sole and exclusive jurisdiction over any claim arising from, or related to, use of our Website or App or any other use of our Platform, or any other claim arising from the relationship between us and our Users and Partners.
16.2. These Terms, any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.
17. Your Concerns
17.1. If you have any concerns about material which appears on our Platform, please contact [email protected].