TERMS OF USE

Last updated: August 20, 2019

 

These Term of Use (the “Agreement”) are entered into and effective as of the date of your account registration with DonateToGo (“Effective Date”). This Agreement governs the relationship between DonateToGo with offices located at 611 E. Weber Rd, 102, Columbus, Oh 43202, (“DonateToGo,” the “Company,” “we,” “our,” or “us”), and you the account holder, user, or licensee (“You” or “User) (collectively, the “Parties”), whether as an individual or as a representative of an entity. The Agreement also covers your use of our website and our Software as a Service products (“Software”), which are designed to enable organizations to accept donations directly through their website, or through our website.

 

LICENSE AND USER CONDUCT
In order to use certain features of the Service, you must register for an account (“Account”) and provide certain information about your organization as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate.

1. You must be 18 years or older to sign up for or use this Service.
2. You must provide your full legal name, current address, a valid email address and any other information needed in order to complete the signup process.
3. You are responsible for keeping your password secure. DonateToGo cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
4. You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws of the United States or the State of Ohio or the Acceptable Use Policy set forth below. (You are required to abide by all applicable international, federal, state and local laws and regulations in your use of this Site.)
5. You are responsible and liable for all activity and Content that is uploaded under your account.
6. A breach or violation of any of these Account Terms, in the sole discretion of DonateToGo, may result in an immediate termination of your services.
7. DonateToGo does not provide refunds.

COPYRIGHTS AND TRADEMARKS
Except as otherwise noted on this Site, all information, documentation, and other content posted on this Site are the property of DonateToGo, its affiliates, and/or its licensors. The graphics, icons, and overall appearance of this Site are the property of DonateToGo. The posting of information, documentation, and other content does not constitute a waiver of any of DonateToGo’s, an affiliate’s, and/or a third party licensor’s proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on this Site are protected by U.S. and international copyright laws, both as individual works and as collections. You may not delete any copyright or similar notice from any information, documentation, and other content you obtain from this Site. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on this Site without the prior written consent of DonateToGo. You may view, print, copy, and download portions of the information, documentation, and other content of this Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. DonateToGo and its affiliates reserve the right to revoke this authorization at any time. 

 

PAYMENT METHODS

DonateToGo Platform currently accept Visa, MasterCard, American Express, JCB, Discover, and Diners Club and ACH/Bank Accounts. DonateToGo uses third party payment platforms, such as Stripe, Inc. ( “Stripe” ), Paypal, Inc. ( “Paypal” ), to process credit and debit card transactions. Although the collection of your credit card or bank account information takes place on our Platform, after your payment information is entered, it is securely transmitted to the chosen Payment Processors, which process all credit card and debit card donation/payment transactions and manage the routing of applicable customer information through the processing networks.

 

DonateToGo is not affiliated with any Payment Processor and we are not responsible in any way for their actions or performance (or lack thereof). Accordingly, DonateToGo expressly disclaims responsibility and liability for all services provided by the Payment Processors, including those related to donation/payment transactions, and you hereby agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of such services. Additionally, since each Payment Processor will have access to the information you provide to them when making a donation/payment transaction, we recommend that you review their privacy policy – which can be accessed from their website located at below:

 

Stripe terms and conditions can be found on https://stripe.com

Paypal terms and conditions can be found on https://www.paypal.com

 

You acknowledge and agree that, for all donations/payment transactions, you will only use a valid credit or debit card or other payment method, and that for all such payment methods you are the authorized account holder. Additionally, you also acknowledge and understand that like any tax-deductible charitable donation, your donation may not be cancelled or returned once it has been processed, all donations/payment transactions are final and non-refundable as soon as a donation is processed via the Platform.

 

When a donation is made, the Payment Processor may collect a variable processing fee depending on the payment method you select. Each Payment Processor may offer discounted transaction rates for 501(c)(3) organizations. The application process and eligibility requirements for the above mentioned discounted fee programs can be checked by contacting the Payment Processors via their respective websites.

 

REGISTRATION AND ACCOUNTS
Only you (Organization) may use your DonateToGo account. You agree to keep your accounts and passwords confidential at all times and not authorize any third party to access or use DonateToGo on your behalf, including providing your account information to third-party websites to access your DonateToGo account. You are responsible for all activity that takes place within your account. At any time, DonateToGo, in its sole discretion, may disable or delete any account registered on the Site for any reason. By registering to the Site, you agree to provide any verification information as required by DonateToGo to comply with various United States laws. You agree to be bound by policies of third parties including networks, bank card associations and banks used to process payments. You agree to forever release and hold DonateToGo harmless from any cost, damage, or other injury that may arise out of the relationship between you and your financial institution or otherwise out of your agreement with your institution. DonateToGo reserves the right to disable or delete a Organization account if Organization is unable to enter into a direct agreement with third party, as required by the policy of said third party. You may cancel your account at any time by emailing support@DonateToGo.org. Once your Account is canceled, all of your Content will be immediately deleted from the Service, provided that DonateToGo may retain archival or back-up copies in accordance with its standard backup operations. Since deletion of all data is final, please be sure that you do in fact want to cancel your Account before doing so. DonateToGo shall not be responsible for any Content deleted as a result of your canceling your Account. Any pending payments will be processed as per the policy of Stripe and PayPal. All Organization using DonateToGo platform must be registered 501(c)(3) entities eligible to receive tax deductible charitable contributions.

 

LINKS
This Site may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your own risk. DonateToGo does not endorse, and DonateToGo is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. DonateToGo is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. DonateToGo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. DonateToGo shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon. 

 

PROHIBITED ACTIVITIES
You agree to use the Website and the features and services provided through the Website only as they are obviously intended to be used. All other uses are strictly prohibited. You agree not to (and not to encourage a third party to) disassemble, reverse engineer, or otherwise attempt to discover, copy, or transmit, any source code underlying the Website or the software, features, or services provided therein.

 

DONATIONS
Donor Refunds: Donor agrees that DonateToGo cannot, in its sole and absolute discretion, offer a refund to a Donor for a Payment in the event that the donor provided it to an incorrect organization, or in other situations. Donor shall address directly with Stripe and Paypal, the payment processor, immediately and DonateToGo shall have no liability in respect of the Payment.

 

Disbursement: Supported by Stripe and PayPal payment providers, you can set payments to go directly into your account and are disbursed later minus the platform fee. This is very flexible, and all funds are guaranteed to be available to the Organization, because they are captured immediately.

 

Stripe: In the USA, Canada, and Australia, transfers will automatically be completed every 2 business days.

 

PayPal: PayPal requires you to initiate the transfer of your funds from your PayPal account to your bank account. After you’ve initiated the transfer, the funds will arrive in your bank account within 2 to 3 business days.

 

FEE SCHEDULE

We are paid a transaction fee by organizations who use the Website. The Service fee is 5% depending on the package of additional services chosen by the Organization. Organizations pay a platform fee and optional add-on subscription fees to use the Website. Fees are laid out on the pricing page. There are no additional fees or penalties.

 

Organizations generally pay the Service fee plus a Payment Provider fee specific to the location of the donor and to the organization. In North America, this is typically 2.2% + 30¢* per transaction for qualified nonprofits and potentially subject to additional cross-border surcharges. Please consult the pricing page for each individual Payment Provider for their current rates.

 

Stripe – 2.2 to 2.9% + $0.30 per transaction (discount for nonprofits available).

PayPal – 2.2 to 2.9% + $0.30 per transaction (discount for nonprofits available).

 

DonateToGo platform offers Organizations the option of not charging a Service fee by choosing the tipping option that provides the Donors the option of paying the Service fee. Donors are not required to pay a fee. However, Donors are sometimes offered the option to pay the fees on the transaction on behalf of the Organization if they so desire.

 

DISCLAIMER OF WARRANTIES
To the extent permitted by applicable law, the site is provided “as is,” without warranty of any kind, either express or implied. DonateToGo does not guarantee, represent, or warrant that your use of the site will be uninterrupted, error free, or that the site will meet your requirements. DonateToGo agrees to use industry best practices in protecting its site from external malware. Information obtained through the site has not been verified, and DonateToGo does not guarantee, represent, or warrant that such information is accurate, complete, reliable, or otherwise valid. DonateToGo disclaims all warranties, express or implied, including, but not limited to any warranty of title, non-infringement, merchant-ability, fitness for a particular purpose, or any warranty arising from a course of dealing, trade usage, or trade practice. 

 

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DONATETOGO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM AND SERVICES, ANY WEBSITES LINKED TO THEM, AND ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless DonateToGo, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you, donations made by you, and/or donations received by you in connection with the Site or any use of the Site in violation of this Agreement. 

 

CHANGES TO THESE TERMS

DonateToGo may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Should you not agree to the changes, your sole recourse is to immediately discontinue the use of DonateToGo’s website and Software.