Our terms and conditions of service describe the services donasity provides for donors, Non Profit Organizations (NPOs) and fundraisers, and the conditions we request of our users in return.
We operate in support of NPOs and fundraisers in the United States of America.
We provide a platform for donations to NPOs and fundraisers. Donors should not expect any equity investment, goods or services or remuneration for donations.
Here are the key points:
Donations to NPOs - donasity operates a website that processes donations on behalf of the NPOs featured in our industry leading NPO database. For this service, donors pay a transaction fee of 4.95% (minimum transaction fee applies) of the donation amount which includes all debit and credit card transaction fees. donasity was designed to deliver donations directly to the selected NPO(s), so we cannot refund a donation once completed. Please contact the NPO directly for any refund request. For NPOs not registered with donasity, we process your donation the following business day. Where this applies it will be made clear at the time of your donation. All NPOs identified in donasity's database are validated monthly against US government records to confirm their legal status, but donasity does not make any guarantee or representation of the NPO's current legal status. NPOs registering with donasity must provide us with: 1) a donasity security key; 2) contact name(s); 3) contact e-mail address(es); 4) NPO's active Stripe account information; 5) any additional information that will be required for setting up a fundraiser.
Fundraising - donasity operates a website that processes donations on behalf of the fundraisers featured on it. For this service donors pay a transaction fee of 4.95% (minimum transaction fee applies) of the donation amount (includes all debit and credit card transaction fees). donasity was designed to deliver donations directly to the selected fundraiser(s), so we cannot refund a donation. Please contact the fundraiser directly for any refund request. donasity does not make any guaranty or representation of any fundraisers current legal status or use of funds. Before setting up a fundraiser, you must provide us with: 1) your name; 2) your physical address; 3) your e-mail address; 4) your active Stripe account information; 5) any additional information that will be required for setting up a fundraiser.
Captain and Team Fundraisers – donasity offers a service within our fundraising platform that provides the ability for any individual or organization to create a "Captain" based fundraiser with associated Team Members aligned to this base fundraiser. Under this aggregate fundraiser process the Captain will determine if the team fundraisers will have separate Stripe accounts or donations will settle in the Captain's Stripe account. Team Members will retain any donor information if they are able to utilize their own Stripe account, otherwise all donor information is shared with the Captain. Captains, at times, may promote and issue reward based incentives for their Team Members. Captains will directly manage and grant such rewards outside of the donasity platform. donasity will not hold or distribute any Captain based rewards. donasity assumes no liability for any disruption or cancellation of a Captain or Team Fundraiser that results in the discontinuance of such a fundraising event.
Donors - Before we can process a donation you must provide us with: 1) your name; 2) your address and email address; 3) your credit card, debit card, or bank account information that you wish to use for the donation. It is your responsibility to ensure that the information provided is accurate. In return donasity will provide you access to donate directly to NPOs (both registered and not registered with donasity ) and directly to fundraisers hosted on the donasity portal. donasity was designed to deliver donations directly to selected NPO(s) and fundraisers, so we cannot refund a donation once completed. donasity will make available to donors a record of giving both online and in a printable format for tax purposes on their individual account page.
The security of our users is extremely important so we designed and operate donasity as a fully Payment Card Industry Data Security Standard (PCI DSS) compliant web portal with the absolute best security technology available.
donasity does not endorse any of the NPOs or fundraisers on our site – we simply provide them with a cutting edge cloud based tool to enhance their online presence and increase their online fundraising opportunities.
If you register a NPO, create a donasity fundraising page or upload any content to the donasity site, please remember donasity is for everyone. We reserve the right in our sole discretion and without notice to suspend, cancel, or delete any material we deem illegal, offensive, obscene, racist, defamatory, misleading or deceptive that is hosted on donasity. Please ensure that the content you upload to the site, especially pictures, is not copyright-protected.
donasity, Inc. will comply with any court orders, subpoenas, writs, injunctions, or other applicable laws and regulations which may result in a suspension of or cancelling and deleting any fundraiser.
That's the abbreviated version. Please note that the full version that all users are bound by is below:
donasity is the registered name of donasity Inc. a Delaware corporation.
donasity operates www.donasity.com (the "website") and its associated services. These core terms of service govern your use of the website and its associated services. Please read these terms of service carefully. If you do not wish to be bound by these terms of service, you should not continue to use or access the website or its associated services.
These terms of service may change or be updated from time to time. It remains your responsibility to access and check these terms of service wherever you access the website. The latest version of the terms of service will govern any future usage by you of the website and its associated services.
The website and its associated services allows you to donate to, and raise funds for, any of the organizations or individuals listed on the website which could include NPOs and non-charitable fundraisers. Every registered NPO and fundraiser featured has a contractual agreement with donasity authorizing donasity to collect donations on its behalf. NPOs and fundraisers are listed on this website at donasity's discretion, however we cannot accept responsibility for the activities of the NPOs or fundraisers. A NPO must have the appropriate authorization, permit or license to operate as a NPO, as required by the federal, state and local laws of the United States. You should note that fundraisers may not be NPOs; therefore, you should read the description of them carefully and agree that they are genuine and suitable to receive your donation. Different NPOs and fundraisers can have similar names: it is your responsibility to check that you are donating to the purpose you intended.
Donors can make donations directly to NPOs (registered and not registered on donasity ) and fundraisers hosted on the donasity portal. Donors agree to pay a transaction fee of 4.95% (minimum transaction fee applies) of the donation amount (includes all transaction fees). Donations will be processed as follows: Automated Clearing House (ACH) will be processed via PaySimple, Remotely Created Checks (RCC) will be processed in house by donasity, and donations made via debit or credit card will be processed via Stripe. donasity does not retain or store your bank account, debit or credit card information.
donasity does not warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding the recipient proposed use of any donation you may make through the website or its associated services or websites powered by us or for any misuse or non-use of such donations by the recipient. After donations are made, all further dealings are solely between the donor and the recipient organization.
Please note that recipient organizations reserve the right to use your donation for their general purposes. They will use your donation for any purpose in accordance with their own rules. donasity cannot guarantee that funds will be earmarked for a particular purpose. If you want your donation to be used for a specific purpose or for a particular appeal you should contact the organization and make your donation directly to them.
donasity will verify the identity of all donasity non-NPO fundraisers when they set up a fundraising page, but donasity shall have no liability to donors whatsoever for any use or misuse of donations made to the fundraiser. donasity may perform an Office of Foreign Asset Control (OFAC) and/or a Financial Crimes Enforcement Network (FinCEN) search to validate fundraisers eligibility. The fundraiser service is intended to open up fundraising activities for good purposes which may or may not be NPOs. The fundraiser may state that they will use donations only for specific purposes; however, donasity cannot guarantee that they will use it for such purpose. If you have any doubts as to how the money will be spent then you should contact the fundraiser directly to seek reassurance. It is your sole responsibility, as a user of the website, to ensure that the purpose stated to be supported on a relevant fundraiser page is one that you wish to support.
donasity charges donors a transaction fee on every donation made on the website or its associated services. The fee is currently 4.95% (minimum transaction fee applies) of the gross donation. The transaction fee can be paid in addition to the donation or the donation can be reduced to pay the fee. The donor will select their choice when the transaction is processed.
donasity utilizes Stripe to process debit and credit card transactions for donations to donasity registered NPOs and fundraisers. Stripe is a separate entity from donasity and as such have their own Terms and Conditions. Please review Stripe's Terms and Conditions at https://stripe.com/us/terms to understand how your donation will be processed. donasity does not retain or store your debit or credit card information.
donasity utilizes Remotely Created Checks (RCC) to process donations for donasity non-registered NPOs. Donors to donasity non-registered NPOs authorize donasity to print a check on their behalf for their selected donation amount and deliver it to the NPO via US mail. The check will not bear the donor's signature, however will have language indicating that you as the donor have authorized this transaction. donasity does not retain or store banking or checking account information for remotely created checks.
donasity utilizes PaySimple to process transaction fees for donasity non-registered NPOs via ACH. PaySimple is a separate entity from donasity and as such have their own Terms and Conditions. Please review PaySimple's Terms and Conditions at https://paysimple.com/terms.html to understand how they will process your transaction fee. Donors will see an ACH withdrawal from their account for the donasity transaction fee for donations to NPOs not registered with donasity. donasity does not retain or store banking or checking account information for remotely created checks.
donasity charges a minimum transaction fee of $.99 per transaction. donasity's minimum donation amount is $5 per transaction.
All donations made on the website and charged to your card are final and not disputable. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
When you register with donasity and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorized use of your password, we recommend that you change your password immediately or contact our helpdesk with the contact information provided on our Contact Us page.
donasity is not an accounting, taxation or financial advisor, and you should not rely on information given on the website or its associated services to determine the accounting, tax or financial consequences of making a donation to an NPO or fundraiser. We strongly recommend that you consult your own taxation adviser(s) about any accounting, taxation or financial consequences that may affect you.
You must at all times use the website and its associated services in a responsible and legal manner and ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party. In particular, but not exclusively:
You must not upload offensive, obscene, racist, defamatory, misleading or deceptive content, including photographs, on to the website or associated services. donasity does not actively edit the website but reserves the right to remove or edit any content posted on the website or associated services at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene, racist, libelous, misleading or deceptive. If you notice any such content, please email us at email@example.com.
If you build a fundraising page on donasity, you must ensure that any information you provide to the public is accurate and not misleading. It is your responsibility to ensure that the content you are uploading on your page, in particular the photograph, is not copyright-protected. If it is, you must obtain the copyright owner's written consent to use it. donasity reserves the right to remove any pictures, photographs or copy from an NPO or personal fundraiser page at its sole discretion and without notice if their copyright status is in any doubt. If you suspect a breach of copyright on the website, please email us at firstname.lastname@example.org.
Other than in relation to your own donasity fundraising page, you may not remove or change anything on the website. In addition, you as a user must not:
Misrepresent your identity or affiliation with any other person or organization.
Use the website to send junk email or 'spam' to people who do not wish to receive an email from you.
Use the website to conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters.
Interfere with, or disrupt the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the donasity systems.
Disclose any information relating to any donor except with the consent of the donor or as permitted by applicable local laws.
donasity reserves the right to suspend, cancel or delete any fundraiser hosted on donasity without notice in the event of a breach of the above rules.
donasity at its discretion may approve fundraisers promoting raffles.
Building a donasity fundraiser in support of an NPO in no way implies donasity's or the NPO's endorsement of the fundraising activity. Many NPOs disapprove of and do not wish to be involved in dangerous sports or unusual challenges. It is your responsibility to check with the NPO first that your chosen activity does not violate the NPO's policies. donasity reserves the right, at its absolute discretion and without notice, to cancel your personal fundraising page at the request of the NPO, in the event that the NPO, in its absolute discretion, deems your fundraising activity inappropriate or unnecessarily dangerous.
donasity, Inc. will comply with any court orders, subpoenas, writs, injunctions, or other applicable laws and regulations which may result in a suspension of or canceling and deleting any fundraiser.
donasity does not encourage NPOs or fundraisers to provide external links in their posted material. The website and its associated services may however contain links to external locations. Inclusion of a link to another website does not imply donasity's endorsement of its content or opinions. Your relationship and any transactions with other organizations through their websites or otherwise are your own responsibility.
donasity may from time to time select partners offering relevant information and services that we believe will enhance our visitors experience on the website. While we will do our best to select partners of the highest integrity, we are not responsible for any aspect of the information or services offered by them, and if you choose to use their services you do so at your own risk.
All raffles hosted by this website are subject to the general terms and conditions contained herein. Additionally, all individuals and entities are further subject to the following terms and conditions regarding raffles. These additional terms and conditions apply to all parties participating in a raffle and includes those purchasing and/or selling as part of a fundraising campaign.
donasity, Inc. ("donasity") reserves the right to remove or suspend a raffle at any time, or take any action deemed necessary in donasity's absolute and sole discretion. Any raffle otherwise prohibited by law is void. donasity shall not bear any risk or responsibility in such an event and is not obligated to indemnify for forfeiture or loss.
CONTROLLING TERMS AND CONDITIONS
A nonprofit organization wishing to use donasity's platform for a raffle fundraiser may provide additional raffle-specific terms and conditions. However, in the event there is a conflict between the nonprofit's and donasity's terms and conditions, donasity's terms and conditions shall prevail.
Eligibility requirements, such as those restricting sale to employees, shall not be altered by donasity. However, it is in donasity's absolute and sole discretion to remove any raffle that restricts a sale based on gender, race, nationality, etc.
donasity is not responsible for prize forfeiture should the winner not meet the eligibility requirements set forth by the nonprofit. Further, refunds based on ineligibility are in the sole discretion of the nonprofit to initiate. donasity is not required to issue a refund without authorization from the nonprofit. Any dispute regarding a refund shall be deemed nonrefundable according to donasity's terms.
A raffle ticket represents a chance to win an opportunity to accept an offer of a stated prize. All ticket sales through donasity are final and no refunds shall be paid unless the nonprofit provides otherwise. Any dispute regarding a refund shall be deemed nonrefundable according to donasity's terms. Tickets, prizes, receipts and any winner's rights are not transferable under donasity's terms, unless the nonprofit provides otherwise. Payment for a raffle ticket is a tax-deductible charitable contribution only to the extent the amount of payment exceeds the price of the ticket per the IRS. Any questions regarding tax-related issues for ticket purchases should be discussed with a tax professional and is the duty and obligation of the purchaser.
donasity is not responsible for a nonprofit's drawing process. Any disputes or questions regarding the drawing process shall be presented to the nonprofit directly. donasity reserves the right to suspend or remove any raffle in which the drawing is conducted in an unlawful manner, but shall not intervene between a purchaser and nonprofit on questions of fairness.
Winners are chosen according to the process set forth by the nonprofit. donasity does not ensure allocation of winnings among purchasers and shall not be responsible for contacting winners/purchasers regarding the raffle. Notification and manner of acceptance are in the discretion of the nonprofit. donasity is not responsible or liable should the nonprofit fail to provide these terms. donasity is not responsible in any manner or form for forfeited prizes.
The value of each prize should be included in the winner's gross income and may be subject to reporting by the nonprofit to the IRS. If required, reporting is the sole responsibility of the nonprofit to undertake and donasity disclaims all liability for failure to report. In the event a dispute arises regarding IRS reporting, donasity shall be indemnified by the nonprofit.
Individuals are solely responsible for payment of all federal, state and/or local income, sales or use taxes due on account of his/her acceptance of a prize. Determination of prize value is the responsibility of the nonprofit. donasity shall have no part in valuation and disclaims all risk and liability for discrepancies or disputes.
Prizes over a certain value may be subject to federal income tax withholdings by the nonprofit and the winner may be required to pay this amount to the nonprofit as a condition to transfer ownership. This transfer shall occur directly between the winner and nonprofit. donasity shall not act as an intermediary or third-party platform for this process.
Winners may also be responsible for paying other taxes, titling, licensing, etc. prior to receiving the prize. donasity shall not act as an intermediary or third-party platform for this process. Winners should consult a tax professional.
Each winner may be required to accept a prize "as is" according to the nonprofit's terms. donasity disclaims any and all warranties with respect to each prize, including but not limited to any warranty of fitness for a particular purpose and shall be deemed harmless for any defect, injury, damage or other problem that may arise or become apparent with the prize.
LIMITATION OF LIABILITY
Because donasity has no right to control, nor exercises any control, over the personnel, equipment, or operations of any builder, seller, or manufacturer of any prize, or any part of any prize, donasity assumes no responsibility for any financial loss, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity that a winner may experience by reason of (1) performance or nonperformance by any supplier; (2) wrongful, careless, negligent, or unauthorized acts or omissions by any supplier or its employees, or by any other party not under the control of donasity; (3) any defect, breakdown, or other failure of any aircraft, train, automobile, ship, accommodation, or other equipment or instrumentality owned, operated, or otherwise used by a supplier; (4) acts of God and acts or omissions of third parties; (5) mechanical or construction failures; or any other event or condition beyond donasity's control. Each winner hereby releases and holds donasity harmless with respect to any claim based on any such occurrence. donasity shall in no event be liable for special or consequential damages arising from the use or ownership of any prizes.
The names donasity, donasity.com, the donasity logo and any other product and service names that we may present on the website or its associated services from time to time may not be used in connection with any product or service that is not donasity's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit donasity. Other trademarks, service marks or logos that appear on the website or its associated services, in particular (but not exclusively) those of registered NPOs, fundraisers or other organizations, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express written permission of the trademark owner.
All content on the website and its associated services is owned by donasity and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trade mark or other proprietary notice. No other use of the website's and its associated services' content is permitted without the express prior written permission of donasity, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to email@example.com.
donasity will make every effort to ensure that the website and other services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms of Service. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms of Service.
In the event that you commit a breach of these Terms of Service donasity reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the website and associated services.
donasity does not, and nothing in these Terms of Service shall act to, exclude or limit donasity's liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. You agree that your use of the website and its associated services is on an "as is" and "as available" basis and that your use of the website and its associated services is at your sole risk. donasity does not guarantee continuous uninterrupted or secure access to our services and operation of the website and associated services may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms of Service and except for the rights, guarantees and remedies which cannot be excluded, donasity does not provide other conditions, guarantees, warranties or terms in relation to the website or its associated services, to the extent permissible by law. donasity shall undertake general maintenance and upkeep of the website, at the times set out in the applicable country specific terms, from time to time. During these periods, the website and its associated services may not be available for use. In exceptional circumstances, the website and associated services may also become unavailable at other times.
donasity shall only be liable under these Terms of Service for losses which are reasonably foreseeable and caused by donasity's breach of these Terms of Service or donasity's negligence. donasity's total liability to you arising under or in connection with these Terms of Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the donations you have made using the website in the preceding 12 month period, ending on the date the circumstances giving rise to donasity's liability arose.
donasity's liability to you shall not include losses relating to any business of yours or your own losses such as lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time.
donasity may change the format and content of the website and its associated services from time to time. You should refresh your browser each time you visit the website to ensure that you download the most up to date version of the website, including the latest version of these Terms of Service.
Nothing in these Terms and Conditions excludes any statutory rights which may apply to your use of the website and associated services which cannot be excluded, restricted or modified by contract.
By accepting these terms and conditions, you hereby agree that all claims and disputes arising under or relating to your relationship with donasity, Inc. are to be settled by binding arbitration in the City of Jacksonville, Florida applying the laws of the State of Delaware. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in crowdfunding, charitable donations, and online monetary transfer platforms and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity.
These Terms of Service and any contractual or non-contractual dispute arising out of or in connection with your use of the website or the associated services: 1) must be resolved in the appropriate court in Jacksonville, Florida. 2) all disputes arising out of or in conjunction with the use of the website or associate services shall be governed by the applicable State and Federal Laws of the State of Delaware.
A person who is not a party to these Terms of Service has no right to enforce any term of these Terms of Service.
If any provision of these Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability. All other terms hereof shall remain in full force and effect, to the extent permitted and possible the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If any provisions conflict, it is donasity's sole discretion to choose which provision shall be enforced.
You agree to indemnify, defend, and hold harmless donasity, Inc., their officers, board of directors, employees, agents, and its affiliates at your expense from and against any and all claims, loss, damage, liability, and expenses, including but not limited to attorneys' fees, costs, and disbursements, arising out of your use of the website, based on, but not limited to: 1) your violation of any representation or warranty contained in these terms and conditions; 2) information, content, or data you submitted in connection with the website; 3) any violation of an applicable law, regulation, or rights of another including fraudulent content or misrepresentation. In the event of a claim, donasity, in their sole discretion, may choose to settle with the claimant, and you shall be liable for any and all damages and expenses incurred in the settlement, as if the claim had proceeded to trial.
donasity reserves the rights to amend these terms and conditions at any time. The updated terms and conditions will be posted to this page with the last date of modification. You may refuse to agree to the amendments, however should you refuse to agree, then you must immediately cease use of the website. Any continued use of the website shall be construed as an acceptance of the amended terms and conditions. It is your responsibility to review the terms and conditions page before each use of the website in order to determine if the terms and conditions have been amended. Failure to review the terms and conditions page before each use will be construed as acceptance of the amended terms and conditions.
Effective: June, 2016