Terms and Conditions

Date of Last Revision: February 1, 2019

PLEASE READ THESE TERMS OF USE (THE “AGREEMENT” OR THE “TERMS OF USE“) CAREFULLY BEFORE USING THE SERVICES OFFERED BY GIVINGLOOP INC.

GivingLoop Inc. (referred to throughout as “us“, “we“, “our“, etc.) is the owner and operator of the www.givingloop.org website, an online fundraising platform for nonprofit organizations. These Terms of Service apply to the www.givingloop.org website, any subdomains thereof, any API integrations or widgets we offer, and any other website or webpages we own or operate that include a link to this statement (together collectively referred to as the “Website“). Any party that accesses, uses, or registers with the Website (such party referred to throughout in the second person “you“, “your“, etc.) agrees to be contractually bound by these Terms of Service (the “Terms“).

  1. TermsBy accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.This agreement sets forth the legally binding terms and conditions for your use of the website at www.givingloop.org, all other sites owned and operated by GivingLoop that redirect to www.givingloop.org, and all subdomains and services operated by the company.If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.

    GivingLoop is a platform where certain users (“Orgnaizations” or “Beneficiaries”) run campaigns to raise money (“Contributions” or “Donations”) from other users or companies (“Donors” or “Contributors” or “Backers”).

  2. Modifications of Terms of UseThe Company reserves the right, at its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
  3. User Terms: Donors
    1. DonationsIn order to contribute to an Organization, Donors will be required to provide GivingLoop information regarding their credit card or other payment instrument (“Payment Instrument”). You, as a Donor, represent and warrant to GivingLoop that such information is true and that you are authorized to use the applicable Payment Instrument.Donor commits that their Payment Instrument has sufficient balance for the Donation at the time of pledging to an Organization. You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and will not be refunded unless GivingLoop, in its sole discretion, agrees to issue a refund. And in the case of a refund, GivingLoop may or may not return the associated fees with the transaction, including but not limited to GivingLoop service fees or Payment Processing Partners fees.GivingLoop uses third-party payment processing partners to bill you through your Payment Instrument for any Donations made, and Donors acknowledge that by contributing a Donation to an Organization, the Donor is agreeing to any and all applicable terms set forth by our payment partners (such as but not limited to Stripe, Inc. and PayPal, Inc.), in addition to these Terms of Service, including Stripe’s terms of service and PayPal’s terms of service.
    2. Donation TypesDonors may have either, both or none of the following donating options to contribute through to an Organization:
      1. One Time Donation or any term that represents Non-Recurring charge: By choosing this option, Donors accepts a one time charge to their Payment Instrument, immediately or at a later time.
      2. Recurring Donation, Monthly Donation or any term that represents a repetitive charge: By choosing this option, Donors accepts an immediate charge to their Payment Instrument and future repetitive charges with the same donation amount.
    3. Recurring DonationsDonors may have the option to contribute recurring period Donations (your agreement to make the Donations on a recurring basis, a “Donation Subscription” and each individual Donation made in connection with a Donation Subscription, a “Donation Installment”), and in electing to contribute on a recurring basis, you, as a Donor hereby acknowledge that Donation Subscriptions automatically renew and have a recurring payment feature, and that unless and until you opt out of the auto-renewal of the Donation Subscription, which can be done through the Website, any Donation Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the initial term originally selected.In connection with each of your Donation Subscriptions, you (i) hereby authorize GivingLoop to bill your Payment Instrument in the amount of the applicable Donation Installments in advance on a periodic basis until you terminate such periodic payments by opting out of the Donation Subscription through the Website and (ii) accept responsibility for payment of all Donation Installments occurring prior to opt out. Changes to or termination of Donation Subscriptions or Donation Installments will apply only to Donation Installments that take place at a minimum of 72 hours after GivingLoop receives notice of such change or termination.GivingLoop is not obligated to provide refunds of any amounts received in connection with previously made Donation Installments in any case. Additionally, by enrolling in any Donation Subscriptions, you acknowledge and agree for any and all such Donation Subscriptions, that (a) the ongoing maintenance and operation of Donation Subscriptions and each Donation Installment are the sole responsibility of, and subject to the sole discretion of, the individual or entity responsible for managing and receiving the Donation Subscription (e.g. the Organization), (b) tax deductibility for individual Donation Installments shall be discussed and agreed on with the Organization and not GivingLoop, and may vary from a Donation Installment to the next, (c) one or more specific Donation Installment may not be provided to or received by the applicable Organization if such Organization becomes unavailable, unable to accept Donations, or chooses to stop receiving Donations, which may occur for various reasons, such as if the Organization becomes subject to an investigation or is suspended or removed from the Website by GivingLoop or (d) the amounts actually received by the applicable Organization may differ from one Donation Installment to the next (for example, if the processing fees associated with the Donation Installment change).

      Your non-termination of a Donation Subscription reaffirms that GivingLoop is authorized to charge your Payment Instrument for the Donation Subscription in accordance with these terms. This does not waive our right to seek payment directly from you.

    4. Donor BillingBy submitting their Payment Instrument information and choosing a Donation Type and Amount, Donors agree that GivingLoop has the right to attempt to bill their Payment Instrument for a One Time Donation or a Donation Installment under a Donation Subscription until the charge is successful. GivingLoop doesn’t commit to notify the Donor regarding any failing charges on their Payment Instrument but the Donor agrees to receive such notifications.
  4. User Terms: Organizations
      1. General Terms:
        1. GivingLoop does not offer refunds. The Organization is not required to grant a Backer’s request for a refund unless the Organization is unable or unwilling to fulfill their promised activities.
        2. GivingLoop is not committed to issue refunds for Donors or Organizations at any case and for any reason while Organizations can request us to do so.
        3. Organizations should not take any action in reliance on having the money pledged until they have physical access to the money after performing a Withdrawal.
        4. Because of occasional failures of payments from Backers, GivingLoop cannot guarantee the full receipt of the amount pledged minus fees.
        5. GivingLoop and its payments partners will deduct their fees before transmitting proceeds of a campaign. Fees may vary depending on region and other factors.
        6. GivingLoop reserves the right to cancel a pledge at any time and for any reason.
        7. GivingLoop reserves the right to reject, cancel, interrupt, remove, or suspend an Organization’s account at any time and for any reason. GivingLoop is not liable for any damages as a result of any of those actions. GivingLoop’s policy is not to comment on the reasons for any of those actions.
        8. Organizations are asked to verify their identity and their address before they can withdraw their funds from GivingLoop.
        9. Organization’s verification will happen by the means of, but not limited or restricted to, the delivery of a Passport copy, a recent utility bill, and professional reference letters. GivingLoop reserves the right to accept or reject according to sole discretion and judgment the verification material provided by the Organization’s Account Owner and may ask for further face-to-face due-diligence.
      2. Account Holds:From time to time, GivingLoop may (in our sole discretion) place a hold on an Organization account (a “Hold“), restricting Withdrawals (defined herein) by an Organization’s Account Owner. Some of the reasons that we may place a Hold on an Organization Account include the following: (i) if we have reason to believe (in our sole discretion) that information provided by an Organization’s Account Owner is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available (as determined by GivingLoop in its sole discretion) should be provided directly to a person other than the Organization’s Account Owner (such as a legal beneficiary or person entitled by law to act on behalf of a Organization’s Account Owner), (iii) if we have reason to believe that an Organization has violated these Terms of Service, (iv) if GivingLoop determines that the Organization is colluding with donors to engage in fraudulent activity, (v) if we have reason to believe (in our sole discretion) that there may be suspicious or fraudulent donation activity, or (vi) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Organization account, or need information about how to resolve the Hold, please contact us at [email protected]
      3. Rewards:The Organization can offer Rewards as courtesy to the Donors. Rewards are not intended to be items available for purchase and GivingLoop does not guarantee the delivery of Reward in any way. Rewards shall comply with these Terms of Service and the law.
      4. Withdrawing Donations:You acknowledge and agree that Donations Withdrawals or Payouts (“Withdrawals”) may not be available to you for use immediately, and GivingLoop does not guarantee that Withdrawals will be available to you within any specific time frame, and GivingLoop expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as an Organization’s Account Owner, are responsible for ensuring that the information you provide to GivingLoop in order to process a Withdrawal, including your bank account information, is accurate and up to date. GivingLoop may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Donation(s) with or without consulting with you, which may comprise the entire amount donated to your Organization. GivingLoop is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by GivingLoop issuing refunds, including, but not limited to transaction or overdraft fees.You also acknowledge that you are liable to GivingLoop for any failure in commitment to your advertised messages including using the Donations for other uses than announced.
      5. Special Notice for International Use; Export Controls:Software (defined below) available in connection with the Services and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the United States or other jurisdictions. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.

    As an Organization you represent and promise GivingLoop that you:

      1. Are the authorized representative of the Beneficiary with the authority:
        1. to solicit Contributions for the Beneficiary; and
        2. to bind the Beneficiary to the terms of this Agreement.
      2. Will comply with all the rules of Organizations described above
      3. Will respond promptly to Donors’ concerns regarding their contributions
      4. Ensure all Contributions are disbursed properly and legally to the beneficiary Organization and all Contributions are used as described by the Organization on GivingLoop.
      5. Will reach a mutual satisfactory resolution between you and the Donors in case you are unable to receive your contributions, execute your projects, or deliver the promised activities.
  5. Use License
    1. Permission is granted to temporarily download material (information) on GivingLoop’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
      1. modify or copy the materials;
      2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
      3. attempt to decompile or reverse engineer any software contained on GivingLoop’s web site;
      4. remove any copyright or other proprietary notations from the materials; or
      5. transfer the materials to another person or “mirror” the materials on any other server.
    2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by GivingLoop at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
    3. By way of example, and not limitation, your promise means you will not use the Service:
      1. To offer, sell or distribute:
        1. Controlled substances (such as steroids, narcotics, tobacco products, prescription drugs, marijuana), medical devices or products or services presenting a risk to consumer safety
        2. Drug paraphernalia
        3. Bullying, harassing, obscene or pornographic items, sexually oriented or explicit materials or services
        4. Stocks, bonds or other securities, real estate, insurance or banking or financial services
        5. Guns, ammunition, firearms, knives, weapons or accessories regulated by law
        6. Items promoting hate, personal injury, death, damage or destruction to property
        7. Items infringing or violating others’ Intellectual Property Rights, privacy rights or proprietary rights or wrongfully disclosing confidential information
      2. To engage in, or encourage, promote, facilitate or instruct others to engage in, activities which are illegal or, in our judgment and discretion, result in:
        1. Infringing or violating others’ Intellectual Property Rights and/or privacy rights or wrongfully disclosing or using confidential information
        2. Promoting terrorism, abuse, libel, hate, personal injury, property damage, violence, racial intolerance or financial exploitation
        3. Causing risk of or actual personal injury or tangible or intangible property damage
        4. Defaming an individual or entity
        5. A betting, wagering, lottery, raffle, sweepstakes, pyramid, Ponzi or similar scheme or game or contest of chance
        6. Unauthorized self-promotion
        7. Use of our widgets on sites containing content which is contrary to or violates this Agreement
      3. To:
        1. Harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information) without their consent
        2. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the infrastructure or otherwise may be disruptive including but not limited to “flooding” any group with posts
        3. Upload, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment
        4. SPAM or use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the GivingLoop servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser
        5. Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service or otherwise interfere with the proper working of the Service or bypass measures to prevent or restrict access to the Service
        6. Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity
        7. Make any false or misleading Post (such as false or misleading information in the Campaign, in your Campaign Profile (such as misrepresenting the Beneficiary or Campaign purpose) or in a comment)

      You agree that you are responsible for protecting yourself from member content on GivingLoop that is perceived to be harmful. GivingLoop is not liable to any disputes between members.

      Notwithstanding the foregoing, you acknowledge and agree that GivingLoop may, but is not obligated, in its sole discretion and judgment, to:

      1. verify your use at any time as an Organization or Donor
      2. permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to or use of the Service or your account(s) or to remove any Member Content, Posts or other content or block any individual or entity for any reason (or no reason at all)
      3. delay or withhold the payment of or reverse or refund any Contributions or other amounts
      4. all without notice and without liability for any damages and without necessarily consulting any other parties. Upon termination for any reason, you continue to be bound by this Agreement.

      Discrepancies in or false or misleading statements or misrepresentations as to the Campaign, Beneficiary or uses of Contributions may result in Contributions being refunded and/or accounts being suspended or reversed. If Contributions have been disbursed to you or the Beneficiary, you and the Beneficiary will ensure that all Contributions are refunded promptly to all Contributors without deduction for any fees. These fees will be payable by the Organization.

    4. DisclaimerThe materials on GivingLoop’s web site are provided “as is”. GivingLoop makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, GivingLoop does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
  6. Liability
    1. Waiver of Warranties.We disclaim all warranties, express, implied, statutory, or otherwise, concerning the Website to the fullest extent allowed by applicable law. This waiver includes, but is not limited to, all warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information. We make no warranties concerning continuity of service, the security of the Website, or that the Website will be error free. We offer the Website and the features and services contained therein “AS IS” and “WITH ALL FAULTS.”
    2. Taxes.You understand that the party you transact with through the Website is the one that sets the tax language in any receipt you receive. We make no representations about the nature of any transaction you make through the Website. Always consult the organization you are transacting with and a qualified financial advisor prior to claiming a deduction on your taxes.
    3. Release.You hereby release us, our successors and assigns, our affiliates, and each of the foregoing’s respective directors, officers, employees, and agents (collectively, the “Releasees“) from any and all liability, costs, expenses, losses, damages (including damage to property or personal injury or death), and claims, whether known or unknown, which may arise from (i) you hosting, participating in, attending, or authorizing an event posted on the Website (including events you authorize your supporters to advertise on the Website) or (ii) from the acts or omissions of third parties you interact with through the Website (collectively the “Released Claims“).
    4. Limitation of Liability.In no event shall GivingLoop, our officers, directors, employees and agents be liable to you for special, consequential, indirect, punitive, exemplary or incidental damages (including, without limitation, lost revenues or profits, data, or loss of goodwill), regardless of the cause, legal theory, or cause of action, even if we have been advised of the likelihood thereof. You acknowledge that the foregoing limitations are an essential basis of the bargain we have reached and that they will apply notwithstanding any failure of essential purpose of any limited remedy.
    5. Indemnification.You agree to hold the Releasees harmless and to defend and indemnify each of them for all costs, expenses (including reasonable attorney’s fees), damages, and liability from third party claims, which arise from, or relate to, your use of the Website or your breach of these Terms.
  7. Revisions and ErrataThe materials appearing on GivingLoop’s web site could include technical, typographical, or photographic errors. GivingLoop does not warrant that any of the materials on its web site are accurate, complete, or current. GivingLoop may make changes to the materials contained on its web site at any time without notice. GivingLoop does not, however, make any commitment to update the materials.
  8. LinksGivingLoop has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by GivingLoop of the site. Use of any such linked web site is at the user’s own risk.
  9. Site Terms of Use ModificationsGivingLoop may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the current version of these Terms and Conditions of Use.
  10. Governing LawAny claim relating to GivingLoop’s web site shall be governed by the laws of the State of Delaware, USA without regard to its conflict of law provisions.
  11. Privacy PolicyYou accept our Privacy Policy, which you may view in full by clicking here.