Terms and Condition
We may amend or modify this Agreement at any time by posting via the Change Donations Services or e-mail to you, and the revised Agreement shall be effective at such time. We may modify or discontinue any portion of the Change Donations Services, and/or suspend or terminate your access to the Change Donations Services at any time without notice to you. You automatically agree to the terms of affiliated third parties including Stripe, Yodlee and Change Donations, Ltd. You agree that we shall not be liable to you or any third party for any modification or termination of the Change Donations Services, and/or suspension or termination of your access to the Change Donations Services.
“Donor” or “End User” means any person who ultimately uses or is intended to ultimately use the Change Donations Platform.
“Organisation”, “Charity”, or “Donee” means any beneficiary organisation listed on the Change Donations Services to which donors can make financial contributions.
“Donation”, “Transaction”, “Financial Contribution”, or “Contribution” means any action which results in a financial contribution being made to a selected organisation by a donor.
“Content” means the end products of consulting, coordinating and creative services including concepting, design, copywriting and rich media. All products of these services, also referred to as Content; including assets, files, presentations, renderings and intellectual property originated by Change Donations, Ltd. is the property of the organisation.
“Stripe” means Stripe, a provider of payment processing services.
“Yodlee” means Yodlee, Inc. an Envestnet company, a provider of bank account authentication, identity validation, and payment detail and account balance capture services which support ACH transfers.
“Spare Change”, “Round Up” or “Round Ups” means the amount of money donated based on the difference between an organic merchant credit or debit card charge and a full dollar amount of credit card or debit card charge selected by the Donor. For example, where the merchant’s credit or debit card for an item is €3.85, the Donor has directed the Service to round up to the nearest euro and donate the difference, the Round Up is $0.15.
“Platform” means a technology or online service domain including but not limited to mobile and web applications, websites, and all related products and/or services
“Revenue” means the Irish Revenue Service
“The Charitable Donation Scheme” is facilitated by “Revenue” and means an individual donor who makes a donation of €250 in a year can give permission for the charity or approved body to claim a refund of tax paid on that donation by the donor. If a company makes a donation of over €250 in the year, the company can claim a tax deduction as if the donation was a trading expense.
Your donation is managed by Change Donations, Ltd. ("Change Donations"), a Limited Liability Company registered in Ireland with registered company number 637709, whose registered office is Dogpatch Labs, Unit 1, The CHQ Building, Custom House Quay, Dublin. Change Donations makes every reasonable effort to respect the wishes of its donors. However, to comply with Irish Law, Change Donations must retain the exclusive authority, discretion, and legal control over all donated funds. In the rare event that the charity you have advised does not satisfy Change Donations' criteria or otherwise unable receive your donation(s) (reasons for this include issues like: they do not or cannot accept donations or have ceased trading, Change Donations will attempt to contact the donor to notify them or Change Donations may select an alternate and similar non-profit organisation to receive the donation on behalf of the donor.
By signing this agreement you, “the donor” permit Change Donation to share your donation amounts and/or giving history with the Organisations whom you choose to donate to. The organisations will have access to this information for marketing purposes and to fulfil obligations associated to, but not limited to, “The Charitable Donation Scheme”.
You acknowledge and agree that when Change Donations is accessing and retrieving information from the Change Donations services, site, and/or app, Change Donations, Ltd. is acting as your agent. You further acknowledge and agree that when Change Donations makes withdrawals or deposits from any banking account, savings account, brokerage account, credit card, debit card or other similar account which you have provided to Change Donations, Change Donations, Ltd. is acting as your agent. You agree that Change Donations, ltd., its affiliates and partners shall be entitled to rely upon the foregoing authorization, agency and power of attorney granted by you.
Donor Contribution Disclaimer
We use data from three (3) different data sources to verify the good standing of all beneficiary organisations listed on the Change Donations Platform. Those sources are:
The Department of Social Affairs and Social Protection List of Bodies accepted as charitable
organisations for the purposes of Section 11 of Table 2 of Schedule 3 of the Social Welfare Consolidation Act 2005
Benefacts database of nonprofits
Although we make a good faith effort to verify each organisation listed on the Change Donations Services is registered with the Revenue office and in good standing and eligible for “The Charitable Donation Scheme”, we do not guarantee, whether explicit or implied, the exempt status of any organisation listed on the Change Donations Services for The Charitable Donation Scheme. The verification of an organisation’s eligibility to receive tax-deductible contributions and the determination of the extent to which your contribution(s) is deductible is the donors responsibility. We highly advise donors to seek council from an accountant, and/or financial advisor before making any donation.
Change Donations will make reasonable effort to display accurate spending breakdowns for charitable activity, using information provided by each charitable organisation. Change Donations is not responsible for maintaining or regulating charitable spending and therefore is not responsible for understanding or verifying how your money will be used by the charity. You are fully responsible for understanding such information prior to making a donation. We are not obligated to verify the accuracy of any information provided or posted by the charity, and we assume no responsibility to verify if your donation will be used in accordance with any fundraising purpose, or if any funds raised are used in accordance with any applicable laws.
Receipt of Charitable Donation
Change Donations shall make a receipt of your charitable donations accessible to you so that you may be able to substantiate, as required by Revenue, as amended, your charitable contributions for the purpose of “The Charitable Donation Scheme”. While Change Donations will use its commercially reasonable best effort to provide the appropriate documentation for your contribution, Change Donations does not represent, warrant, or guarantee that you will receive such documentation or that Revenue will ultimately recognise your contribution for “The Charitable Donation Scheme”.
Permitted Uses by Organisation Administrators
Any User who creates an account and receives financial contributions through the Change Donations Services is subject to the following specific terms. By enrolling your Organisation and raising funds through the Change Donations Services, you, as an organisation administrator, represent and warrant that: (i) you are an authorised representative of the organisation with the authority to solicit donations for the organisation and are not impersonating any entity or otherwise misrepresenting your affiliation with an entity; (ii) any contributions collected through Change Donations Services will be used solely as described or implied in the materials or information you post or otherwise provide through Change Donations Services; (iii) all information you provide through Change Donations Services is complete, accurate, and is not designed to mislead, defraud, or deceive any user; (iv) you will comply with all applicable laws and regulations when you use the Change Donations Services and solicit funds through Change Donations Services; (v) the organisation or charity you represent has and will maintain tax-exempt status under the Charitable Tax Exemption under Section 207 of the Taxes Consolidation Act, 1997; (vi) if you do not have tax-exempt status at the time of your account creation, you must disclose to Change Donations Services, in an express written statement (in a conspicuous and easily recognisable format) that contributions to your organisation are not deductible for “The Charitable Donation Scheme” (vii) if you receive notice that your tax-exempt status has been revoked and you, the organisation administrator, have previously created an account on Change Donations Services, you are subject to the requirements in section (vi) above. You must provide Change Donations Services with an express written statement as described in section (vi) above within 14 days of your notice of revocation. You may send such written statement to email@example.com so long as it is sent from your organisation’s official email domain and is accurately signed with your name, job title, and telephone number included.
Organisations expressly authorise Change Donations, Ltd. to collect monthly service fee calculated on the previous months funds raised. This service fee is inclusive of marketing, administration and processing fees. In order to streamline the payment and administrative processes, Change Donations will make one monthly payment net of all fees and issue an invoice to reflect the transaction. Fees are subject to change.
Content and Materials
Change Donations retains all rights and ownership of its Content for use. Organisations may have a worldwide license to Content on Change Donations’ Platform and promotional material, so long as the Organisation is using it for the purpose of processing charitable transactions through Change Donations’ Platform and not another Platform or website. Any Organisations’ use or promotion of Change Donations’ Content that expressly directs the public toward any other third party payments processor (including the Organisation’s own website) is in direct violation of this Agreement.
We respect the intellectual property of others and ask that users of our Site, Application and Services do the same. In connection with our Site, Application and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing Materials and for the termination, in appropriate circumstances, of users of our Site, Application and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, Application and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing Material removed, the following information in the form of a written notification (pursuant to s. 40(4) CRRA 2000) must be provided to our designated copyright agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the Materials on our services that you claim is infringing and that you request us to remove; (d) sufficient information to permit us to locate such Material; (e) your address, telephone number, and email address; (f) a statement that you, in good faith, believe that use of the objectionable Materials are not authorised by the copyright owner, its agent, or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed behalf of the copyrighted owner. Please note that, pursuant to 17 USC §512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects to the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated copyright agent can be contacted via email at firstname.lastname@example.org.
Links to Other Sites
The Site, Application and Change Donations Services contain links to other independent third-party websites, and we provide links to third-party websites as part of the Change Donations Services (in all cases “Linked Sites”). We are not responsible for and do not endorse the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. Some of the content served by us will be from merchant sites, and sales through these sites may generate a commission payable to us.
Permitted Donor Uses
Change Donations Donor Services
Change Donations authorises its users to use our interactive platform to search, research, explore, and discover charities, to track and access your historical contributions (including one-time, recurring, and Round Up donations) made to selected charities, and to make financial contributions (via Stripe, our third-party payment gateway outside of the Application) to organisations listed on the Change Donations Platform. Commercially reasonable best efforts will be made to send your contributions to the charity you specify within the Change Donations Platform and will be sent to a similar charity if contributions cannot be sent to your specific charity for any reason.
We are always working on new ways to improve our Services. We reserve the right to modify or change our Site, the Application or any of the Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Site, the Application or any Services. In order to provide the rounding up service we need you to grant us and our third party(s), Yodlee and Stripe, and other service providers or agents who we allocate, access to your account information which includes security information. This is in order to provide the rounding up service. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue the Site, the Application or any Services.
You may not use the Change Donations Site, Application or Services for any illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, the laundering of proceeds of any unlawful activity, the financing of terrorism, the commission of fraud or market manipulation, the harassing or making of disparaging comments to any user of the Change Donations Services, Site or Application. We reserve the right to take preventive or corrective actions to protect ourselves and our users. We reserve the right to disallow contributions to any charity if we determine the legality of their operations (as it relates to Charitable Tax Exemption under Section 207) is in question, their exempt status has been revoked, or if they will not accept contributions through the Change Donations Services. We make a good faith effort to only allow contributions to charities approved by the Revenue and which maintain their status as a Registered Charity with Charitable Tax Exemption under Section 207 (3) on a quarterly basis. If an organisation is no longer a registered Charity with Charitable Tax Exemption under Section 207 (3) or does not accept contributions, we will send the contributions to a similar organisation that is eligible or use for charitable purposes aligned with the Change Donations, Inc. charter. Types of organisations to which we allow contributions are subject to change. Your use of the Site, the Application and Change Donations Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Site, the Application and Change Donations Services and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Site, the Application and Change Donations Services, you may not, except as may be expressly set forth above under “Permitted Uses” (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, Application or Change Donations Services ; (f) “frame” or “mirror” any portion of the Site, Application or Change Donations Services ; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, Application or Services; (h) harvest or collect information about or from other users of the Site, Application or Services; (i) use the Site, Application or Change Donations Services for any illegal activity; (j) probe, scan or test the vulnerability of the Change Donations Services, Site or Application, or breach the security or authentication measures on the Change Donations Services, Site or Application or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Change Donations Services, Site or Application, including without limitation a denial of service attack; (k) send or otherwise post unauthorised commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) post content that is hateful, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of the Company, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of the Company; (o) use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of this Section. Outside of charitable rewards provided to donors and Organisations for the purpose of encouraging generosity, the Change Donations Platform shall not be used for quid pro quo arrangements whereby goods and/or services are provided in consideration of charitable gifts.
Your reliance upon the information available on the Site or Application or located through utilisation of the Change Donations Services and your interactions with third users identified through the Change Donations Services is solely at your own risk. Your interactions with other users or advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damages incurred as the result of any such dealing or with respect to any other person’s or entity’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly, and that you will not make any claims against us with respect to products or services purchased through your use of the Change Donations Services.
Limitation of Remedies
In no event shall the company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages or any damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, the Application or related Services, the provision of or failure to provide the Change Donations Services, or for any content, software, products and services made available or obtained through the Site, the Application, or their respective content, or otherwise arising out of the use or access of the Site, use of the Application or use of the Change Donations Services, whether based on contract, tort, negligence, strict liability or otherwise, even if the company has been advised of the possibility of damages, any services or content made available or obtained through the use of the Site or the Application, and all other use of the Site or Application, is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.
You agree to indemnify and hold Change Donations, its affiliates, Service Providers, and each other their respective officers, directors, agents, joint venturers, employees, independent contractors and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees, or penalties imposed by any regulatory authority) arising out of or related to: (a) your breach of this Agreement, (b) your use of the Change Donations Services, or (c) your violation of any law, rule or regulation, or the rights of any third party.
We prefer that you contact us by email at email@example.com.