PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“Agreement”, “Terms,” or “Terms of Service”) CAREFULLY BEFORE PARTICIPATING IN THE SERVICES (DEFINED BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. THIS TERMS OF SERVICE REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS, JURY TRIALS, OR CLASS ACTIONS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
VVV Sattuva FOUNDATION (“VVV Sattuva”, “we”, “us”, “our” or similar terms) provides its Services (as defined below) to you subject to these Terms of Service, wherein “you” are a donor, also referred to herein as a “User”.
“Services” means our products and services related to our public website (“Website”) and donation forms (“Forms”), hosted by us. It also encompasses, but it not limited to, our content, data, and donation processing functionality.
BY ACCESSING OR USING ANY OF OUR SERVICES IN ANY WAY YOU REPRESENT AND WARRANT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH VVV Sattuva, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SERVICES. If VVV Sattuva, or any third party service provider acting on our behalf, at any time discovers that the information you provided about you or your use of any Service is incorrect or violates any of these Terms, the Services may be suspended and/or terminated with immediate effect.
If you are under thirteen (13) years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under eighteen (18) years of age, you may only use the Services, with or without registering, with the approval of your parent or legal guardian.
If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization.
We know that your privacy is important, so we created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us: it is available at https://www.vvvsattuva.com/privacy. You understand and agree that while we take reasonable steps to ensure the safety of your personal information, such steps do not guarantee that the Services are invulnerable to all security breaches or immune from security threats or other vulnerabilities. We reserve the right to cooperate with international, federal, national, local, state, and provincial and territorial authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information.
We may change or stop providing any features of the Services, or the Services themselves, at any time without any notice.
We may, at our sole discretion, change, add, or delete portions of these Terms at any time on a going-forward basis. It is your responsibility to check these Terms for changes prior to use of the Services, and in any event your continued use of the Services following the posting of changes to these Terms constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes at https://www.vvvsattuva.com/terms-conditions/ and/or, in our sole discretion, by email.
How It Works
Our Services include systems that accept and process donations (“Donations”) from donors and then either
- re-grant those Donations to charities and other qualifying tax-exempt organizations in the VVV Sattuva Foundation’s database (a “Charity” or “Charities”). VVV Sattuva Technologies works with the VVV Sattuva Foundation, a registered 501(c)(3) tax-exempt public charity (the “Foundation”). The Foundation is an independent, tax-exempt nonprofit that is the initial recipient of all donations made through the Services. You first make a Donation to Foundation, and then you may make regrant recommendations for portions of that Donation to one or more Charities (each, a “Recommendation”), at which point the Foundation will, as described below, remit certain amounts to a Charity (“Regrant”); or
- deliver those Donations either to the organizer of a personal fundraiser or to an individual they designate. These donations are not to the nonprofit VVV Sattuva Foundation and are not tax-deductible to the donor.
The Services also allow donors or Event Hosts to see their respective Donations.
Our Role
VVV Sattuva Foundation provides a platform for processing Donations and facilitating Donation transactions. We have no control over any Charity, personal fundraiser host, or donor, their conduct, or the information they provide.
We do not verify information provided by a Charity or personal fundraiser host. The personal fundraiser host creates the description of the fundraiser. Similarly, Charities are able to edit some of the information in our database and presented on our Website and to other websites using our tools. We expressly disclaim any liability or responsibility for the accuracy of information about any Charity or personal fundraiser, or whether Donations are used as described or in accordance with the law. Those responsibilities are solely with the respective Charity or personal fundraiser host.
We also use independent third party services and regulator’s data to check the eligibility of Charities to receive regranted donations. However, we cannot guarantee that all Charities are and will be who they say they are. NEITHER VVV Sattuva NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY CHARITY.
We review personal fundraisers for potential fraudulent activity, misuse of funds, or other indications that the funds will not be used as represented. If you become aware of any such behavior, please contact us via the form at http://help.vvvsattuva.com
Our Website may contain pages featuring Charities to receive Regrants of Donations, but the existence of these pages on the Website or Services does not constitute a solicitation of donations.
We are not a financial, tax, or law firm. Do not rely on information we provide to assess the implications of using the Services, especially making or receiving donations. Consult your own professional advisors.
Your Role
If you are a donor, it is your responsibility to:
- ensure that you are donating to the correct charity or personal fundraiser; and
- understand how your money will be used; and
- understand the tax, legal, and other implications of your Donations. We will email you a receipt immediately after processing indicating that your payment was to a charity or a personal fundraiser host or their designated beneficiary, but your own tax situation will determine the deductibility of any donation to a charity.
If the Event Host has set a goal, your donation will be processed (virtually immediately), whether or not the goal is met.
Charitable Donations and Regrants
Donations to Charities made through the Services are complete and final charitable gifts to the Foundation, and are not refundable. To comply with federal tax laws and Internal Revenue Service regulations, the Foundation must have exclusive authority, discretion, and legal control over all Donations.
The Foundation makes every reasonable effort to respect the wishes of its donors. In the unusual event that donor’s recommended Charity does not satisfy the Foundation’s criteria or we are unable to reasonably deliver payment (e.g., lost IRS charity designation, suspicion of illegal activities, moved and unable to redeliver payment), the Foundation may select an alternate Charity to receive those Donations. We will attempt to find an organization with a similar mission in the same geographic area.
The amount of any Regrant will be based on the donor’s Recommendation less applicable processing fees. The Foundation may pool Regrants from multiple Users together, but will generally make Regrants to the advised Charity within 45 days or less following receipt of your Recommendation, unless the combined total to be paid to the Charity is less than $20 or there are deliverability problems. VVV Sattuva reserves the right to establish minimum amounts and other restrictions for any Regrant.
The Services may offer a donor the ability to indicate preferences for specific use of the funds by a Charity in a Recommendation. Such preference will be noted in the communication to the Charity accompanying the Regrant, but this does not guarantee that funds will be used in a manner consistent with any such preference, and neither we nor the Foundation are responsible for or will be held liable for the ultimate handling of such preferences. You hereby acknowledge that any designation of a Donation’s use is merely an expression of preference and does not give rise to any contractual obligations. VVV Sattuva reserves the right in its sole discretion to remove text from this field before it is provided to the designated Charity, for example, if VVV Sattuva deems it inappropriate, offensive or misrepresentative.
Payments
Payment
You agree to pay all charges due to us, including Donations, at the time such payment is due and payable. You must provide VVV Sattuva with a valid credit card (Visa, Mastercard, or any other issuer we accept) or other payment method we make available. Your payment provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing VVV Sattuva with your credit card number and associated payment information, you agree that VVV Sattuva is authorized to immediately charge your card for all fees and charges due and payable to VVV Sattuva hereunder and that no additional notice or consent is required.
Recurring Donations
If you select a recurring Donation, you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (MONTHLY, QUARTERLY, OR ANNUAL) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT PROVIDER. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO vvvsattuva.com.
Payment Disputes
You must notify us in writing within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be submitted via http://help.vvvsattuva.com
Our Fees
Payment Card Processing
Any payment to us made via a payment card, whether intended for a charitable organization or personal fundraiser, is assessed a 2.9% + 30¢ charge. This amount is deducted from the amount regranted to the designated charity or paid to the personal fundraiser beneficiary and is primarily used to pay third party payment processor costs.
Exceptions:
- If is a “cover our costs” checkbox, the payment card amount is increased and the payment card processing fee is not deducted from the donation. See description in the next section.
- A commercial partner or sponsor has agreed to pay for payment card processing for donations on a specific site or to a specific cause or charitable organization.
Technology Fee for Individual Donations
In cases where there is no optional tip on a donation form, there is a 3% Technology Fee deducted from the amount regranted to the designated charity or paid to the personal fundraiser beneficiary.
Exceptions:
- Tips and the Technology Fee are mutually exclusive (see below)
- The donor may see an option to “cover our costs.” If selected, the payment card processing and technology fees will be added on top of the donation / contribution amount, and the donor will pay the combined total. In that case, those fees are not deducted from the donation prior to regranting.
- One of our commercial partners or sponsors may pay for the payment card processing and technology fees for donation forms hosted on a specific site or to a specific cause or charitable organization.
- Employee engagement programs have a separate fee structure per an agreement between the employer and VVV Sattuva.
Tips
If a donation form has a line item for tips, there is no Technology Fee. The tip is optional and can be adjusted, including to $0.00. The tip is displayed to you prior to you approving the charge to your payment card. Tips are in addition to the donation amount so do not affect the amount reaching the charitable organization or personal fundraiser beneficiary. Because tips flow immediately to a for-profit service provider, under IRS rules they are not tax deductible to the donor.
Per-Check Fees for Disbursements to US Charitable Organizations
At the end of every calendar month, we calculate the amounts received for every charitable organization, net of the fees above, and send US charitable organizations payment for all amounts greater than $20. We charge a $5 processing fee per paper check.
Fees for Disbursements to Charitable Organizations Outside the US
For payments to non-US charities not registered as 501c3 organizations with the IRS, we partner with international nonprofits who handle the disbursements to the recipients. They will charge a 5% fee against the amount of the donations that we send to them. They may aggregate payments due to a specific organization across multiple months in order for the disbursements to be economic.
Limited License
Our Services are protected by copyright and other intellectual property laws throughout the world. As between you and us, we are the sole owner of all rights, title and interest in and to the VVV Sattuva Services, including any intellectual property rights contained therein.
Subject to the Terms, VVV Sattuva hereby grants you a limited license for the sole purpose of using the Services for your personal, non-commercial purposes, conditioned on your continued compliance with these Terms. Any future release, update or other addition to the Services shall be subject to the Terms. VVV Sattuva, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Services terminates the licenses granted by VVV Sattuva pursuant to the Terms.
Location-based Information
You hereby authorize us and our Services to take certain actions with respect to data about your location:
- When you use our Services on a mobile device, you authorize us to collect location information from the GPS functionality on your device. You can grant or revoke your consent at any time and prevent us from continuing to access your GPS information by changing the settings on your device.
- When you use our Services on a web browser, you authorize us to collect approximate location information using a variety of techniques.
We use this location data for purposes of fraud prevention and, in aggregate, for analysis and to improve the user experience. We do not sell individualized or aggregate data – see our Privacy Policy.
Ownership
You agree that VVV Sattuva and its suppliers own all rights, title and interest in the Services. You agree that you have no right or title in or to any data or content that appears on or in the Services.
VVV Sattuva and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of VVV Sattuva and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Services are the property of their respective owners. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Feedback
You agree that submission of any ideas, suggestions, documents, and/or proposals to VVV Sattuva through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that VVV Sattuva has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to VVV Sattuva a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services.
Investigations
VVV Sattuva may, but is not obligated to, monitor or review content on the Services at any time. Without limiting the foregoing, VVV Sattuva shall have the right, in its sole discretion, to remove any content for any reason (or no reason), including if such content violates the Terms or any applicable law. Although VVV Sattuva does not generally monitor user activity occurring in connection with the Services, if VVV Sattuva becomes aware of any possible violations by you of any provision of the Terms, VVV Sattuva reserves the right to investigate such violations, and VVV Sattuva may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove content, in whole or in part, without prior notice to you. If, as a result of the investigation, VVV Sattuva believes that criminal activity has occurred, VVV Sattuva reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.
VVV Sattuva is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services in VVV Sattuva’s possession in connection with your use of the Services, to:
- comply with applicable laws, legal process or governmental request;
- enforce the Terms,
- respond to your requests for customer service, or
- protect the rights, property or personal safety of VVV Sattuva, its Users or the public, and all enforcement or other government officials, as VVV Sattuva, in its sole discretion, believes to be necessary or appropriate.
Disclaimer of Warranties
The “VVV Sattuva Parties” are 1) VVV Sattuva and its parents, subsidiaries, and affiliates, and 2) VVV Sattuva Foundation, and 3) each of their officers, employees, agents, partners and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. VVV Sattuva PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE VVV Sattuva PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT:
- THE SERVICES WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
- ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. VVV Sattuva MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VVV Sattuva OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
From time to time, VVV Sattuva may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at VVV Sattuva’s sole discretion. The provisions of this section apply with full force to such features or tools.
YOU ACKNOWLEDGE AND AGREE THAT THE VVV Sattuva PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE VVV SattuvaN PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. VVV Sattuva MAKES NO WARRANTY THAT THE SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS.
Idemnification
You agree to indemnify, defend, and hold the “VVV Sattuva Parties” harmless from and against any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of:
- your use of, or inability to use, the Services;
- your violation of the Terms;
- your violation of any rights of another party, including any Users; or
- your violation of any applicable laws, rules or regulations.
VVV Sattuva reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with VVV Sattuva in asserting any available defenses. You agree that the provisions in this section will survive any termination of your use of the Services, the Terms or your access to the Services.
Limitation of Liability
Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL VVV Sattuva PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT VVV Sattuva HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE VVV Sattuva PARTIES BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50).
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VVV Sattuva AND YOU.
Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitations Period. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AND VVV Sattuva AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SERVICES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.