Giftberry.org is a non-profit, 501.c.3 organization that allows businesses and individuals to donate, and Charities and Schools to receive those online transactions such as cash donations, volunteer time, products or merchandise, free charity auctions, individual auctions on facebook, event, pledge drive, administration, free email to your community, and great services designed to help all Schools and Charities.
Giftberry also works seamlessly as an easy payment solution on your Charity or School Website, allowing for branded interaction, and a quick way for your members and community to make a payment, buy a ticket or simply interact.
Please note: if you participate, interact, donate, transfer, auction, post, or purchase any Products, Services, Memberships or Subscriptions on this Site you hereby agree to this Terms of Sale, Terms of Purchase, and Terms and Conditions, contained in the Agreement (“Agreement”), below, as well as our Privacy Policy. Attention: GiftBerry.org reserves the right to change this Agreement at any time, without notice to you, so please be sure to check this Agreement prior to any purchase on the Site. The date of the current Agreement will always be included at the top of this page.
Entering This Site
All persons entering this site agree to the terms outlined in this Terms of Sale, and Terms of Service Agreement, have read these documents completely, and will abide to their terms.
I. PERSONAL NON-COMMERCIAL USE
All viewing and subsequent transactions on the Site (collectively “Products and Services”) are offered solely for your personal, non-commercial use, other than by the Charities and Businesses who exchange these philanthropic services or products. The delivery of any Products and Services to you does not transfer any commercial or promotional rights in the Products and Services. You may not resell, rent, lease or provide the Products or Services to any person and you shall not modify, publish, participate in the transfer or sale of, reproduce (except for as otherwise provided for in the Terms of Service, or by noted arrangement), or create new works from, any of the Products or Services in whole or in part. You are specifically prohibited from using any of the Products or Services to send commercial advertising or mass mailings of any kind. “GIFTBERRY.ORG” reserves the right to terminate your Account for violation of any of these rules.
II. “GIFTBERRY.ORG”’S OPERATION OF SITE
“GIFTBERRY.ORG” may change, suspend or discontinue any aspect of the Products and Services at any time, including the availability of any feature or content. “GIFTBERRY.ORG” may also impose limits on certain features and services or restrict your access to parts or all of the Product and Services without notice or liability.
III. REGISTRATION AND SECURITY
Registration
If you participate in, or purchase any Products or Services on the Site you will be required to register and set up an “Account”, either a personal account (“Individual”), a charity or school account (“Charity”) or a Business Account (“Business”). You are responsible for the accuracy of the information included in your Account. Your Account will be protected in accordance with our Privacy Policy. You are responsible for: (1) keeping your Account up to date and updating information as necessary; and (2) maintaining the confidentiality of your Account including all registration information and any passwords assigned to you. (3) you, your officers, your directors, and/or your owners agree to accept responsibility for all activity that occurs within your Account(s). (4) any Account irregularity must be reported within 30 days of occurrence, so correction can be made. Any irregularity reported more than 30 days of occurrence may be subject to an administration fee, and/or rejection of claim.
You may not: (1) use another Account, with the intent to impersonate that person or organization; or (2) use an Account to which another person/organization has rights without such person's authorization. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your Account, and such action as local and federal law dictates.
Unauthorized Use of Your Account
You are responsible for all usage or activity on your Account, including the use of the account by any third party authorized by you to use your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account and any Memberships and/or Subscriptions, at the sole discretion of “GIFTBERRY.ORG”. “GIFTBERRY.ORG” reserves the right to disclose any personal information included in your Account or related to your use of the Site, Products and Services, to third parties in the course of investigating abuse of our Products and Services and to forward such information to appropriate law enforcement agencies.
Notice of Unauthorized Use of Account
You must notify “GIFTBERRY.ORG” of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. Any fraudulent use of any credit card, debit card, check or other payment method is the sole responsibility of Account holder and credit card (or financial institution) issuer of that payment device. Giftberry.org assumes no responsibility or risk for any use of any payment method on the giftberry.org website, nor for confirmation by third parties of identification or validity of such payment method or individual.
Children Under 18
If you are under the age of 18, you may only purchase Products or Services with the permission of a parent or guardian, and via that parent or guardians master account. “GIFTBERRY.ORG” reserves the right to refuse service, terminate accounts or cancel orders at its sole discretion
IV. FEES AND TAXES
Fees
You are responsible to pay all fees and charges incurred through your purchase of any Products or Services at the rates in effect for the billing period in which such fees and charges are incurred. “GIFTBERRY.ORG” reserves the right, at its sole discretion, to bill fees and charges to any of the payment methods you have included in your Account. Billing and deductions occur at the time of transaction, donation or purchase, and is final. “GIFTBERRY.ORG” does not provide price protection or refunds if the price for particular Products or Services previously purchased by you is lowered or is part of a charity or promotional offer. All Products and/or Services purchased on a non-Subscription basis (individual downloads, shipped products) and/or promotional offerings are non-refundable. For Subscription refunds see Subscriptions paragraph below.
Taxes
All posting of donations, and their subsequent dissemination, tracking, redemption, and recordkeeping of transactions on the giftberry.org site are transacted as such, and such transfer is ultimately the responsibility of both the donating party, and the receiving party, with full IRS compatible transaction record available on the giftberry.org site at all times. Any tax benefit is solely the responsibility of the donor providing such available information, as determined by Individual, Business or Charity, and their tax professional. It is further assumed that any Charity, School, or Cause providing Federal and State legal identification for Tax Exempt Status, is operating, reporting and acting in good faith to provide all information contained on any transaction on the giftberry.org site to proper agencies.
V. MEMBERSHIPS AND LIMITATIONS
Memberships
Once you have donated or received a donation on giftberry.org, you are a member, with all member rights and responsibilities, including, but not limited to honest listing of gifts and donations on the giftberry.org site, as well as honest use of donations received.
All members may interact with charity communities that they have been authorized to contact, according to limitations imposed by a listing Business, a Charity or an Individual. Any Account wishing to limit or grant access to a specific charity community may do so within their account settings at any time.
VI. METHODS OF PAYMENT
Credit Card Payment (Accounts)
If users of the giftberry.org site elect to pay for Donations, Products and Services by providing “GIFTBERRY.ORG” with a credit card, debit card account number (either on the Site or by phone), eCheck or other means of electronic monetary transfer, “GIFTBERRY.ORG” will charge the then-current listed price directly to the provided credit card or payment method. If you have purchased a Membership, “GIFTBERRY.ORG” will automatically renew your Membership and charge your credit card account annually at the then-current Subscription or Membership fee.
Checking Account Payment (individuals)
If users of the giftberry.org site elect to pay for Donations, Products and Services by providing “GIFTBERRY.ORG” a checking account number (either on the Site or by phone), “GIFTBERRY.ORG” will debit the then-current price directly from the user account, with all proceeds forwarded to the designated charity or school. If you have purchased a Membership, “GIFTBERRY.ORG” will automatically renew your Subscription and debit your account annually at the then current Subscription price plus a convenience fee. The convenience fee is non-refundable. In no event will “GIFTBERRY.ORG” be liable for any NSF or other bank fees resulting directly or indirectly from any transaction or debits to your checking account.
Premium SMS Billing (individuals)
Certain Products and Services can be purchased through Premium SMS Billing. These charges are processed by your mobile phone carrier, and third parties designated by your carrier. The charges will appear on your mobile phone bill during the next billing cycle after your purchase. Purchases made by Premium SMS are final and non-refundable, even in the event of technical incompatibility or non-functionality of the content. Questions or problems relating to Premium SMS Billing should be addressed to your mobile phone carrier.
Convenience Fee
GiftBerry.org provides the only free services and transactions for charities and schools in the world.
Transactions made by credit card, debit card or check on the automated giftberry.org site are FREE of all convenience Fees for all transactions up to $10, with higher amounts subject to a 50 cents convenience fee or more at time of transaction which provides users live or email customer service, transaction clarification, and staff to provide assistance to all charities and individuals using the giftberry.org FREE services and transactions. For higher dollar amounts up to $1000 there is a convenience fee. All convenience fees are directed and controlled by the Member Charity and may be removed or waived, upon direction by Charity and/or through certain membership levels that a Charity may elect to join on the giftberry.org site.
Charity & School Fees
Charities may transact on the giftberry.org site with full agreement and understanding of the following limitations:
Charity must be “in good standing” without any encumbrances or Liabilities that threaten their well-being. Directors or Officers of 501.c.3 organizations may also be taken into consideration prior, or during membership in the giftberry.org, availability of services.
Charity may elect to transact on the giftberry.org site up to $1000 per transaction with 0% Mastercard, Visa, Check, Debit, Discover, Optima fees online, with no deposit requirements, or for cumulative amounts $1,000 per transaction, at a rate of 1.99% flat rate, which may require items concluding a 30-day financial limit on challenges, at which time all proceeds shall be forwarded to charity, by bank draft, on a two-week cycle after the 30 day limit has expired. There are no transfer Fees for this program. Convenience Fees, as above, are waived on all charges of $10 and under, No additional fees for monthly charges, equipment charge, per item, batch, or other misc. fees, etc shall be levied, other than as stated above.
Charity may elect to transact additional payment types, as available, and subject to change at any time, such as Amex, Paypal, PaySimple, PaymentSolutions, etc. for a flat fee of 3.99%. Convenience Fees, as above, are waived on all charges of $10 and under, No additional fees for monthly charge, equipment charge, per item, batch, or other misc. fees, etc shall be levied, other than as stated above.
Charity, Individual, or Business “Account” receive all proceeds, at their direction, as per the industry standard, (FREE 30-day cycle), upon the giftberry.org, twice-per-month forwarding of funds. This Transfer of Account funds will occur as funds are released, reconciled, and released by financial institutions. This process is automatic, and will be sent through financial institution direct bank draft to the Account Holder of Record, and Account address of record only. Any Account may elect to transfer proceeds from their giftberry.org Account in a more expedited manner, within 7 days of online order, for additional expedited Giftberry.org Transfer Fee which includes, but is not limited to, as listed, of 1 ½ % of transfer amount. This transfer may be scheduled on a weekly basis, as ordered by Account holder, and for a minimum amount at a rate, as is then current, with additional Transfer fee, as may apply.
Charity is responsible for, and subject to additional fees for transactions performed on the giftberry.org site including, but not limited to returned items, NSF fees, phone transactions, and any other payment anomaly that may cause harm to giftberry.org, other than normal donation transactions, and additional fees will apply to these transactions, as required.
Individuals, Businesses, Causes, Charity or School, officers of the Charity, and Directors of the Charity processing donations and other proceeds on the giftberry.org site, are individually, and collectively responsible for all Charity Community interaction, transactions, products, gifts, auction items, use of the system, input of account, and will reimburse giftberry.org for any mistakes, errors, returned items, proceeds errors, credit card disputes, or mis-use of the giftberry.org services by employees, volunteers, individuals, or others working on behalf of that Charity or School.
VII. THIRD PARTY PRODUCTS AND SERVICES
Third parties offer products and services as gifts, and for sale on the Site and/or via links to third party sites. “GIFTBERRY.ORG” is not responsible for, and does not warrant in any manner, that the products and services offered, sold, or transferred by any Account or third party. “GIFTBERRY.ORG” does not assume any responsibility or liability for the products and/or services offered by any Account or third party. Please be sure to review these third party Terms of Sale, Terms of Service and Privacy Policies prior to purchasing any products and/or services.
VIII. WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. “GIFTBERRY.ORG” IS NOT RESPONSIBLE FOR ANY FAILURE OF THE PRODUCTS AND SERVICES AND/OR INDIVIDUALS or ACCOUNTS INTERACTING ON THE SITE. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. “GIFTBERRY.ORG” IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OF THE PRODUCTS, SERVICES AND/OR SITE OFFERED OR RECEIVED VIA TRANSACTIONS ON THE GIFTBERRY.ORG SITE.
IX. MISCELLANEOUS
Choice of Law and Enforcement
This Agreement applies to all donation purchases of Products and Services and is governed by and construed in accordance with the laws of the State of California. Any dispute arising between you and “GIFTBERRY.ORG” will be submitted to binding arbitration in Los Angeles, CA in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes, provided that no disputes may be arbitrated on a collective or class action basis. If any portion of this Agreement is deemed invalid or unenforceable that portion will be deemed severable and will not affect the validity or enforceability of this Agreement.
“GIFTBERRY.ORG” Communication
“GIFTBERRY.ORG” reserves the right to send you electronic mail regarding billing, administrative, or legal matters relating to the purchase of Products and Services.
Customer Service
If you have any questions regarding giftberry.org, this Agreement, or wish to request a modification or discontinuation of any Membership, and you live within the US, you may modify your Membership online at any time or you may e-mail us at
