Donnate User Agreement

Created by Donnate Support, Modified on Tue, 7 May at 8:35 AM by Donnate Support

1. Introduction

This User Agreement (“Agreement”) sets out the terms on which Donnate Technology Limited, (“Donnate,” “we,” “our,” or “us”) offers you access to and use of our sites, services, applications, and tools (collectively 'Services'). By accessing or using the Services, you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not access or use the Services.

You also agree to Donnate Privacy Policy, Cookie Policy and all policies posted on Donnate. If a policy conflicts with the terms of this Agreement, the policy will prevail to the extent of the conflict.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity; your acceptance of the Terms will be deemed acceptance by that entity, and “you” and “your” herein shall refer to that entity.

2. About Donnate

Donnate is a charitable shopping platform that allows users to buy, make offer, and donate just about anything to nonprofits in a variety of pricing formats and locations.

Donnate does not have possession of anything listed or donated through Donnate, and is not involved in the actual transaction between buyers and sellers. Donnate is not a party to the transaction and is not a traditional auctioneer. The contract for the sale is directly between the buyer and seller. The buyer makes payment to the selected nonprofit on behalf of the seller as part of the donation. Shipping is not available; items can only be collected by person.

While we may provide pricing, listing, and other guidance in our Services, such guidance is solely informational, and you may decide to follow it or not. Donnate does not review users' listings or content. Donnate has no control over and does not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content, listings, or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

3. Prohibited Uses

In connection with using or accessing the Services, you will not:

post, list or upload content or items in inappropriate categories or areas on our sites;
breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
fail to pay for items purchased by you (see our Unpaid item policy);
fail to deliver items sold by you, unless you have a valid reason as set out in a Donnate policy, for example, the buyer fails to comply with the terms posted in your listing or you cannot contact the buyer;
manipulate the price of any item or interfere with any other user's listings;
post false, inaccurate, misleading, deceptive, defamatory, or libellous content;
take any action that may undermine the Feedback or rating system (please see our Feedback policies);
transfer your Donnate account (including feedback) and user ID to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
use the contact information of other users for any purpose other than in relation to a specific Donnate transaction on Donnate (which includes using this information to send marketing materials directly to Donnate users unless the user has given explicit consent to receiving these materials);
distribute viruses or any other technologies that may harm Donnate, or the interests or property of Donnate users;
use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Donnate;
bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licenced to Donnate. Some, but not all, actions that may be infringements are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Donnate or someone else;
infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
commercialise any Donnate application or any information, data, or software associated with such application, except with the prior express permission of Donnate;
harvest or otherwise collect information about users, such as email addresses, without their consent;
circumvent any technical measures used to provide our Services.

If we believe you are violating the policy on offering to buy or sell outside of Donnate, you may be subject to a range of actions, including suspension of your account.

We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

4. Abusing Donnate

We may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services; delay or remove hosted content; remove any special status associated with your account(s); remove, not display, and/or demote listings; and take technical and/or legal steps to prevent you from using our Services if:

we think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;
we think that such restrictions will improve the security of the Donnate community or reduce our or another Donnate user's exposure to financial liabilities;
we think that you are infringing the rights of third parties;
we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us;
you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.

5. Fees

Donnate is free for sellers and nonprofits. There are no listing or donation fees. The amount of the donation to the nonprofit is equal to the sales price less third-party payment processing fees. Payment processing fees may vary depending on the payment processor and their agreement with the nonprofit. However, in order to create a reliable and sustainable donation experience, we rely on contributions given through the generosity of our users.

We accept voluntary contributions (not tax-deductible) to Donnate from sellers, though these are not fees, they are entirely voluntary. Sellers can select Donnate among other nonprofits when listing items.
When a buyer commits to buying something on Donate by agreeing to an offer with a seller, they are obligated to complete the purchase by sending full payment. Failure to make full payment will result in the suspension of the buyer’s offering privileges unless the buyer pays a Default Fee.
We offer Donnate Subscription for our users. With Donnate Subscription, we verify our users and give them additional benefits, like increased offering privileges and a Donnate checkmark.

The fees we charge for using our Services are listed on our Fees on Donnate page. We may change our fees, or introduce new fees from time to time by posting the changes on the Donnate site 30 days in advance. You may close your account within 30 days of such notice being given.

6. Listing Conditions

When listing an item, you agree to comply with our listing policies, and that

you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited and restricted items policy and all other relevant policies,
your listing may not be immediately searchable by keyword or category for up to 24 hours. Donnate does not guarantee exact listing durations.
when you create a listing, it is listed until it sells or until you archive the listing. Donnate can archive listings if they have not been updated for a long time.
The content you provide complies with all of our listing policies, including the Images and text policy,
content that violates any of Donnate's policies may be modified, obfuscated or deleted at Donnate's discretion,
We may revise product data associated with listings to supplement, remove, or correct information;
We strive to create a marketplace where buyers can find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- buyers' location, search query, browsing history;
- item's location, listing format, price, history, and relevance to the user query;
- seller's history, including listing practices, seller ratings, Donnate policy compliance and feedback; and
- number of listings matching the buyer's query
to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer,
meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results,
You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. Donnate has no responsibility or liability for the safety or performance of any product that you list or sell using our Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of any product you list or sell using our Services,
Donnate advertises the Services and provides third parties with access to your listings and content for this purpose. This includes, for example, the display of listings and content of users on price comparison sites or third party advertising placements.

7. Purchase Conditions

When buying an item, you agree to comply with the rules for buyers, and that:

you are responsible for reading the full item listing before making an offer or commitment to buy;
you enter into a legally binding contract to purchase an item when you commit to buying it or if your offer is accepted.

Order Cancellations

You can cancel your order at any time. However, there are different results depending on whether you are a buyer or seller and whether the buyer has made the payment or not. For more detail, you can read our order cancellation policy.

8. Content

When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, and sublicensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works). We may, in particular, use your content, including any photographs you upload, for marketing and promotional purposes. We will also be allowed to keep a copy of any content (including photographs) you upload in our product catalogue for subsequent use for these purposes. You authorise us to exercise any and all copyright, trademark, publicity, database, or other intellectual property rights you have in or to the content in any media known now or developed in the future for these purposes. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees, or our assignees.

We try to offer reliable data, but we cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that Donnate is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not hold or attempt to hold us or our product data providers liable for inaccuracies.

The name "Donnate" and other Donnate marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Donnate in the UK and other countries. They may not be used unless expressly authorised by Donnate in writing.

9. Data protection and Privacy

You and Donnate shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will Donnate and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.
You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation "GDPR") and supplementing EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation.
You shall process personal data received from Donnate exclusively for the purpose(s) for which you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).
Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension.
As part of the Services, Donnate has access to various types of information about users, including personal data. This includes information that users submit to Donnate as part of the Services (such as contact information or item descriptions), as well as information that is generated by the provision and processing of the Services (such as ratings, sales analysis, or communication).
You will receive information that is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction) as well as aggregated information on the performance and analysis of your listings, which is partly related to the data of other users of the Services (such as the number of impressions of a listing, the conversion rate, or the return rate).
Donnate only shares information about users with third parties if this is necessary for the provision of the Services or if Donnate is legally or contractually entitled to do so.
Upon expiration of this User Agreement, we will delete the information you provided or that was generated through your use of the Services from your Donnate account. Regardless, we maintain this information after the expiration of the User Agreement if we are legally obliged or have a legitimate interest in doing so. We will generally maintain aggregated data generated using the Services (e.g., statistics about sales in a category) upon expiration of the User Agreement.
For information regarding the processing of personal data by Donnate, including sharing such data with third parties and your rights as a data subject, please see our User Privacy Notice.

10. Nonprofits

Please note that all donations made to nonprofits through Donnate are transferred to nonprofits as unrestricted grants. Donnate and none of their officers, directors, members, affiliates, licensees, or service providers monitor or control any of the nonprofits’ activities, and none shall be responsible, in any manner or form, for the use or non-use of any funds granted through Donnate to such nonprofits.

Unless otherwise expressly indicated, Donnate does not endorse and has no affiliation with any of the organisations listed on Donnate. Similarly, any information that we may provide to you related to what nonprofits your “Facebook friends” support or “like” is not intended to constitute advice, endorsement, or recommendation by Donnate of any organisation included in Donnate.

Donnate provides users with the ability to make a donation to a nonprofit selected from an aggregated list. Sometimes, we may also feature or otherwise spotlight a nonprofit apart from the aggregated list (e.g., display the logo or provide additional information about that nonprofit) (“Feature”). You acknowledge and agree that Featuring a nonprofit on Donnate does not constitute a solicitation of donations, and that Donnate does not engage in any solicitation activities on behalf of any of the organisations that may be listed or Featured on Donnate.

Furthermore, while we agree to use reasonable efforts to provide any information related to such organisations, we make no warranty about the accuracy, completeness, or adequacy of the information. Donnate has not independently verified any of the information provided by nonprofits or any other source we may use to provide information, and the sole and complete responsibility to assess, review, and verify the suitability of any nonprofits you want to support through your donation through Donnate rests entirely with you. It is your sole responsibility to review and research the nonprofits listed on Donnate and determine which, if any, you would like to donate to.

11. Donations and Payment Methods

Donnate uses third party payment platforms, such as Stripe, Inc. ("Stripe," the “Payment Processors"), to process credit and debit cards. Although the collection of your credit and debit card information takes place on Donnate, after your payment information is entered, it is securely transmitted to the chosen Payment Processors, which process all credit card and debit card donation/payment transactions and manage the routing of applicable customer information through the processing networks.

Donnate is not affiliated with any Payment Processor and we are not responsible in any way for their actions or performance (or lack thereof). Accordingly, Donnate expressly disclaims responsibility and liability for all services provided by the Payment Processors, including those related to donation/payment transactions, and you hereby agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of such services. Additionally, since each Payment Processor will have access to the information you provide them when making a donation/payment transaction, we recommend that you review their privacy policy, which can be accessed from their website.

Nonprofits are required to create a Payment Processor account of their own and link that account with ours (“Connected Account”) to receive donations. When a donation is made through Donnate, it is directed immediately to the Nonprofit’s Payment Processor account. Therefore, the donation receipt Donnate sends to a donor will represent a direct tax-deductible donation to the selected nonprofit. Once the funds have been transferred to the Connected Account's bank, Donnate is no longer in control of the funds. We recommend that you review the terms of use of the payment processor, which can be accessed from their website.

You acknowledge and agree that, for all donations/payment transactions, you will only use a valid credit or debit card or other payment method, and that for all such payment methods, you are the authorised account holder. Additionally, you also acknowledge and understand that, like any tax-deductible charitable donation, your donation may not be cancelled or returned once it has been processed. All donations/payment transactions are final and non-refundable as soon as a donation is processed via Donnate. If you have any questions regarding any payment transaction, please contact us by email at support@donnate.org.

When a donation is made, the Payment Processor may collect a variable processing fee depending on the payment method you select. Each Payment Processor may offer discounted transaction rates for non-profit organisations. The application process and eligibility requirements for the above mentioned discounted fee programmes can be checked by contacting the Payment Processors via their respective websites.

Donnate is free for nonprofits; we do not charge any platform fees on donations. To cover our expenses, you can support us by choosing Donnate in your listings or by buying a Donnate subscription. Instead of a donation receipt, you will receive an invoice (not tax-deductible) for your contributions to Donnate.

12. Liability

We try to keep Donnate and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Offer updates and other notification functionality in Donnate's Services may not occur in real time. Such functionality is subject to delays beyond Donnate's control.

We (including our parent, subsidiaries, affiliates, directors, agents, and employees) shall not be liable to you in contract, tort (including negligence), or otherwise for any losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation, or business interruption, or for any losses that are not reasonably foreseeable by us and arise, directly or indirectly, from:

your use of or your inability to use our Services;
pricing or other guidance provided by Donnate;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing, or linking to, our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any Donnate Service;
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of the Abusing Donnate section;
the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or
your need to modify practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

You accept sole responsibility for the legality of your actions under laws applicable to you and the legality of any items you list on any of our sites.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Donnate cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information that they provide to us or post on our sites.

Some jurisdictions do not allow the disclaimer of warranties or the exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to £100.

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.

13. Compensation

You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures, and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of Donnate's Services or your breach of any law or the rights of a third party.

14. Legal Disputes

If a dispute arises between you and Donnate, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. Donnate Customer Service is available free of charge for every user to submit complaints and other inquiries. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute, or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales.

15. General

Severability: If any provision of this User Agreement is held to be invalid, void, or, for any reason, unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

Assignment: We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.

Waiver: Headings are for reference purposes only and do not limit the scope or extent of such sections. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee that we will take action against all breaches of this User Agreement.

Release: If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Amendment: We may amend this User Agreement at any time by email or by posting the amended terms on www.donnate.org. All amended terms will automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them. This User Agreement may not be otherwise amended except through mutual agreement by you and a Donnate representative authorised to do so. The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Donnate site.

Termination: Without limiting Donnate's ability to refuse, modify, or terminate all or part of our Services, Donnate may also terminate this Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination.

If you are registering with Donnate as a business entity or on behalf of a business entity, you represent that you have the authority to legally bind that entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

Donnate works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please please contact us by email at support@donnate.org and we will investigate.

Entire Agreement: The User Agreement and all policies posted on our site are the entire agreement between you and Donnate and supersede all prior understandings and agreements of the parties.

Survival: The following Sections survive any termination of this User Agreement: Fees, Content, Liability, Compensation, Legal disputes and General section.

Legal notices shall be served by registered mail to Donnate Technology Limited, 71-75 Shelton St, London, WC2H 9JQ, United Kingdom. We shall send notices to you by email to the email address you provide to Donnate during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.