PocketCause - Terms and Conditions

PocketCause Terms of Use and Privacy Policy

Last Updated / Effective Date: 25/04/2016

Summary

These terms of use apply to the PocketCause app, the PocketCause.org websites, and all services therein, operated by PocketCause, Ltd (hereby referred to as "PocketCause"), an Israeli Corporation. By using the PocketCause systems, you acknowledge that you have read and agree to be bound by the following Terms of Use (the "Terms") and by our Privacy Policy available at www.PocketCause.org/p/privacy_policy, which is incorporated here by reference, and by all technical specifications, rules of operation, and security procedures, and any other terms and conditions set forth by PocketCause from time to time by posting from a link on the PocketCause systems. You agree to be bound by such revised terms as they may be posted from to time and that you are 13 years of age or older. Nothing in these Terms may be construed to create or confer any rights on third party beneficiaries. If you do not agree to any of the terms and conditions set forth herein, you may not use the PocketCause systems.

Eligibility and Registration

If you choose to install the PocketCause app, and/or create an account on the PocketCause systems, you will be asked to provide an email address and password. We will ask you to provide certain personal information, such as first name, last name, mailing address, and email address, in creating your user profile. Once created, your user profile will be viewable by other users of the app who are your Facebook friends, or other users of the app that you are following or that are following you.

You are responsible for all activities occurring under your account email address and for keeping your login and password secure. We may refuse to grant you access with a login that (i) impersonates someone else, (ii) may be protected by trademark or proprietary rights law, or (iii) is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. Any attempt to access restricted areas without authorization is prohibited. You agree that if you become aware of any unauthorized use of your password or other security breach, you will notify us immediately by emailing info@PocketCause.org.

If you create an account with us, we may send you periodic emails, system messages, and other communications to your email. You may opt out of the emails at any time by clicking the unsubscribe link in the newsletter email.

The PocketCause systems are intended solely for individuals 13 years of age or older. Any use or access of PocketCause systems from users under 13 is strictly prohibited. We will terminate the membership of any such users and will work in good faith to remove any content they may have contributed to the PocketCause systems.

Registered Charities and Administrative Access

The PocketCause systems contain pages featuring hundreds of thousands of charities and other qualifying tax-exempt organizations registered in our database ("Registered Charities") to receive recommended donations through our US, Canadian, British, or Israeli tax-deductible partner.

The existence of these pages on the PocketCause systems do not constitute as solicitation of donations. If you are affiliated with one of these charities, you may register to claim Administrative Access to the page featuring your organization by registering here: http://www.PocketCause.org/fornonprofits. Your user account with Administrative Access will allow you to function as the account admin of the Registered Charity, and thereby allowing you to update content on the Registered Charity page, send messages and updates to your followers and donors, access donation and donor information, and request to receive funds directly from PocketCause, bypassing our national partner.

By claiming Administrative Access for a Registered Charity, you agree that:

* You have authority to represent the Registered Charity in completing this registration

* You will provide true, accurate, and complete information through the PocketCause systems.

* You are solely liable and responsible for all actions taken via your user account.

* You are either an employee or volunteer of the Registered Charity, and are not an independent contractor receiving any form of compensation for these fundraising activities conducted on the PocketCause systems.

* You do not have authority to act on behalf of, speak for, or obligate PocketCause in any manner, except to use authorized PocketCause systems.

Donating on PocketCause

Tax-Deductible Contributions to Charitable Causes

All donations made on the PocketCause systems are made to Registered Charities.

Donations made on the PocketCause systems in support of Registered Charities, Projects of Registered Charities, or Charity Fundraisers (collectively, "Charitable Causes") are complete and final charitable gifts and are not refundable, unless the donation has been made in error or in an unauthorized manner by the donor.

Registered Charities may request that all donations made to them through the PocketCause systems are delivered directly to their bank account, by means of the Registered Charity's merchant account. In all other cases, donations are made to one of our National Partners:

(a) In the U.S. - America Gives, Inc., a tax-exempt public charity described in Section 501(c)(3) of the Internal Revenue Code, which supports eligible charitable organizations in the US.

(b) In Canada - Canada Charity Partners, a Canadian charity which supports other Canadian charitable organizations;

In donating to a charitable cause, you are recommending that our National Partner make use of your donation towards the support of said Charitable Cause. Our National Partner makes every reasonable effort to respect the wishes of its donors. However, to comply with federal and international tax laws, our National Partner 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 our National Partner's criteria or otherwise does not enable or accept payment (reasons for this include issues like: they don't or cannot accept donations, are now longer recognized by the national authority as a public charity, or are not in good standing with federal or state regulators, etc. National Partner will return to the donor 100% of the donation.

It is our National Partner's normal practice to regrant 100% of the donation, minus any credit card or banking fees, to the Charitable Causes it supports. PocketCause Also charges a fee, as details in the Fees section of the PocketCause for Nonprofits website.

Funds are sent by wire transfer or by check to the Registered Charities twice a month, as detailed in the Fund Transfers section of the PocketCause for Nonprofits website.

Charged Back or Refunded Donations

Nonprofits may request that certain donations made to them be refunded; the donation request can be performed through their PocketCause.org account. Donors may also directly request that the donation that they made be refunded; In the event that the donation has yet to be transferred to the non-profit organization that it was allocated to, this request will be approved.

A Charge Back transaction occurs when the credit card holder files a dispute with their bank stating that either they did not authorize or recognize the transaction on their credit card or bank statement. PocketCause staff will provide supporting documentation in an effort to resolve the Charge Back case in favor of the Charity. However, if PocketCause is unable to resolve such cases and the case is referred to pre-arbitration, it will accept the Charge Back transaction. Further, PocketCause will, under its variance power authority, not regrant any funds to the recommended organization that has been charged back. If the Charge Back funds have already been regranted to the advised organization, PocketCause will either require the organization to return the funds received, or will deduct these funds from future grants.

A Gross Error transaction occurs when then credit cardholder / donor makes a transaction for an amount grossly different than the intended amount. For example, a donor makes a $10,000.00 donation instead of $10.00 donation. A Gross Error transaction DOES NOT include recommendations: made to the wrong organization or fundraising page, containing an incorrect name, dedication, or designation, or any other non-financial reason. PocketCause retains sole authority to determine the exact criteria of a Gross Error transaction. A Gross Error transaction refund will only be considered if PocketCause has not yet regranted the funds to the designated organization (see "Tax-Deductible Contributions to Charitable Causes" section for more information on regrants). Once funds are regranted, the donor should contact the advised organization in order to attempt to correct the error.

Storing Credit Card details

Users may store their credit card, debit card, PayPal, or bank account information through the PocketCause app (hereby: "payment details"). These details are not stored in the app, but in a PCI-compliant secured server infrastructure.

Security and Fraud Controls

PocketCause is responsible for protecting the security of Payment Data in our possession and will maintain commercially reasonable administrative, technical, and physical procedures to protect all the personal information and payment details regarding you and your customers that is stored in our servers from unauthorized access and accidental loss or modification. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information or payment details for improper purposes. You acknowledge that you provide this personal information and payment details regarding you and your customers at your own risk. We are not liable for and do not insure against losses to you or your customers resulting from use of lost or stolen data with PocketCause (including but not limited to losses arising from the use of lost or stolen credit cards to make donations, or those caused by a compromise of your login credentials).

Fees

Fees charged by PocketCause are listed on the PocketCause for Nonprofits website and may be changed from time to time.

Credit Card Anti-Laundering Policy

Only the authorized credit card holder may donate on the PocketCause systems. A third party may not use the donor's card information or enter donations on behalf of the donor. This practice is known as "credit card laundering" and violates Visa and MasterCard usage agreements. PocketCause may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the PocketCause systems, for the authorized credit card holder to utilize in order to make a donation.

No Goods and Services in Exchange for Donations to Charitable Causes

American, Canadian, British, and Israeli law prohibits charities from promising or providing goods and services (e.g., tickets to events or raffles) in exchange for making a donation. As such, PocketCause may only accept pure contributions and not part gift and part sale transactions. In the event that you wish to offer goods and services to your donors, we can facilitate the creation and distribution of tax-receipts that take this into account.

Ultimate Responsibility for Donor Expressions of Preference about Use of Funds

The PocketCause systems provide an opportunity for donors to indicate preferences for specific use of the funds that they donate in fields provided on the donation form. If the donor expresses such a preference, it will be noted in the donation report made available to the applicable Registered Charity. However, indication of such a preference does not guarantee donors that funds will be used in a manner consistent with any such preference, and PocketCause is not 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.

Donor Information

Privacy and security of donor information is of vital importance to us. When you contribute to any cause on the PocketCause systems, you grant us permission to access your donation records at any time and to use the information you provide to process your donation. PocketCause will make available to the Registered Charity and/or Fundraiser online reports identifying, where available, your name, address, email, and transaction accounting details.

If you are a Registered Charity, donor information will be shared with you via a report accessible on your Admin Account on the PocketCause system unless the donor opts out and chooses to remain anonymous at the time of donation, in which case we will honor the donor's request for anonymity and not share the donor's identity.

If applicable, donor information will also be shared with organizations administering giving events in which the donor participates, unless the donor indicates at the time of making your donation that they wish to remain anonymous.

Conduct and Content on PocketCause

Website Content and Intellectual Property

Website Content

The intellectual property rights, including but not limited to copyright, trademark, patent, trade dress, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the PocketCause systems and all Tools, and that is used by PocketCause in conjunction with the services it is providing (other than User Content as defined in Section 15 below), including but not limited to, information, text, data, photographs, audio, video, images, graphics, documents, logos, and other content, associated technology and software, and the look and feel of the PocketCause app and systems (collectively, "Systems Content"), are owned by PocketCause or its licensors. Except as expressly permitted in these Terms, you agree not to copy, alter, frame, distribute, publish, sell, prepare derivative works based on, or commercially exploit the Tools and/or any Website Content, without express written permission from PocketCause or its licensors.

Registered Charity Content

The PocketCause systems allows you to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, "Registered Charity Content"). PocketCause permits you to use the PocketCause systems, the Tools, and the services provided by PocketCause, subject to your acknowledging and agreeing to the following conditions:

* Registered Charity Content posted by you and other users of the PocketCause systems does not necessarily reflect the views of PocketCause.

* PocketCause may, but is not obligated to, remove with or without prior notice to you any Registered Charity Content that it determines in its sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, unlawful, obscene, infringing or in violation of any Party's intellectual property or other proprietary rights, or in violation of this Agreement. PocketCause's failure to block or remove any Registered Charity Content, however, is not a warranty, endorsement, representation, or guarantee regarding such Registered Charity Content.

* Once registered for the PocketCause systems, you have sole responsibility for your Registered Charity Content and the consequences of posting Registered Charity Content to the PocketCause systems.

* You represent and warrant that your Registered Charity Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party.

Trademarks

Registered Charity License to PocketCause

In creating and maintaining an account on the PocketCause systems, you agree to grant an unlimited, non-exclusive, royalty-free license to PocketCause to display the trademarks, trade names, and logos ("Registered Charity Trademarks") that you upload to PocketCause systems for the purpose of highlighting your work and soliciting contributions. PocketCause acknowledges your ownership of the Registered Charity Trademarks, and all use of the Registered Charity Trademarks by PocketCause inures to your benefit. PocketCause may not incorporate any Registered Charity Trademarks within any trademark, trade name, or domain name created by PocketCause.

Appropriate User Conduct

The services you are receiving from PocketCause are provided to promote grassroots generosity and philanthropic charity. No one may use these services or the PocketCause systems for any commercial purpose, or for any other purpose without our prior written consent.

You may not use the services provided by PocketCause or the PocketCause systems for any illegal or unauthorized purpose. While using the PocketCause systems, you must comply with all applicable domestic and international laws, statutes, ordinances, and regulations.

Appropriate User Content

The PocketCause systems may allow you and other users to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, "User Content"). PocketCause permits you to use the PocketCause systems, the Tools, and the services provided by PocketCause subject to your acknowledging and agreeing to the following conditions:

* User Content posted by yourself and other users of the PocketCause systems does not necessarily reflect our views.

* We will seek to remove or edit, with or without notice to you, any User Content that we deem to be unlawful, obscene, or in violation of these Terms. We may, but are not obligated to, remove any other User Content that we determine in our sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringe or violate any party's intellectual property or other proprietary rights. Our failure to block or remove any User Content, however, is not a warranty, endorsement, representation, or guarantee regarding such User Content.

* You have sole responsibility for your User Content and the consequences of posting User Content to the PocketCause systems. You bear sole responsibility for the consequences of posting User Content.

* You agree that the User Content will accurately describe the collection and intended use of contributions made via the PocketCause systems.

* You represent and warrant that your User Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party, including but not limited to that of Registered Charities on the PocketCause systems

You agree not to:

* advertise or sell any goods or service. This includes your agreeing not to upload to, post, share, or otherwise publish through the PocketCause systems any content that is commercial in nature, including but not limited to promotional material, advertising, or solicitation for goods or services (other than materials that directly further your charitable fundraising);

* operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;

* upload, post or distribute any User Content which, in PocketCause's sole determination, is false, indecent, defamatory, disparaging to the reputation of any individual or business, obscene, offensive, threatening, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, denigrating, insensitive, pornographic or sexually oriented, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, and/or violate the rights of any party or any law;

You agree not to engage in any conduct that:

* is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or offensive descriptions of sexual matters;

* encourages conduct that would constitute a criminal offense or that gives rise to civil liability;

* violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;

* victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

* impersonates any person, business or entity, including PocketCause, National Partners, or its employees and agents;

* violates these Terms or any other policy posted on the PocketCause systems; or

* interferes with others' use of the PocketCause systems or the services provided by PocketCause

By posting, uploading or otherwise sharing your User Content on the PocketCause systems, you:

* grant to PocketCause a perpetual, non-exclusive, royalty-free, license to use the User Content for all purposes in furtherance of its purpose and mission, including but not limited to: displaying on the PocketCause systems, sublicensing to a Featured Charity, creating derivative works based on the User Content, and/or other uses for promoting a Featured Charity;

* permit, but not require, PocketCause to identify you as the provider of such User Content;

* represent and warrant that you have all necessary rights to grant the foregoing permissions; and

* grant to PocketCause and other users of the PocketCause systems the right to access, display, view, store, and/or download such User Content, and post or forward such User Content to others.

You agree that PocketCause has no liability or responsibility for the storage or deletion of any User Content that you submit or post, or emails you send through the PocketCause systems.

You also agree not to upload, distribute, or otherwise publish any User Content to or through the PocketCause systems that:

* contain any virus, spyware, worm, Trojan horse, or other computer malware, or post any other materials that may damage the operation of a computer;

* uses any means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the PocketCause systems;

* constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement, or the like;

* promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters or the like;

* contain any private, personally identifiable, financial, confidential, or proprietary information of another individual or entity without their written express permission.

Additional Legal Provisions

Disclaimer of Warranties

The PocketCause systems and Tools are provided to you "as is" without warranty of any kind. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of any systems Content or Tools, or other information or materials displayed on the PocketCause systems. We also expressly disclaim to the fullest extent permitted by law any and all responsibility and liability for the conduct of any charity, and any donor. PocketCause hereby disclaims all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties. PocketCause is not engaged in the provision of legal, tax, or other professional advice or services. If you are in need of such services, you should contact the appropriate licensed and qualified professional.

Liability Limitation

YOU AGREE THAT NEITHER POCKETCAUSE NOR ANY OF ITS AFFILIATES WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO: THE POCKETCAUSE SYSTEMS OR THE SERVICES PROVIDED BY POCKETCAUSE (AND YOUR USE OF, OR INABILITY TO USE, THE POCKETCAUSE SYSTEMS OR SERVICES). ANY CLAIMS ARISING FROM THE POCKETCAUSE SYSTEMS MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH LIABILITY AROSE.

Hold Harmless and Indemnity

Your use of the services provided by PocketCause is entirely at your own risk. You will hold harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the services provided by PocketCause, or the PocketCause systems, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

Links to Other Websites and Content

We may include links to third-party websites or services, and may link you automatically to sponsor or third-party websites or services. These links do not mean that we review or endorse these third-party sites or services. We provide such links when we believe such links may be helpful, but we do not monitor or accept any responsibility for such sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate, so you proceed to these links at your risk and responsibility. You acknowledge that we are not responsible or liable for any content, advertising, products, services, or other materials on these third-party sites. Any dealings that you have with advertisers or other third-parties who may be found on or linked from the PocketCause systems are between you and the advertiser, for which you assume full responsibility and you acknowledge that we are not liable for any loss or claim you may have against an advertiser.

Changes to Services, Website, and the Terms of Use

We reserve the right to modify or terminate the services you are receiving from PocketCause or the PocketCause systems for any reason, and without notice, without liability to you or any third party. We also reserve the right to modify these Terms with concurrent notice on the PocketCause systems. You are responsible for regularly reviewing these Terms so that you will be apprised of any changes. Your continued use of the PocketCause systems following any changes to these Terms is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must cease use of the systems.

Notices

PocketCause may provide you with notices regarding the services provided by PocketCause, the PocketCause systems, or these Terms by regular mail, email, or postings to the PocketCause systems.

Term and Termination

These Terms apply to your use of the services provided by PocketCause and the PocketCause systems at all times. PocketCause reserves the right to change the PocketCause systems without notice to you, at any time. You may terminate under these Terms at any time by emailing info@pocketcause.org, or your membership may be terminated by us at any time and for any reason. Upon termination or expiration of these Terms, your obligations and our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive, but your right to use the PocketCause systems immediately ceases.

PocketCause reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate these Terms of Use, and/or your access to all or a portion of the PocketCause systems and/or remove any registration information or User Content from the PocketCause systems, for any reason (including if you breach of any of the provisions of these Terms of Use). PocketCause also reserves the right to change the PocketCause systems without notice to you, at any time.

Consequences of Termination for Registered Charities

Within four (4) weeks after termination of these Terms of Use, PocketCause will cease promoting contributions to your organization; remove your profile, and all information relating to you from the PocketCause systems; provide a final account statement; and regrant any remaining balance of contributions previously advised to your benefit.

Miscellaneous

These Terms constitute the entire agreement between the parties with respect to all of the matters herein and supersedes all other agreements, understandings, and discussions of the parties. If any provision of these Terms shall be held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these terms and conditions shall continue in full force and effect. No waiver or forbearance to seek a remedy by any party of any breach by any other party of any of its covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation or agreement.

You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without PocketCause's prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These terms and conditions are binding upon the parties' respective successors and permitted assigns. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.

The Parties shall act as independent contractors, and nothing contained in these Terms shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as agents, partners, joint ventures, co-owners, employer/employee franchisor/franchisee, or otherwise as participants in a joint or common undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party for any purposes whatsoever.

These Terms shall be governed by the laws of the State of Israel without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the PocketCause systems shall be litigated or otherwise heard in the courts located in the State in Israel and the parties hereto hereby consent to the exclusive jurisdiction of such courts.

PocketCause may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason.

Contact

For questions about these Terms of Use please contact us at: info@PocketCause.org