Last Revised December 2017
This Addendum is in addition to any Service Agreement already in place between you or your organization and Snowflake Technologies, Inc., d/b/a "LivingTree", a Delaware corporation.
LivingTree provides its Give service (described below) to you through its website and mobile applications (the "Give Service") and other related services (collectively, such services, including any new features and applications, and the Give Service, the "Platform"), subject to the following Give Addendum (as amended from time to time, the "Give Addendum"). We reserve the right, at our sole discretion, to change or modify portions of the Give Addendum at any time. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. Your continued use of the Give Services after the date any such changes become effective constitutes your acceptance of the new Give Addendum. If you do not wish to accept the new Give Addendum, you may discontinue your use of the Give Services.
We encourage you to review the Fees section of this Give Addendum.
Give Services Description: The Give Service is offered as additional functionality to users of the Platform. Among other features, the Give Service is designed to allow an approved user (a "Campaign Owner") to post a Give campaign ("Campaign") to the Platform to accept monetary donations ("Donations") from those registered or non-registered users wishing to contribute funds to the Campaign ("Donors"). For purposes hereof, the term "Campaign Owner" shall also be deemed to include any individual(s) designated as a beneficiary of a Campaign. Although there are no fees to set up a Campaign, a percentage of each Donation will be charged as fees for our Services. Please see the Fees section for details.
The Give Services are a platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Give Services are an administrative platform only. LivingTree facilitates the Donation transaction between Campaign Owners and Donors, but is not a party to any agreement between a Campaign Owner and a Donor, or between any user and a Charity. LivingTree is not a broker, agent, financial institution, creditor or insurer for any user. LivingTree has no control over the conduct of, or any information provided by, a Campaign Owner, and LivingTree hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
LivingTree does not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign or Campaign Owner, and we make no guarantee, explicit or implied, that any information provided through the Platform by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any Give purpose.
We do not and cannot verify the information that Campaign Owners supply, nor do we guarantee that the Donations will be used in accordance with any Give purpose prescribed by a Campaign Owner. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Campaign Owner, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and this Give Addendum, we take possible fraudulent activity and the misuse of funds raised very seriously. If we have reason to believe that a Campaign Owner is not raising or using the funds for their stated purpose, we will investigate and take corrective action if we deem necessary.
You, as a Campaign Owner, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post; and (iii) you will comply with your jurisdictionÕs applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project. You authorize LivingTree, and LivingTree reserves the right to, provide information relating to your Campaign with donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation.
Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Payment Card Industry Data Security Standard: The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, LivingTree is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment.
Fees: LivingTree does not charge a Campaign Owner any upfront fees for initiating a Campaign. LivingTree retains a flat percentage of each Donation contributed to a Campaign (collectively, "LivingTree Give Fees"). An additional payment processing fee is also deducted from each Donation (the "Payment Processing Fee," and together with the LivingTree Give Fees and any other imposed taxes or fees, the "Fees"). Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms and conditions set forth by our payment partner Stripe and their terms of service, in addition to these Give Addendum.
Please see applicable Fees at https://www.livingtree.com/fundraising_fees/ which also includes the respective terms and conditions of our payment partners.
Fees are deducted directly from each Donation, and will not be reflected in the amount which a Campaign Owner can withdraw from the Campaign. We reserve the right to change LivingTree's Fees from time to time. If LivingTree does change its Fees, LivingTree will provide advance notice of the change on the Platform or in email to you, at LivingTree's option. Your continued use of the Give Services after the Fee change becomes effective constitutes your acceptance of the updated Fees. Unless expressly stated otherwise, all Fees referred to in these Terms of Service are exclusive of Value Added Tax, Goods and Services Tax and any other taxes, where applicable.
Account Holds: From time to time, LivingTree may place a hold on a Campaign account (a "Hold"), restricting Withdrawals (defined herein) by a Campaign Owner. Some of the reasons that we may place a Hold on a Campaign Account include the following: (i) if we have reason to believe (in our sole discretion) that information provided by a Campaign Owner is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available should be provided directly to a person other than the Campaign Owner (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Owner), (iii) if we have reason to believe that a Campaign or Campaign Owner has violated this Give Addendum, or (iv) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact us at support@LivingTree.com.
Withdrawing Donations from a Campaign: You, as a Campaign Owner (or, as applicable, the beneficiary designated by the Campaign), may withdraw Donations to your Campaign at any time up to the full amount of all Donations credited to your Campaign, less Fees and any previously withdrawn amounts ("Withdrawals") and subject to any Holds that we or our payment partners may place on your Campaign account. A Campaign Owner may withdraw Donations by electronic wire transfer to your bank account or by receipt of a paper check in certain cases. While LivingTree strives to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and LivingTree does not guarantee that Withdrawals will be available to you within any specific time frame, and LivingTree expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Campaign Owner, are responsible for ensuring that the information you provide to LivingTree in order to process a Withdrawal, including your bank account information, is accurate and up to date.