WHEREAS, GivingCart Foundation, a 501(c)(3) nonprofit corporation, offers an online purchasing service, referred to as a "charity mall," where rebates from affiliated marketer programs go to support the Catholic Church in the United States, and
WHEREAS, the user (an individual, organization, or church), hereinafter, Member, desires to accept the offer and use the service;
THEREFORE, GivingCart Foundation and User enter into the following online Membership Agreement:
By using the GivingCart Foundation website, the user becomes a Member and accepts this Membership Agreement. This is so even if the Member does not make any purchases during any particular use of the website.
Member agrees to donate any rebates (hereinafter, "funds") to the GivingCart Foundation. The GivingCart Foundation will distribute the funds to Catholic dioceses, Catholic parishes and schools, and other Catholic organizations that are based in the United States and have signed up with the GivingCart Foundation to receive support. Member may request that their donated rebates go to a particular Catholic organization that has signed up for support. Unless Member requests anonymity, GivingCart Foundation may provide the dollar amount, name and address of Member, to the organization for their records. The GivingCart Foundation will honor such requests in every possible instance. However, Member understands that for the funds to be tax deductible under the Internal Revenue Code, Member must relinquish all control over the funds. Member hereby transfers all control over the funds to the GivingCart Foundation. While the GivingCart Foundation will endeavor to honor Member’s request, Member understands and agrees that the GivingCart Foundation is not legally required to fulfill their requests. The GivingCart Foundation will email "thank you" acknowledgements for donated rebates to Member; it is the Member’s responsibility to keep the "thank you" acknowledgements for their tax records and charitable tax deductions.
The GivingCart Foundation develops and maintains, owns and operates, the website, and controls the donated funds. The cost of web site development and maintenance is paid for by the GivingCart Foundation. The GivingCart Foundation incurs additional costs through a separate but affiliated entity which develops and maintains the relationships with the various online merchants. (This is referred to as an "affiliated-marketer program.") In order to cover its costs, and provide for future development, the GivingCart Foundation must charge a reasonable fee. The current fee is 20 percent of any rebate. Through contractual relationship with its affiliated entity, the GivingCart Foundation requires commercially reasonable best efforts to present various online merchants to Member. Member understands that only purchases through the GivingCart Foundation website earn rebates (if any) from online merchants for the GivingCart Foundation. Also, Member understands and agrees that Member’s donated funds equal any rebates minus the 20 percent fee for service.
The terms and conditions of this online Membership Agreement are subject to change at any time. Changes will occur online. When a change occurs, Member will be required to accept a new online Membership Agreement. The Membership Agreement is from year to year, cancelable upon 30 days notice by either party. Member agrees to provide a valid e-mail address in order to receive emails from the GivingCart Foundation.
Except as stated above, the GivingCart Foundation will not disclose personal information about Member to any third party without Member’s permission, except as may be required by law or action of a court of competent jurisdiction.
The GivingCart Foundation may provide notice to Member by posting information on the GivingCart Foundation website or via e-mail to Member. Member may provide notice to the GivingCart Foundation by sending an email to membership@givingcart.com or a similar email address provided at the GivingCart website.
Member understands that the GivingCart Foundation reserves the right to determine which organizations receive the donated funds. Only Catholic organizations that qualify as exempt organizations under section 501(c)(3) of the Internal Revenue Code are eligible to receive funds from the GivingCart Foundation. Additionally, Catholic organizations (e.g., parishes, dioceses, schools, missions, and other apostolates) must be in good standing with the Catholic Church. Finally, they must register online with the GivingCart Foundation, and be accepted by the GivingCart Foundation, in order to receive any funds. If a Catholic Diocese "endorses" the GivingCart Foundation, then the GivingCart Foundation may arrange for 10% of all funds donated to parishes in the Diocese to go back to the Diocese. Member agrees that the GivingCart Foundation, in its sole discretion, decides which Catholic organizations qualify to receive donated funds.
Member understands and agrees that the GivingCart Foundation’s online service enables Member to purchase goods and services online with any rebates being donated to support the Catholic Church and its organizations. Additionally, Member agrees to use the GivingCart Foundation website in good faith, and not to engage in online activity harmful to the GivingCart Foundation’s website. Membership will be terminated immediately without notice, at the sole discretion of the GivingCart Foundation, if Member attempts (1) to use GivingCart Foundation through any means other than through the valid online sign-up pages; (2) to disrupt GivingCart Foundation or circumvent the terms and conditions of this Membership Agreement; (3) to use automated means to create entries, rebates, registrations, etc; (4) to register on behalf of another person; (5) to provide false or unverifiable information to GivingCart Foundation; or (6) to sign up multiple times.
Member affirms (if an individual) he or she is 18 years of age or older.
The GivingCart Foundation is a 501(c)(3) public charity that supports the Catholic Church and its organizations. Rebates generated through online purchases at the GivingCart Foundation website are tax deductible by Member. However, tax deductibility is limited depending on Member’s income and other qualifications. The GivingCart Foundation is not qualified to offer tax advice on the deductibility of any donations by Member. Member should seek the advice of a qualified accountant or tax professional.