Terms & Conditions Governing Your Use of this Website
LAST UPDATED – 9/19/2023
Registration Responsibilities: To utilize certain features of our Services, you may need to register with us. If you decide to register, ensure that the information you provide about yourself or your Charity is accurate, up-to-date, and complete, as prompted during the registration process. Organizers should register with their authentic identities or those of authorized representatives of Charities. This includes the actual name, address, and any media representing the Organizer or the Fundraiser’s Beneficiary. Ensure that the registration details remain current.
We are concerned about the safety and wellbeing of all our Customers and their Users, but in particular children. CharityAuctionsToday requires that all Users must be at least 18 years of age. Parents shall not allow their children to use the Service and should take care to supervise their children. We remind you that the Service is designed for use only by legal adults. As the legal guardians, parents are reminded that it is their responsibility to supervise children and their activities. Customer shall not permit any alcohol or controlled substance to be sold to a minor (as may be defined in the applicable jurisdiction) through use of the Service.
Should we or our Payment Processors find any discrepancies in the details you’ve provided, or if they contradict our Terms of Service or their service terms, we may suspend or terminate your access to our Services. If violations are detected, fines imposed by relevant bodies will be your responsibility.
Customer Use and Conduct: Customer shall not to use the Service:
- for any unlawful purpose;
- in any way so that the Service is damaged;
- in any way that may damage or disrupt another User’s computer;
- for the transmission, uploading or posting of any computer viruses or any harmful or deleterious files or programs;
- to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libelous or of an obscene or menacing character;
- as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;
- in a manner which constitutes a violation or infringement of any person, firm or company’s rights (including, but not limited to, rights of copyright or confidentiality);
- to transmit any material for the commercial purposes of publicity, promotion and/or advertising without our prior written consent of Vendor;
- to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating a CharityAuctionsToday.com employee, manager, host or another user; or
- to transmit, upload, post or otherwise make available any solicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any duplicative or unsolicited messages.
- charity shall have full discretion to determine how all Donations will be used.
Content: Customer acknowledges that Vendor does not control the content posted by Customer or Users through the Service and as such, Vendor does not guarantee the accuracy, integrity or quality of such content. By using the Service, Customer acknowledges that it may be exposed to content that is offensive or objectionable. Under no circumstances will Vendor be liable in any way for any content or any damage incurred as a result of Customer accessing any content posted or otherwise transmitted via the Service. Customer acknowledges that Vendor does not monitor or preview any content posted by Customer or Users through the Service, and that Vendor shall have the right (but not the obligation) to refuse access to or remove any content made available via the Service.
a) You acknowledge that CharityAuctionsToday is not responsible for the content of auction listings, and you agree to indemnify and hold CharityAuctionsToday harmless from any claims arising from inaccurate or misleading auction content.
Customer Must Have Internet Access: In order to use the Service, Customer must have or must obtain access to the World Wide Web, either directly or through devices that access Web-based Content. Customer must also provide all equipment necessary to make (and maintain) such connection to the World Wide Web and the Service.
Service Extensions or Updates: Customer further agrees that, unless explicitly stated otherwise, any new features that augment or enhance the Service, and or any new service subsequently purchased by Customer pursuant to an amendment accepted by Vendor referencing this Agreement will be subject to this Agreement.
a) CharityAuctionsToday provides an online auction software platform to facilitate auctions for nonprofits and charities. This platform allows users to create, manage, and participate in public and private auctions, as well as to handle donation payments and payouts.
Passwords, Access, and Notification: Customer will provide and assign unique password and user names to each account created. Customer acknowledges and agrees that Customer is prohibited from sharing passwords and or user names with unauthorized users. Customer will be responsible for the confidentiality and use of Customer’s (including its employees’) passwords and user names. Customer will also be responsible for all Electronic Communications, including those containing business information, account registration, account holder information, financial information, Customer Data, and all other data of any kind contained within emails or otherwise entered electronically through the Service or under Customer’s account. Vendor will act as though any Electronic Communications it receives under Customer’s passwords, User name, and/or account number will have been sent by Customer. Customer agrees to notify Vendor if Customer becomes aware of any loss or theft or unauthorized use of any of Customer’s passwords, user names, and/or account number. The foregoing shall also apply to any Purchase Order Forms submitted by the Customer for further use of the Service.
Transmission of Data: Customer understands that the technical processing and transmission of Customer’s Electronic Communications is fundamentally necessary to Customer’s use of the Service. Customer expressly consents to Vendor’s interception and storage of Electronic Communications and/or Customer Data, and Customer acknowledges and understands that Customer’s Electronic Communications will involve transmission over the internet, and over various networks, only part of which may be owned and/or operated by Vendor. Customer acknowledges and understands that changes to Customer’s Electronic Communications may occur in order to conform and adapt such data to the technical requirements of connecting networks or devices. Customer further understands that Electronic Communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. Customer agrees that Vendor is not responsible for any Electronic Communications and/or Customer Data which are lost, altered, intercepted or stored without authorizations during the transmission of any data whatsoever across networks not owned and/or operated by Vendor.
Confidential Information: Each party may have access to information that is confidential to the other party (“Confidential Information”). For purposes of this Agreement, Confidential Information shall include any information that is clearly identified in writing at the time of disclosure as confidential as well as any information that, based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential. Customer’s Confidential Information shall include, but not be limited to, Customer Data. A party’s Confidential Information shall not include information that (i) is or becomes a part of the public domain through no act or omission of the other party; (ii) was in the other party’s lawful possession prior to the disclosure without any obligation of confidentiality and had not been obtained by the other party either directly or indirectly from the disclosing party; (iii) is lawfully disclosed to the other party by a third party without restriction on disclosure; (iv) is independently developed by the other party without use of or reference to the other party’s Confidential Information, as established by written records. The parties agree to use commercially reasonable efforts not to make each other’s Confidential Information available in any form to any third party. Notwithstanding the foregoing, Customer acknowledges and agrees that Vendor may disclose Customer’s Confidential Information to its Third Party Vendors solely to the extent necessary to provide products or services under this Agreement. This Section will not be construed to prohibit disclosure of Confidential Information to the extent that such disclosure is required by law or valid order of a court or other governmental authority; provided, however, that a party who has been subpoenaed or otherwise compelled by a valid law or court order to disclose Confidential Information (the “Responding Party”) shall first have given sufficient and prompt written notice to the other party of the receipt of any subpoena or other request for such disclosure, so as to permit such party an opportunity to obtain a protective order or take other appropriate action. The Responding Party will cooperate in the other party’s efforts to obtain a protective order or other reasonable assurance that confidential treatment will be afforded the Confidential Information. If the Responding Party is compelled as a matter of law to disclose the Confidential Information, it may disclose to the party compelling the disclosure only that part of the Confidential Information as is required by law to be disclosed.
Notwithstanding anything to the contrary in this Agreement, Content is not included in Confidential Information as defined above. To the extent Vendor has any access to Content in the course of providing the Services, Vendor’s entire obligation to keep Content confidential is stated in this Section below. Vendor shall not, intentionally (i) access Customer’s Content or (ii) disclose Customer’s Content to any third party, except to the extent: (a) Customer makes its Content publicly available, (b) as necessary for Vendor to provide, or obtain third-party supplier support for, the Services or to provide information requested by Customer, or (c) as specifically authorized by Customer in writing. Vendor’s obligation to protect Content from unauthorized use, access or disclosure is: (i) to provide the Security Services specifically set forth in this Agreement and (ii) maintain and enforce the then-current standard Vendor security policies and standards applicable to the Services as practiced at the service locations from which Vendor is providing the Services to Customer.
The obligations in this Section shall not apply to the recipient of Confidential Information and/or Vendor with respect to Content to the extent disclosure of Confidential Information or Content is required to comply with laws or respond to requests by a regulatory or judicial body and/or as otherwise required for legal process. In the event that any such disclosure is required, the recipient, and/or Vendor with respect to Content, reserves the right to charge the other party on a time-and-materials basis for recipient’s/Vendor’s reasonable efforts related to its compliance and response, including, if applicable, reasonable attorney’s fees.
Intellectual Property: All content provided through the Service, including but not limited to software, graphics, logos, and text, is the property of CharityAuctionsToday and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works, publicly display, or otherwise use any content from the Service without explicit written permission from CharityAuctionsToday.
Termination: CharityAuctionsToday reserves the right to terminate or suspend your account, at its sole discretion, if it believes you have violated these Terms or engaged in inappropriate behavior.
Limitation of Liability: CharityAuctionsToday shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use of the Service.
Changes to Terms: CharityAuctionsToday reserves the right to modify or revise these Terms at any time. Your continued use of the Service after any changes signifies your acceptance of the modified Terms.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of DuPage County, Illinois.
Permission for Promotional Use: By using the Service, you grant CharityAuctionsToday permission to use your organization’s name, logo, and success stories for promotional purposes, including but not limited to marketing materials, social media, and the CharityAuctionsToday website. CharityAuctionsToday will seek to use such information in a respectful and accurate manner, with the intent to showcase the positive impact of our Service on your organization and the causes you support.
Transaction Fee: While there are no fees to initiate or manage an auction on CharityAuctionsToday, it’s important to note that each donation is subject to a transaction fee, which encompasses both credit and debit card charges (hereinafter and throughout the website termed as “Transaction Fee”). For further details about our platform and the relevant Transaction Fee, please consult the CharityAuctionsToday Pricing page.