Welcome to Bonzy.
The Bonzy giving platform has been developed by Bonzy, Inc. ("Bonzy”, or sometimes referred to as “our” or “us) providing an opportunity for individuals and companies to support funding needs in their schools and in their communities. Bonzy believes that people will want to help and to Be Part of the Solution.
The Bonzy, Inc. platform provides an online marketplace where teachers, coaches and non-profit organizations can list their needs and receive funding. Bonzy, Inc. provides technology and administrative support to Bonzy Charities, Inc. through a licensing agreement. Bonzy Charities, Inc. is registered with the IRS as a 501(c)(3).
Bonzy Charities, Inc. receives the donations from Donors and issues donation receipts upon verification that the monies have been received. Donors select registered funding needs on their mobile phones and request Bonzy Charities, Inc. fund those needs. Donors can view the funding needs that they have supported in their personalized Giving Portfolios.
Bonzy has automated the giving process. When the school district or 501(c)(3) is ready to receive funding, Bonzy is notified through the platform and the funds are electronically transferred to their verified checking account.
Bonzy is committed to support our Donors, your schools and non-profit organizations that support your communities. We are pleased that your school district or 501(c)(3) would like to register with Bonzy as an Eligible Funding Recipient (“Recipient”) have chosen to review our Terms of Use so that Recipient can understand and take advantage of how Bonzy is leveraging technology to allow Recipient to Be Part of the Solution. In addition to inclusion in Bonzy’s database of Eligible Funding Needs (the “Eligible Funding Need Database”) and having the opportunity to receive funding via the Bonzy Giving Platform, Eligible Funding Recipients that have agreed to these Terms of Use and onboarded with Bonzy receive additional tools and benefits as well, including access to the Bonzy Giving Platform, donation reports, and the Bonzy support team.
Certification Program
To help match Recipients with funding from Bonzy Charities, Inc., we have developed a self-certification form that should be completed to become a Recipient as part of the Bonzy Giving Portal onboarding process. The self- certification form is a short click-through agreement that provides our Donors with information about your school district or non-profit to help them determine whether your school or organization is eligible for inclusion on the Bonzy Giving Platform. See the self-certification form for more details and access to the click-through agreement.
Bonzy Charities, Inc. transfers funds electronically by EFT/ACH to fund Recipient funding needs. To ensure timely and accurate payments, the Recipient will be required to provide us with the requisite information for us to enable electronic payment of donations to their school district or to their 501(c)(3).
By utilizing the Bonzy Giving Portal or the Bonzy Platform or by accepting the receipt of donation funds from Bonzy Charities, Inc. or otherwise participating in a Giving Program (the “Services”), Recipient agree to these terms of use (as amended from time to time, the “Terms of Use” or this “Agreement”). If a prospective Recipient does not agree with the Terms of Use, they cannot utilize the Bonzy Giving Portal or Services, nor be eligible to accept distributions from Bonzy Charities, Inc.
1.0 Overview
1.1 The general purpose of the Bonzy Giving Platform is to facilitate the making of donations of money by Donors and other users of the Bonzy Platform to Recipients.
1.2 These Terms of Use set out the terms and conditions applicable to Recipients using the Bonzy Giving Portal, the Bonzy Platform and all Giving Programs which utilize its functionality and supersede all previously published terms or agreements with Bonzy relating to Recipients. These Terms of Use are separate and distinct from all agreements entered into between Bonzy or a Donors and any Recipients relating to specific Giving Programs or the acceptance of donations through the Bonzy Platform. The Terms of Use may be amended at any time by Bonzy posting the amended version to the Bonzy Giving Portal, with effect as of the date and time of posting.
1.3 Bonzy will endeavor to provide the Services in a timely and professional manner, but will not be legally responsible or liable to Recipient for any failure to do so. Further, Bonzy reserves the right to change, modify or discontinue any or all of the Services and to suspend the Services for maintenance and testing purposes at any time and from time to time, with or without notice.
Eligibility for and participation in the Bonzy Giving Portal and Services are determined by, among other things, Recipient’s school district or organization satisfying the following requirements on an ongoing basis (collectively, the “Eligibility Requirements” ): (i) being recognized as a registered tax-exempt public charity with Recipient’s local government or regulatory authority (the “Country Authority” ) and under applicable tax and charity laws (“Tax Laws” ); (ii) remaining in good standing with the Country Authority under the Tax Laws and operating in compliance with all other applicable law; (iii) Recipient’s Eligible Giving, as well as any of its directors, officers, trustees, advisors or employees, not appearing on any local or internationally recognized anti-terror, anti-money laundering, anti-bribery or other ‘watch lists’ including, but not limited to, OFAC, EU Consolidated List, and OSFI Consolidated List (“Watch Lists” ); (iv) Recipient’s Eligible Giving, as well as any of its directors, officers, trustees or employees and authorized agents, not publishing content on behalf of Recipient’s Eligible Giving that condones violence, incites hatred or promotes discrimination against a group of people that have received protection under applicable anti-discrimination laws (v) maintaining presence only in jurisdictions not subject to international sanctions, (vi) if applicable, complying with any declarations submitted by Recipient respecting the provisions of the self-certification form; and (vii) being accurately described in and reflected by Recipient’s Giving Profile Content. Failure to meet any of the Eligibility Requirements may result in, among other things, withholding of distribution of Donation Funds or termination of Services, which may include Recipient’s organization being removed from the Bonzy Giving Portal and the Eligible Giving Database or particular Giving Programs immediately and without notice. In the case that Recipient have received Donations Funds when Recipient do not meet the Eligibility Requirements, Recipient agree to return such funds to Bonzy Charities, Inc. within ten (10) days of a written request to do so.
2.4 Recipient acknowledge Recipient’s right to participate in the self-certification form accessible through the Bonzy Giving Portal. Agreeing to the applicable clauses in the self-certification form may qualify Recipient’s Eligible Funding Needs for consideration in one or more Giving Programs, but such inclusion is completely at the discretion of the relevant Donor or Participating Business. Bonzy has the right (but no obligation) to display information about any and all clauses/declarations Recipient make in the self-certification form in connection with search, eligibility, and policy compliance requirements relating to the Eligible Funding Need Database, vetting for Giving Programs, Eligibility Requirements and related uses. Failure to complete and maintain a current self-certification form will limit Recipient’s Eligible Giving participation in some Giving Programs and may deter some Donors or Participating Businesses from contributing to Recipient’s Eligible Funding Needs through the Bonzy Platform. If Recipient are a 501(c)(3) organization, the self-certification form must be completed on an annual basis in order to remain in effect and will expire automatically without notice to Recipient on each anniversary of the date of submission of the self-certification form unless re-certified prior to such date.
3.0 Receipt of Donation Funds and Other Gifts
3.1 Recipient agree that any and all gifts received by Recipient via the Bonzy Platform will be used in accordance with Recipient’s stated policies and, where applicable, for authorized activities described in Recipient’s Giving Profile. If Recipient create a funding need or grant application as part of Recipient’s Giving Profile Content, Recipient agree that any gifts of money that are allocated by Donors to such project or volunteering opportunity will only be used for such purposes. If this will not be the case, Recipient will contact Bonzy immediately, and if requested, Recipient agree to return any Donation Funds that were allocated for such purposes. Recipient agree and undertake in particular (i) that any and all gifts received by Recipient from Bonzy Charities, Inc. will be applied only for purposes which are both charitable under the applicable law of the jurisdiction of Bonzy Charities, Inc. and within the stated purposes of Bonzy Charities, Inc. and (ii) to comply fully with any request from Bonzy Charities, Inc. or Bonzy in connection with the application of any such gift (such requests may include audits and investigations of Recipient’s Eligible Funding Need or recipients of funds whether random or at our discretion) and return to Bonzy Charities, Inc. any gift which is not so applied.
4.0 Payment of Donation Funds and Applicable Fees
4.1 Gifts made by Donors via the Bonzy Platform will be received by Bonzy Charities, Inc. and thereafter will normally be a tax-receptable donation made by the Donor to Bonzy Charities, Inc. Where applicable, the tax receipt will be issued to the Donor via the Bonzy Platform (and, for clarity, will be issued for the full amount that is donated by the Donor). All such donations will be subject to a five percent (5%) service fee payable by the Donor to Bonzy Charities, Inc. (the “Service Fee”). Notwithstanding the foregoing, the percentage of the Service Fee may occasionally differ from time to time if Bonzy Charities, Inc. determines, at its sole discretion, that such change is necessary. This Service Fee is paid in consideration of the Donor’s access to and use of the Bonzy Platform and the Services. In the event the Donor’s gift is made by credit or other payment card using the merchant account (or equivalent) facilities made available via the Bonzy Platform, the Donor will pay the charge by such merchant account (“Merchant Fees”). Donation Funds held by or on behalf of Bonzy Charities, Inc. are under Bonzy Charities, Inc.’s exclusive legal control, and may be used only for charitable purposes and not for any impermissible private benefit. Furthermore, Donation Funds received by Recipient through the Bonzy Platform may be used only for charitable purposes and not for any impermissible private benefit.
4.2 Donor acknowledges and agrees that all donations to Bonzy Charities, Inc. are final and cannot be reversed or refunded. Donor shall not instruct the credit card company used for making the donation to reverse any charges made in connection with Donor’s transaction with Bonzy Charities, Inc.
4.3 Bonzy Charities, Inc. will make periodic transfers of the Donation Funds (less applicable amounts offset against Service Fees and Merchant Fees paid by Donors) to the respective Eligible Funding Needs, either by electronic means or manual check*, provided that: (i) Donor Comments have been provided with respect to any such Donation Funds; (ii) the Eligibility Requirements respecting the advised Eligible Giving under Section 4.1 above have been met at the time of disbursement; (iii) the Donor Comments have not been rejected by Bonzy Charities, Inc. in its discretion; and (iv) all amounts owing by Participating Businesses, Merchant Account providers or other Donors in respect of Donation Funds have been transferred to Bonzy Charities, Inc. Bonzy will make reasonable commercial efforts to ensure that such periodic distributions are made within a commercially reasonable period of time following verification of funding from the Donor to Bonzy Charities, Inc. and the funding redemption request by the school district or organization.
4.4 Eligible Giving may receive Donation Funds by Electronic Funds Transfer (EFT), Automatic Clearing House (ACH), check or any other payment methods that may be made available through the Bonzy Platform. Recipient can provide Recipient’s Eligible Giving’s banking information through the secure Bonzy Giving Portal by submitting the Funds Transfer Form to allow for EFT or ACH transfers. Absent a Funds Transfer Form, Bonzy Charities, Inc. has the option, but not the obligation, to make distributions by manual check until a valid Funds Transfer Form is submitted.
4.5 Any interest earned on account of Donation Funds prior to disbursement shall accrue for the benefit of Bonzy Charities, Inc.
5.0 Tax and Tax Receipts
5.1 Donation Funds received by Bonzy Charities, Inc. for charitable purposes will normally represent a tax-receiptable donation by the relevant Donor as a donor contribution. In such cases, the Bonzy Platform (subject to the Tax Laws) will enable generation of a tax receipt to or at the request of the eligible Donor via email with a PDF attachment or via the user interface of the relevant Bonzy Solution. Bonzy Charities, Inc. shall determine and advise Bonzy as to issuance of appropriate tax receipts.
5.2 Donor is solely responsible for determining the tax treatment of any Donation Funds that are distributed to Recipient via the Bonzy Platform.
5.3 Bonzy Charities, Inc. make every reasonable effort to honor the Donor Advice and are authorized to do so for those Eligible Funding Needs subject to the Tax Laws and eligibility requirements provided in the applicable Giving Program. However, to comply with Tax Laws and Country Authority regulations, Bonzy Charities, Inc. must retain the exclusive authority, discretion, and legal control over all Donation Funds. In the event that the Donor Advice does not satisfy the Bonzy Charities, Inc.’s criteria or is otherwise inapplicable (such as, if the Eligible Giving no longer satisfied Eligibility Requirements at the time of disbursement or if the Bonzy Charities, Inc. chose not to follow the Donor Comments), the relevant Bonzy Charities, Inc. may select an alternate Eligible Funding Need to receive the Donation Funds.
6.0 Content, Conduct and Intellectual Property
6.1 The Intellectual Property Rights in the Bonzy Platform and all Content that appears on the Bonzy Giving Portal and the Bonzy Platform, or that is otherwise created or used by Bonzy or a Bonzy Charities, Inc. in conjunction with the Services (other than Giving Profile Content defined in Section 2.2 above) (collectively, "Bonzy Content") are owned by Bonzy or its licensors and should be considered Confidential Information for the purposes of this Agreement. Except as expressly permitted in the Terms of Use and without limiting any other restrictions, Recipient agree not to use, share, copy, alter, disclose, scrape, frame, distribute, publish, sell, prepare derivative works based on, or commercially exploit the Services or any Bonzy Content, without express written permission from Bonzy.
6.2 In connection with Recipient, the Bonzy Giving Portal allows Recipient to upload, post, or share Recipient’s Content. Recipient hereby grant a limited, non-exclusive, worldwide, royalty-free license to Bonzy and Participating Businesses to display Recipient’s Content for the purpose of exposing Recipient’s Giving Profile to Participating Businesses, Bonzy Charities, Inc., Donors and prospective donors on the Bonzy Platform. Recipient further hereby grant to Bonzy the limited, non-exclusive, world-wide, royalty-free license to use and to sublicense to Bonzy Charities, Inc., Participating Businesses and Donors Recipient’s Content including Recipient’s name and logo, for the limited purpose of highlighting or, if applicable, promoting or publicly advertising Recipient’s Eligible Funding Need in connection with the use of the Bonzy Platform.
6.3 Recipient’s Giving Profile Content
The use by Bonzy of the Giving Profile Content may include the display of such content in connection with Giving Programs or third-party websites, applications or services that utilize the Bonzy Platform. This exposure to Participating Businesses, Giving Programs, and Donors does not mean that we review, monitor or endorse the activities of these parties, nor their sites or services. We do not monitor or accept any responsibility for such Giving Programs, third-party websites, applications or services, their use of the Bonzy Platform or the interactions Recipient may have with Donors derived from them. Any direct dealings that Recipient have with Donors, Bonzy Charities, Inc. or with Participating Businesses outside of Recipient’s interactions with Bonzy are between Recipient and such parties, for which Recipient assume full responsibility and Recipient acknowledge that we are not liable for any loss or claim in respect thereof.
6.4 Acknowledgements, Representations and Warranties
Recipient acknowledge and agree that: (i) Bonzy is acting as a licensor and application service provider to Bonzy Charities, Inc. and the Participating Businesses for the administration of Giving Programs and is not providing any fundraising or similar services to Recipient; (ii) neither Bonzy, Bonzy Charities, Inc. nor any Participating Business have any obligation or responsibility to Recipient to review or approve Recipient’s Giving Profile, self-certification form or any of Recipient’s Giving Profile Content; (iii) the Bonzy Platform is typically provided to Participating Businesses on a “Giving neutral” basis, and any featuring or highlighting or eligibility of particular Eligible Giving is typically determined by Participating Businesses as part of their respective Giving Programs; (iv) in connection with the provision of search results relating to the Eligible Giving Database, Bonzy may present qualitative or other information from public and private sources which it believes to be reliable to assist Donors and Participating Businesses in their use of the Bonzy Platform and choice of Eligible Giving, and Bonzy shall have no responsibility to Recipient for the monitoring or accuracy of such information or its consistency with Recipient’s Giving Profile Content; and (v) in no event will Bonzy or Bonzy Charities, Inc. or Participating Business or their respective employees, directors, licensees, contractors, users, customers or suppliers be liable for any unauthorized access to, or alteration, theft or destruction of any Giving Profile Content, how so ever Giving.
6.5 Without limiting the foregoing, Recipient represent and warrant to Bonzy that: (i) the Giving Profile Content and the Funding Need Content will not infringe, or constitute the misappropriation of, any Intellectual Property Right of any third party and Recipient hold all necessary rights, licenses and other consents to permit the use of the Giving Profile Content as contemplated in the Terms of Use; (ii) the Giving Profile Content will not contain material that is defamatory, slanderous, libelous, or obscene, portray any person in a false light, or constitute an invasion of any right to privacy or an infringement of any right to publicity, or otherwise violate any rights of any third party; and (iii) the use of the Giving Profile Content in accordance with this Agreement will not expose Bonzy or Bonzy Charities, Inc. or Participating Business or their respective employees, directors, licensees, contractors, users, customers or suppliers to criminal, regulatory or civil liability or sanction of any kind and (iv) Recipient’s use of the Services will at all times comply with all applicable law.
7.0 Confidentiality, Privacy and Ownership
7.1 Except to the extent disclosure and use may be specifically permitted elsewhere in this Agreement, all Confidential Information provided or disclosed by one party (the “Disclosing Party”) to any other party (the “Receiving Party”) shall be considered confidential and proprietary information as of the date of such disclosure and shall not be disclosed by the Receiving Party to any person or entity except as expressly provided in this Article 7. The Receiving Party will not release, disclose, use, make available or copy any such Confidential Information without the prior written consent of the Disclosing Party except as necessary to carry out its obligations under this Agreement. The Receiving Party may disclose the Disclosing Party's Confidential Information to its employees, agents or subcontractors on a need-to-know basis only and to that party's legal advisors, accountants or other advisors as reasonably necessary. The Receiving Party will take reasonable precautions to protect the confidentiality of such Confidential Information, which must be at least as stringent as the precautions it takes to protect its own Confidential Information.
7.2 The obligations with respect to Confidential Information shall not apply to information that: (i) the Receiving Party already knows at the time it is disclosed by the Disclosing Party, unless such information was subject to a confidentiality restriction at the time it was originally disclosed; (ii) is or becomes publicly known without breach of this Agreement; (iii) the Receiving Party received such Confidential Information from a third party authorized to disclose it without restriction; (iv) or that it develops independently without reference to the Confidential Information. If and to the extent the Receiving Party is required by applicable law or valid court or governmental agency order to disclose the Disclosing Party’s Confidential Information, it may do so, but only after giving the Disclosing Party advance written notice, so as to allow the Disclosing Party to seek a protective order and the Receiving Party shall fully cooperate, at the reasonable cost of the Disclosing Party, with the Disclosing Party in respect of any legal action that the Disclosing Party may take to limit or prevent such disclosure.
7.3 Each party acknowledges and agrees that title to and ownership of the Confidential Information shall remain with the Disclosing Party and that any Confidential Information disclosed under this Agreement is confidential and proprietary and constitutes valuable trade secret information of the Disclosing Party. All Confidential Information which constitutes Personal Information will be dealt with by each party in accordance with Applicable Privacy Laws.
7.4 Notwithstanding the foregoing, the information provided by Recipient in Recipient’s Giving Profile, Recipient’s self-certification form or in connection with the Bonzy Giving Portal, as well as information about the donations Recipient receive through the Bonzy Platform, is required to manage Recipient’s utilization of the Bonzy Giving Portal, the Bonzy Platform, and Recipient’s participation in Giving Programs. Recipient therefore consent to and authorize each of Bonzy and Bonzy Charities, Inc., and their respective subsidiaries, affiliates and any other third parties to whom any of the foregoing contract in order to manage Giving Programs and the Bonzy Platform and to carry out the terms of this Agreement, to share such information about Recipient, including that information supplied in Recipient’s Giving Profile and self-certification form or otherwise provided by Recipient on the Bonzy Giving Portal.
7.5 If Recipient are an authorized user of Recipient’s Giving Profile, Donor information may be shared with Recipient via a report accessible on the Bonzy Giving Portal unless the Donor chooses to remain anonymous at the time of donation. This reporting functionality may include information respecting Participating Businesses (“Corporate Donor Information”) and individuals (“Personal Donor Information”) that contributed to the Donation Funds distributed to Recipient via the Bonzy Platform. Recipient agrees that all Corporate Donor Information and Personal Donor Information (collectively, “Donor Information”) constitutes Confidential Information within the provisions of this Article 7. For greater certainty, Recipient will not, without the prior written consent of the relevant Participating Business or Donor, as the case may be: (i) identify any Participating Business as a contributor to Recipient or Recipient’s programs; (ii) represent that Recipient are approved or otherwise endorsed by any Participating Business or Donor or Bonzy or Bonzy Charities, Inc.; (iii) make any public disclosure of any Donor Information at any time, except as required by applicable laws; (iv) reference any Participating Business or Donor in Recipient’s marketing, promotional or other communications of any kind; or (v) otherwise use Donor Information or the name, logo or any Intellectual Property of any Participating Business or Bonzy to solicit donations, support, clientele, volunteers, or other resources.
8.0 Limitation of Liability
8.1 Bonzy reserves the right to change, modify, suspend, or discontinue any or all aspects of the Bonzy Platform, the Bonzy Giving Portal, or any Services at any time without notice to Recipient. Bonzy makes no representation or warranty, express or implied, as to the accuracy, quality or other attributes of the Bonzy Content, the Bonzy Giving Portal, Bonzy Charities, Inc. or the Bonzy Platform or results obtained from using them or the legitimacy and legality of any Eligible Giving listed therein or any fitness for a particular purpose. Recipient acknowledges that the Eligible Giving Database is based upon a listing provided and updated by the relevant Country Authority, as enhanced by content provided by Eligible Giving and therefore is not subject to control by Bonzy. Further, Recipient acknowledge that the provision of funds to Recipient or the issuance of a tax receipt or other advice through the Bonzy Platform or by a Bonzy Charities, Inc. does not represent confirmation, assurance or opinion that the transaction giving rise to such distribution or receipt represents a valid tax credit, deduction, or charitable transaction respecting Recipient’s Eligible Giving, Bonzy Charities, Inc., a Donor or any Participating Business (nor the respective directors, officers, employees, agents, contractors, suppliers, licensors or assigns of Participating Businesses, and such parties, together with the Participating Business are collectively referred to herein as the “Participating Business Parties”), and all such parties must rely on their own tax, legal, and accounting advice respecting all such matters.
8.2 The Bonzy Giving Portal, the Bonzy Platform (including without limitation Bonzy Content), the Services, and any and all other deliverables provided by Bonzy, Bonzy Charities, Inc., or any Participating Business Party relating thereto are provided “as is” without any warranty of any kind, whether express, implied, statutory, or otherwise, and neither Bonzy, Bonzy Charities, Inc., nor any Participating Business Party makes, and each of them hereby expressly disclaims, any and all express and implied warranties of any kind or nature, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any implied warranties arising from course of dealing or course of performance.
8.3 Recipient acknowledge that the nature of the Bonzy Platform and any Services do not enable Bonzy, Bonzy Charities, Inc. or any Participating Business Party to determine in advance the likelihood of the success of such Services, the Bonzy Platform or any Giving Program executed in connection with any Participating Business Party. In no event shall Bonzy or Bonzy Charities, Inc. or any Participating Business Party be responsible to Recipient for the use or misuse of the Bonzy Giving Portal or the Bonzy Platform or the failure by Bonzy or Bonzy Charities, Inc. to provide any Services in a timely manner or at all.
8.4 Notwithstanding anything contained in this Agreement or the Bonzy Giving Portal or in any other agreement, existing or future, between Recipient and Bonzy, in no event shall Bonzy, its affiliates, any Participating Business, Bonzy Charities, Inc., or any Donor or their respective employees, directors, licensees, contractors or suppliers, be liable to Recipient for any damages, costs, losses or expenses and Recipient release and indemnify the foregoing parties from any liability, including but not limited to the following categories: (a) loss of profit, loss of revenue, loss of goodwill; (b) indirect or consequential damages, costs, losses or expenses of any nature, or (c) any tax, interest, fines, damages, penalties or other levies imposed by any taxing, governmental or other regulatory authority.
9.0 Arbitration
9.1 Any claim, dispute or controversy (whether in contract or tort, pursuant to any statute or regulation, or otherwise and whether pre-existing, present or future) arising out of or relating to: (i) this Agreement; (ii) the Bonzy Platform, the Bonzy Giving Portal, the Services or any Giving Program; (iii) oral or written statements, advertisements or promotions relating to this Agreement or the Bonzy Platform or the Bonzy Giving Portal or any Giving Program or the Services; or (iv) the relationships that result from this Agreement (including relationships with third parties) (collectively, a “Claim”), will be referred to and determined by a sole independent arbitrator for final determination (to the exclusion of the courts) selected by Bonzy. Any decision of Bonzy to terminate the listing of an Eligible Funding Need on the Bonzy Platform or to cease providing services to any Eligible Funding Recipient is in the sole discretion of Bonzy and cannot form the subject matter of any Claim.
9.2 Recipient agree to waive any right Recipient may have to commence or participate in any class action against Bonzy, Bonzy Charities, Inc., or any Participating Business Party or any Donor related to any Claim and, where applicable, Recipient also agree to opt out of any class proceedings against Bonzy, or Bonzy Charities, Inc., or a Participating Business Party or a Donor. If Recipient have a Claim, Recipient must give written notice to arbitrate to Bonzy at the address on the Bonzy Giving Portal. If Bonzy or Bonzy Charities, Inc. has a Claim, it will give Recipient notice to arbitrate at the address provided in Recipient’s Giving Profile or the address provided by Recipient’s Country Authority. Arbitration of Claims will be conducted in Columbus, OH, USA. The arbitration shall be governed and the arbitrator shall be appointed in accordance with the rules of the United States Chamber of Commerce.
10.0 Miscellaneous Legal Provisions
10.1 This Agreement and its benefits are offered at the sole discretion of Bonzy. We reserve the right to modify the Terms of Use at any time by posting on the Bonzy Giving Portal. Recipient is responsible for regularly reviewing these Terms of Use so that Recipient will be apprised of any changes. Recipient’s continued use of the Bonzy Giving Portal or acceptance of Donation Funds following any changes to these Terms of Use is Recipient’s agreement to the changes and Recipient are bound by the then-current version of this Agreement. If any changes are unacceptable to Recipient, Recipient must cease use of the Bonzy Giving Portal and return any Donation Funds sent to Recipient.
10.2 These Terms of Use apply to Recipient’s use of the Bonzy Giving Portal, the Services, and the Bonzy Platform at all times. Recipient may terminate this Agreement as it relates to Recipient at any time by emailing: Support@Bonzy.org. This Agreement and Recipient’s inclusion as an Eligible Giving may be terminated by Bonzy at any time and for any reason, immediately upon the earlier of notice to Recipient by Bonzy or the deletion by Bonzy of Recipient’s Giving Profile on the Bonzy Giving Portal. Upon termination or expiration of this Agreement the disclaimer of warranties, limitations of liability, miscellaneous provisions, Recipient’s obligations and our proprietary rights or any other rights of ours which by their nature are intended to survive termination, shall survive, but Recipient’s right to use the Bonzy Giving Portal immediately ceases, and Recipient agree to not accept any Donation Funds following termination.
10.3 If Bonzy suspects or learns that Recipient have not complied with these Terms of Use, including without limitation those provisions contained Section 2, Bonzy may exercise any and all remedies available to it under these Terms of Use or at law including, but not limited to, removing Recipient’s school district or 501(c)(3) from the Bonzy Giving Portal and the Eligible Giving Database or particular Giving Programs immediately and without notice.
10.4 No delay or omission by Bonzy in exercising any right or remedy contained in this Agreement will operate as a waiver of any of such rights and remedies nor shall it be interpreted as such. Bonzy may, in its sole discretion, deviate from the strict observance, performance, or compliance by the Eligible Giving of any terms and conditions of this Agreement. Such deviations will not alter, affect, or prejudice any of Bonzy’s other rights or remedies and will only be effective in the specific instance and for the specific purpose for which it was given and will be deemed not to be a waiver of any other of Bonzy’s rights or remedies as a result of any other breach of this Agreement.
10.5 This Agreement shall be governed by the laws applicable in the State of Ohio without regard to its conflict of law provisions. The products and services described in this Agreement are only offered in jurisdictions where they may be legally offered. If any provision of this Agreement is invalid or unenforceable, the invalidity or unenforceability of such provision will not affect the validity or enforceability of the remaining provisions of this Agreement.
10.6 This Agreement and the documents and agreements incorporated by reference herein constitute the entire agreement regarding Recipient’s utilization of the Bonzy Giving Portal or any other component of the Bonzy Platform. Nothing contained in this Agreement will be deemed or construed by the parties or any third party to create the relationship of partnership or joint venture between or among the parties, it being understood that the parties will at all times remain independent parties for contracting any Services. It is acknowledged and agreed that neither Bonzy nor Bonzy Charities, Inc. nor any Participating Business will be considered a professional fundraiser (or equivalent) for the Eligible Giving.
10.7 The parties will co-operate with and assist each other and take such action as may be reasonably necessary to implement and carry into effect this Agreement to its full extent.
10.8 Bonzy may provide Recipient with notices regarding the Services, the Bonzy Giving Portal, the Bonzy Platform or these Terms by regular mail, email, or postings to the Bonzy Giving Portal.
10.9 Bonzy may assign any or all of its rights or obligations under this Agreement to another party without notice or consent for any reason.
10.10 Recipient acknowledge that Recipient’s obligations under this Agreement are owed to and for the benefit of Bonzy and its affiliates and also owed to and for the benefit of Bonzy Charities, Inc. In addition to Bonzy’s and its affiliates’ rights, Recipient acknowledge that Bonzy Charities, Inc., as third-party beneficiary, has the right to enforce the contractual obligations and is entitled to remedies under this Agreement.
If Recipient have any questions regarding the Terms of Use, please contact us at support@bonzy.org).
As used in the Terms of Use and self-certification form, and in addition to any other terms defined therein, the following terms will have the following meanings:
“Applicable Privacy Laws” means any and all applicable laws and policies relating to privacy and the collection, use and disclosure of Personal Information in all applicable jurisdictions. For greater certainty, Applicable Privacy Laws may mean something different to each of the parties hereto, as each party may be subject to different jurisdictional legal requirements in relation to privacy.
“Bonzy Charities, Inc.” is the registered 501(c)(3) listed on the Bonzy Giving Portal that has an agreement with Bonzy to receive donations from individuals and Participating Businesses utilizing the Bonzy Platform to distribute Donation Funds to Eligible Funding Recipients.
“Bonzy Content” means any and all written, electronic, or other tangible or intangible materials, items and Content provided by Bonzy, whether on its own behalf or on behalf of Bonzy Charities, Inc., Participating Businesses or Donors, which may be created and provided by or accessible through the Bonzy Platform, and includes without limitation, the Eligible Giving Database.
“Bonzy Giving Portal” means the online portal available to Eligible Funding Recipients to access Services offered by Bonzy and Bonzy Charities, Inc.
“Bonzy Platform” means any proprietary software product, hosted service, application programming interface or other service provided by Bonzy for the benefit and use by Participating Businesses and Bonzy Charities, Inc., including without limitation, Bonzy Content.
“Confidential Information” means, with respect to any party, all information related to any aspect of such party that is either non-public, confidential, secret or proprietary material or information of such party, whether in verbal, graphic, electronic, written or other form, and which is disclosed to or obtained by the other party in connection with this Agreement.
“Content” means text, images, logos, listings, slides, graphics, drawings, artwork, audio, video, or information contained in any database, template, message, audio, or any other form of audio or visual effect in any media now or hereinafter developed.
“Donor” means either those individuals or Participating Businesses that are authorized make a donations to Bonzy Charities, Inc.
“Donation Funds” refer to funds or other resources that are distributed to Eligible Funding Recipients by Bonzy Charities, Inc. or otherwise distributed via the Bonzy Platform.
“Eligible Funding Recipients” refer to school districts and 501(c)(3)s that utilize the Bonzy Platform to post funding needs and receive funding from Bonzy Charities, Inc. as well as utilize other Bonzy Services.
“Funds Transfer Document” means the form accessible on the Bonzy Giving Portal to be completed by Eligible Funding Recipient containing the banking information to enable the Bonzy Charities, Inc. to transfer Donation Funds to such Eligible Funding Recipients electronically or using automation technology.
“Giving Portfolio” means a list of funding needs that a Donor has directed Bonzy to fund through Donor Comments.
“Giving Program” means any program established by Bonzy or a Participating Business to facilitate the donation of money to Eligible Funding Recipients via the Bonzy Platform.
“Intellectual Property Rights” means, collectively, patents, trade secrets, copyrights, trademarks, moral rights, databases, inventions, or improvements in any of the foregoing, and all other intellectual property rights and proprietary rights, whether arising under the laws of Canada, the United States or any other state, country or jurisdiction, including all rights or Giving of action for infringement or misappropriation of any of the foregoing, in each case now existing or hereafter developed during the term of this Agreement. For greater certainly, Intellectual Property Rights shall include trademarks, trade names, domain names, web-links, brands, business names, designs, graphics, logos and other commercial symbols and indicia of origin, together with any associated goodwill.
“Matching Program” means a Giving Program whereby a Participating Business or other participant in the Bonzy Platform allocates or “matches” Donation Funds allocated to Eligible Funding Needs within the Bonzy Platform based on terms, in amounts, and on such other conditions as may be established for such Giving Program.
“Participating Business” means a corporation or other entity that utilizes the Bonzy Platform in accordance with an agreement entered into with Bonzy or Bonzy Charities, Inc.
“Personal Information” means information about an identifiable individual (e.g., name and address) as more particularly described in the Applicable Privacy Laws.
This web site is operated by Bonzy, Inc. with a license agreement with Bonzy Charities, Inc. Protecting the privacy and confidentiality of Recipient’s personal information is a fundamental principle in the relationship that we have with donors, Participating Businesses, school districts and 501(c)(3) organizations serving needs in their communities.
This Privacy Policy describes the privacy and information practices respecting Personal Information (as that is defined below) of this web site and other web sites and applications that link to this Privacy Policy that utilize the Bonzy Platform (collectively, the “Bonzy Sites”). These various applications and services in connection with the Bonzy Platform or any of our other products are collectively referred to as the "Services". This Policy applies to users of our Services the Bonzy Platform.
“Personal Information” means information about an identifiable individual who can be directly or indirectly identified, which does not include information of an aggregate or anonymous nature where a specific individual or individuals cannot be identified.
We provide access and use of the Bonzy Sites and Services to Recipient on condition that Recipient accept the terms of this Privacy Policy and any other relevant site documents, and by accessing or using the relevant Bonzy Site, Recipient agree to these terms. If Recipient do not agree with and accept this Privacy Policy, Recipient should not access or use any Bonzy Site, nor utilize the Services.
We use "cookies" to enable Recipient to sign into our Services and to help personalize Recipient’s online experience. A cookie is a small text file that is placed on Recipient’s hard drive. Cookies can either be permanent (i.e., they remain on Recipient’s computer until Recipient delete them) or temporary (i.e., they last only until Recipient close Recipient’s browser). Cookies do not collect Personal Information.
Cookies offer many conveniences. They allow us to identify registered users when they return to the relevant Bonzy Sites so that they can retrieve previous information and interact with the site more efficiently. Cookies also facilitate the use of analytics tools to monitor Recipient’s navigational history.
Recipient has the ability to accept or decline cookies. Most browsers automatically accept cookies, but Recipient can usually modify Recipient’s browser setting to decline cookies. If Recipient choose to decline cookies, Recipient may not be able to sign in or use other interactive features of Recipient’s Bonzy Site and Services that depend on cookies. Our Bonzy Sites and Services use Google Analytics, a service which transmits website traffic data to Google servers. We use reports provided by Google Analytics to help us understand website traffic and webpage usage.
By using this website or the Services, Recipient consent to the processing of data about Recipient by Google in the manner described in Google's Privacy Policy (http://www.google.com/policies/privacy) and for the purposes set out above. Recipient can opt out of Google Analytics if Recipient disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google (https://tools.google.com/dlpage/gaoptout).
In addition to cookies, we may use other technologies, including single-pixel gifs (also known as web beacons) on Bonzy Sites and in email messages or newsletters. These tiny electronic images assist us in determining how many users have visited certain pages or opened messages or newsletters.
By using a Bonzy Site, or the Services, Recipient consent to the collection, use and disclosure of Recipient’s Personal Information in accordance with this Privacy Policy. The terms of this Privacy Policy apply to all Personal Information collected by us on any Bonzy Site.
Note: Bonzy Sites may be accessed via or contain links to other web sites or applications, such as Recipient’s employer’s intranet, a Giving’s web site, informational links that are embedded within content, and the like. We are not responsible for the information practices or the content of such other Web sites or providers and encourage Recipient to review the privacy statements of such other Web sites or application providers to understand their information practices.
Other than the information that is provided by our corporate clients to initiate workplace programs, we only collect Personal Information about User’s after User’s have provided us with User’s consent to collect that specific information by registering as a user of the relevant Bonzy Site or when Recipient voluntarily provide Personal Information to us (such as for the purposes of a tax receipt to be issued via the Bonzy Platform). By voluntarily providing this information to us, User consent to the collection and use of User’s Personal Information as set out in this Privacy Policy.
The Personal Information provided by our corporate clients to initiate workplace programs is to establish the employee’s eligibility and log-in credentials, to implement payroll giving, if applicable, and provide reporting to our clients based on office location and business units.
Where applicable based upon User’s usage of a particular Bonzy Site, we may collect and use User’s Personal Information to:
We may send User transaction-related communications such as welcome letters, reminders, donation confirmations, thank-User letters, impact statements and the like. We may also send User surveys or marketing communications to inform User of new products or services or other information or offers that may be of interest to User. If User does not wish to receive surveys or marketing communications, User may opt-out by following the “unsubscribe” instructions included within each email communication. Please note that if User chooses not to receive marketing or survey communications, User will continue to receive transactional and account communications (e.g. confirmation emails, account balance statements, etc.).
We use Personal Information to provide the Services to User, enhance the operation of the relevant Bonzy Site, improve our marketing and promotional efforts, improve our product and service offerings, and to tailor User’s experience with Bonzy, Bonzy Charities, Inc. and other third parties. For example, if User sends our client services group an email, we may use User’s comments and feedback to tell others about our Services and may post User’s comment in our marketing materials or on a Bonzy Site. If User’s comments contain Personal Information such as User’s name, we will obtain consent from User to post User’s name along with User’s comment prior to posting User’s comment for public view.
We utilize third-party service providers to manage credit card processing. Neither Bonzy, its affiliates, nor Bonzy Charities, Inc. receive or hold User’s credit card information. These service providers are not permitted to store, retain or use such information except for the purpose of credit card processing of donations authorized by User through a Bonzy Site. Details of their respective privacy and information practices are accessible through their respective merchant platforms that may be accessed via or integrated with a Bonzy Site.
Our Platform also facilitates efficient employer and corporate matching programs and is not intended for the processing of “sensitive information” as defined in various jurisdictions including personal health, financial or confidential Personal Information. The categories of Personal Information that we may collect include: (a) limited identifiers including, but not limited to, name, alias, postal address, unique personal identifier, Internet Protocol (IP) address, email address; and (b) some internet activity information, including but not limited to search (for a Giving) history, donations, and information regarding User’s interaction with our Sites, application, or advertisement. The purposes for the collection, use, and disclosure of this information are described above.
We may share User’s Personal Information in a business transfer. As with any other business, we could merge with, or be acquired by another company. If this occurs, the successor company would acquire the information we maintain, including Personal Information, subject of course to this Privacy Policy.
We do not sell User’s Personal Information to any third party but only transfer Personal Information to subprocessors as necessary to provide our service.
We may share User’s information for our protection and the protection of others. We reserve the right to disclose User’s Personal Information as required by law and when we believe that disclosure is necessary to protect our rights or comply with a judicial proceeding, court order, or legal process served on a Bonzy Site; enforce or apply this Privacy Policy, the terms of use or other agreements; or protect the rights, property or safety of a Bonzy Site, its users, corporate host or others.
To update a user profile, please login to the relevant Bonzy Site with User’s username and password and click on User’s name in the header. Once in the user profile, edit by clicking on User Information to update any of User’s Personal Information.
Bonzy retains Personal Information we collect from User in accordance with applicable law and where we have an ongoing legitimate business need to do so (for example, to provide User with a service User or User’s employer have requested or to comply with applicable legal, tax or accounting requirements).
Upon expiry of an appropriate retention period, bearing in mind reasonable legal and business requirements, Personal Information will either be destroyed in a secure manner or made anonymous.
Bonzy uses a self-assessment approach to assure compliance with this Privacy Policy and periodically verifies that the policy is accurate and comprehensive for the information intended to be covered, prominently displayed, and accessible.
We are continuing to improve our Services so that User can Be Part of the Solution. Please let us know if User has suggestions on how to better serve our members, our schools, and our communities.
Bonzy, Inc.
Columbus, OH
Email: support@bonzy.org
Last Revision: August 5, 2021