January 17, 2018
Introduction This Kindrid™ Electronic Services Agreement ("Agreement") between you ("User" or "Donor") and Ministry Brands, LLC, a Delaware limited liability company ("Ministry Brands") regarding your use of the Kindrid™ Electronic Services, applies to all to your donations made to the party on whose behalf you sent a text message ("Donee") donating a specific amount in U.S. Dollars as a gift to the Donee (each a "Donation" and collectively, "Donations"), by using the Donee‘s exclusive key word ("Donee Key Word") designating your Donation be applied to a Donee‘s specifically identified program, charity or project ("Designation") or related exclusive telephone number ("Donee Number") to which you texted the first time you made a Donation via a text message ("Initial Donation") using your mobile phone number ("User Account Number") and as part of the process for such Initial Donation accessed a link and completed an authorization form or mobile gift registration ("User Data Authorization") submitting and registering your personal and credit card data and authorizing use of your personal and credit card data for purposes of making your Donation to the Donee and accepting the terms and conditions of this Agreement.
- Use of Kindrid™ Electronic Services
Scope of the Agreement. This Agreement between you and Ministry Brands states the terms and conditions that govern your use of the Kindrid™ Electronic Services. The term "we," when used below, means Ministry Brands. The term "Kindrid™ Electronic Services" includes all of Ministry Brands‘s computer, telephonic, facsimile, email or wireless services or systems. This includes services and information accessible through Ministry Brands, or service providers used by Ministry Brands, including, but not limited to:
§Ministry Brands‘s proprietary donation software systems, such as Kindrid™
§Ministry Brands‘s website operated under the trademark Kindrid™
§Ministry Brands‘s contracted third party computers and networks that are accessible externally
§Ministry Brands‘s contracted third party wireless services providing for the transmission of information ("Information Transmitters" ) as well as third parties providing electronic payment processing services ("Third Party Electronic Payment Processing Provider(s) ")
§Any other computer, telephonic or wireless electronic gift donation services or information system Ministry Brands provides to you, including successors to the systems described above.
Services Provided. Ministry Brands‘s Kindrid™ Electronic Services allow you to: 1) text Donations to Donees using Donee Key Words or Donee Numbers, which Donations are charged to your credit card information provided on the User Data Authorization submitted by you in the Initial Donation; 2) to receive for each Donation a written document via electronic mail or other electronic communication acknowledging the Donation as to its amount and intended Donee ("Acknowledgement") which Acknowledgement, subject to changes in applicable tax regulations and the advice of each Donor‘s tax advisor, may be useful as an acknowledgment of your Donation for tax deduction purposes; and 3) to access your personal account information. The Kindrid™ Electronic Services are accessible via computer, telephonic or wireless transmissions for use on compatible personal, home or small-business computers, including Internet appliances with modems, terminals and network computers, as well as various wireless devices. You understand that in order for Ministry Brands‘s Kindrid™ Electronic Services, including future services available from Ministry Brands, to perform to your satisfaction, or at all, you are solely responsible for the hardware, software or other technology you use to access Ministry Brands‘s Kindrid™ Electronic Services. Ministry Brands will not be responsible for any service difficulties resulting from your failure to possess technology adequate to use Ministry Brands‘s Kindrid™ Electronic Services to your satisfaction.
Your Agreement. By using Ministry Brands‘s Kindrid™ Electronic Services, you agree to comply with the terms and conditions of this Agreement. Ministry Brands has the right to modify or terminate this Agreement in any way at any time, and we will provide you with notice of any modifications by posting such changes at this web site location: https://Kindrid.com/legal/#terms-of-servicetos. You further agree to abide by any rules, procedures, standards, requirements or other conditions we may establish in connection with the use of our Kindrid™ Electronic Services or any other electronic communications services made available by Ministry Brands, including but not limited to, Third Party Electronic Payment Processing Provider(s) .
- Risks of Electronic Donations
Access to the Kindrid™ Electronic Services may be limited or unavailable during periods of peak demand, systems upgrades or maintenance, or for other reasons. If the Kindrid™ Electronic Services are unavailable or delayed at any time, you agree to use alternative means to make your donations, such as calling a Ministry Brands technical helpline or a representative of the Donee to who you are attempting to make such donation. It should also be noted that the use of the Kindrid™ Electronic Services are intended for use in addition to traditional means of charitable contributions such as offerings during religious services or established programs for tithing or periodic giving programs with charitable institutions. Ministry Brands will not be liable to you if you do not receive an Acknowledgement, a Designation is not applied by the Donee to the designated specific giving program, charity or project or are unable to access your account information or request a transaction through the Kindrid™ Electronic Services. (See Limitations of Liability, Section 3).
Disclaimer of Warranties. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO WARRANTY OF NON-INFRINGEMENT. THERE IS NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION, INCLUDING RESEARCH REPORTS OR ANY ASPECT OF Ministry Brands‘S Kindrid™ ELECTRONIC SERVICES (INCLUDING, BUT NOT LIMITED TO, INFORMATION ACCESS AND DONATION PLACEMENT, DESIGNATION OR EXECUTION).Ministry Brands MAKES NO WARRANTY AND SHALL BE HELD HARMLESS AND SHALL NOT BE LIABLE FOR THE FAILURE OF A DONEE TO USE OR ALLOCATE A DONATION TO THE PROGRAM, CHARITY OR PROJECT IDENTIFIED BY A DONOR IN ITS DONATION OR IN ANY DESIGNATION.
Disclosure of Potential Relationships. Ministry Brands and/or its employees or directors, as well as consultants to Ministry Brands, may have or may have business relationships for the use of the Kindrid™ Electronic Services with each Donee and may charge a fee for the use of the Services to such Donee as well as perform reporting services to each Donee on the Donations received including information regarding any Designation and personal information regarding each Donor as provided in the User Data Authorization only to the extent of their name, address, email address, Designation, if any, and the amount of the Donation for reporting purposes. From time to time, Ministry Brands may perform software or other technical services for Donees with or without charge.
- Limitations of Liability
Limitation of Damages. Ministry Brands, THE DONEES, INFORMATION TRANSMITTERS, THIRD-PARTY ELECTRONIC PAYMENT PROCESSING PROVIDERS AND ANY OTHER PERSON INVOLVED IN TRANSMITTING INFORMATION OR FUNDS REGARDING DONATIONS WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES EVEN IF YOU ADVISE THEM OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS FOR LOST PROFITS, FINANCIAL LOSSES AND DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE INFORMATION OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION. AS A CONDITION TO ACCESSING OR RECEIVING THE INFORMATION, YOU EXPRESSLY AGREE TO WAIVE ANY CLAIM YOU MAY HAVE AGAINST Ministry Brands, ANY INFORMATION PROVIDER, ELECTRONIC PAYMENT PROCESSING PROVIDER OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING ANY INFORMATION Ministry Brands MAKES AVAILABLE TO YOU. Ministry Brands SHALL NOT BE LIABLE IN ANY MANNER FOR THE FAILURE OF A DONEE TO USE OR ALLOCATE A DONATION TO THE PROGRAM, CHARITY OR PROJECT IDENTIFIED BY A DONOR IN ITS DONATION OR IN ANY DESIGNATION.
BY ACCESSING OR RECEIVING INFORMATION USED IN THE COURSE OF MAKING YOUR DONATION, YOU AGREE THAT THE LIABILITY OF Ministry Brands, THE DONEES AND INFORMATION PROVIDERS, THE THIRD-PARTY PAYMENT PROCESSING PROVIDERS OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING INFORMATION OR FUNDS ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH Ministry Brands‘S Kindrid™ ELECTRONIC SERVICES OR INFORMATION WILL NOT EXCEED THE AMOUNT OF YOUR DONATIONS YOU MADE USING THE Kindrid™ ELECTRONIC SERVICES RELATED TO YOUR CLAIM.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
No Liability for Events Outside of Individuals‘ or Entities‘ Direct Control. Ministry Brands, the Donees, Third Party Electronic Payment Processing Provider(s) , Information Transmitters and any other person involved in transmitting Information or funds used for a Donation will not be liable for any loss that results from a cause over which that individual or entity does not have direct control. Such causes include, but are not limited to: (1) the failure of electronic or mechanical equipment or communication lines; (2) telephone or other interconnect problems; (3) bugs, errors, configuration problems or the incompatibility of computer hardware or software; (4) the failure or unavailability of Internet access; (5) problems with Internet service providers or other equipment or services relating to your computer or network; (6) problems with intermediate computer or communications networks or facilities; (7) problems with data transmission facilities or your telephone, cable or wireless service; or (8) unauthorized access, theft, operator errors, severe weather, earthquakes, other natural disasters or labor disputes. Ministry Brands is also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of Ministry Brands‘s Kindrid™ Electronic Services.
- Consent to Email Communications and Opting Out
- Use of Proprietary Information
The content provided by Ministry Brands‘s Kindrid™ Electronic Services ("Content") is the property of Ministry Brands, the respective Donees to the extend such content has been created by such Donee or their licensors and is protected by applicable copyright law. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Content in any manner without the express written consent of Ministry Brands, the applicable Donee or any other person with the authority to give such consent. You agree that you will not use the Content for any unlawful purpose. You further agree to comply with all reasonable written requests from Ministry Brands intended to protect the Content and Donees‘ and Ministry Brands‘s respective rights in the Content and Kindrid™ Electronic Services.
- Donation Change, Cancellation or Refund Requests
You acknowledge that it may not be possible to change, cancel or refund a Donation once you have texted it, and you agree to exercise caution before making all Donations. Any attempt you make to cancel a Donation is simply a request to cancel and must be made within no more than 15 minutes after the donation has been confirmed . Ministry Brands will consider and processes your requests to change, cancel or refund a Donation on a best-efforts basis only and will not be liable to you if Ministry Brands is unable to change, or cancel your donation. If you wish to try to change or cancel your Donation, you agree to call a Ministry Brands representative to assist you. Attempting to cancel and replace or change a Donation through the Kindrid™ Electronic Services can result in the execution of duplicate Donation, which ultimately is your responsibility. If a Donation cannot be canceled or changed, you agree that you are bound by the results of the original Donation you made.
- No Legal or Tax Advice
You acknowledge that Ministry Brands does not give legal advice or tax advice. You agree that any information or Content presented by Ministry Brands or any Donee regarding charitable giving or offerings or other legal or tax principles related to making a Donation to a Donee do not apply to your specific circumstances or take into account your comprehensive tax or estate planning situation. For that type of assistance, you agree to consult your own tax or legal advisor.
- Access, Passwords and Security
You will be responsible for the confidentiality and use of your access number(s), password(s) and User Account number(s). You agree not to hold Ministry Brands liable for any damages of any kind resulting from your decision to disclose your access number(s), password(s) or User Account number(s) to any third party, including, but not limited to, entities that aggregate account information or website content, or persons who are or claim to be acting as your agent, proxy or advisor. If you inform Ministry Brands or Ministry Brands has reason to believe that the security of your account password may be or has been compromised, we have the right to terminate your use of Kindrid™ Electronic Services. You will be responsible for all Donations made through and under your access number(s), password(s) and User Account number(s), and any Donations so received by Ministry Brands will be deemed to have been received from you. All Donations shall be deemed to be made at the time received by Ministry Brands and in the form received. You agree immediately to notify Ministry Brands if you become aware of:
§ Any loss or theft of your access number(s), password(s) and/or User Account number(s) or
§Any unauthorized use of any of your access number(s), password(s) and/or User Account number(s), or of the Kindrid™ Electronic Services or any Information or
§Any failure by you to receive a message that a Donation initiated by you through the Kindrid™ Electronic Services has been received and/or executed through the Kindrid™ Electronic Services or
§Any failure by you to receive accurate written confirmation of a Donation within 1 Business Day after making the Donation through the Kindrid™ Electronic Services or
§Any receipt of confirmation of a Donation that you did not place, or any similarly inaccurate or conflicting report or Information.
- Data Transmission
You acknowledge that data, including email, electronic communications and personal financial data, may be accessed by unauthorized third parties when communicated between you and Ministry Brands, Third Party Electronic Payment Processing Provider(s) or Information Transmitters, using the Internet, other network communications facilities, telephone or any other wireless, mobile electronic means. You agree to use software produced by third parties, including, but not limited to, "browser" software that supports a data security protocol compatible with the protocol used by Ministry Brands. Until notified otherwise by Ministry Brands, you agree to use software that supports the Secure Socket Layer (SSL) protocol or other protocols accepted by Ministry Brands and follow Ministry Brands‘s logon procedures for Kindrid™ Electronic Services that support such protocols. You acknowledge that Ministry Brands is not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet.
- Use of Software, Programs, Applications or Other Devices to Access Kindrid™ Electronic Services
With the exception of applications commonly known as web-browser software, or other applications formally approved by Ministry Brands in writing, you agree not to use any software, program, application or any other device to access or log on to Ministry Brands‘s computer systems, website or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any Content, information or unauthorized code to or from Ministry Brands‘s computer systems, website or proprietary software.
- Service and Use Fees
Donees shall be responsible for all service and use fees, if any, that are charged by Ministry Brands or its designee for Ministry Brands‘s Kindrid™ Electronic Services for the payment and transmission of each Donation. These fees may include, without limitation, a credit card processing fee consisting of a percentage of the Donation and a per transaction set fee, which will be paid by the Donee but will not reduce the amount Donor will be credited on its receipt for the donation. You agree that these fees may be changed without notice. Ministry Brands reserves the right to enter into fee-sharing arrangements with applicable Donees and Third-Party Electronic Payment Processing Providers.
Payment of Donations. Upon texting an amount to give to a Donee, you shall instruct Ministry Brands or its designated Third Party Electronic Payment Processing Provider(s) to charge the Donation to the designated credit card set forth in the User Data Authorization. You agree to pay all costs (including attorneys‘ fees), if any, incurred by Ministry Brands in collecting overdue or unpaid Donations from you, if necessary.
- Account Restrictions
If there is a restriction on your Donor Account, your use of the Kindrid™ Electronic Services‘ functions may be restricted with respect to such account. Further, Ministry Brands reserves the right in its sole discretion to require confirmation of sufficient funds in the credit card accounts on file under the User Data Authorization prior to permitting a Donation to be made through the Donor Account and to determine the adequacy of any such Account prior to the execution of any Donation through the Kindrid™ Electronic Services. Ministry Brands will not be responsible for any delay or failure to provide the Kindrid™ Electronic Services, including the execution of any Donation, in the event there is a restriction on your account, you lack sufficient funds in your account or you delay or fail to make a deposit of sufficient funds required to make the applicable Donation requested.
You agree to defend, indemnify and hold Ministry Brands, the Donee and the Third Party Electronic Payment Processing Providers and the Information Transmitters harmless from and against any and all claims, losses, liability costs and expenses (including, but not limited to, attorneys‘ fees) arising from your violation of this Agreement, state or federal charitable donation or tax laws or regulations, or any third party‘s rights, including, but not limited to, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of this Agreement.
- Our Ability to Terminate Kindrid™ Electronic Services
Ministry Brands reserves the right to terminate your access to its Kindrid™ Electronic Services or any portion of them (including, without limitation, the Content, in its sole discretion, without notice and without limitation, for any reason whatsoever. Ministry Brands may terminate your access to its Kindrid™ Electronic Services for reasons including, but not limited to, the unauthorized use of your account access information, breach of this Agreement, discontinuance of Ministry Brands‘s access to any Content or any other data from any Donee or Third Party Electronic Payment Processing Provider or termination of one or more agreements between Ministry Brands and Donees, or Third Party Electronic Payment Processing Provider(s) . Ministry Brands, the Donees, and Third Party Electronic Payment Processing Provider(s) shall have no liability to you for terminating your access to Ministry Brands‘s Kindrid™ Electronic Services.
- Electronic Communications
§The Kindrid™ Electronic Services you access by wireless devices provide you with the capability to send electronic communications, such as text and email, directly to Ministry Brands and interact within applicable areas of the Kindrid™ Electronic Services. You agree to the following terms with respect to your use of electronic communications through the Kindrid™ Electronic Services:
§You will not transmit instructions as set forth on mobile gift registrations for Donations to Ministry Brands using electronic communications except through those electronic features designated by Ministry Brands for the express purpose of placing instructions for Donations. You acknowledge that Ministry Brands will not act upon Donations transmitted through electronic communications other than instructions you transmit through designated mobile gift registration features;
§Ministry Brands shall be entitled, but is not obligated, to review or retain your electronic communications for, among other reasons, monitoring the quality of service you receive, your compliance with this Agreement and the security of the Kindrid™ Electronic Services. Ministry Brands is entitled to disclose your electronic communications to the same extent it may disclose other information about you or your account(s) as provided elsewhere in this Agreement. In no event will Ministry Brands be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of such activities by Ministry Brands;
§You will not use any electronic communication feature of the Kindrid™ Electronic Services for any purpose that is unlawful, abusive, harassing, libelous, defamatory, obscene or threatening. You will not use the Kindrid™ Electronic Services to solicit Ministry Brands‘s designated Donees or others or participate in the solicitation of Ministry Brands designated Donees or others for any purpose;
§You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
§You will not in any way express or imply that any opinions in your electronic communications are endorsed by Ministry Brands without the prior written consent of Ministry Brands;
§If you use the Kindrid™ Electronic Services that you access by computer, you agree to provide Ministry Brands with your email address, promptly provide Ministry Brands with any changes to your email address and accept electronic communications from Ministry Brands at the email address you specify; and
§You agree to be bound by any affirmance, assent or agreement you transmit through the Kindrid™ Electronic Services you access by wireless device or computer, including, but not limited to, any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you text or tap or click on an "confirm", "I agree," "I consent" or other similarly worded "button" or entry field with your smart phone key pad, mouse, keystroke or other wireless or computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Ministry Brands will not be liable for any delays in the receipt of any SMS messages connected with this program. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator.
You acknowledge that, in providing you with the Kindrid™ Electronic Services, Ministry Brands has relied upon your agreement to be bound by the terms and conditions of this Agreement and any user or license agreement(s) related to or accompanying Kindrid™ Electronic Services-related software or mobile phone applications downloaded to your smart phone or other wireless device. You further acknowledge that you have read, understood and agreed to be bound by the terms of (i) the user license agreement of any Kindrid™ Electronic Services-related software, and (ii) the terms of Ministry Brands‘s agreement(s) with any Third Party Electronic Payment Processing Provider(s) and any other agreement with Ministry Brands that applies to your User Account(s), all as currently in effect and amended from time to time.
Payment processing services for non-profit and church organizations on Kindrid™ are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as non-profit or church on Kindrid™, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Kindrid™ enabling payment processing services through Stripe, you agree to provide Kindrid™ accurate and complete information about you and your business, and you authorize Kindrid™ to share it and transaction information related to your use of the payment processing services provided by Stripe. Stripe may also be contacted directly for payments support either by email at email@example.com or via their support help center at https://support.stripe.com/.
This Agreement may be modified by Ministry Brands upon written notice to you, solely by posting such changes at the following web site location: https://Kindrid.com/legal/#terms-of-service provided, however, that if Ministry Brands sends you written notice by such posting or via electronic communication or otherwise, of a modification, you confirm your acceptance of the modification by not closing and/or by continuing to use your account.
- Governing Law
This Agreement, and all future agreements you shall enter into with Ministry Brands, unless otherwise indicated on such other agreement, shall be governed by the law (but not the choice of law doctrines) of the State of Deleware. This is the case regardless of whether you reside or transact business with Ministry Brands in Deleware or elsewhere.
- Third Party Beneficiaries
You and Ministry Brands acknowledge and agree that each Donee and Third Party Electronic Payment Processing Provider is an intended third party beneficiary of this Agreement to the extent that the Kindrid™ Electronic Services include data or Content relating to such Donee or use to process electronic payments of Donations ("Third Party Beneficiaries"). Each Third Party Beneficiary is entitled to rely upon all rights, representations, warranties and covenants made by you in this Agreement to the same extent as if each Third Party Beneficiary was a party to this Agreement with respect to their own data or information set forth in Content. For the avoidance of doubt, all rights and benefits granted under this Agreement to Ministry Brands will also be deemed granted directly to each Third Party Beneficiary as set forth above. Otherwise, no third party will be deemed to be an intended or unintended third party beneficiary of this Agreement.