GiftDrive Terms and Conditions

1.1. Binding Agreement.

Your use of the Service signifies your unequivocal acceptance of these Terms. If you don't agree to all the terms and conditions of this Agreement, you must not use the Service.

1.2. Eligibility.

You represent and warrant that you're at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, and possess the legal capacity to enter into a binding contract. If you're accessing or using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. Individuals or organizations wishing to act as a Page Creator (a verified non-profit organization or individual in need who creates a public donation page on the Service to display a list of Requested Items) must further meet specific eligibility criteria as determined by GiftDrive, which may include verification of non-profit status or demonstrated individual need.

1.3. Modifications to Terms.

GiftDrive reserves the right, at its sole discretion, to modify or revise these Terms at any time. We'll provide notice of such changes by updating the "Effective Date" at the top of these Terms and/or by sending an email notification to registered Users. Your continued use of the Service following the effective date of any such changes constitutes your acceptance of the revised Terms.

2.1. Facilitator and Payment Processor.

GiftDrive operates exclusively as an intermediary platform designed to connect Page Creators with Donors (individuals or entities who purchase a Requested Item through the Service to be gifted to a Page Creator). We facilitate the display of physical item needs and process the financial transactions for the purchase of Requested Items (the physical goods and items displayed on a Page Creator's donation page as being needed) on behalf of Donors.

2.2. No Ownership or Physical Handling.

GiftDrive explicitly states that it doesn't own, stock, manufacture, physically handle, or directly ship any of the Requested Items. Our role is strictly limited to facilitating the connection and payment process.

2.3. Third-Party Fulfillment.

Upon successful completion of a purchase transaction on the Service, GiftDrive transmits the order details to a designated Fulfillment Partner (the third-party entity responsible for picking, packing, and shipping Requested Items). This Fulfillment Partner is solely responsible for all aspects of physical fulfillment, including but not limited to, sourcing, picking, packing, warehousing, and shipping the Requested Item to the Page Creator.

2.4. Disclaimer of Fulfillment Liability.

GiftDrive disclaims all liability for the actions, omissions, errors, or delays of any Fulfillment Partner or Third-Party Shipper. We don't guarantee the availability, quality, condition, or timely delivery of any Requested Item once the order has been transmitted to the Fulfillment Partner.

2.5. Service Level Disclaimer.

While we strive for high availability, GiftDrive doesn't guarantee uninterrupted or error-free access to the Platform. The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.

3.1. Account Creation.

To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2. Account Security.

You're solely responsible for maintaining the confidentiality of your account login credentials (username and password) and for all activities that occur under your account. You agree to notify GiftDrive immediately of any unauthorized use of your account or any other breach of security. GiftDrive recommends the use of strong, unique passwords and, where available, enabling two-factor authentication. GiftDrive won't be liable for any loss or damage arising from your failure to comply with this security obligation.

3.3. Account Types.

GiftDrive may offer different types of accounts, including general User accounts, Page Creator accounts, and Donor accounts, each with distinct functionalities and requirements.

3.4. Account Termination or Suspension.

GiftDrive reserves the right, in its sole discretion, to suspend or terminate your account and refuse any and all current or future use of the Service if we have reason to believe that you've violated these Terms, engaged in fraudulent or illegal activities, or for any other reason deemed necessary by GiftDrive to protect the integrity of the Service or its Users. You may terminate your own account at any time by following the instructions on the Service.

4.1. Accuracy of Needs.

As a Page Creator, you're solely responsible for ensuring the accuracy, completeness, and truthfulness of all information pertaining to your Requested Items, including but not limited to, descriptions, specifications (e.g., make, model, condition), quantities, and photographs. You warrant that all Requested Items genuinely reflect your needs.

4.2. Verification.

GiftDrive reserves the right to conduct verification processes for Page Creators, which may include requesting official documentation (e.g., 501(c)(3) status for non-profits), conducting interviews, or utilizing third-party verification services. You agree to cooperate fully with such verification efforts.

4.3. Updating Needs.

You're obligated to promptly update your donation page to reflect changes in your needs, including removing items that have been received or are no longer required, to prevent unnecessary purchases.

4.4. Shipping Information.

You must provide and maintain accurate, complete, and secure shipping addresses for the delivery of Requested Items. GiftDrive isn't responsible for items delivered to an incorrect or outdated address provided by you.

4.5. Receipt of Items.

You acknowledge responsibility for receiving and confirming the delivery of all Requested Items. Any discrepancies or issues with delivered items should be reported to GiftDrive's support channels in accordance with our stated procedures.

4.6. Tax Implications.

You understand and agree that GiftDrive doesn't provide tax advice. You're solely responsible for consulting with a qualified tax professional regarding any tax implications or obligations related to receiving donated physical items through the Service. GiftDrive won't issue tax receipts for items received by Page Creators.

4.7. Prohibited Items.

You shan't list or request any items that are illegal, hazardous, perishable, violate intellectual property rights, promote hate, violence, or discrimination, or are otherwise deemed inappropriate or unsuitable by GiftDrive in its sole discretion. This includes, but isn't limited to, weapons, illegal substances, live animals, and items intended for resale or commercial profit outside of your stated charitable purpose.

5.1. Payment Process.

All payments for Requested Items are processed securely on the GiftDrive website through our Payment Processor, Rye Pay. By initiating a transaction, you agree to abide by the terms and conditions of Rye Pay, which can be found at https://rye.com/terms-of-service, in addition to these GiftDrive Terms.

5.2. Nature of Purchase.

You understand that your payment is for a specific Requested Item to be gifted to a Page Creator, and that GiftDrive facilitates this payment and the subsequent order placement with a Fulfillment Partner. You aren't purchasing the item directly from GiftDrive for your own use or possession.

5.3. Currency and Pricing Transparency.

All prices for Requested Items are displayed in United States Dollars (USD) unless explicitly stated otherwise. At checkout, a transparent 5% transaction fee will be applied to the total purchase price. In addition, a fixed $0.30 processing fee will be added to each order to cover payment processing costs (including Stripe's per-transaction fee). This 5% transaction fee and $0.30 processing fee are the only additional charges levied by GiftDrive on your purchase. Any other potential costs (e.g., sales tax, shipping fees) will be clearly indicated at checkout, as determined by the Fulfillment Partner or applicable law.

5.4. Refunds and Cancellations.

All sales made through the GiftDrive platform are final. GiftDrive does not offer refunds or cancellations for any purchases of Requested Items, except in very limited circumstances where a transaction cannot be fulfilled by our Fulfillment Partner (e.g., if an item is definitively out of stock and an equivalent replacement cannot be sourced). In such rare cases, GiftDrive, at its sole discretion, may issue a refund. Donors acknowledge that GiftDrive does not handle the physical return or exchange of items. Any issues regarding the condition, quality, or delivery of a physical item must be resolved directly with the Fulfillment Partner or, if applicable, the Page Creator, and are not subject to refund or return through GiftDrive.

5.5. No Guarantee of Ultimate Use.

While your donation is intended to meet a specific need identified by the Page Creator, GiftDrive doesn't guarantee the exact use or ultimate disposition of items by the Page Creator after successful delivery.

5.6. Tax Deductibility Disclaimer.

IMPORTANT TAX DISCLAIMER: GiftDrive is a platform facilitating donations of physical goods. GiftDrive expressly doesn't guarantee or represent that any purchase made through the platform is tax-deductible for the Donor. The tax deductibility of your contribution depends entirely on the tax-exempt status of the specific Page Creator (e.g., whether they're a registered 501(c)(3) organization in the U.S.) and your individual tax situation. Donors are solely and exclusively responsible for consulting with their own qualified tax advisors regarding the deductibility of their contributions.

7.1. Permitted Use.

You agree to use the Service solely for its intended purpose: to display needs for, or donate, physical items to Page Creators.

7.2. Prohibited Conduct.

You agree not to engage in any of the following prohibited activities:

• Any illegal or unauthorized purpose.
• Fraudulent or deceptive practices, including misrepresentation of identity or needs.
• Harassment, abuse, or intimidation of any person or entity.
• Spamming, phishing, or transmitting unsolicited communications.
• Infringement of intellectual property rights, including copyright, trademark, or patent.
• Disrupting, interfering with, or damaging the Service or its networks, including transmitting viruses, malware, or other harmful code.
• Attempting to gain unauthorized access to any part of the Service or other user accounts.
• Circumventing any technological measure implemented by GiftDrive or its providers.
• Collecting or harvesting any personally identifiable information from the Service without express consent.

7.3. Content Rules.

• User-Generated Content Guidelines: Any content you submit, post, or display on the Service (e.g., item descriptions, images, comments) must be accurate, appropriate, and truthful. It must not be defamatory, obscene, pornographic, hateful, discriminatory, or otherwise violate any applicable law or these Terms.
• Grant of License: By submitting content, you grant GiftDrive a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such content in connection with the operation of the Service and GiftDrive's (and its successors' and affiliates') business, including for marketing and promotional purposes, in any media formats and through any media channels.
• GiftDrive's Right to Monitor and Remove: GiftDrive reserves the right, but isn't obligated, to monitor all content and activity on the Service for compliance with these Terms. We may, at our sole discretion and without prior notice or liability, remove or disable access to any content that we deem to violate these Terms, be harmful, objectionable, or for any other reason.
• Reporting Violations: If you encounter content or conduct that you believe violates these Terms, please report it immediately through our designated reporting mechanism available on the Service.

7.4. Feedback and Reviews Guidelines.

If GiftDrive implements features for feedback or reviews, any such submissions must be truthful, based on actual experience, relevant to the Service, and free of abusive, discriminatory, or malicious language. GiftDrive reserves the right to remove any feedback or reviews that violate these guidelines.

8.1. GiftDrive Content.

All content, features, and functionality of the Service (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by GiftDrive, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2. User Content.

You retain all intellectual property rights in your user-generated content, subject to the license granted to GiftDrive under Section 7.3.

8.3. Copyright Infringement (DMCA Policy).

GiftDrive respects the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify GiftDrive's designated copyright agent as set forth in our DMCA Policy page, available at giftdrive.org/privacy.

9.1. "AS IS" Basis.

THE SERVICE AND ALL CONTENT, MATERIALS, AND PRODUCTS PROVIDED THROUGH GIFTDRIVE ARE FURNISHED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

9.2. No Implied Warranties.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GIFTDRIVE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ACCURACY OF DATA.

9.3. No Guarantee of Fulfillment.

GIFTDRIVE DOESN'T GUARANTEE THAT EVERY REQUESTED ITEM WILL BE PURCHASED, NOR DOES IT GUARANTEE THE SUCCESSFUL DELIVERY, QUALITY, OR CONDITION OF ITEMS ONCE THE ORDER IS TRANSMITTED TO THE FULFILLMENT PARTNER.

9.4. No Responsibility for Third Parties.

GIFTDRIVE EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR THE ACTIONS, PERFORMANCE, ERRORS, OMISSIONS, OR FAILURES OF FULFILLMENT PARTNERS, THIRD-PARTY SHIPPERS, PAYMENT PROCESSORS (INCLUDING RYE PAY), OR ISSUES WITH ITEM QUALITY, CONDITION, OR TIMELY DELIVERY AFTER PAYMENT HAS BEEN PROCESSED AND THE ORDER TRANSMITTED TO THE FULFILLMENT PARTNER. GIFTDRIVE ISN'T RESPONSIBLE FOR ANY DELAYS, DAMAGES, OR LOSSES INCURRED DURING SHIPMENT.

9.5. Internet and Technology Risks.

GIFTDRIVE DISCLAIMS LIABILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE, OR FROM ANY SECURITY BREACHES, VIRUSES, MALWARE, OR UNAUTHORIZED ACCESS TO YOUR DATA THAT IS BEYOND GIFTDRIVE'S REASONABLE CONTROL.

9.6. Third-Party Links Disclaimer.

The Service may contain links to third-party websites or resources. You acknowledge and agree that GiftDrive isn't responsible or liable for the availability, accuracy, content, products, or services of such websites or resources. Your use of third-party websites is at your own risk and subject to their respective terms and policies.

9.7. No Professional Advice.

GiftDrive provides a platform to facilitate connections for in-kind donations. GIFTDRIVE DOESN'T PROVIDE ANY LEGAL, FINANCIAL, TAX, MEDICAL, OR OTHER PROFESSIONAL ADVICE. You're solely responsible for seeking appropriate professional advice for your individual circumstances.

9.8. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIFTDRIVE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY (INCLUDING FULFILLMENT PARTNERS AND PAYMENT PROCESSORS) ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GIFTDRIVE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

9.9. Total Liability Cap.

IN NO EVENT SHALL GIFTDRIVE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00 USD) OR THE AMOUNT PAID BY YOU TO GIFTDRIVE, IF ANY, FOR ACCESSING OR USING THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

16.1. Governing Law.

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Vermont, United States of America, without regard to its conflict of law principles.

16.2. Informal Resolution.

Most concerns can be resolved by contacting our customer support at support@giftdrive.org. You agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service informally prior to initiating any formal legal action.

16.3. Binding Arbitration.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES, CLAIMS, AND CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SERVICE, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE American Arbitration Association ("AAA") IN ACCORDANCE WITH ITS Consumer Arbitration Rules. The arbitration will be conducted in Burlington, Vermont, unless otherwise agreed by the parties.

16.4. Waiver of Class Action and Jury Trial.

YOU AND GIFTDRIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and GiftDrive agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. YOU AND GIFTDRIVE EACH WAIVE THE RIGHT TO A JURY TRIAL.

16.5. Jurisdiction for Litigation.

In the event that the arbitration clause is found to be unenforceable or any dispute proceeds to litigation, you agree to the exclusive jurisdiction and venue of the state and federal courts located in Burlington, Vermont.

19.1. Severability.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect and enforceable.

19.2. Waiver.

No waiver by GiftDrive of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GiftDrive to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19.3. Entire Agreement.

These Terms, together with our Privacy Policy and any other legal notices or guidelines published by GiftDrive on the Service, constitute the sole and entire agreement between you and GiftDrive regarding the Service, superseding all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

19.4. Assignment.

You may not assign or transfer any of your rights or obligations under these Terms without GiftDrive's prior written consent. GiftDrive may assign or transfer its rights and obligations under these Terms, in whole or in part, without restriction.

19.5. Headings.

The headings in these Terms are for convenience only and have no legal or contractual effect.