Welcome to Pungl.com (the “Site”), created by Pungl Inc. This document constitutes a legally-binding agreement (this “Agreement”) governing the terms of providing you with services.
Throughout this Agreement, “Pungl,” “us,” “we,” and “our” refer to us, Pungl Inc., or our website, pungl.com, as is appropriate in the use of the words. Likewise, the words “you” and “your” refer to a User or Donor, as defined herein, as the person who is bound by this Agreement as a condition of using the Site and Service, as defined herein.
2. Description of Service
Pungl is an online marketplace that connects nonprofit organization and charitable causes (“Users”) to supporters who wish to contribute to the campaign (“Donors”) (the “Service”). Users may use the Site and Service to raise funding by providing unique gifts that celebrate actions, accomplishments, and milestones. Donors may use the Site and Service to find Users that they wish to support. The Service may provide online and mobile features.
3. Payment Terms:
Fees: Pungl does not charge any upfront fees for initiating use of the Site or Service. Pungl retains 5% of each donation contributed to a User (the “Pungl Fee”). Donations will be processed by one of two third-party payment processors, PayPal, Inc. and Stripe, Inc. (each a “Third-Party Processor”). An additional fee shall be deducted from each donation by the Third-Party Processor completing the transaction for the user (the “TPP Fee,” and together with the Pungl Fees the “Fees”).
Fees are deducted directly from each donation and will not be reflected in the amount a User receives. Pungl reserve the right to change the Pungl Fee pricing from time to time. If Pungl changes the Pungl Fee, Pungl shall provide advance notice of the change on the Site or via email, at Pungl’s option. A User’s continued use of the Site or Services after a change in the Pungl Fee shall constitute acceptance of the updated Pungl Fee. Unless expressly stated otherwise, all Fees referred to in these Terms of Service are exclusive of Value Added and Services Tax and any other taxes, where applicable.
Refunds: It is the User’s responsibility to communicate their refund policy to any Donor. In the event of canceled or postponed events, undelivered orders, or unauthorized charges, the User’s refund policy will control. Users shall ensure that their refund policy is consistent with the terms of this Agreement, the payment and refund terms included in these Terms of Service, and all applicable legal, regulatory, and other governmental requirements. All communications or disputes regarding refunds are between the User and Donor. Pungl shall not be liable for any decision to issue or not issue refunds in the course of the use of the Site or Services.
PUNGL DOES NOT PROVIDE REFUNDS OF ANY FEES. IF USERS WANT TO ISSUE A REFUND FOR PUNGL FEES TO DONORS, OR IF A USER IS REQUIRED TO ISSUE A REFUND FOR PUNGL FEES DUE TO A TRANSACTION DISPUTE, IT IS THE USER’S SOLE RESPONSIBILITY TO ISSUE A PAYMENT DIRECTLY TO DONORS.
Donor Refunds: If a Donor desires to request a refund, the donor must request the refund from the user and the user must process the refund directly. Pungl has no responsibility to provide refunds.
Canceled events or undelivered orders. If an event is canceled or goods are undeliverable for any reason, it is the User’s sole responsibility to refund each donor entitled to a refund as a result of an event cancellation or undeliverable goods.
4. Use of the Site and Service
Pungl is not responsible for the delivery of information and content from or to a mobile device as such delivery may fail due to circumstances or conditions beyond Pungl’s control. You understand and acknowledge that aspects of the Service, including but not limited to mobile network services, are outside of Pungl’s control and Pungl is not responsible or liable for such problems.
You understand and acknowledge that your use of the Site or Service from a terminal such as a mobile device or personal computer is subject to any agreements you have with your network service provider. Content distributed via the Site or Service, specifically that of email, are unencrypted. As such, transmissions may be unknowingly and/or unintentionally intercepted by third parties. Your use of the Site or Service acknowledges this fact and releases Pungl, its contractors, agents, representatives and affiliates from any such liability that may arise in the event of such unauthorized interception or access.
As Pungl does not maintain or have access to your device, e-mail server, and does not maintain or have access to networks outside of the domain and control of Pungl, by using the Site or Service you agree that Pungl bears no liability or responsibility for the security or control of content, e-mail, or otherwise, once delivered.
As reliability and effectiveness of the Site or Service may be limited by your geographic location, selected network operator or your mobile device, you agree and accept that Pungl is not responsible in the event the Site or Service or any portion of the Site or Service does not function.
Pungl is unable to guarantee the reliability and delivery of content or the Site or Service to your mobile device, since technology such as mobile networks and internet service providers are outside of Pungl’s control. Accordingly, by using the Site or Service you acknowledge that any such disruptions shall not be the responsibility of Pungl.
5. License to Access and Use
You may access and use our Site or Service only in accordance with this Agreement. Your use of the Site or Service may be governed by additional terms or agreements. You acknowledge that your use of the Site or Service may be limited, restricted or modified by any additional terms or agreements you have agreed to with Pungl. Any other access to or use of the Site or Service or its contents constitutes a violation of this Agreement and may violate other applicable laws, including copyright and trademark laws.
You may not access, use, or copy any portion of the Site or Service or their content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Site or Service’s content. Except as expressly authorized by us in writing, in no event you will reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or Service or its content or any access to or use of the Site or Service or their content.
6. Information Supplied
By disclosing or offering any information to us, including quotes, ideas, suggestions or other information, either through your use of the Site or Service or otherwise, you authorize Pungl to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the submission on the Site. By making a submission, you automatically grant, and you represent and warrant that you have the right to grant, to Pungl an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, adapt, publish, publicly perform, publicly display, reformat, translate, excerpt and distribute such submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such submission, and to grant and authorize sublicenses of the foregoing.
By making a submission, you represent and agree that all information that you provide to us in connection with your access to and use of the Site or Service is true, accurate, and complete to the best of your knowledge and belief, and that you are not infringing the rights of anyone through your submission. You also agree that you will not post or transmit any material that contains viruses, or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or personally identifiable information.
7. Rules for Online Conduct
You agree to use the Site or Service in accordance with all applicable laws. You are responsible for your own communications, including the upload, transmission and posting of information and are responsible for the consequences of posting on or through the Site or Service, to the extent that Pungl offers such interactive features. Pungl does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or other statements made public at the Site or Service and any information or material sent by visitors through any interactive services that may be available at the Site or Service. Such information and material represents the view and is the responsibility of those visitors and does not necessarily represent the views of Pungl.
You agree that you will not misuse the Site or Service. Among other acts, your conduct constitutes misuse if you:
Distribute, disseminate, post, or publish any information or material that degrades, embarrasses, harasses, humiliates, intimidates, or threatens any individual or group of individuals on the basis of their age, ancestry, color, ethnicity, marital status, medical condition, mental or physical disability, national origin, race, sex, sexual orientation, gender identity, union or nonunion affiliation, or any other basis protected by federal, state, or local law or ordinance;
Abuse, defame, harass, stalk, threaten, or otherwise violate others’ legal rights, including but not limited to rights of privacy and publicity;
Download or upload files that may damage the operation of another’s computer, such as computer viruses, corrupt files, or similar software;
Download or upload files that contain materials, including but not limited to software that violates the intellectual property, privacy, or publicity rights of others unless you own, control, or have been authorized to exercise such rights;
Misrepresent or omit the origin or source of any file you download or upload;
Download or upload files that do not contain the posted proprietary language, author attributions, and/or copyright, patent, or trademark notices;
Distribute, disseminate, post, or publish any indecent, infringing, obscene, or unlawful information or material;
Post, send, or otherwise disclose confidential information, trade secrets, or other confidential and/or protected proprietary data of any entity or person;
Download or upload files that you know, or reasonably should know, cannot be legally distributed through the Site;
Copy or create derivative works from, display, distribute, license, perform, publish, recreate, reproduce, sell, transfer, or transmit any information, products, services, or software obtained by, from, or through the Site or Service;
Take any action will or could affect Pungl’s intellectual property rights;
Take any action that will or could impose an unreasonable or disproportionately large load on our site infrastructure; or
Engage in any other conduct that is, or that we deem to be, in conflict with these Terms.
What constitutes misuse, whether listed above or not, is determined at our sole discretion. We forbid misuse of the Site or Service and reserve the right to suspend or terminate your account (without refund) and to refuse any further use of the Site or Service by you for any misuse.
Our Site and Service is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Site or Service. If you are under 13, do not use this Site or Service or provide any information about yourself to us.
If a parent or guardian is made aware that a child under the age of 13 has provided us with personally identifiable information through any point of contact, we ask to be contacted by email and we will delete the information.
10. Intellectual Property
You acknowledge and agree that the Site and Service and their contents, including, but not limited to, all photographs, information, data, text, product descriptions, software, music, sound, graphics, video, messages, tags and/or other materials (collectively, the “Content”) are proprietary or confidential information that belongs exclusively to Pungl and is protected by applicable copyright, trademark, trade secret, patent or other proprietary rights and laws. You are not authorized to reproduce, republish, distribute, transmit, modify, sell or otherwise use the Content, or to create derivative works based on the Content, in whole or in part, without Pungl’s express written authorization. This includes, but is not limited to, a prohibition on aggregating information on our Site and publishing it elsewhere. Without limiting the above, you are not authorized to use the Content in order to gain a competitive advantage for marketing purposes (including third-party solicitations), to harass, abuse or harm others, or in any way that otherwise exceeds the scope of your authorized access to this Site or Service. In addition, you are not authorized to use, access, search, or obtain data from the Content of this Site or Service by using any deep-link, framing, page scrape, robot, spider or other automatic device, program, algorithm or similar methodology.
Pungl™, all logos, slogans and trade dress, including the look and feel of the Site and Service (“Trademarks”) are trademarks owned by Pungl to uniquely identify our Site and Service offered. You agree not to use these Trademarks anywhere without our prior written consent. In other words, by accepting this Agreement, you cannot use the Trademarks for any purpose.
11. Termination of Access
Pungl reserves the right, in its sole discretion, to terminate your access to all or part of the Site or Service, without notice or liability, for any reason, including, but not limited to, the breach of any agreement between you and Pungl, including, without limitation, this Agreement. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.
PUNGL IS NOT RESPONSIBLE FOR THE CONTENT PRODUCED BY OR THE SERVICES RENDERED BY ANY THIRD PARTY THAT MAY BE REFERENCED ON THE SITE OR TO WHICH ACCESS MAY BE PROVIDED VIA THE SERVICE. PUNGL MAY PROVIDE LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. PUNGL DOES NOT OPERATE OR CONTROL IN ANY RESPECT, ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SITE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND ANY THIRD PARTY SITES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PUNGL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. PUNGL DOES NOT PROMISE THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECT WILL BE CORRECTED, OR THAT THE SERVICE, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PUNGL DOES NOT PROMISE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS ON THE SITE, IN THE SERVICE OR IN THIRD PARTY SITES OR THE SERVICES PROVIDED BY THIRD PARTIES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.
YOU ASSUME ALL RISK OF ERROR AND/OR OMISSIONS IN THE SITE AND SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE AND SERVICE, INCLUDING INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE, AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.
13. Limitation of Liability
IN NO EVENT WILL PUNGL, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, INCLUDING ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES, ALLEGED UNDER ANY LEGAL THEORY IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICE, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, DISPUTES AMONG USERS, OR ANY OTHER TORT.
You agree to defend, indemnify and hold us, our representatives, and our affiliates harmless from any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of the Site or Service, their content and any services available on or through the Site or Service or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims, and we may require you to pay for an attorney(s) in such cases. However, we reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties, and you shall be liable for the damages as though we had proceeded with a trial.
15. Choice of Law and Forum
This Agreement shall be construed and enforced in accordance with the substantive law of the Commonwealth of Massachusetts, without giving effect to the conflicts or choice of law provisions of Massachusetts or any other jurisdiction, and shall have the effect of a sealed instrument. By using the Site or Service, you agree to submit to the personal and exclusive jurisdiction of the courts located within Berkshire County in the Commonwealth of Massachusetts with respect to any claims arising from these Terms or your use of the Site.
16. User/Donor Disputes: Users agree that they are solely responsible for their interactions with any other user or donor in connection with the Site or Services and Pungl will have no liability or responsibility with respect thereto. Pungl reserves the right, but has no obligation, to become involved in any way with disputes between a user and any other party resulting from use of the Site or Services.
17. Waiver of Jury Trial
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION, SUIT, OR PROCEEDEING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE MATTERS CONTEMPLATED HEREBY.
18. Waiver and Severability
Pungl’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If such right or provision is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties’ intentions as reflected in the provision, and other provisions of this Agreement shall remain in full force.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we do so, we will update this page with the amended Agreement. You may refuse to agree to the amendments, but if you do so, you must immediately cease using our Site. You must visit this page each time you come to our website and read and agree to it.
If you have any questions regarding the Site or this Agreement, please contact us.