Terms, Conditions & Privacy Policy
Please read the following Terms of Use (“Terms”) carefully. They govern your use of the Tuesday website and mobile applications (collectively, the “Site”) of Koncept Inc. Dba (“Tuesday”). By using the Site, you hereby agree that you are at least eighteen (18) years of age and are bound by all of the following provisions of these Terms. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY Tuesday’s SERVICE OFFERED THROUGH THE SITE.
About
The Tuesday website, web application, and mobile applications are products of Koincept Inc., a registered Corporation in the State of Delaware. Tuesday provides services for registered 501(3)(c) not-for-profit organizations, such as religious organizations, charitable organizations, not for profit events, fundraisers, and political events, (each, a “Donee”)—to receive payments made by users of the Site (each, a “Donor”). Pursuant to this Agreement, Donee appoints Tuesday as its agent for receipt of payments from Donor (each a “Payment”). Donee represents that it is party to a separate agreement with each Donor (such as, for example, a promise to donate) for which it receives payment hereunder and that payments received by Donee hereunder are only pursuant to that agreement. Tuesday is not an agent of Donor in receiving Payments. Tuesday is not a bank, money transmitter, or other money services business, merchant processor or merchant processor, payment facilitator as defined by the Bank Secrecy Act or state banking law. At Tuesday every and all parties such as not limited to Donee and Donor and all affiliations are directly registered as merchant of record for payment processing with Stripe solution llc (Payment Facilitator) (https://www.Stripe.com/). Please visit (https://payments.tuesday.app/terms) for terms and condition and privacy statement for merchant processing visit (https://payments.tuesday.app/terms).
License and User Conduct
Tuesday grants you a limited license to access and make personal use of this Site. However, you may not download or modify the Site, or any portion of the Site, except with express written consent of Tuesday. This Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Tuesday. Any unauthorized use of the Site shall automatically terminate the license granted to you by Tuesday for such use. You are required to abide by all applicable international, federal, state and local laws and regulations in your use of this Site. Tuesday may terminate your use of the Site in Tuesday's sole discretion for any reason. If you are under eighteen (18) years of age, you may not use the Site.
Prohibited Activities
The following is a partial list of prohibited activities on or through the Site: (1) using a robot, spider, script, automated process, or manual process to “scrape” the Site’s listings or Content; (2) taking any action that imposes an unreasonable or disproportionately large load on Tuesday's hardware or software infrastructure; (3) sending SPAM to Tuesday Users or others; (4) attempting to reverse engineer, decompile, disassemble or otherwise obtain the source code to the Site; (5) engaging in or promoting any illegal activities; (6) engaging in any activity that markets another business or attracts Tuesday Customers to a third party; (7) submitting Content that is offensive, obscene, harmful to minors, illegal, abusive, threatening, defamatory, or misleading; or (8) using the services if you are or wish to assist a person or entity who is on a Specially Designated National List of the U.S. Department of the Treasury Office of Foreign Asset Control (“OFAC”) or otherwise prohibited from accessing the U.S. financial system. All Donors and Donees must be residents and located within the U.S. otherwise they are prohibited from using Tuesday services.
Prohibited Products and Services
Means any adult content; airlines, including charter airlines; alimony, child support, or other court-ordered payments; bidding fee auctions, including penny auctions; brand or reputation damaging, potential or otherwise, including bestiality, child pornography, escort services, mail order brides, and occult; buyers clubs, discount clubs or membership clubs; check cashing, or payment for a dishonored check or for an item deemed uncollectible by another merchant; computer repair or maintenance services; commodity trading or security trading; cruise lines; credit counseling or credit repair agencies; credit protection or identity theft protection services; counterfeit or possibly counterfeit goods, or products that infringe on the intellectual property rights of others; debt collection, consolidation, or reduction services; deceptive, unfair, predatory products, services or activities, or prohibited by the card payment networks; digital currency; discount medical or dental plans including discount insurance; discount coupon merchants or online sites; distressed property sales and marketing; door to door sales; drugs, alcohol, or drug paraphernalia, pseudo-pharmaceuticals, substances designed to mimic illegal drugs, or items that may represent them; factoring, liquidators, bailiffs, bail bondsmen; financial services or instruments, such as cash advances, bill payment, loans or loan payments, money orders, money transfers, prepaid cards, wire transfers, or sales of money orders or foreign currency; gambling or betting, including lottery tickets, casino gaming chips, off-track betting, sports forecasting or odds making, fantasy football, memberships on gambling-related internet sites and wagers at races, contests, sweepstakes, and offering prizes as an inducement to purchase goods or services; hate, violence, racial intolerance, or the financial exploitation of a crime; high interest rate non-bank consumer lending including payday lending and title loans; infomercial merchants; internet pharmacies or pharmacy referral sites; inbound or outbound telemarketing businesses including lead generation businesses; investment or get rich quick merchants, businesses or programs; licensed or franchised goods or services, such as apple products; marijuana dispensaries and related products or services; marketing activities involving pay only for shipping and/or free trial periods; medical equipment; multi-level marketing businesses, pyramid or ponzi schemes; merchants offering special incentives; negative option, renewal, or continuity subscription practices; obscene or pornographic items; pawn shops; pharmaceuticals, including medical marijuana; prepaid phone cards or phone services; prostitution, escort services, massage parlors, and other potentially sexually related services; real estate or motor vehicle sales; rebate or up-sell programs; scrip-dispensing terminal; selling of mobile minutes; selling or sales of social media activity; stored value or quasi-cash; timeshares, timeshare resales and related marketing; tobacco, cigarettes, or e-cigarettes; unlawful activities or items, or activities or items that encourage, promote, facilitate or instruct others regarding the same; violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same; virtual currency or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exist in the virtual world; weapons, including replicas and collectible items, or ammunition or any parts or accessories that could modify the performance or action of any actual firearms, for ex. bump stocks; weight loss programs; if merchant fall within the following exclusions, merchant will not accept the American Express card; equities (including stocks, bonds, or any other ownership position in a corporation); goods or services to be delivered more than two (2) months in the future, with an intention of gaining return on investment; internet auctions; political parties; telecommunications (including wireless, cable and internet); travel industry (including car rental, lodging, and other travel tour operators); in addition, merchant may not use the service for; impersonating any person or entity or falsely claiming an affiliation with any person or entity; collecting, or attempting to collect, personal information about merchants or third parties without their consent, or using such information except as necessary to use the service; sending unsolicited offers, advertisements, proposals, or junk mail or spam to others. this includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signature; accepting payments for goods or services provided by someone other than merchant; providing merchant itself or others with a cash advance from a credit card; any illegal purpose, or violating any local, state, national, or international law, statute, or regulation, including, without limitation, laws governing intellectual property, taxation, and data collection and privacy; defaming, harassing, abusing, threatening, or defrauding others; posting, transmitting, or distributing content that is false, misleading, unlawful, obscene, indecent, lewd, pornographic, hateful, abusive, inflammatory, or that violates the rights of others (including rights of publicity or privacy); damaging, disabling, overburdening, or impairing Company, including without limitation, using the service in an automated manner; interfering with another merchant's enjoyment of the service, by any means, including by uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code; competing with Company or Company's business partners; sending or receiving what Company considers to be funds for something that may have resulted from fraud or other illegal behavior; abusing the payment card system or violating the rules, in the reasonable opinion of the card payment networks or Company; operating outside the united states; acting as a money services business or money transmitter; transferring funds between bank accounts held in the same name; creating an account that is linked to another account that has engaged in any of the foregoing activities. Company may use evidence other than merchant account information to determine whether merchant control an account in someone else's name, including but not limited to internet protocol addresses, common business names, phone numbers, and mailing addresses; or any activity deemed by Company to be unauthorized, illegal, or criminal.
Copyrights and Trademarks
Except as otherwise noted on this Site, all information, documentation, and other content posted on this Site are the property of Tuesday, its affiliates, and/or its licensors. The graphics, icons, and overall appearance of this Site are the property of Tuesday. The posting of information, documentation, and other content does not constitute a waiver of any of Tuesady's, an affiliate’s, and/or a third party licensor’s proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on this Site are protected by U.S. and international copyright laws, both as individual works and as collections. You may not delete any copyright or similar notice from any information, documentation, and other content you obtain from this Site. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on this Site without the prior written consent of Tuesday. You may view, print, copy, and download portions of the information, documentation, and other content of this Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. Tuesday and its affiliates reserve the right to revoke this authorization at any time. When you upload, submit, or store any content (“User Content”) through the Site, you grant Tuesday a worldwide license to use, host, store, reproduce, modify, and create derivative works from the User Content to provide, support, and improve the Site. You acknowledge that User Content and information regarding your account will be processed by Tuesday and stored and processed using online hosting services selected by Tuesday. You represent and warrant that you have all necessary rights in, and obtained all necessary consents to, the User Content and the Third Party Services (described below), to grant Tuesday the rights granted under this Section, and to allow Tuesday to perform the Integration Services (described below).
Registration and Accounts
Only you may use your Tuesday account. You agree to keep your accounts and passwords confidential at all times and not authorize any third party to access or use Tuesday on your behalf, including providing your account information to third-party websites to access your Tuesday account. You are responsible for all activity that takes place within your account. At any time, Tuesday, in its sole discretion, may disable or delete any account registered on the Site for any reason. By registering to the Site, you agree to provide any verification information as required by Tuesday to comply with various United States laws, including, but not limited to, the United States Patriot Act. You agree to be bound by policies of third parties including networks, bank card associations and banks used to process payments. You agree to forever release and hold Tuesday harmless from any cost, damage, or other injury that may arise out of the relationship between you and your financial institution or otherwise out of your agreement with your institution. Some third parties may require a direct agreement with a Donee. If a direct agreement between such a third party and a particular Donee is required, Tuesday will make reasonable efforts to facilitate the execution of such agreements between both parties. Tuesday reserves the right to disable or delete a Donee’s account if Donee is unable to enter into a direct agreement with third party, as required by the policy of said third party.
Links
This Site may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your own risk. Tuesday does not endorse, and Tuesday is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. Tuesday is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. Tuesday shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. Tuesday shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.
Service
The Services comprise mobile applications and related services (each, an "Application"), which enable users to solicitate for funds thru Donation campaigns, pear to pier, and not limited to all activities for raising funds, post products and services for silent auctions, raffles. Also delivery services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with Tuesday or certain of Tuesday’s affiliates ("Third Party Providers"). delivery services for an upfront price, subject to acceptance by the respective Third-Party Providers. Unless otherwise agreed by Tuesday in a separate written agreement with donor, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN PRODUCT OR SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH TUESDAYAS A PROVIDER OF GOODS AND SERVICES.
Pay Services
Certain services made available over the Site may be offered on a recurring fee basis (hereinafter referred to as a “Pay Service”). You agree to pay all the fees applicable to any purchased Pay Service, including any fees associated with the use of such Pay Service and any payment service fees listed on the accept payment page together with all applicable taxes (collectively, the “Fees”). Fees shall apply to Donees only. Tuesday is free to Donors. Unless otherwise indicated on the relevant Pay Service description page, all Fees for a Pay Service will be billed immediately to the credit card designated by you and are non-refundable. Tuesday reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages of the givelify.com Site related to the use of the Pay Services. For information on Payment processing visit (https://www.Stripe.com/). Please visit (https://payments.tuesday.app/terms).
Donations
Transaction Fees. The services provided under this Agreement for Donees are subject to payment of fees by Donees (“Fees”). The amount of the Fees are posted on the Site. Tuesday reserves the right to off-set from each Payment the applicable Fee before settling such Payment to a Donee. Donor Refunds. Donee agrees that Tuesday may, in its sole and absolute discretion, offer a refund to a Donor for a Payment in the event that the donor provided it to an incorrect organization, the organization is fraudulent, or in other situations where Tuesday determines in its sole discretion that the transaction should be refunded. Except as otherwise set forth herein, to be eligible for a refund, Donors must submit a request within thirty (5) days of providing any Payment, to support@Tuesday.app with the Subject “Refund Request” and include the purchaser’s Tuesday username and transaction information. Tuesday will make commercially reasonable efforts to respond within ten (10) days of any such request but does not guarantee that the refund will occur. After such ten (10) day period, if the matter is not resolved to the entire satisfaction of the Donor, Donor shall address Donee directly and Tuesday shall have no liability in respect of the Payment except and to the extent required under the Rules. Disbursements. Payments received by Donee, through its agent Tuesday, shall be settled to Donees, less applicable Fees by automated clearing house (“ACH”) transaction, pursuant to the rules and regulations of NACHA or by such other means as Tuesday may elect to use.
Cryptocurrency Donations to Nonprofits
By using our services, you agree to Wyre Payments, Inc. User Agreement and Privacy Policy.
Integrations Generally
his section applies to any Integration Services (defined below) that are not otherwise governed by separate terms and conditions. “Integration Services” means any services related to the integration of the Site or any portions thereof, with any other third-party services (“Third Party Services”), as requested and directed by Donee. Tuesday is not obligated to, and shall provide any Integration Services at its sole discretion. Donees shall be solely responsible for identifying any Third Party Services, and any dealings with such Third Party Services are between Donee and the Third Party Services and may be subject to additional terms provided by such Third Party Services. Donee agrees that by using such Third Party Services, Tuesday is not liable for any loss or claim that it may have against any such Third Party Services.
Third Party Services and Content
The Services may be made available or accessed in connection with third party services and content (including advertising) that Tuesday does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Tuesday does not endorse such third-party services andcontent and in no event shall Tuesday be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft
Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary'sterms of service.
Content
When Donee uploads, submits, or stores any content (“Donee Content”) through the Site, Donee grants Tuesday a worldwide license to use, host, store, reproduce, modify, and create derivative works from the Donee Content to provide, support, and improve the Site. Donee acknowledges that Donee Content and information regarding Donee’s account will be processed by Tuesday and stored and processed using online hosting services selected by Tuesday. Donee represents and warrants that it has all necessary rights in, and obtained all necessary consents to, the Donee Content and the Third Party Services, to grant Tuesday the rights granted under this Section, and to allow Tuesday to perform the Integration Services.
Responsibilities
Tuesday is not responsible: For any electronic communications and/or Donee Content which are delayed, lost, altered, intercepted or stored during the transmission of any data by means of third-party networks; The operation, availability, functionality, or use of any Third-Party Services; Product and Services purchased For Breach. any and all not limited to customer personal Data, Payment information, card information For acquiring any rights, title, interests, and/or licenses to any Third-Party Services, as may be required in order to perform the Integration Services; Or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third-Party Services, or these Integration Services.
Disclaimer of Warranties
O THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Tuesday DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE SITE HAS NOT BEEN VERIFIED, AND Tuesday DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID. Tuesday DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
Access and Use of the Service
User Accounts. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Tuesday certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Tuesday. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Tuesday in writing, you may only possess one Account. User Requirements and Conduct. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive product or services from Third Party Providers unless they are Approved by you or legal Gradian. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., products and services listed in Prohibited services and products section of Tuesday). If you fail to comply with these Terms (including policies and supplemental terms), you may be denied access to or use of the Services and Tuesday may charge you any and all fines and fees arise from failure to comply with these Terms. In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification. Text Messaging, Push Notification, Telephone Calls. You agree that Tuesday may contact you by telephone, Push Notification, and or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Tuesday account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing goods or services. You also understand that you may opt out of receiving text messages from Tuesday at any time, by texting the word "STOP" to the mobile device that is receiving the messages, or by contacting Info@Tuesday.app. If you do not choose to opt out, Tuesday may contact you as outlined in its User Privacy Statement, located in the privacy disclosure. Tuesday may, in Tuesday’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Tuesday through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Tuesday, you grant Tuesday a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Tuesday’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Tuesday the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Tuesday's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Tuesday in its sole discretion, whether or not such material may be protected by law. Tuesday may, but shall not be obligated to, review, monitor, or remove User Content, at Tuesday's sole discretion and at any time and for any reason, without notice to you. Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Tuesday does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Limitation of Liability
USE OF THE SITE IS AT YOUR SOLE RISK. INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER TUESDAY, NOR ANY OF TUESDAY’S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “Tuesday ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF TUESDAY OR A TUESDAY ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH TUESDAY IS TO STOP USING THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, TUESDAY’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO TUESDAY IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM. THE SITE IS CONTROLLED, OPERATED AND ADMINISTERED BY TUESDAY FROM ITS OFFICES WITHIN THE UNITED STATES. TUESDAY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. YOU MAY NOT ACCESS THE SITE FROM A LOCATION OUTSIDE THE UNITED STATES. TUESDAY MAKES NO WARRANTY ON VALIDITY OR LEGITIMACY OF THE ACTIVE OR NON-ACTIVE “NOT FOR PROFITS”, “NONPROFITS”, ORGANIZATIONS LISTED ON THE TUESDAY APP AND WEBSITE. NOTHING IN THE FOREGOING LIMITATIONS OF LIABILITY SHALL LIMIT THE LIABILITY OF TUESDAY TO SETTLE TO DONEE THE AMOUNT OF EACH PAYMENT RECEIVED BY DONEE THROUGH TUESDAY AS ITS AGENT, LESS APPLICABLE FEES OR OTHER LIABILITIES OF DONEE TO TUESDAY HERE UNDER.
Indemnification
You agree to indemnify, defend, and hold harmless Tuesday, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you, donations made by you, and/or donations received by you in connection with the Site or any use of the Site in violation of this Agreement.
Notices
Where required, Tuesday may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to Tuesday by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with Tuesday, please e-mail or write to: Tuesday INC. 7041 GRAND NATIONAL DR. SUITE 121 ORLANDO, FL 32819 USA Tuesday welcomes your questions and comments.
Miscellaneous
The laws of the State of Delaware shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties shall submit to the exclusive jurisdiction and venue of the federal and state courts located in the State of Indiana for any action arising out of these Terms or use of the Site. Tuesday may revise these Terms at any time, and such modifications will be effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications. If you no longer agree with the Terms of this Agreement after any such modification, you may opt-out of the Site by halting your access to the Site and including in a notification to us your username and a declaration of your intention to opt-out. Upon receiving such notification from you, Tuesday will suspend your account. Notwithstanding any provision of these Terms, Tuesday has available all remedies at law or equity to enforce these Terms.
Privacy Policy
This Privacy Policy describes how we handle your personal information for our services on the Tuesday websites, tools, mobile applications, and services. It applies generally to the events. Tuesday .com website (the “Tuesday Events”) the Tuesday Apps for iPhone, iPad and Android, (the “Tuesday Apps”) and other related websites where this policy appears in the footer of the page or where it is referenced as part of our Terms and Conditions (the “Tuesday Service”). The policy that applies on any of our domains or subdomains is always the policy that appears in the footer of each website. By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon acceptance for new users and is otherwise effective on January 1, 2021.
Text Messaging Policy
- Opt-In to Receive Text Messages : By providing a telephone number at the payment method form and checking the box to receive text messages, the user opts-in to receive text messages from Tuesday.
- Purpose of Text Communications: Text messages sent by Tuesday will be used for the following purposes:
- Informing the Donor about being outbid in auctions, provided the user participate in such auctions.
- Donation links requested by user.
- Opt-Out Policy: Donors may opt out of receiving text messages from Tuesday at any time by following the opt-out instructions provided in the text messages (Replying STOP to unsubscribe) or by updating their preferences in their user account settings.
- Standard Messaging Rates: Donors are advised that standard text messaging rates as specified by their service provider will apply to all text messages received from Tuesday.
- Liability and Message Security: While Tuesday endeavors to provide timely and accurate text message notifications, it does not guarantee the delivery or accuracy of the contents of each text message. Tuesday is not responsible for messages that are delayed or not received. Donors are responsible for ensuring the security and privacy of messages received on their devices.
Collection
Tuesday is an online events, auctions and fundraising platform for organizations to host online and in-person events and for end-users to find events, register, bid and or donate to charities. You can browse our sites and download our mobile applications without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. You acknowledge that we transmit data to and store data in servers located in the United States which may have different data privacy laws than your home country, and you expressly consent to the transfer and storage of that information on our servers located in the United States. If you register for our services on the Site, we will collect your first and last name, email address, mobile phone number, and if the seller at an auction requires it, your mailing address and valid credit card information. We use this information to provide you our services. We collect and store the following information: Transactional information based on your activities on the sites (such as bidding, donating, adding information, buying, or any items or content you upload or generate or that relates to your account); If you setup a personal account with us, we collect your name, email address and mobile phone number and may ask you for your mailing address. If you register for any event, regardless of whether you place a bid, donate or purchase anything, we will share your name, email, and phone number (if available) with the organization who is running that event. This is done so that they may contact you regarding your registration. If you create any fundraising pages for an organization hosting a fundraiser with us, we will collect and store any photos you upload for your page or your account. We will also store any content you post to your page and any videos you link to your page. If you donate or purchase items with any event on our site and choose not to create an account, we will still capture and store your name and email address for reporting purposes to the organization who receives the donation. Shipping, billing and other information you provide to purchase or ship an item; Your email address and name or any other information, including personal information that you provide to us through online support chats, community discussions, email tickets for issue resolution, blog comments, or any other correspondence through our sites, and correspondence sent to us; other non-identifiable information from your interaction with our sites, services, content and advertising, including device ID, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information; additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you have purchased, an auction in which you have participated, a donation you have made, or a bid that you have placed); information from other companies, such as demographic and navigation data; and other supplemental information from third parties (for example, if you incur a debt to Tuesday , we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law). Transactional and other information from the use of your mobile device to access and use our services, such as bids, what auctions you’re associated with, purchase information, and geographic information. If you do not want us to collect information about you, you can simply decide not to submit it to us. If you choose to decline to submit such information, you may not be able to take advantage of all of the services and products offered on the TuesdayEvents, Tuesday Apps and Tuesday Service. Removal of Your Information from an Organization At any time, you may view the current list of organizations who have run events on Tuesday, that have access to your information. For each organization, you can request the nonprofit to remove you from the list. Tuesday does not have access to the nonprofit’s donor database. However, we will maintain your main account information with Tuesday.
Removal of Account
Anytime, you may also remove your account from Tuesday . To do this, please email info@Tuesday.app, and we will promptly remove your account for you. Make sure to provide your Donor ID.
Bidding and Donations
When you register directly with Tuesday, your information is not shared with any organization until you Finalize a transaction of sort not limited to Auctions and Donations. Upon Finalizing the transaction, your information will be shared with the organization hosting the event and will be visible to their employees and assigned managers who are operating Tuesday ’s backend auction manager. If you decide to “Bid” in any Tuesday auction, you will be assigned a Donor ID for that auction. Within the auction, you will be (by default) identified to other bidders by your Donor ID. You have the option to use your name instead of your Donor ID. Your name will be able to be viewed by any other participants in your auction you will be identifiable by participants. Using your Donor ID will hide your name from public view; however, the event hosts and any other people they assign as “managers” in their Tuesday account will have access to your name, email, and if you provided them: phone number and address.
Credit Card information
Tuesday does not collect, store or otherwise maintain any credit card information from individuals who make a donation through the Site. Donations, including information associated with your credit card, are processed by our partners: Stripe solution LLC. (https://www.Stripe.com) Our merchant partners utilize a secure tokenization method to capture and process credit card transactions through our website, manager, and mobile apps. When you enter in a credit card through our interface, your credit card information is immediately and securely transferred to Tuesday ’s merchant processor and an authorization for $0.00 is secured inorder to validate your credit card. Never does your credit card information pass through Tuesday ’s servers and never is your credit card information saved in Tuesday ’s databases. In addition, Tuesday employees and contractors and any organization using Tuesday does not have access to your credit card information. The only persons who may have access to your credit card information would be individuals that you personally hand your card to at an event or organizations who you provide your credit card information over the phone. In those cases we would recommend you never let your credit card leave your sight; and, we recommend you not share your credit card with anyone over the phone, physical medium (form handed to you) or remote medium (e.g. email, chat). When a card is entered through Tuesday and securely transferred to a merchant, our merchant processor returns a secure token to Tuesday that we can store and use for future transactions against your card. For your convenience, we store this token so that you are not required to re-enter your credit card information. You can remove this token in Tuesday by removing your “Card on File” shown on your Tuesday account. It is important to note that charities can restrict bidding or purchases to only individuals with a credit card on file. In those cases, if you have unpaid purchases, Tuesday will prevent you from removing your card until you pay for those purchases. You can, however, add in a new payment method and remove the original one.
Marketing
We don’t sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. If you don’t wish to receive marketing or research communications from us or participate in our surveys, simply indicate your preference by following the directions provided with the communication or advertisement or by emailing to info@Tuesday.app. However, you should understand that any organization on our platform that is running an event (auction, fundraiser or other type of event) will have access to your personal information if you choose to Register for that event. These organizations may use that information for their own purposes.
Use
We use the information we collect from you, including your personal information, to provide you our services, allowing you to register, purchase items, bid, donate, and otherwise interact with organizations and their staff and guests. Additionally, you agree that we may use your personal information to: provide customer support you request. resolve disputes, collect fees, and troubleshoot problems. prevent, detect, and investigate potentially prohibited or illegal activities, and enforce our User Agreement; customize, measure and improve our services, content and advertising. tell you about our services and those of our corporate family, deliver targeted marketing, service updates, and promotional offers based on your communication preferences; and compare information for accuracy, and verify it with third parties; contact you regarding transactions and fee collections to the telephone numbers or e-mail addresses you have provided us; and other uses as described when we collect the information; if you choose to receive push notifications or text messages, notify you if you are outbid on an auction item; share your name, email address, phone number, and mailing address with any organization with whom you register; send you a receipt confirming your purchases, donations and bids. combine your data with other data we collect or obtain. aggregate non-identifiable data arising from the use of our site and services for our business purposes. use demographic data obtained through the service and third parties to improve our service.
Registration and sharing through third-party services
We may offer single sign-on services that allow you to use third party login credentials to sign into Tuesday. With your permission, Tuesday may also transfer to Tuesday profile information contained in your third-party profile. Tuesday may also, for your use, enable you to import information about who you are connected to, as well as enable you to share information with those third-party sites. If you wish to discontinue such sharing, you will be able to do so by emailing to info@Tuesday.app.
Our Disclosure of Your Information
We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations. We may also share your personal information with: Service providers under contract who help with our business operations (such as fraud investigations, bill collection, credit card processors, affiliate and rewards programs and co-branded credit cards). Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service), including the selling party that is offering goods through an auction; Law enforcement, governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other Tuesday user to legal liability. In such events, we will disclose information relevant to the investigation, such as name, city, state, ZIP code, telephone number, email address, User ID history, IP address, fraud complaints, bidding and payment history, and anything else we may deem relevant to the investigation. Other business entities, should we plan to merge with or be acquired by that business entity. (Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.) Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
Information You Share on Tuesday
Your Donor ID is displayed while you are logged into Tuesday Events and within our mobile applications (and so available to the public) and is connected to all of your Tuesday activity for that event. Other people can see your bids under your Paddle ID. If you share your Paddle ID, you will no longer be anonymous to those with whom you share it. Moreover, Tuesday will store login and session information as Cookies within the browser you use to access Tuesday Events. If you are on a shared computer, others could have access to your account if you do not properly logout of your account. Also, Tuesday will send live alerts and notifications to your browser or phone. If you access the Tuesday Events or Tuesday Apps from a shared computer or device, certain information about you, such as your user ID, activity or reminders from Tuesday , may also be visible to other individuals who use the computer or device after you.
Using Information from Tuesday
Tuesday enables you to share personal information with the selling party in order to complete transactions and for the seller to collect payments. We encourage you to disclose your privacy preferences and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of the seller before entering into a transaction and choosing to share your information. For the avoidance of doubt, sellers will have access to your name, User ID, email address and other contact, payment, and shipping information.
Privacy Obligations of the Seller
Hosting an auction or event on Tuesday designates you as a “seller” with respect to this Privacy Policy. As a seller, you will have access to a buyer’s name, email address and other contact, payment and shipping information. In all cases, you must give bidders a chance to remove themselves from your database and a chance to review what information you have collected about them. You agree to use user information only for: Tuesday transaction-related purposes that are not unsolicited commercial messages. using services offered through Tuesday (such as escrow, shipping, and fraud complaints), or other purposes that a Tuesday expressly chooses.
No Spam, Spyware or Spoofing
We and our users do not tolerate spam. Make sure to set your Tuesday communication preferences so we communicate to you as you prefer. To report Tuesday -related spam or spoof emails to Tuesday, please forward the email to info@Tuesday.app You (including Sellers) may not use our communication tools to send spam or otherwise send content that would violate our User Agreement.
Account Protection
Your password is the key to your account. For passwords, we recommend using a multi-word pass-phrase that you can easily remember, and do not disclose your Tuesday password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Tuesday and change your password. Accessing, Reviewing and Changing Your Personal Information You can see, review and change most of your personal information by signing on to Tuesday website or the Tuesday Apps and viewing your Profile. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. As mentioned above, upon your request we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Tuesday User Agreement, and take other actions otherwise permitted by law.
Security
Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
Third Parties
Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are bidders, organizations, donors, buyers or sellers on our sites or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. Tuesday does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.
Children
Although our website is a general audience site, we restrict the use of our service to individuals who can legally contract. We do not knowingly collect personal information from children under the age of 13.
General
We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are initially posted on the site. If you have additional questions and are not able to get them answered via info@Tuesday.app
Privacy Policy
third party login credentials to sign into Tuesday. With
your permission, Tuesday may also transfer to Tuesday
profile information contained in your third-party profile.
Tuesday may also, for your use, enable you to import
information about who you are connected to, as well as
enable you to share information with those third-party
sites. If you wish to discontinue such sharing, you will be
able to do so by emailing to info@Tuesday.app.