Fundcreature.com

Terms and Conditions

TERMS OF SERVICE
 
 

Terms and Conditions

Welcome to Fundcreature.com – we ask that you please read the following terms and conditions.  Your use of this website and purchase of a Fundcreature.com voucher (hereafter referred to as “Voucher”) throughout this website is conditional upon your review and acceptance of these Terms and Conditions and including all policies stated on all Fundcreature.com websites including www.fundcreature.com (referred to hereafter as “website”).

IN USING THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS AND ALL POLICIES STATED ON THIS WEB SITE; IF YOU DO NOT AGREE, PLEASE DO NOT USE THE WEBSITE

Prior to buying a Voucher you must register and open an account with Fundcreature.com. A voucher will not be issued to you without knowing pertinent information about you, including, your identity, your method of payment and details, and your contact information.

This legal notice is subject to change and may be updated, edited or revised without notice at any time.  We ask that you review this information periodically to ensure that you are up-to-date with all terms & conditions and legal disclaimers, as they are binding and address governing rules, regulations and stipulations. Explicitly designated legal notices or terms can supersede some provisions of this legal notice, which may be located on particular pages on the Website

1. About Us

Fundcreature.com operates our “Website” and all related microsites.  We are registered as an LLC partnership in the state of Illinois. We negotiate unique promotions (hereafter known as “Promos”) with various suppliers of services and/or products (hereafter referred to as “Vendors”) at discounts, and offer those Deals to our valued buyers.

2. Purchasing Vouchers

Fundcreature.com negotiates offered products and services which are referred to in these Terms and Conditions as Promos with suppliers of goods and services for the benefit of our customers. The Promos are conditional on certain requirements being met.   Specific terms and conditions related to Promos will be described in relation to any specific Promo featured on our Website and corresponding Vouchers.

3. Selecting Organizations

While Fundcreature.com embraces the end user’s choice of a nonprofit organization to direct funds to, we reserve the right to disapprove, without notice or reason, any and all nonprofit organizations which we deem harmful to Fundcreature.com’s brand, and/or contradict the company’s core ideals.  

4. Changing Organizations

After the date of purchase, the end user has the right to change their selected organization for up to three calendar days.  At the end of the three calendar days, monies designated to the chosen organization are final.  It is the sole responsibility of the end user to notify fundcreature.com by email at support@fundcreature.com, their intention to change their organization within the three calendar day period.   The end user is responsible for submitting the name of their newly selected nonprofit organization, which will then be reviewed by our compliance department.  If the newly submitted organization is accepted, no further action is required.  If the fundcreature.com compliance department does not approve the submitted organization, the end user will be notified as such, and then will be asked to submit an alternative nonprofit organization for review.

5. The Merchants

Fundcreature.com is not the supplier of the goods and/or services that are featured on our Website. Products and/or services, which are advertised on Fundcreature.com, are delivered by the Merchant, on whose behalf we issue the Vouchers.  The Merchant claims ultimate responsibility for ensuring the proper tracking of redeemed Vouchers.  For each posted Promo, the Merchant has agreed to ensure timely update of all redeemed Vouchers (within 24 hours of redemption) that were purchased from this Website. Merchants are wholly responsible for all losses associated with ensuing illegitimate actions of Voucher holders, when they fail to comply with the timely update clause.

6. Your Interactions with Us

When placing your order through our web site, you agree that:

  1. You are legally capable of entering into binding contracts.
  2. You agree to the terms and conditions set forth on the particular Promo;
  3. You are at least 18 years old (or age of majority within the jurisdiction in which you reside);
  4. You grant us an irrevocable non-exclusive license to use for any purpose any content you post on our web site or otherwise communicated to us via any medium.

How the contract is formed between you (Buyer) and us (Fundcreature.com): When you make a purchase on our Website, we will send to you the Voucher you have purchased following the receipt of payment from you in respect of the transaction. Should there be unforeseen circumstances preventing smooth operation of the Website, the Vouchers will be e-mailed to you, the buyer within 5 hours of closure of the deal.

7. Timely Update

The Merchant takes full responsibility for ensuring that the Promo and the goods and/or services provided thereunder comply with all applicable laws.  Under these Terms and Conditions, Fundcreature.com acts solely as an intermediary, which issues Vouchers for a Promo that Buyers redeem at the specified Merchant. Products and/or services are not delivered by Fundcreature.com, nor does it assume any responsibility for any actions and/or damages that ensue as a result due to the delivery (or the lack thereof) of the products and/or services by the Merchant.  It is the sole responsibility for all Merchants featured on Fundcreature.com to supply such products and/or services to the buyer of Vouchers.   All Merchants agree to ensure  that all redeemed Vouchers in respect of the product and/or service are updated within a 24 hours of redemption. The Merchant shall be responsible for all ensuing potential losses resulting from the failure to update redeemed vouchers within the said 24 hours period.

You agree to indemnify and hold Fundcreature.com its, directors, officers, shareholders, predecessors, employees, successors in interest, subsidiaries, agents and affiliates, harmless from any demands, liability, loss, claims or expenses (including attorneys’ fees), made against Fundcreature.com by you, or any third party due to or arising out of or in connection with your use of the Website, the purchased Voucher, and/or the provision/delivery of products and/or services by the Merchant to the maximum extent allowed by the law. Neither Fundcreature.com nor its officers, Affiliates or employees may be held liable whether in relation to contract, warranty, tort (including negligence), product liability, tax matters or any other form of liability for any claim, damage or loss, arising from or relating to the provision of all or any goods or services sold or agreed to be supplied pursuant to the Promo.

From time to time, Fundcreature.com may provide links on our Website to the websites of other companies, whether affiliated with us or not. We offer no assurances, that any products or services that are purchased by you from

third party sellers, or from companies who we have give you a link to on our Website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller(s) and/or disclose your customer information related to the Voucher that you have purchased for the Promo to the Merchant.

8. Buyer’s Rights

If you are contracting as a Buyer, you may cancel a Voucher at any time within ten working days, beginning on the day after which you received the Voucher (provided that you have not redeemed the Voucher for the goods and services under the Promo in that time). We will acknowledge your intent to cancel by email, site, or phone call. Once we have received your intention to cancel a Voucher, you will receive a full refund of the price paid for the Voucher in accordance with our Refund Policy. Your cancellation of any Voucher must be submitted in writing via e-mail. You must destroy any cancelled Voucher along with the cancelled unique identifying number held electronically or in printed form. This provision does not affect your statutory rights.

9. Price Determination and Payment Processing

In circumstances where there is an error in pricing in relation to the Promo which could have been reasonably recognized by you as a miss-pricing, then we have the right to cancel any Voucher issued relating to the Promo and a full refund shall be issued in respect of the same.

Payments for all Promos and/or Vouchers shall be made only by a major credit card. When you offer to buy a Voucher, your credit card we will pre-authorized but your credit card will only be charged when the Promo time runs out and the Promo is no longer available on the site.

10. Our Refund Policy

 

The Fundcreature Promise

Your complete satisfaction with Fundcreature.com is our top priority.  If, at any time you feel your experience with Fundcreature.com, or any of our featured businesses was unsatisfactory, we want to hear from you! Give us an opportunity to get things right and make you happy.  We value any feedback, whether it is good or bad.  That being said, we would love to hear about your good experiences too!  Each day we strive to get rid of the things that don’t work, while improving on the things that our customers love. So please share your thoughts with us!  For compliments (or concerns), send us an email at  support@fundcreature.com,  or call us at 1-630-239-2308.  We want to hear from you!

Refund Guarantee

We guarantee that if you have any problems with a voucher that you purchased from Fundcreature.com, we will give you a full refund within 10 days of purchase, and a full Fundcreature.com credit within 30 days of the purchase. In the event that you are not able to use the voucher, because the merchant changed management, or simply is no longer in business; we will provide you a full Fundcreature.com credit.

Limitations

If you haven’t used your promo before it expires, unfortunately, there is little we can do to help you.  Also, please make sure that you always review the Fine Print of any promos, because it may supercede our Refund Policy (particularly with products or event-related promos). 

In rare circumstances, when we have determined there may be an abuse of our Return Policy, Fundcreature.com reserves the right to block additional purchases and/or deny refunds to those who have a history of excessive or suspicious returns. 

How Do I Get My Refund?

Just send us an email with all your details to: support@fundcreature.com, and we will work to make sure that the full value of your promo is returned to you in a timely fashion!

11. Content Control

Sharing the content on our Website is fully permitted so long as you use the sharing tools which are provided to you on the Website within your account options.  Printing, sharing and/or distributing content from our Website with you friends is also permitted, provided that:

no documents or related graphics found on the Website are modified in any way; no graphics on the Website are used separately from the corresponding text; and our copyright and trademark notices and this permission notice appear in all copies.

Unless stated otherwise, all copyright and other intellectual property rights relating to all materials on this Website (including documentation, text, graphical images, and photographs) are the sole property of Fundcreature.com and/or our licensors. As such, any illegal or previously authorized use, extracts, or distribution of the material contained on the Website and these Terms and Conditions is strictly prohibited. Your breach of any of these terms in this legal notice, will result in your automatic termination from using this Website, in addition, any and all obtained materials from this Website will immediately be destroyed.

Subsequent to these Terms and Conditions, no conceptual, graphical, textual, or functional part of this Website shall be digitally or otherwise reproduced, stored, or distributed on any other form of document, media, and/or communication available either via private or public media without prior written authorization from Fundcreature.com.

Fundcreature.com reserves any rights that are not explicitly approved under these Terms and Conditions.

12. Access to the Website

Fundcreature.com endeavors to maintain the Website’s full, uninterrupted functionality 24 hours per day. However, we shall not be liable if the Website becomes inaccessible for any reason during any period of time. Unforeseen variable factors can potentially limit access to the Website’s content, or the Website itself may become unavailable for any period of time without notice in cases of system compromise or system failure, periodic repairs, maintenance, or any reasons beyond Fundcreature.com’s direct control.

13. Visitor material and conduct

Any and all materials posted on any Website portion by you are considered to be public and non-proprietary, with the exception of personal and payment information that is outlined in detail in the Privacy Policy.  Fundcreature.com reserves the right to store this data on its servers. All of Fundcreature.com’s agents shall be free to disclose, reproduce, and/or distribute this material without consent in both commercial and/or non-commercial purposes.

Fundcreature.com maintains no obligation or liability with regard to this material and you indemnify Fundreature.com of all possible actions or damages that may ensue as a result of disclosing this information on the Website.

14. Inappropriate Conduct

You are prohibited from posting or transmitting to or from the Website any material that is or can be considered as:

  1. abusive
  2. blasphemous
  3. defamatory
  4. discriminatory
  5. indecent
  6. inflammatory
  7. menacing
  8. obscene
  9. offensive
  10. pornographic
  11. racially discriminatory
  12. scandalous
  13. seditious
  14. threatening
  15. negatively provocative
  16. or any behaviour which may infringe, inconvenience or cause discomfort (whether physical or psychological) to any other individual or the rights of that individual or entity or which encourages illegal conduct and/or a criminal offence or otherwise contrary to your or Fundcreature.com’s operations local laws and statutes.

You may not transmit to Fundcreature.com any data which may be deemed to be technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You may not misuse the Website (including, without limitation, via hacking into our servers/data centers).

You may not record any audio conversation/s while corresponding with Fundcreature.com which can potentially be transmitted to a third party.

Fundcreature.com will fully co-operate with all law enforcement authorities or court order requesting or directing us to disclose the identity or locale of anyone posting any material in breach of these Terms and Conditions.

 

15. Externally and Internally Driven Links

From time to time, Fundcreature.com may post third party website links on its Website.  The purpose of these links is entirely for the convenience of the user and are not intended solely for relaying the information of one party through our Website. 

It should be known that Fundcreature.co has no control over third party websites and as such we waive any and all liability associated with any action and/or damages that arise as a result of actions by the third party. Therefore, let it be known, we do not endorse any or make any representations about the third parties or any material found on their respective websites. Your decision to access these third party websites, is done entirely at your own risk.

16. Registration

When you register for membership on Fundcreature.com, your registration is for a single user only. As such, our policy prohibits more than one (1) individual to be using the same registration. Your information you provide during your registration is used to process all purchases made on Fundcreature.com and to associate those purchases with your personal information. As such, we will not be held accountable for any user making purchases using the account login credentials sign-in and registration of another individual on our Website.  Sharing your user name and password with any other person nor with multiple users on a network is strictly prohibited. It is entirely your responsibility to maintain the security of the password which is used by you on Fundcreature.com. Your account may be subject to de-activation due to inactivity (greater than 1 year) under our policy. It may also be within our rights to auto-expire any/all credits in case of prolonged inactivity in a registered account.

17. Liability

We restrict our liability for any losses and/or damages you may suffer as a result of breach of this agreement and/or ensuing actions of the Merchant for which a Voucher was issued through our Website strictly to the purchase price of the Voucher.

Furthermore, you indemnify Fundcreature.com and any of its agents for any additional, indirect losses, which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms and Conditions by us that would entitle you to terminate the contract between us, including but not limited to:

  1. loss of income or revenue
  2. loss of business
  3. loss of profits or contracts
  4. loss of anticipated savings
  5. loss of data or
  6. loss of time

18. Suspension and Termination

If we determine, in our discretion, that there has been a breach of these Terms and Conditions based on your interactions with our Website, we may take such action as we deem appropriate to restrict, suspend, or terminate your access to our Website which includes, but is not limited to contacting the local law enforcement authorities and taking actions against you in court of law.

The following actions are typical of our responses to the breach of these Terms and Conditions and/or all other policies contained on our Website:

  1. Suspension or termination of your rights and access to use our website.
  2. Immediate deletion of any material that is posted, uploaded, or transmitted by you to our Website.
  3. If a suspension or termination is determined to be excessive, a warning will be issued to you explaining your actions and how they are in breach of our Terms and Conditions and/or other policies.
  4. Take legal actions against you for reimbursement of all costs on an indemnity basis (including, but not limited to,reasonable administrative and legal costs) resulting from the breach.
  5. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We will not be held liable for any actions taken in response to your breach of our Terms and Conditions. Fundcreature.com reserves the right to use other responses which it may deem appropriate that are not already specified in preceding sections a-e above.

19. Dispute Resolution Process

If you believe that any actions taken by Fundcreature.com, any of its stakeholders, or users of the Website are in breach of these Terms and Conditions or in any other way infringe on your rights, please send us a formal notice (hereafter referred to as a “Notice of Complaint”) via e-mail outlining your concern.

A Notice of Complaint should be sent by e-mail to: support@fundcreature.com

The Notice of Complaint should include the following details:

  1. the date
  2. the time and
  3. the listing of the comment(s)/content in question;
  4. the action that you wish us to take in respect of the comment(s)/content; and
  5. the basis of your complaint (e.g. a statement posted on our Website appears to be discriminatory, defamatory, abusive or otherwise in breach of these terms).

On receipt of the Notice of Complaint, we shall, in most circumstances:

  1. immediately suspend the comment(s)/content concerned;
  2. commence an investigation into it/them; and
  3. contact the user(s) concerned with outlining the specific reasons for the actions that were taken, including a summary of your Notice of Complaint (please note that your personally identifiable information will not be disclosed to any other party to maintain your anonymity).

These actions are intended to give the user in question an opportunity to make representations to us in connection with their comment(s)/content and any points you made in your Notice of Complaint; and requesting that they respond to us within 14 days.

If we do not receive a response from the user(s) within 14 days, we will permanently delete the relevant comment(s)/content, and/or take further actions as we deem necessary as outlined in the Terms and Conditions.

Once we have received a response from the user(s), we will make a decision within 21 days on whether to reinstate the comment(s)/content, permanently delete it/them or keep it/them suspended pending further investigation.

Once we have taken our decision, we will notify you and the user(s) concerned as soon as possible. When notifying you of the decision, we will attach a copy of the user(s)’ representations (if any), redacted to protect their identity.

For the purposes of openness and fairness, we will send copies of all relevant correspondence addressed to it to all parties, again redacted where appropriate to protect the user(s)’ identity.

20. Revisions to these Terms and Conditions

We reserve the right to revise / edit / change these Terms and Conditions from time-to-time as we see fit and depending on market conditions such that all stakeholders of Fundcreature.com are protected appropriately. We do this to ensure that our business, changes in technology, laws, and regulatory requirements are upheld and adhered to as closely as possible.

It is your responsibility to check these terms and conditions from time-to-time in order to ensure that you are aware of any and all changes that have been made. We are not responsible for notifying all users of our Website of any changes made in our Terms and Conditions. Some notices that are published elsewhere on our Website may supersede the statements outlined in these Terms and Conditions. Those notices will be considered binding between you and Fundcreature.com

21. Law and Jurisdiction

This Agreement and any dispute arising out of it will be governed by the laws of the state of Illinois and the laws of the United States of America (hereafter referred to as “Federal Laws”). Any dispute or claim arising out of or in connection with this Agreement or its formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts with jurisdictions over state of Illinois or Federal Laws.

22. Questions or Concerns

If you have any questions or concerns about these Terms and Conditions or any part of Fundcreature.com’s policies please contact us directly via e-mail at: support@fundcreature.com  We will respond to your query within 5 business days.

23. Contact Information

If you have any questions or need further information as to the Website or Service provided by Fundcreature.com, or need to notify Fundcreature.com as to any matters relating to the Website or our Services, please contact Fundcreature.com at:

Legal Department

Fundcreature

500 N. Randall Rd., Ste. 1599

Batavia, IL 60510

Email: support@fundcreature.com

Phone: 630-239-2308