Privacy Policy


Published and effective as of January 1, 2019.

This Privacy Statement (“Privacy Statement”) explains how Delicious Donations, LLC (“Delicious Donations,” “us,” “our,” and “we”) uses your information and applies to all who use our website – www.deliciousdonations.com, mobile applications, touch technologies, electronic services, social networking sites, interactive features, online services – or any of our described online activities we own or control, including any online activities owned, controlled, or operated by Delicious Donations Affiliates, (collectively, the “Site”). In addition, please review the Site’s Terms of Use which governs your use of the Service, and includes, among other things, grants of rights from you, limits on our liability and your remedies, mandatory arbitration, and waiver of jury trial and class actions. By using our Site, you agree to our Terms of Use and consent to our collection, use and sharing of your information and data, and other activities, as described below.

By using the Site, you agree to the terms of this Privacy Statement. If you do not agree with the practices described in this Privacy Statement, please do not provide us with your personal information or interact with the Site.

We may modify this Privacy Statement at any time. If we make any material changes, we will notify you by email (sent to the email address specified in your account) or by means of notice on the Site prior to the change becoming effective. You can determine when this Privacy Statement was last revised by referring to the "Effective Date” above.

This Privacy Statement is organized as follows:

Information We Collect

We collect information, including Personal Information and Non-Identifiable Information when you interact with us and the Site, for example when you:

  • access or use the Site;
  • create an account with us;
  • open or respond to our e-mails;
  • refer people to us;
  • contact customer service;
  • visit any page online that displays our ads or content;
  • purchase products or services on or through the Site;
  • connect or link to the Site via social networking sites;
  • post comments to Online Communities and
  • provide information to our Vendors.
This Privacy Statement does not apply to the collection of information in any way other than as listed above.

How We Collect Information

We collect information as you provide personally identifiable information by filling out and submitting an online customer profile form. We also collect information as you use the Site.

How We Use the Information

Your name is used for identification purposes.

Your email address is collected to send you an email message to activate your registration, to confirm your new user registration, and for each transaction you transact online. It is also shared with groups with whom you transact on the Site. As a user you will occasionally receive email updates from us about special offers, new Site services, and other noteworthy news items. You may always decline to receive these email messages. Please see our opt-out policy described below.

When you buy or use certificates, your name and email address appear on reports that we provide to groups (nonprofits and companies). These reports are primarily used by groups to confirm payments we have made or owe.

To help us send more relevant communications to you (if you choose to receive any from us), we may keep track of all Site visits.

Your phone information is collected to send you a verification text when you gift certificates to others. If you are a group administrator, it is also provided to Site users interested in doing business with your group.

Your password is used to permit access to the Site.

On rare occasions it is necessary to send out service-related announcements. For instance, if our service is temporarily suspended for maintenance we might send users an email.

We communicate with users on a regular basis to provide requested services and, in regards to issues relating to their account, we reply via email or phone if you so direct us.

IP addresses, browser type, domain names, access times, duration of visit, referring URL, platform, new/repeat information, timestamp, and exit page information as you access and use the Site is gathered is for statistical purposes so that we may analyze trends and performances over time. It will not be shared with third parties.

We may share aggregated demographic information with affiliates, vendors and advertisers. This is not linked to any personally identifiable information.

Country and city of residence, postal code, date of birth, IP addresses, browser type, domain names, access times, duration of visit, referring URL, timestamp, and exit page information will be used only by Delicious Donations.

If there is a billing related to your account, we will collect necessary billing information, as required by the provider (i.e., payor service) used, including, but not limited to, the payment card number; the cardholder's name; the associated billing address; the expiration date; and the type of card.

We use Stripe for payment, analytics, and other business services. Stripe collects identifying information about the devices that connect to its services. Stripe uses this information to operate and improve the services it provides to us, including for fraud detection. You can learn more about Stripe and read its privacy policy at https://stripe.com/privacy.

Your Choices

Users can change their personal information on the user profile pages of the Site. Users can also submit a comment to our customer service department or contact us by telephone at the contact information listed within the Contact Us page found under the Contact Us link.

Users who no longer wish to receive our newsletter and promotional communications may opt-out of receiving these communications by unchecking the related checkbox under the Notification Preferences link in the Account menu.

With Whom We Share

Absent compelling circumstances, we only voluntarily share information with affiliates, groups and vendors. We have not placed limitations on our affiliates or vendors with regard to using or disclosing your information without your permission. We encourage you to review the information privacy practices of any affiliates to whom you link through the Site. We will also share information with third parties as a compelling circumstance if compelled by law, to prevent fraud, to protect other users or affiliates, or if necessary to enforce the Terms of Service. We may share aggregated, non-personally identifiable information, of which your personal information is a part, for our business purposes, but not in a manner that discloses your individual information as associated with you. We will share billing related information as necessary with the payor service for the purpose of facilitating the financial transaction.

Security

We take precautions to protect our user's information. When users submit sensitive information via the Site, their information is protected both online and off-line.

The Site maintains data handling and storage practices and procedures that are designed to maximize the integrity and confidentiality of customer information. When you upload information on the Site, you are doing so in an environment which we strive to keep safe and secure. Payment information is transmitted online using industry standard security measures called secure socket layer encryption (ssl) and we do not maintain a record of your full payment card number. Current internet security methods and technologies are used to prevent unauthorized access, maintain data accuracy, and ensure correct use of information. This means that information such as payment information is encrypted, sent through the internet as a jumbled code, then decoded and passed on to the Site's secure systems. These safeguards are expressly implemented for the purpose of protecting your information.

While on a secure page, the lock icon shown on web browsers such as Microsoft's Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just surfing.

While we use SSL encryption to protect sensitive information online, we also protect user-information off-line. All of our user's information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. Finally, the servers that store personally identifiable information are in a secure environment, in a locked facility.

Correcting Inaccuracies

The registration information you save can only be accessed using your email login and password (both of which you choose when registering with the Site). If you wish to update, correct, or access any personally identifiable information that you saved to your account, you can make the changes by accessing your information on the Site. All of your previous registration information will be stored with your account information.

Changes

Any changes to the privacy policy we consider significant will be emailed to you. In all events, we will not make any changes that we believe reduce your privacy rights with respect to any information collected before any significant change without your consent.

If you have opted out of all communication with the Site, or deactivated your account, then we will not contact you, and we will not use your personal information in this new manner.

Mergers & Acquisitions

We reserve the right to disclose, transfer, or license any and all information related to the Site, including Personal Information: to a subsequent owner, co-owner or operator of one or more of the Sites or any portion or operation related to part of one or more of the Sites; or in connection with a corporate merger, consolidation, or restructuring, the sale of substantially all of our stock and/or assets, or other corporate change, including, without limitation, during the course of any due diligence process.

Social Networks

Social Community Areas

The Site may be accessible through or contain connections to areas where you may be able to publicly post information, communicate with others such as discussion boards or blogs, review products and merchants, and submit media content. Prior to posting in these areas, please read our Terms of Use carefully. All the information you post may be accessible to anyone with Internet access, and any Personal Information you include in your posting may be read, collected, and used by others. We recommend that you do not post any Personal Information in the social community areas.

Social Networks

You may log in to the Site using certain social network credentials. To manage the sharing of certain Personal Information with us when you connect with us through social networking platforms or applications, refer to the privacy policy and settings of the social networking website or application.

You also have the option to link social networks, such as Facebook, to your Site account. Once you register with Delicious Donations and connect with the social network, you will be able to automatically post recent Site activity back to your social network.

By proceeding through any of the above steps, you grant Delicious Donations permission to access all of the elements of your social network profile information that you have made available to be shared and to use it in accordance with the social network’s terms of use and this Privacy Statement.

Children's Privacy

The Site is a general audience site not directed at children under the age of 13.

By using the Site, you represent that you are at least eighteen years old and understand that you must be at least eighteen years old in order to create an account and purchase the goods or services advertised through the Site. We will promptly delete information associated with any account we obtain actual knowledge is associated with a registered user who is not at least eighteen years old.

Contact Us; California Privacy Rights and Other Countries

Please contact us if you have any questions or comments about our privacy practices or this Privacy Statement. You can email us at [email protected] or reach us via postal mail at the following address:

Jeff Whitley,
re: Delicious Donations
17550 N. Perimeter Dr., Suite 130
Scottsdale, AZ 85255

If you reside in Canada, you may have the right to be provided with access to Personal Information that we have collected about you and written information about our policies and practices with respect to the transfer of your personal information to Vendors outside Canada. You can email us at [email protected] with questions.

We use various valid data transfer mechanisms for Personal Information at our sole discretion in accordance with applicable data protection and privacy laws.

Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for those third parties’ direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by us pursuant to Section 1798.83 of the California Civil Code, please contact us via the email or address stated above. Please allow 30 days for a response.

If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please email a detailed description of the specific content to [email protected] Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

International Users - Applicable Law

The Site collects, processes, stores, discloses, and disposes of personal information that you submit to us in accordance with applicable United States law. The personal information you submit will be transferred to the United States. If you are not a resident of the United States, you acknowledge and agree that we may collect and use your personal information, as discussed in this privacy policy, outside your resident jurisdiction and that we may store such personal information in the United States, outside your resident jurisdiction. United States law may offer different levels of protection for personal information than may be available in your country.

Listing of Terms

Affiliate means an entity owned, directly or indirectly, by Delicious Donations or that is controlled by or under common control with Delicious Donations, and also includes joint ventures entered into by Delicious Donations and/or its Affiliates. References in this Privacy Statement to “Delicious Donations,” “we,” or “us” also apply to Affiliates.

Cookie means a unique identifier, usually made up of small bits of text or code.

Device Data means information concerning a device you use to access, use, or interact with the Site, such as operating system type or mobile device model, browser type, domain, and other system settings, the language your system uses and the country and time zone of your device, geolocation, including precise geolocation, unique device identifier or other device identifier, advertising identifier, mobile phone carrier identification, and device software platform and firmware information.

Non-Identifiable Information means information that alone cannot identify you, including data from Cookies, Pixel Tags and Web Beacons, and Device Data. Non-Identifiable Information may be derived from Personal Information.

Online Communities means, collectively, our social networking pages or accounts, forums, bulletin boards, discussion groups, chat rooms or other methods of communication that may be offered on or linked through the Site.

Other Sources means sources of information that legally provide Delicious Donations with your information, and which are outside the scope of this Privacy Statement at the time of collection.

Personal Information means information about you that specifically identifies you or, when combined with other information we have, can be used to identify you. This includes the following types of information:

  1. Contact Information: your name, postal addresses, email addresses, social networking website user account names, telephone numbers, or other addresses at which you are able to receive communications.
  2. Relationship Information: information you provide that enables us to determine lifestyle, interests, and activities, including location information related to your state/province, city, or neighborhood; the types of offers that interest you, information collected through your interactions with social networks, demographic information (e.g., birth date, age, gender); information about persons for whom you have purchased Delicious Donations certificates as gifts or who have bought Delicious Donations certificates as gifts for you; and information about friends who refer you or whom you have referred;
  3. Transaction Information: information you provide when you interact with us and the Site, such as the Delicious Donations certificates you are interested in, purchase and redeem; email and other communications; and how you interact with Business Partners and our Vendors; and
  4. Financial Information: information collected from you as needed to process payments for Delicious Donations certificates such as your payment card number, expiration date, and card verification number.

Pixel Tags and Web Beacons mean tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed specific actions.

Third-Party Ad-Servers means Vendors and other third parties that provide the technology to place ads on websites and track ad performance.

Vendors means, collectively, third parties that perform business operations on behalf of Delicious Donations, such as transaction processing, billing, mailing, communications services (e-mail, direct mail, etc.), marketing, data processing and analytics, servicing, collections, ad management, or information technology services.

Terms of Use


These terms and conditions of use (the “Terms of Use”) apply to all who use our website – www.deliciousdonations.com, mobile applications, touch technologies, electronic services, social networking sites, interactive features, online services – or any of our described online activities we own or control, including any online activities owned, controlled, or operated by Delicious Donations Affiliates, (collectively, the “Site”). The Site is the property of Delicious Donations, LLC and its licensors.

By using the Site, you agree to these terms of use; if you do not agree, do not use the Site.

Delicious Donations provides the Site solely to assist groups, as a licensee, to display information pertinent to their group. It is provided for no other purpose or purposes. We offer the Site for your use conditioned upon your acceptance, without modification, of all its terms, conditions, and notices set forth in this statement (collectively, the "Agreement"). By accessing or using the Site in any manner, you agree to be bound by the agreement. Be sure to return to this page periodically to review the most current version of the agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the agreement without prior notice to you. Your continued access or use of the Site signifies your acceptance of the updated or modified agreement.

Delicious Donations reserves the right, at its sole discretion, to change, modify, add, or remove these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Delicious Donations grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

Delicious Donations provides information and services on the Site for the purpose of allowing vendors selling goods or services (“Companies”) to benefit and promote beneficiary organizations (“Organizations”) through the selling of gift certificates (“Certificates”) for the Companies’ goods or services. Permission to use information and materials from this web site is granted only to licensed Delicious Donations users and to Delicious Donations affiliates, Companies and Organizations, and only for Delicious Donations's business purposes. You may not copy or distribute information and materials from this web site or related graphics (“Content”) without permission.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, web site, or other medium for publication or distribution or for any commercial enterprise, without Delicious Donations’s express prior written consent.

Delicious Donations does not exert editorial control over materials that are provided by third parties, including Organizations and Companies, for this site or materials that are directed by third parties to any other persons. Delicious Donations is not responsible for any material provided by any such third party. You, as a user of the Site, release Delicious Donations from any and all liability for any claims or damages which result from any use of the Site.

Fictitious names of companies, products, people, characters, and/or data mentioned on the Site are not intended to represent any real individual, company, product, or event.

Links

You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any of its content. You may not "hot" link on, or to, any other web site.

This Site may contain hyperlinks to websites operated by parties other than Delicious Donations. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Errors or Inaccuracies

Delicious Donations and the affiliated, co-branded and/or linked Site partners through whom we provide service (collectively, "Delicious Donations affiliates") do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the Companies and Organizations displayed on the Site, much of which information is provided by the Companies and Organizations themselves. Delicious Donations expressly reserves the right to correct any errors on our Site.

Licensees, Suppliers and Third Party Users

The Companies and Organizations listed on the Site are independent contractors and not agents or employees of Delicious Donations or its affiliates. Delicious Donations and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches, failure to redeem certificates or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Delicious Donations and its affiliates will have no liability in the event that any Company is unable to fulfill any responsibility or other commitment made on the Site, including but not limited to the responsibility to redeem certificates, for any reason whatsoever, including but not limited to acts of God, bankruptcy, or any other reason.

Payments

If you undertake financial transactions on Delicious Donations (e.g., for purchases of goods and services), Delicious Donations will use a payment service (e.g., Pay Pal™ or a credit card) for payment. By using this payment service, you agree to the terms and conditions posted by that service.

Disclaimers

Delicious Donations does not promise that the site or any content, service, or feature of the site will be error-free or uninterrupted, or that it will be free of defects, or that your use of the site will provide specific results. The site and its content are delivered on an “as-is” and “as-available” basis. All information provided on the site is subject to change without notice. Delicious Donations cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. Delicious Donations disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Delicious Donations disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any Delicious Donations services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against Delicious Donations for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

Delicious Donations reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Delicious Donations be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Delicious Donations has been advised of the possibility of such damages.

If, despite the limitation above, Delicious Donations, its affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then Delicious Donations, its affiliates or their respective suppliers' liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on the Site, or (b) one-hundred United States dollars (USD 100), whichever is less.

This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed its essential purpose. The limitations of liability provided in these terms inure to the benefit of Delicious Donations, its affiliates, and/or their respective suppliers.

Indemnity

You agree to indemnify and hold Delicious Donations, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against Delicious Donations by any third party due to or arising out of or in connection with your use of the Site, your violation of any law, or your violation of the rights of a third party or Delicious Donations.

You agree to indemnify and hold Delicious Donations, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees) arising from any breach of your account information not directly caused by the gross negligence or intentional actions of Delicious Donations. You acknowledge that you are responsible for maintaining the security of your username and password. Delicious Donations will make payments based on the information in its system, and you are responsible for making sure Delicious Donations possesses the correct payment information for your account.

Use of the Site

We restrict use of the Site to those who meet the conditions listed below. To use the Site, you must:

  1. Be at least 13 years of age;
  2. Possess the legal authority to create a binding legal obligation;
  3. Use the Site in accordance with this agreement;
  4. Supply information to us on the Site that is true, accurate, current, and complete; and
  5. If you have a Delicious Donations account, safeguard your account information and supervise (and be completely responsible for) any use of your account by anyone other than you.

We retain the right at our sole discretion to deny access to anyone to this Site and the services we offer, at any time and for any reason, including, but not limited to, for violation of this agreement.

Prohibited Activities

The content and information on the Site (including, but not limited to, information entered or uploaded by groups), as well as the infrastructure used to provide such content and information, is proprietary to us or our affiliates, suppliers and providers. You agree not to modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Site. Additionally, you agree not to:

  1. Use the Site or its contents for any commercial purpose;
  2. Make any speculative, false, or fraudulent representation;
  3. Access, monitor, or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  4. Violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
  5. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  6. Deep-link to any portion of the Site for any purpose without our express written permission; or "frame," "mirror," or otherwise incorporate any part of the Site into any other website without our prior written authorization;
  7. Use the Site other than to enter, upload or view information pertinent to you, your Organization or Company;
  8. Imply in any fashion that Delicious Donations is endorsing your products or services;
  9. Place false or misleading information on the Site;
  10. Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
  11. Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by other Delicious Donations users or members;
  12. Upload or transmit to the Site or use any device, software, or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere, or attempt to interfere with or intercept the normal operation of the Site;
  13. Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of the Site; or, Disguise the origin of the information transmitted through the Site.

Required Disclosures

We may be required by law to disclose information you have provided while using our services. We may also disclose information against someone who poses a threat to our interests (such as customer fraud) or whose activities could bring harm to others. It may be necessary for us to provide customer information to third parties for the purpose of resolving disputes that arise in the normal course of business. We have no duty to notify you if we reasonably believe that we should disclose information to third parties.

Governing Law and Dispute Resolution

By use of the Site, you agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the State of Arizona without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Maricopa County, Arizona, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than your actual expenses for purchase of services on this site, except that the prevailing party will be entitled to costs and reasonable attorneys’ fees. In the event of any controversy or dispute between you and Delicious Donations arising out of or in connection with your use of the Site, we will attempt, promptly and in good faith, to resolve any such dispute.

General

No joint venture, partnership, or employment relationship exists or arises between you and Delicious Donations as a result of this agreement or use of the Site.

Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.

This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Delicious Donations with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Delicious Donations with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

Copyright Infringement Claims

If you believe that any copyright infringement exists on this site, or any site with a hyperlink to the Site, please use the following process to notify Delicious Donations. All claims of copyright infringement should be in writing and should be directed to our designated agent below:

Jeff Whitley,
re: Delicious Donations
17550 N. Perimeter Dr., Suite 130
Scottsdale, AZ 85255

Email: [email protected]

Please include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single Web site are covered by a single claim, a representative list of such works at that Web site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Delicious Donations to locate the material.
  4. Information reasonably sufficient to permit Delicious Donations to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Additional Terms and Conditions for Customers

Your purchase of a Certificate constitutes a contract between you and a Company for goods or services in the amount shown on the Certificate. You agree to hold harmless Delicious Donations from any failure of the Company to honor or redeem the Certificate. If the Company’s failure to redeem the Certificate is caused by any technical errors or mechanical malfunction, Delicious Donations agrees to use reasonable commercial efforts to assist you to redeem the Certificate.


Additional Terms and Conditions for Companies

By agreeing to serve as a participating vendor of goods or services (a "Company"), you are agreeing to permit the sale of certificates on Delicious Donations ("Certificates") for an agreed-upon amount of your goods or services. You are further agreeing to redeem those Certificates, which will be presented to you via the Delicious Donations app (the "App"). You will redeem the Certificate for the amount of the Certificate by copying the Code on the Certificate and providing the customer with goods or services in the amount of the Certificate. Goods and services you provide will be priced at the same amount that you charge to customers who do not present a Certificate from Delicious Donations.

Obtaining Payment for Certificates Redeemable at Your Company

For Certificates redeemable at your company, Delicious Donations will initiate payment to you of the amount of the Certificate minus the previously-agreed-upon percentage of the Certificate that will be paid to the beneficiary organization (the "Organization Percentage") and to Delicious Donations (the "Service Fee") (collectively the "Agreed Percentage"). Payment to you will be made via your previously-provided payment instructions (the "Payment Instructions") no later than Friday of the week following the week during which the Certificate was sold.

You agree to provide Delicious Donations with payment information through a vendor of Delicious Donations's choosing and agree to keep such payment information active until payment in full has been remitted to you by Delicious Donations.

Certificates, once sold, cannot expire or decrease in value. Each Certificate may be sold with certain restrictions allowed by the Site, but restrictions cannot be added to Certificates after purchase. You agree that each Certificate constitutes a binding contract between you and the customer, and you agree to indemnify, defend and hold harmless Delicious Donations from any claims, damages or other liability associated with your failure to redeem any Certificate for any reason.

You will be listed on the Site as an active Company when your first Certificate is offered for sale on the Site. Your status as an active Company cannot be deactivated until all Certificates have been redeemed. Delicious Donations makes no representations as to where and how your listing will be displayed on Delicious Donations, and you may be grouped with other companies or placed in locations on the Site in the sole discretion of Delicious Donations. You are under no obligation to sell any specific number of Certificates. Once all the Certificates you sell have been redeemed, you may unsubscribe as a Company by logging into your account at Delicious Donations. If the Organization(s) benefiting from your Certificates requests that you stop selling Certificates, you must do so immediately.

By agreeing to be listed as a Company on Delicious Donations, you grant to Delicious Donations a worldwide, royalty-free license to use and display your trademarks, both word marks and design marks (collectively, the "Marks"), on the Site for the purpose of promoting the purchase of Certificates. You also grant to Delicious Donations a license to use the Marks in Delicious Donations's advertising and promotional activities, whether electronically, in print or otherwise.

You are also agreeing to allow beneficiary Organizations (the "Organizations") that you choose to support to use the Marks in seeking financial support through Delicious Donations. You hereby license the Organizations to display the Marks at the Organizations' place of business to promote your financial support of the Organization through Delicious Donations, but only for the time period during which you allow the sale of Certificates supporting the organization, and for a period of three (3) months after all certificates have been sold.


Additional Terms and Conditions for Organizations

By agreeing to be listed as a beneficiary organization (an "Organization") on Delicious Donations, you grant to Delicious Donations a worldwide, royalty-free license to use and display your trademarks, both word marks and design marks (collectively, the "Marks"), on the Site for the purpose of promoting the purchase of certificates to benefit your Organization. You also grant to Delicious Donations a license to use the Marks in Delicious Donations's advertising and promotional activities, whether electronically, in print or otherwise, similarly to the use of the Marks of other Organizations.

You are also agreeing to allow participating companies ("Companies") to use the Marks in promoting their certificates and their financial support of your Organization. You hereby license the Companies to display the Marks at the Company’s place of business to promote the Company’s financial support of the Organization through Delicious Donations, but only for the time period during which the Company is allowing the sale of Certificates supporting your Organization, and for a period of three (3) months after all certificates have been sold.

As an Organization, you agree to permit Delicious Donations to reach agreements with Companies to provide you with donations consisting of a percentage of the Company’s sale of goods or services to Certificate holders. You agree that you cannot control that that percentage, but it will not be less than eleven percent (11%) of the amount paid by a Certificate holder to the Company. Through the Site you can review your current Companies and the percentage of the Certificate value they are donating to your Organization. You have the ability to block Companies from selling new Certificates supporting your Organization through the Site, but you do not have the ability to block Companies from redeeming already-purchased Certificates.

Obtaining Payment for Certificates

For Certificates sold in conjunction with fundraising drives operated by you on Delicious Donations, Delicious Donations will initiate payment to you of the amount of the Certificate minus the previously-agreed-upon percentage of the Certificate that will be paid to the Company and to Delicious Donations (the "Service Fee") (collectively the "Agreed Percentage"). Payment to you will be made via your previously-provided payment instructions (the "Payment Instructions") no later than Friday of the week following the week during which the Certificate was sold.

You agree to provide Delicious Donations with payment information through a vendor of Delicious Donations's choosing and agree to keep such payment information active until payment in full has been remitted to you by Delicious Donations.