This Agreement supersedes any previous Agreement to which you and Brighter Children may have been bound. This Agreement may be modified by Brighter Children in its sole discretion from time to time and such modifications will become part of this Agreement and will be effective once posted by Brighter Children on the Website. Your participation in the Program and use of the Website will be subject to any such modifications. You should review the Website and this Agreement periodically for any modifications.
This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
1. Participation in the Program: Brighter Children manages the Website, which pairs you and other persons (each, a “Funder” and, collectively, “Funders”) with students in developing countries (each, a “Recipient” and, collectively, “Recipients”) in order for them to continue their education. Brighter Children undergoes rigorous compliance checks to ensure our partner organizations have a bona fide charitable purpose and meet applicable laws relating to international philanthropy. Given that these students often times come from remote locations where communication and transportation may be difficult, we ask that funders remain patient with student updates and monitoring, which may range from weekly/monthly to semesterly/annually.
By participating in the Program or otherwise using this Website, you hereby acknowledge and agree that Brighter Children makes no representation, warranty, covenant or guarantee that any funds you give to a Recipient via the Website will report back to the Funder.
1.1. Funding Disbursement: You understand that Brighter Children identifies existing international organizations (each, a “Sponsoring Partner” and, collectively, “Sponsoring Partners”) that work in developing countries and have a mission to increase access to education by providing education grants and funding to low-income students and communities in need of support. Any donation made by you or any other Funder will be disbursed to Sponsoring Partners for ultimate disbursement to pay for primary, secondary and university education in the developing world. Brighter Children aggregates funds from multiple Funders via the Website and passes 100% of these funds (excluding the interest earned, if any, on such funds while they are held in Brighter Children’s account, which is contributed to fund Brighter Children’s operations) to the Sponsoring Partner(s) for disbursement. However, there will be deductions taken by the bank in executing international transactions. The transaction fee will vary according to country. Documentation of transaction fee can be made available upon request, but Brighter Children will make its best effort at benchmarking fees and finding the lowest rate. Brighter Children is merely a middle-man in the transaction process. Sponsoring Partners are solely responsible for screening each Recipient and obtaining follow-up documentations for the Website, and Brighter Children (a) expressly disclaims any responsibility to screen any Recipient or any Sponsoring Partner, and (b) shall have no liability whatsoever and you shall hold Brighter Children harmless from, any and all liabilities with respect to, or resulting from such screenings.
1.2 Funding Follow-up and Updates: After Recipients obtain the funding, the Sponsoring Partner(s) will post available documentation to the Website. Subsequently, the Sponsoring Partner(s) will attempt to regularly follow-up on the usage of funds and obtain any update information on the Recipient(s). The format of the updates is not consistent and depends on the Sponsoring Partner and Funder circumstances, both resources and time. You understand, however, that you may not be able to demand whatever donation you originally disbursed and any potential updates.
1.3 Tax Deductibility: Brighter Children is a nonprofit public benefit corporation and has applied to qualify as a public charity under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended from time to time. You understand that you are solely responsible for determining the proper tax treatment for any Grant you make through the Website and the Program. Brighter Children has not and will not provide any tax or legal advice to you in connection with any Grant you might make. This Agreement does not attempt to define the tax implications of participating in the Program. If you participate in the Program, you should consult with your own accountants, tax and legal advisors.
1.4 Refund Policy: In general, our policy is not to refund any contribution to Brighter Children, whether made by check, online credit card payment, or other means. If you make an erroneous payment to Brighter Children, please contact us as soon as possible to explain what happened. In some cases, we may be able to correct the mistake.
Although Brighter Children assumes no obligation to monitor the conduct of any User of the Website, it is a violation of this Agreement to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User, Sponsoring Partner, Recipient or other Person without their prior explicit consent. In particular, when viewing personal information of minors, there are stringent legal implications associated with Funder behavior. In order to protect such persons from such advertising or solicitation, Brighter Children reserves the right to restrict the number of emails or control any other information exchange that a User may send to others associated with Website content in any 24-hour or other period to a number that Brighter Children deems appropriate, in Brighter Children’s sole and absolute discretion. Should any inappropriate behavior occur, legal action may ensue.
3. Disclaimers: Brighter Children is not responsible, and shall have no liability, for any incorrect or inaccurate Content posted on the Website or any liability, cost or expense you may incur in connection with the Program, whether caused by any User, Sponsoring Partner, Recipient or other Person or by any of the equipment or programming associated with or utilized in the Program. Brighter Children is not responsible for the conduct, whether online or offline, of any User of the Website or any other Person. With respect to the Website, Brighter Children assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications. Under no circumstances will Brighter Children be responsible for any loss or damage, including personal injury or death, resulting from any use of the Website or participation in the Program, any Content posted on the Website or transmitted to, or any interactions between, any Users of the Website, whether online or offline. Brighter Children neither represents, warrants, covenants, guarantees, nor promises any specific results from use of the Website or the Program.
The web-site, including any content or information contained within it is provided “as is” with no representations or warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. You assume total responsibility for your use of this site and site-related services.
Brighter Children makes no representation or warranty, express or implied, with respect to any third party data provided to Brighter Children or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Brighter Children will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by Brighter Children or “force majeure” or any other cause beyond the control of Brighter Children.
4. Limitation of Liability: You understand that any and all decisions made by you with respect to the Program are yours alone. Brighter Children cannot and does not verify the accuracy of information from Sponsoring Partners, other Users or Recipients. Brighter Children shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from participation in the Program; or (b) any damages, costs, losses or expenses a User incurs as a result (directly or indirectly) of making a Grant to a Recipient or as a result (directly or indirectly) of utilizing the Program or information received in connection with the Program. In addition, in no event will Brighter Children be liable to you or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of the Website or participation in the Program, even if Brighter Children has been advised of the possibility of such damages, costs, losses or expenses.
5. Disputes with other Sponsoring Partners, Recipients: You are solely responsible for your interactions with any Sponsoring Partners, any other User (even to the extent prohibited hereby) or any Recipient and any disputes that may result from such interactions. Brighter Children reserves the right, but has no obligation, to monitor disputes between you and such persons.
6. Disputes with Brighter Children and Jury Trial Waiver: If there is any dispute about or involving Brighter Children, the Website or the Program, by using the Website, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts located in New York, New York.
To the extent permitted by applicable law, you hereby waive your right to a jury trial of any claim or cause of action arising out of or based upon this agreement or any contemplated use herein, including contract, tort, breach of duty and all other claims. This waiver is a material inducement for the parties to enter into this agreement. Without intending in any way to limit your agreement to waive your right to a trial by jury, if the above waiver of the right to a trial by jury is not enforceable, you agree that any and all disputes or controversies of any nature between you, Brighter Children, any Recipient or any Sponsoring Partner arising at any time shall be decided by a reference to a private judge, mutually selected by you, and as applicable, Brighter Children, such Recipient or such Sponsoring Partner pursuant to state law and comparable provisions of federal law if the dispute falls within the exclusive jurisdiction of the federal courts, sitting without a jury, in the State of New York; and you hereby submit to the jurisdiction of such court. The reference proceedings shall be conducted pursuant to and in accordance with the provisions of state law.
You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover in any legal action or proceeding referred to in this section any special, exemplary, punitive or consequential damages.
7. Indemnity: You agree to indemnify and hold Brighter Children harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website or participation in the Program or arising from a breach of this Agreement.
8. Term Termination: This Agreement will remain in full force and effect while you use the Website or participate in the Program as a User and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your participation in the Program and status as a User is terminated. Whether or not you are and remain eligible to participate in the Program may be determined by Brighter Children in its sole and absolute discretion. You may terminate your participation and status as a User at any time and for any reason by sending a written notice of termination to Brighter Children, such notice to be effective within 3 days of receipt by Brighter Children. Brighter Children may also terminate your participation in the Program and status as a User at any time and for any reason, effective upon transmission of notice to you at the email address you provide to Brighter Children. If your participation in the Program is terminated by Brighter Children, you agree not to use the Website any further.
9. Entire Agreement; Severability: This Agreement, accepted upon use of the Website and further affirmed by becoming a User, contains the entire agreement between you and Brighter Children regarding the use of the Website or the Program. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this Agreement.
We take privacy seriously and we value yours. The following are our most recent efforts to protect your privacy.
1. Collection and Use of Personal Information: We collect personal information when you donate to a student/project. We also collect some technical information about your use of our website. This information is used to facilitate your use of the site and your donations, to contact you when necessary, and to improve your experience.
2. Applying for a White Knight on www.brighterchildren.org: When you create an account on our website, we collect basic information about you – your name and email address. We collect additional personal information if you choose to submit such information. Children under the age of 21 may not apply to become a White Knight through www.brighterchildren.org
3. Making a Donation: When you make an online donation on www.brighterchildren.org, we collect personal information such as your name, billing address, and email address, if you have not already provided these details. Credit card or bank account numbers are collected by a third-party payment vendor. Use of your information is based on their terms of service and policies, which you should review. Brighter Children will collect only your account information and donation history. We do not collect or have access to the credit card numbers or bank account information our third-party vendors collect to process online transactions.
4. Disclosure of Personal Information: Under no circumstances will we rent or sell your personal information to third parties. We allow our Sponsoring Partners to send one-time thank you emails to donors when they receive a donation. The personal information we collect is used internally to process your donations, offer you services in connection with our website, communicate news and information Brighter Children and the students/projects that you sponsor, provide customer service, and enhance and improve your funder experience. Brighter Children reserves the right to record and display donation activity on the website.
Aside from the purposes described above, we will not disclose your personal information without your consent, unless: (1) we need to respond to a subpoena, court order or legal process; (2) an emergency situation requires disclosure before your permission can be obtained (e.g., situations involving potential threats to personal safety), or; (3) to protect our rights or property, or the rights or property of another person.
You should take additional steps to safeguard your personal information online. To learn more about how to protect yourself, visit the Federal Trade Commission website.
Should you have other questions or concerns about these privacy policies, please contact us.