Welcome to Vacations for a Cause (“VFAC”). The following explains the relationship between you (the end user) and VFAC and applies to your use of VFAC online auction services and software (collectively, the “Software”). Please read these Terms and indicate your acceptance by following the instructions below. If you do not agree to be bound by these Terms, do not access the VFAC website (the “Site”). The following describes the terms of our relationship:
1. Your Feedback
VFAC greatly appreciates any feedback or suggestions you have about the website. From time to time we may contact you to ask for such feedback or suggestions. If you do provide us with feedback or suggestions, you understand that VFAC may use that information to improve our products and services.
2. Bidding and Payment
If you intend to buy a vacation voucher offered from a nonprofit entity displaying an auction on VFAC, you agree that you are obligated to complete the transaction with the nonprofit (unless the transaction violates the law or these Terms) if: (a) you are the highest bidder for an vacation voucher at the end of an auction (assuming you meet any minimum bid or reserve requirements for the specific auction), and your bid is accepted by the nonprofit; or (b) you purchase a vacation voucher that is offered for a fixed price. Payment will be due immediately or within 72 hours after completing a purchase by clicking “buy now” or when you win an auction. If applicable, you agree to pay any sales or use tax on your purchase, as well as any shipping or delivery charges.
You should be aware that the nonprofit may include sales conditions or other terms in the vacation voucher’s description. You should be sure to read the description carefully, because by bidding on the vacation voucher you are agreeing to all the terms contained in the description (unless any of the terms violate these Terms or applicable law). Buyers cannot retract their bids. Anyone registering to bid in a VFAC auction must be at least 18 years of age. By registering, you are confirming that you are at least 18 years old. In addition, by registering for an auction, VFAC may contact you about promotions or special offers related to products or services on which you have bid. You may unsubscribe from receiving such information at any time.
Vacation vouchers can only be purchased through PayPal. Bidders must register with PayPal to purchase a vacation voucher. Purchasers will not receive a tax-deductible donation receipt.
3. Privacy and Keeping Information Confidential
Because the privacy of your personal information is very important to us, VFAC will not disclose to third parties any identifying personal information gathered from you unless (a) we tell you how your information will be used and you give VFAC specific permission to share this information, (b) VFAC is required to disclose such information to facilitate the purchase of a vacation voucher , or (c) by any applicable law or legal process (like a subpoena or court order), or (d) as otherwise set forth in the Privacy Policy.
By accepting these Terms, you acknowledge that you have read and understood VFAC’s Privacy Statement. VFAC may change its Privacy Policy at any time upon notice to its users.
In addition, we both agree that each party may possess information which it considers to be confidential and is not to be shared with others. For example, VFAC’s technology and processes fall into this category. We each agree to keep these types of information confidential (as well as any other information that one of us identifies as confidential) and not to use it for any other purpose. There are some exceptions to this: (a) information which was already public when it was disclosed (or is later made public by the owner), (b) information which the recipient receives from someone else who is not under confidentiality obligations, (c) information which was generated independently by the receiving party, or (d) information which is required to be disclosed under a court order.
5. VFAC Bidder Community
When you participate in an auction that has elected to access the VFAC Bidder Community, you will receive an email from VFAC about other auctions. In addition, by joining the VFAC Bidder community, you will be notified about great deals, unique vacation vouchers and special offers. If at any point you no longer wish to receive this email from us, you may use the unsubscribe link at the bottom of the email.
6. Travel Taxes
If there are travel related taxes, other governmental charges or any other fees associated with your purchase these will be your responsibility to pay. Please consult with the donor resort for additional information.
7. Requirements
The website is available only to users who are 18 years of age or older; if you are under the age of 18, you can use the website only under the supervision of your parent or guardian. You are responsible for complying with all applicable requirements, and as such you agree to reimburse VFAC for any costs or damages which VFAC may incur relating to these requirements or otherwise arising from your noncompliance with these requirements.
8. Vacations for a Cause’s Role
Vacations for a Cause’s role in the auction transaction is solely to facilitate online fundraising auctions. VFAC is not involved in the actual transaction between the nonprofits (nonprofits) and you the buyer, and, as such, we have no control over the quality, safety or legality of the vacation advertised and redeemable with vouchers. VFAC cannot guarantee the truth or accuracy of the listings, the ability of nonprofits to sell vacation vouchers or the ability of buyers to pay for vacation vouchers. Therefore, VFAC cannot guarantee that two parties will actually complete a transaction.
9. Links to Other Websites
The Site may contain links to third-party websites and other resources. VFAC assumes no responsibility for the availability or content of these outside sites and resources. Therefore, any concerns you may have regarding any other site should be directed to the relevant site administrator or webmaster.
10. Security
Please notify VFAC’s webmaster at info@vacationsforacause.org promptly in the event of any known or suspected loss, theft or unauthorized disclosure of your log-in, password or any other personal information. Users are responsible for maintaining the confidentiality and security of this information.
11. Termination
Either party may terminate these Terms if the other party violates these Terms in any important way.
12. Right to Use the Website
As long as you comply with these Terms, VFAC gives you the right to use the Site, which includes access to the software, to bid on vacation vouchers on online auctions. You agree that the website and its software is valuable to VFAC (and constitutes a proprietary trade secret of VFAC under the law) and that VFAC retains all intellectual property rights to the website (and to any related materials, information and processes). These are the only rights granted to you. You agree not to modify, copy, disclose, reverse-engineer, decompile, disassemble or create derivative works from the website or disclose or provide access to the website to anyone else. You agree not to remove or modify any of VFAC’s copyright and other proprietary notices included with the Website.
13. Events Outside of One’s Control
Each of us acknowledges that events may happen outside of one’s control (such as wars, riots, labor strikes, natural disasters, the infrastructure of the Internet, or any law, regulation or other act or order of a court or government agency), and that neither party should be responsible if it cannot meet its obligations as a result of such an event.
14. Contributing to the Site
One of VFAC’s general goals is to foster and improve communication and productivity among those engaged in non-profit fundraising. VFAC hopes users of the Website will actively participate in growing this community by exchanging information, contacts, and ideas with fellow users.
That being said, contributions and comments from users must be consistent with the values and goals of VFAC and must comply with applicable laws. Website users may not contribute or post messages, descriptions or other content that is abusive, defamatory, obscene, fraudulent, in violation of applicable laws, or which would otherwise be offensive to other users. Please note that VFAC cannot prevent users from placing prohibited content on the Site. In addition, VFAC does not monitor every communication posted on the Site. Upon notification of inappropriate material, VFAC reserves the right to remove the content without notice to the contributor.
In addition, please note that the information, advice, facts, opinions and other content appearing on the Site posted, uploaded or distributed by any users or other third parties are those of the respective authors and do not reflect the views of VFAC. VFAC assumes no responsibility or liability for these materials. By contributing to the Site, users represent that they have all of the necessary rights to use the materials, communications or other information that they have provided to or displayed on the Site. VFAC will have the right to copy, sublicense and re-use these materials in any form, media or technology and in any manner VFAC sees fit.
The Site is protected by copyright as a collective work, pursuant to United States copyright laws. Users may print and download portions of material from the different areas of the Site solely for their own non-commercial use; any other copying or any redistribution or publication of any downloaded material is strictly prohibited without the express written consent of the copyright owner. Except for the foregoing, users may not modify, copy, publish, transmit, sell, create derivative works from, perform, display or in any way exploit any of the content contained on the Site.
15. Changes These Terms of Use
VFAC reserves the right to change these Terms at any time upon notice to users. Your continued use of the Website following a change notice shall be deemed to be acceptance of any such modification. If you do not agree to any modification of these Terms, you must immediately stop accessing the website and using the sites software.
16. Responsibility
VFAC and its employees, shareholders, subsidiaries, affiliates, officers, directors, successors, agents, and assigns (collectively, “VFAC”) do not own or operate any entity which provides vacation vouchers for your trip including without limitation, lodging facilities, airline, vessel, motor coach, or other transportation companies, guides or guide services, local ground operators, providers or organizers of optional excursions, food service providers, etc. All such persons and entities are independent contractors and are in no way affiliated to VFAC. As a result, VFAC is not liable for any negligent or willful act or failure to act of any such person or entity or of any third party.
In addition and without limitation, VFAC is not responsible for any injury, loss, death, inconvenience, delay, or damage to person or property in connection with the provision of any goods or services purchased on the VFAC website, whether resulting from, but not limited to, acts of God or force majeure, illness, disease, acts of war or civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of accommodations, mechanical or other failure of airplanes or other means of transportation, or for any failure of any transportation mechanism to arrive or depart on time. Also be advised that certain foreign facilities such as air-conditioning systems in public places, hotels and motor coaches are not up to U.S. standards. If due to weather, flight schedules or other uncontrollable factors you are required to spend additional night(s), you will be responsible for your own hotel, transfers and meal costs. Baggage is entirely at owner’s risk.
VFAC shall not be liable for any claims whatsoever, including but not limited to claims for personal injury, illness or death of a vacation voucher use, or breach of contract.
17. Legal Disclaimer
VFAC MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE), IN CONNECTION WITH ANY VACATION VOUCHERS OFFERED BY VFAC DONORS OR THESE CONTRACT TERMS. VFAC WILL HAVE NO LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF SUCH PARTY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. VFAC’S AGGREGATE LIABILITY FOR MONETARY DAMAGES OF ANY KIND WILL NOT EXCEED THE AMOUNTS PAID BY YOU IN CONNECTION WITH THE PARTICULAR DISPUTE. THESE LIMITATIONS SHALL NOT APPLY TO EACH PARTY’S RIGHTS UNDER APPLICABLE INTELLECTUAL PROPERTY LAWS.
Because some states do not allow the exclusion of implied warranties or the limitation of liability for consequential or incidental damages, the above exclusions and limitations may not apply to you. In such states, VFAC’s liability is limited to the greatest extent permitted by law.
Because we are an intermediary, in the event that you have a dispute with one or more users, you release VFAC (and our officers, directors, employees and agents) from any and all claims, demands and damages of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
18. Other Legal Vacation vouchers
The laws of California will apply to these Terms. The parties agree to resolve any disputes through binding arbitration to be held in Los Angeles, California, under the rules of the American Arbitration Association. Notices delivered under these Terms must be delivered in writing and will be effective when received. These Terms is the complete statement of our understanding regarding these matters, and no other document or discussion will apply.
You agree that these Terms are personal to you and may not be transferred to anyone else without VFAC’s prior written consent. You agree to indemnify and defend VFAC from and against all claims, losses, expenses, damages, liabilities and costs, including reasonable attorneys’ fees (collectively, “Losses”), resulting from (a) any violation of these Terms and (b) any activity (including negligent or wrongful conduct) by you in connection with your use of the website. VFAC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder.