These Terms and Conditions, as may be amended from time to time (the "Agreement")
apply to your use of the Frendo website at www.frendo.com, and any services that
Frendo provides from its website (collectively, the “Frendo Services”), and are
a legal contract between you and Frendo. In order to use the Frendo Services, you
must read, agree with and accept all of the terms and conditions contained in this
Agreement. We may amend this Agreement at any time by posting a revised version
on our website. The revised version will be effective at the time we post it. Your
continued use of the Frendo Services following any update to this Agreement will
be deemed acceptance of the updated Agreement.
THIS IS AN IMPORTANT DOCUMENT, WHICH YOU MUST CONSIDER CAREFULLY WHEN CHOOSING WHETHER
TO USE THE FRENDO SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY. BY BROWSING, REGISTERING
FOR, ACCESSING OR USING ANY FRENDO SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY ADDITIONAL GUIDELINES
REFERENCED IN THIS AGREEMENT. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE FRENDO SERVICES AND FOLLOW
THE APPLICABLE INSTRUCTIONS IN THIS AGREEMENT.
Consent to Electronic Disclosures
Because Frendo Services are provided electronically, you must consent to Frendo's
providing important information electronically if you wish to proceed. Read this
notice carefully. You can print a copy for your records.
By consenting to receive information electronically, you will receive the following
information and disclosures electronically at this website or via electronic mail
- the Frendo Terms and Conditions, including legal disclosures under the Electronic
Fund Transfer Act and Regulation E
- any future changes to the Frendo Terms and Conditions
- Transaction history information, and
- any other notices, legal communications, or disclosures.
To receive this information electronically, and access and retain any disclosures
received, you will need a computer with internet access, and the ability to receive
and read email. Please note that some web browsers may not be supported.
By proceeding with registration to use Frendo Services:
- you agree to receive information and disclosures electronically on this website
and via email and confirm that you will download or print any disclosures for your
- you acknowledge that you can access information that is provided electronically
at this website and via email;
- you are authorizing the delivery of disclosures regarding the Frendo Services electronically
on this website and via email and providing your consent to receive electronic communications
pursuant to the Electronic Signatures in Global and National Commerce Act and intend
that this statute apply to the fullest extent possible; and
- you agree to receive email regarding the Frendo Services.
Notices shall be considered to be received by you within 24 hours of the time it
is posted to our website or emailed to you unless we receive notice that the email
was not delivered.
You may view your transaction history at any time by logging into your Frendo Account.
You agree to review your transaction history through our website instead of receiving
periodic statements by mail.
By Providing Frendo a telephone number (including a wireless/cellular telephone),
you consent to receiving autodialed and prerecorded message calls from Frendo at
You can withdraw your consent to receive electronic communications by emailing us
However, if you withdraw your consent, you will no longer be able to use the Frendo
Services. Withdrawing your consent will not affect the validity of pending or completed
transactions. You can obtain a paper copy of an electronic record by contacting
us at www.frendo.com/contact;
Frendo may charge a fee. To update your contact information, log in to Frendo and
click on "Profile".
To help the government fight terrorism and money laundering activities, Frendo obtains,
verifies, and sometimes stores personal information.
You authorize Frendo, directly or through third parties, to make any inquiries we
consider necessary to verify your identity. This may include asking you for further
information, requiring you to take steps to confirm ownership of your email address
or financial instruments, and verifying your Information against third party databases
or through other sources. If Frendo cannot verify your identity, and in certain
other cases, Frendo may not be able to allow you to use the Frendo Services. For
When you provide Frendo with bank account information for use as a payment source, Frendo may also require
you to submit a valid government-issued ID and/or an image of a voided check.
To be eligible for the Frendo Services you must be at least 18 years old and a resident
of Canada or the United States. By registering for, accessing, or using the Frendo Services,
you represent that you are at least 18 years old. The Frendo Services are not available
to anyone who has been suspended or removed from using the Frendo Services.
Our Relationship with You
Frendo is a service provider and acts as your agent only with respect to the custody
of funds. Otherwise, Frendo is exclusively an independent contractor. Frendo does
not have control over or liability for products or services paid for using Frendo.
When you sign up with Frendo, Frendo will establish an account that permits you
to use the Frendo Services (“Account”). You must provide your first name, last name,
email address and birthdate, and you must select a password. You must keep your
password confidential and not disclose it to others. Each person for whom Frendo
establishes an Account becomes a "User".
Users can Give money to the Charity by clicking on the Donate button on the Charity
page. Making a Donation: Users can donate to a Charity through the Charity's Public
Donation Page. You do not have to be a Charity Member to make a donation. Please
be aware that most Charities are not 501(c)(3) charitable organizations and, accordingly,
any donation you make to a Charity is unlikely to be tax deductible. You should
discuss any tax questions with your tax advisor.
You hereby assign to Frendo any interest or earnings that Frendo receives from any
third party based on the funds from your Frendo balance, and you agree that Frendo
may keep for itself, and is not obligated to share or report to you any benefits
provided by a financial institution that holds these funds.
Frendo may provide you with a bonus or incentive, subject to the terms and conditions
of any bonus or incentive program in effect and made available to you at the time
you register. Frendo reserves the right to terminate any incentive promotional program
at any time without notice to you.
Linking Bank Account: You can link your checking accounts to your
Frendo Account. Linked checking accounts must be in a Canadian or U.S. depository institution
and must be accessible through the ACH network. Most checking accounts are accessible
via the ACH network. Frendo does not have control over or liability for your checking
All payments are in Canadian or U.S. dollars, depending on whether you are giving to a Canadian or U.S. charity. Frendo reserves the right to refuse payments from
you, or payments to any or all of your Charities for any reason, including your
failure to provide Frendo with adequate or accurate identity verification information.
Frendo may set limits on the type, amount, and frequency of payments that you make.
Once you reach a particular limit, your ability to make additional payments may
be suspended. In addition, your ability to transfer funds to a particular Payment
Source may be suspended if payments to or from that Payment Source are rejected
or fail for any reason. Frendo may increase applicable limits in its discretion
as you continue to use the Frendo Services. The limits are for the protection of
Frendo. Frendo will not be liable to you for failing to enforce any of these limits.
Authorization for Donations: When you link a Payment Source with
Frendo, you are affirming that you have all necessary right and authority to obtain
funds from that Payment Source. Each time you initiate or accept a payment using
the Frendo Service you also are providing your authorization for Frendo to debit
the accounts involved to complete the donation, to correct any errors in the payment
and to resubmit any payment that is rejected by the financial institution that holds
the Payment Source. All payments must comply with North American law. Your authorization will
remain in full force and effect until you provide Frendo notification of your termination
of this authorization in such time as to afford Frendo and the bank that holds your
Payment Source a reasonable opportunity to act on it. You may provide such notification
by contacting Frendo at firstname.lastname@example.org.
Effect of Donations: Once you make a donation, you may not change
or cancel that payment. FRENDO IS NOT RESPONSIBLE FOR ANY DISPUTES OR DISAGREEMENTS
BETWEEN YOU AND A ANY OTHER PARTY TO A PAYMENT. YOU AGREE TO RESOLE DISPUTES DIRECTLY
WITH THE OTHER PERSON, AND AGREE NOT TO INVOLVE FRENDO IN SUCH DISPUTES.
Information about your account and transfers: you can obtain your
Frendo balance and information about the payments you have made in the last 30 days
("Account History") by logging into your Account on the Frendo website.
Frendo is fee-free to you and the charity to which you donate. However you may also
be required to pay fees and charges to others in connection with your use of the
Frendo Services. For example, your mobile telephone company may impose charges for
your use of your cell phone in connection with Frendo. The financial institution
that holds your bank account may charge you for transfers to Frendo. Frendo is free
to sign up, create accounts, join accounts and make donations... Charities do not
incur any transaction fees for payments they receive. For specific information on
fees, please see the Fees section of this website.
Privacy and Information Sharing
our commitment to maintaining your privacy, as well as our use and disclosure of
Privacy of Others: If you receive information about another Frendo
user through the Frendo Service, you must keep the Information confidential and
only use it in connection with the Frendo Service. You may not disclose or distribute
another User's information to a third party or use the information for marketing
purposes unless you receive the User's express consent to do so.
User Content Submissions
Once you have registered for an Account, you may upload certain materials and information
to the Frendo Service (“User Content”). You must not upload User Content unless
you own all necessary rights, or have permission from the rightful owner of the
User Content, to grant Frendo the entire license rights granted in this Agreement.
You must not submit any User Content that: (a) is false, misleading, unlawful, obscene,
defamatory, libelous, threatening, pornographic, harassing, hateful, racially or
ethnically offensive; (b) encourages conduct that would be considered a criminal
offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(c) breaches any duty toward or rights of any person or entity, including rights
of publicity or privacy; or (d) advertises products or services competitive with
Friend’s or its partners' products and services, as determined by Frendo in its
sole discretion. For any User Content, you grant to Frendo a worldwide, perpetual,
irrevocable, non-exclusive, royalty-free, fully sub licensable, and transferable
license to use, reproduce, modify, translate, adapt, distribute, prepare derivative
works of, transmit, display, publish, perform delete (in whole or in part), and
incorporate the User Content for any purpose and without acknowledgment to you.
You retain all rights in your User Content, subject to the rights granted to Frendo
in this Agreement.
Although Frendo will not necessarily pre-screen or review User Content, Frendo reserves
the right to refuse, review, or delete any User Content in its sole discretion,
for any reason or no reason. You remain solely responsible for: (i) any errors or
omissions in your User Content; (ii) any liability arising out of your User Content
or Frendo's failure to display your User Content; and (iii) any liability arising
out of your use of any content from the Frendo Service. Under no circumstances will
Frendo or its stockholders, directors, officers, employees, agents, representatives,
partners, or affiliates be held liable for any loss or damage caused by your User
Content or by your reliance of any content obtained through the Frendo Service.
Content on the Frendo Service, including User Content, has been licensed to Frendo
in accordance with various licensing agreements between Frendo and the persons or
entities who license the rights to such content ("Licensed Content"). You understand
that Licensed Content is owned by Frendo's licensors and is protected by intellectual
property laws. Frendo grants you a limited, non-exclusive, non-transferable, revocable
right to access the Licensed Content solely for your own non-commercial use.
Any opinion, advice, statement, service, offer, or other information that constitutes
part of the Licensed Content expressed or made available on the Website are those
of the respective authors or producers and not of Frendo or its stockholders, directors,
officers, employees, agents, representatives, partners, or affiliates.
Frendo has not reviewed, and cannot review, all of the User Content posted by you
or any third party to the Website and, as such, does not guarantee the accuracy,
integrity, or quality of such content. You understand that by accessing the Website,
you may be exposed to content that is harmful, offensive, indecent, objectionable,
or inaccurate. Under no circumstances will Frendo or its stockholders, directors,
officers, employees, agents, representatives, partners, or affiliates be held liable
for any loss or damage caused by your reliance on information obtained through the
Website. It is your responsibility to evaluate the information, opinions, advice,
or other content available on the Website, and to seek qualified professional assistance
We, our affiliates, and our suppliers and licensors own all right, title, and interest,
including all intellectual property rights, in and to the Frendo Services. Except
for those rights expressly granted in this Agreement, no other rights are granted,
either express or implied, to you.
You may not transfer or assign any rights or obligations you have under this Agreement
without Frendo's prior written consent. Frendo reserves the right to transfer or
assign this Agreement or any right or obligation under this Agreement at any time.
Closing your Account
You may close your Account by emailing Frendo at email@example.com and requesting that your account
If you believe your password has been lost or stolen, email Frendo IMMEDIATELY at
If your password is lost or stolen, you could lose all the money in your Frendo
Balance, as well as money in your linked bank account or amounts available through
a linked debit card or credit card.
Also, if your Account history shows transactions that you did not authorize, email
Frendo immediately at firstname.lastname@example.org.
If you do not tell Frendo within 90 days after the Account history was made available
to you, Frendo will not be obligated to reverse any transactions.
In connection with your use of our website, your Account, or the Frendo Services,
or in the course of your interactions with Frendo, a User or a third party, you
- Use the Frendo Services for any purposes other than to make donations and/or to
access the Frendo Services in accordance with the terms and services of this Agreement;
- Impersonate any person or entity, falsely claim an affiliation with any person or
entity, or access the Frendo Accounts of others without permission, forge another
person' digital signature, misrepresent the source, identity, or content of information
transmitted via Frendo, perform any other similar fraudulent activity or otherwise
send or receive what Frendo reasonably believes to be potentially fraudulent funds;
- infringe Frendo's or any third party's intellectual property rights, rights of publicity
or privacy, or other proprietary rights;
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to
others. This includes, but is not limited to, unsolicited advertising, promotional
materials, or other solicitation materials, bulk mailing of commercial advertising,
chain mail, informational announcements, charity requests, and petitions for signatures;
- Use the Frendo Services, or request or make any payment, for any illegal purpose,
or in violation of any local, state, national, or international law, including,
without limitation, laws governing intellectual property, taxation and other proprietary
rights and data protection and privacy;
- defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect,
personal information about Users, Registered Recipients, or third parties without
their consent, or use the Frendo Services for any commercial use, it being understood
that the Frendo Services are for personal use only;
- use the Frendo Platform if You are under the age of eighteen (18);
- refuse to cooperate in an investigation or provide confirmation of Your identity
or any other information You provide to Frendo;
- remove, circumvent, disable, damage or otherwise interfere with security-related
features of the Frendo Services or features that enforce limitations on the use
of the Frendo Services;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source
code of the Frendo Services or any part thereof, except and only to the extent that
such prohibition is expressly prohibited by applicable law notwithstanding this
- use the Frendo Services in any manner that could damage, disable, overburden, or
impair it, including, without limitation, using the Frendo Service in an automated
- modify, adapt, translate or create derivative works based upon the Frendo Services
or any part thereof, except and only to the extent that such prohibition is expressly
prohibited by applicable law notwithstanding this limitation;
- intentionally interfere with or damage operation of the Frendo Services or any User's
or Registered Recipient's enjoyment of it, by any means, including uploading or
otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
- access Frendo from a country other than the U.S.;
- use any robot, spider, other automatic device, or manual process to monitor or copy
the Frendo website without prior written permission;
- use any device, software or routine to bypass Frendo's robot exclusion headers,
or interfere or attempt to interfere, with the Frendo Services;
- sell the Frendo software or any services, information, or software associated with
or derived from it;
- breach this Agreement or any other Frendo agreement or policy;
- violate any law, statute, ordinance or regulation (for example, those governing
financial services, consumer protections, unfair competition, anti-discrimination
or false advertising);
- provide false, inaccurate or misleading information;
- send or receive what Frendo reasonably believes to be potentially fraudulent funds;
- use Your Account or the Frendo Services in a manner that results in or may result
in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other
liability to Frendo, a User, a third party or you; take any action that may cause
Frendo to lose any of the services from its service providers, payment processors
or other suppliers.
You agree that Frendo may seize or freeze funds that are reasonably deemed by Frendo
to have resulted from fraud or a prohibited behavior outlined in this section.
Account Passwords and Registration
You agree that the information you provide to Frendo upon registration and at all
other times will be true, accurate, current, and complete. You also agree that you
will ensure that this information is kept accurate and up-to-date at all times.
If you have reason to believe that your Account is no longer secure (e.g., in the
event of a loss, theft or unauthorized disclosure or use of your email address,
Password, or any credit, debit or charge card number, if applicable), then You agree
to immediately notify Frendo.
Third Party Sites, Products and Services; Links
The Frendo Services may include links or references to other web sites or services
solely as a convenience to Users (“Reference Sites”). Frendo does not endorse any
such Reference Sites or the information, materials, products, or services contained
on or accessible through Reference Sites. In addition, your correspondence or business
dealings with, or participation in promotions of, advertisers found on or through
Frendo are solely between you and such advertiser. ACCESS AND USE OF REFERENCE SITES,
INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH
REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
Termination; Agreement Violations
If we have reason to believe that you have engaged in any Restricted Activities,
we may take various actions to protect Frendo, a User, a third party, or you from
Reversals, fees, fines, penalties and any other liability. The actions we may take
include but are not limited to the following:
- Close, suspend, or limit your access to your Frendo Account or Frendo Services
- Contact your bank or warn other Users, law enforcement, or impacted third parties
of your actions;
- Update inaccurate Information you provided us;
- Refuse to provide our Services to you in the future;
- take legal action against you.
You agree that Frendo, in its sole discretion, for any or no reason, and without
penalty, may suspend or terminate your Account (or any part thereof) or your use
of the Frendo Services and remove and discard all or any part of your Account at
any time. Frendo may also in its sole discretion and at any time discontinue providing
access to the Frendo Services, or any part thereof, with or without notice. You
agree that any termination of Your access to the Frendo Services or any Account
you may have or portion thereof may be effected without prior notice, and you agree
that Frendo will not be liable to you or any third party for any such termination.
Any suspected fraudulent, abusive or illegal activity may be referred to appropriate
law enforcement authorities. These remedies are in addition to any other remedies
Frendo may have at law or in equity. Upon termination for any reason, you agree
to immediately stop using the Frendo Services.
If your Account is dormant for over 1 year, Frendo may close Your Account and send
any balance to you by check to the address on record, less any applicable fees.
Frendo may also be required to escheat to the applicable state government balances
on dormant accounts or unclaimed funds from time to time.
You may terminate this Agreement at any time by providing written notice to Frendo,
discontinuing use of any and all parts of the Frendo Services, and returning to
the issuing financial institution any Frendo Prepaid Visa® Card that had been issued
to you. You are responsible for use of your Account and Password after termination.
You agree to indemnify, defend, save, and hold Frendo, its contractors, employees,
agents and its third party suppliers (including without limitation MB Financial,
Sovereign Bank), licensors, and partners harmless from any and all claims, losses,
damages, and liabilities, costs and expenses, including without limitation legal
fees and expenses, arising out of or related to your use or misuse of the Frendo
Services, any violation by you of this Agreement, or any breach of the representations,
warranties, and covenants made by you herein. Frendo reserves the right, at your
expense, to assume the exclusive defense and control of any matter for which you
are required to indemnify Frendo, including rights to settle, and you agree to cooperate
with Frendo's defense and settlement of these claims. Frendo will use reasonable
efforts to notify you of any claim, action, or proceeding brought by a third party
that is subject to the foregoing indemnification upon becoming aware of it.
Liability of Frendo
IN NO EVENT SHALL FRENDO, its EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS
OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION
WITH OUR WEBSITE, OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE),
UNLESS OTHERWISE REQUIRED BY LAW. FRENDO'S LIABILITY, AND THE LIABILITY OF FRENDO'S
EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED
TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
If Frendo does not complete a donation from you on time or in the correct amount
according to this Agreement, Frendo may be liable for your losses or damages to
the extent required by law. However, there are some circumstances where Frendo is
not liable. Frendo will not be liable, for instance:
- If the funds in your Frendo balance are subject to legal process or other encumbrance
restricting their use.
- If the Frendo website or system was not working properly and you knew about the
breakdown when you initiated the payment.
- If circumstances beyond Frendo's control (such as fire or flood, or actions of a
third party) prevent the transfer, despite reasonable precautions that Frendo has
- If the failure results from a communications failure, such as the failure to complete
a data transmission accurately.
- If the failure results from a failure of a financial institution that holds the
Bank Account or, or Frendo is unable to access any Payment Source for any reason
other than due to Frendo's fault.
- If You provided inaccurate or incomplete information regarding the payment.
- If the payment appears suspicious, fraudulent or unauthorized, and Frendo cannot
confirm that it is a legitimate transfer, or if the transfer is (or appears to be)
prohibited by law or rules.
- There may be other exceptions stated in this Agreement.
FRENDO, ITS EMPLOYEES AND SUPPLIERS PROVIDE THE FRENDO SERVICES “AS IS” AND WITHOUT
ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. FRENDO, OUR EMPLOYEES
AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Frendo does not guarantee
continuous, uninterrupted or secure access to any part of our Service, and operation
of our site may be interfered with by numerous factors outside of our control. Frendo
will make reasonable efforts to ensure that requests for electronic debits and credits
involving bank accounts and check issuances are processed in a timely manner but
Frendo makes no representations or warranties regarding the amount of time needed
to complete processing because the Frendo Service is dependent upon many factors
outside of our control, such as delays in the banking system or the U.S. or international
mail service. Some states do not allow the disclaimer of implied warranties, so
the foregoing disclaimers may not apply to you. This paragraph gives you specific
legal rights and you may also have other legal rights that vary from state to state.
If you provide feedback to us regarding the Frendo Service (“Feedback”), you authorize
us to use that Feedback without restriction and without payment to you. Accordingly,
you hereby grant to us perpetual and irrevocable license to use the Feedback for
Modification of this Agreement
Frendo reserves the right to change, modify, add, or remove portions of this Agreement
(each, a "change") at any time by posting notification to the Frendo website or
otherwise communicating the notification to you. The changes will become effective,
and shall be deemed accepted by You, 24 hours after the initial posting and shall
apply on a going-forward basis with respect to payment transactions initiated after
the posting date. If you do not agree with any such modification, your sole and
exclusive remedy is to terminate your use of the Frendo Services. For certain changes,
Frendo may be required to give you advance notice, and Frendo will comply with such
Frendo may provide you with notices and communications by email, regular mail or
postings on the Frendo website or by any other reasonable means.
The failure of Frendo to exercise or enforce any right or provision of this Agreement
will not constitute a waiver of such right or provision. Any waiver of any provision
of this Agreement will be effective only if in writing and signed by Frendo.
This Agreement be governed by and construed in accordance with the laws of the State
of Delaware, without giving effect to any principles of conflicts of law.
Disputes with Frendo
If a dispute arises between you and Frendo, our goal is to learn about and address
your concerns and, if we are unable to do so to your satisfaction, to provide you
with a neutral and cost effective means of resolving the dispute quickly.
Release of Frendo
If you have a dispute with one or more Users, you release Frendo, its officers,
directors, agents, joint ventures and employees, and its banks Bank from any and
all claims, demands and damages (actual and consequential) of every kind and nature
arising out of or in any way connected with such disputes.
If any provision of this Agreement or any Guidelines is held to be unlawful, void,
invalid or otherwise unenforceable, then that provision will be limited or eliminated
from this Agreement to the minimum extent required, and the remaining provisions
will remain valid and enforceable.
Upon termination of this Agreement, any provision which, by its nature or express
terms should survive, will survive such termination or expiration as applied to
transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute
a part of these Terms, and will not be deemed to limit or affect any of the provisions
This Agreement sets forth the entire understanding between you and Frendo with respect
to the Frendo Services.
If you have any questions or concerns about this Agreement, the Frendo website,
or any Service, please send us a thorough description by email to email@example.com.