Smile Givers International (SGI) welcomes you. These Terms and Conditions govern your use of our website and any donations or interactions made through it. By accessing our Site or making a donation, you agree to be bound by these Terms. Please read them carefully.
1. Introduction
Smile Givers International, Inc. ("SGI," "we," "us," or "our") is a nonprofit organization registered as a 501(c)(3) public charity in the United States (EIN: 61-2107558), with its registered office at 7610 April Ct, North Richland Hills, TX 76182, United States.
These Terms and Conditions ("Terms") apply to your access to and use of the website www.smilegivers.ngo (the "Site") and any donations, services, or interactions made through it. If you do not agree to these Terms, please do not use the Site.
2. Eligibility
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to make a donation or create an account. By using the Site, you represent that you meet this requirement and that you have the legal capacity to enter into a binding agreement with us.
3. Donations
3.1 Payment Processing. All donations on the Site are processed through FundraiseUp, which uses Stripe and PayPal as underlying payment providers. By donating, you also agree to the terms of service of FundraiseUp, Stripe, and PayPal, as applicable. We do not store your full payment card details on our servers.
3.2 Currencies. We accept donations in all currencies supported by FundraiseUp. Your bank or card issuer may apply conversion fees or exchange rates outside of our control.
3.3 Recurring Donations. You may choose to make a one-time donation or a recurring (monthly) donation. Recurring donations will continue to be charged on the same day each month until you cancel them. You may cancel a recurring donation at any time by contacting us at info@smilegivers.ngo or by managing your donor account through FundraiseUp.
3.4 Refunds. Donations are generally considered final and non-refundable. However, if you believe a donation was made in error, was unauthorized, or was charged incorrectly, please contact us at info@smilegivers.ngo within 15 days of the transaction. Refund requests are reviewed on a case-by-case basis and are subject to the refund policies of FundraiseUp, Stripe, and PayPal. Approved refunds will be returned to the original payment method.
3.5 Use of Donations and Campaign Goals. Donations are used to support the charitable mission of SGI. When you donate to a specific campaign, we will make reasonable efforts to apply your contribution to that campaign. If a campaign exceeds its stated fundraising goal, the goal may be extended and additional funds will continue to support the same campaign or closely related humanitarian work. If a campaign cannot be carried out as planned due to unforeseen circumstances (including but not limited to safety, access, or operational reasons), SGI reserves the right to reallocate funds to another program that serves a similar charitable purpose, in accordance with applicable U.S. nonprofit law.
3.6 Tax Deductibility. SGI is a registered 501(c)(3) public charity. Donations from U.S. taxpayers are tax-deductible to the fullest extent allowed by law. No goods or services are provided in exchange for donations unless explicitly stated. Donors outside the United States should consult a local tax advisor regarding deductibility in their own jurisdiction. A donation receipt will be sent to the email address you provide at the time of donation.
4. Donor Accounts
When you donate through FundraiseUp, a donor account may be created to allow you to manage your contributions, update payment details, and view your donation history. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Account management is handled by FundraiseUp and is subject to their terms and privacy policy.
5. Newsletter and Communications
By subscribing to our newsletter or opting in during the donation process, you agree to receive emails from SGI regarding our work, campaigns, and fundraising activities. You may unsubscribe at any time using the link provided in every email or by contacting info@smilegivers.ngo.
6. Intellectual Property
All content on the Site, including text, graphics, logos, images, videos, and the "Smile Givers International" name and logo, is the property of SGI or its licensors and is protected by United States and international copyright and trademark laws. You may not copy, reproduce, distribute, modify, or create derivative works from any content on the Site without our prior written permission, except for personal, non-commercial use such as sharing campaign links on social media.
7. Photos and Stories of Beneficiaries
The Site contains images and stories of individuals served by our programs. These are shared with the good-faith understanding and consent of the individuals depicted or their guardians, where applicable. If you are depicted in any content on the Site and wish to have your image or story removed, please contact info@smilegivers.ngo and we will respond promptly and, where appropriate, remove the content.
8. User Conduct
When using the Site, you agree not to:
- Unlawful use: Use the Site for any unlawful purpose or in violation of these Terms.
- Unauthorized access: Attempt to gain unauthorized access to the Site, its servers, or related systems.
- Disruption: Interfere with or disrupt the Site's operation or security.
- False information: Submit false, misleading, or fraudulent information, including fraudulent donation details.
- Harassment: Use the Site to harass, abuse, or harm others.
- Impersonation: Impersonate SGI or any of its staff or volunteers.
9. Third-Party Links and Services
The Site may contain links to third-party websites or services that are not owned or controlled by SGI. We are not responsible for the content, privacy practices, or terms of any third-party site. Your use of third-party services (including FundraiseUp, Stripe, and PayPal) is governed by their own terms and policies.
10. Disclaimer of Warranties
The Site and its content are provided "as is" and "as available," without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
11. Limitation of Liability
To the maximum extent permitted by applicable law, SGI, its directors, officers, employees, volunteers, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or any donation made through it. Our total aggregate liability for any claim arising from or related to the Site shall not exceed the amount of any donation you have made in the twelve (12) months preceding the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless SGI and its directors, officers, employees, and volunteers from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site, your violation of these Terms, or your violation of any rights of a third party.
13. Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it to understand how we collect, use, and protect your information.
14. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on this page with a new "Effective Date" at the top. Your continued use of the Site after any changes constitutes acceptance of the revised Terms.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in Tarrant County, Texas, and you consent to the personal jurisdiction of such courts.
16. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
17. Contact Us
If you have any questions about these Terms or would like to get in touch, please contact us:
- Email: info@smilegivers.ngo
- Phone: +1 463-207-5006
- Address: Smile Givers International, INC. 7610 April Ct, North Richland Hills, TX 76182 United States
