In using this website you are deemed to have read and agreed to the following terms and condition
NachoBirthday is a crowd-funding platform for people, organizations, and companies to raise funds for causes in honor of the celebration of life. NachoBirthday helps people use the power of networks to leverage their personal capacity to raise money for charity, projects, events, personal gain, and much more.
Although no payment is required (100% free) to start a campaign on NachoBirthday, a standard 5% fee is charged on all funds collected at the end of a campaign. NachoBirthday services work with WePay to ensure that all donations (Keep Amount) go directly to you. If you are raising money (Donate Amount) for or donating to a campaign for charity/nonprofit organization, note that payments are processed by FirstGiving and are delivered to your selected charity/non-profit at least once per quarter (often times more frequently) per FirstGiving.
In addition to NachoBirthday’s fee stated above (5%), NachoBirthday processes payment transactions through 3rd-party payment solutions, WePay and FirstGiving, among others. NachoBirthday is not a chartered banking entity. All funds that are not part of a fee paid to NachoBirthday are paid directly to 3rd-party payment solutions. FirstGiving charges a flat fee of 2.5% for dispensing funds to charity. Read FirstGiving’s Terms & Conditions for more info. Funds going to individual users will be processed through WePay and are subjected to any fees per WePay Terms and Agreement.
NOTE: All fees are deducted from each transaction automatically so you're never billed for anything.
NachoBirthday is not the same company as WePay or FirstGiving and their fees and commissions are subject to change without notice from us.
As a NachoBirthday user, the online donation page you publish will be publicly available on the internet, for all to see, including search engines like Bing and Google.
All Donations should be raised in honor of the user’s birthday or in honor of the attempt to celebrate life. We do not engage in any solicitation activities; such activities are carried out by our users on their own initiative. Additionally, our "Charity Donations" are processed through a separate business entity, FirstGiving.
The Service is a simple, easy-to-use crowdfunding application that can easily be promoted via social media services, websites, and email.
"Campaign" is a fundraising project created using our Service, either to collect money for personal reasons or on behalf of an Organization.
"Campaign Owner" is the individual that created the Campaign. Campaign Owners have access to features and tools for their Campaign including but not limited to tracking Contributions made to their Campaign, and editing details of their Campaign. Campaign Owners may grant access to the features and tools of the Campaign to Users and the Users are subject to these Terms as agreed to by the Campaign Owner. If a Campaign Owner chooses to transfer or share ownership of their Campaign with another User, that User becomes a Campaign Owner and they will assume the aforementioned access and responsibilities.
"Contributor" is any individual or organization that contributes money to a Campaign.
"Contribution" is any financial transaction that benefits the Campaign.
"Organization" may be a non-profit, school, political, business, or other social entity that has a collective goal.
"User" is any individual who has accepted the Terms by logging in to the Service through a Login Service or by contributing to a Campaign.
"Payment Provider" is a company that processes Contributions to Campaigns.
As a condition of using our service, you represent to us that:
(a) If you register on NachoBirthday to start a campaign(s) and raise funds, you are a United State or Canadian resident with a U.S or Canadian bank account, and social security or EIN.
(b) If residing in the US, you are a person who is not a non-profit organization or charity as defined by the Internal Revenue Service; Note: Non-Profits & Charities should refer to FirstGiving.com if interested in becoming listed in NachoBirthday charity database.
(c) The funds you obtain through the methods on our website will be used solely for the purposes described in the materials that you post.
(d) You will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to the laws relating to your marketing and solicitation for your project. Prohibited Activities
violate any law, statute, ordinance or regulation relate to sales of
(A) Adult services or products,
(B) Betting, gambling, raffles, or sweepstakes,
(C)Blood, gore, graphic material,
(D) Campaigns in defense of formal charges of heinous crimes, including violent, hateful, or sexual acts,
(E) Campaigns in support of rebel groups, militias, gangs, or any organized violence,
(F) Campaigns including inflammatory or accusatory statements,
(G) Content associated with hate groups or terrorist organizations,
(H) Directly funding an abortion (human or animal),
(I) Drug abuse, products or paraphernalia,
(J)Ending the life of an animal
(K) Exchange of unrecognized or crypto-currencies,
(L) False, misleading, dishonest statements,
(M) Funding or planning an assassination, suicide, or assisted suicide,
(N) Graphic content of injuries or procedures
(O) Hurtful or hateful language,
(P) Material relating to adult industry,
(Q) Materials including bigotry, racism, sexism, or profanity,
(R)Non-medical or violent bodily mutilation,
(S)Non-prescribed drug use or purchase,
(T) Offering equity or return-on-investment,
(U) Offering monetary rewards, including gift cards,
(V) Offshore banking or currency exchanges,
(W) Pornography of any kind,
(X) Procedures conducted outside of an accredited medical institution,
(Y) Purchases of annuities, investments, equity or lottery contracts,
(Z) Pyramid or Ponzi schemes, "get rich quick" schemes,
(a) Sexually explicit material,
(b) Sexually suggestive material,
(c) Sorcery, unexplained sciences or absurd claims,
(d) Supporting or inciting treasonous behavior,
(e)The illegal purchase or use of marijuana,
(f) The purchase, transfer or production of non-FDA approved ingestible or consumable products and services,
(g) The purchase, transfer, or exchange of weapons of any kind including guns, knives, explosives and ammunition,
(h) Underage consumption or abuse of alcohol, tobacco, or narcotics,
(i) Violent or hateful material
To report a campaign that you believe violates the guidelines above, please contact us at: contact us
NachoBirthday will review questionable campaigns we find on a case-by-case basis and will take appropriate action where necessary.
NOTE: Campaign organizers will not be penalized for unwanted and inappropriate comments relating to the items above posted to their campaigns by others.
If your agency has any concerns that a law is being violated by our users, please report it to us immediately and we will work to address your concern.
You will not hold NachoBirthday.com liable or responsible for any funds or tax obligations on those funds paid to 3rd-party payment solutions.
Donors and Users agree not to involve NachoBirthday.com in any litigation that occurs due to using the website.
NachoBirthday.com is owned by NachoBirthday Inc. NachoBirthday Inc. will not be held liable for any loss or damage due to failure to comply to the terms of this agreement.
NachoBirthday is a service that enables Users to collect money into their own WePay accounts for a specific purpose. Upon becoming a User through the Registration process, or a Donor through the Donation process, you agree that NachoBirthday.com may, in our sole discretion, modify the terms of this Agreement by updating the modified terms to the website. By continuing to use the product after registering you are accepting the modified Terms and Conditions of Service.
By using the NachoBirthday.com service you agree to the following:
1) You are at least 18 years of age or have permission from parental guidance.
2) You will comply with all local, state/provincial, regional & national laws in your area of residence.
3) You are to alert NachoBirthday about any unauthorized use of your User or Donor accounts. You agree to allow NachoBirthday to use anonymous aggregate data to offer a better service in the future.
NachoBirthday.com reserves the right to delete User or Donor accounts at our discretion.
You are fully responsible for any content you post as a User or a Donor. You agree by becoming a User or Donor that you will not violate any of the prohibitive activities listed above, use your NachoBirthday.com account for any illegal purposes, provide information that is not complete and accurate or attempt to bypass or otherwise circumvent the designated method of payment as provided by NachoBirthday.
NachoBirthday.com has the right to, at its discretion, to remove any content or block any individual or entity for any reason.
NachoBirthday will have no obligation to provide a refund of any amounts previously paid.
NachoBirthday does not review all the material posted to the NachoBirthday.com by our users.
By visiting NachoBirthday.com you are responsible for protecting yourself from content that is offensive or harmful that may have been posted on the website by another user.
You are also responsible for protecting your equipment (computer, etc.) from any harm resulting from a visit to the website.
NACHOBIRTHDAY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. THIS INCLUDES ANY FAILURE OF ANY GOODS OR SERVICES TO MEET YOUR EXPECTATIONS.
WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY CHARITABLE OFFERS THAT MAY TURN OUT TO BE FRAUDULENT, IRRESPONSIBLE, OR OTHERWISE ADVERTISED IN BAD FAITH. WE ARE NOT RESPONSIBLE FOR ANY FAILURES ON THE PART OF OUR THIRD PARTY PAYMENT PROCESSORS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for:
(a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or
(b) fraudulent misrepresentation; or
(c) any liability which it is not lawful to exclude either now or in the future
These Terms and Conditions and our provision of services to you shall be governed by the laws-state, federal, or otherwise-applicable in the State of Texas.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website.
You agree to allow NachoBirthday to send communications to your email address. You also agree that NachoBirthday.com is not liable for any user generated content that is sent to you as a part of these communications.
You agree that you are liable for any communications you send to potential Donors promoting you Fund site. These communications include, but are not limited to, "share" emails sent through the NachoBirthday and communications sent outside of the NachoBirthday.com
Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of NachoBirthday Inc. NachoBirthday.com does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify NachoBirthday, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within NachoBirthday on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
You may not create a link to any page of NachoBirthday.com without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. NachoBirthday will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to NachoBirthday’s services and the full content of NachoBirthday.com.