Terms of Use
These Terms of Use are a binding legal agreement between Charitybuzz, LLC ("Charitybuzz") and you, the User. By accessing or using the Charitybuzz website located at www.charitybuzz.com (the “Site”), or any related services, content, or applications (collectively, the “Services”), you agree to be bound by these Terms of Use, including the agreement to resolve disputes through binding arbitration.
Please read these Terms carefully. If you do not agree with them, do not access or use the Site or Services. Your continued use of the Site or participation in any Offers constitutes your acceptance of these Terms.
The Services include Charitybuzz-hosted online auctions (“Auctions”), fixed-price listings (“Shop Sales”), and invitation-only or limited-access listings (“Access Private Sales”) that allow Buyers to bid on or purchase Experience or Property Lots as defined below. By using this Site and participating in these Services, YOU AGREE TO BE BOUND TO ANY PURCHASES YOU WIN AND TO THE FULL TERMS OUTLINED BELOW.
2. Eligibility and Use of the Services
2.1 To use the Services, you must be at least 18 years old and legally capable of entering into a binding contract. The Services are not available to any individuals prohibited from participating under applicable laws.
2.2 By using the Services, you also agree to the Charitybuzz Privacy Policy, available at www.charitybuzz.com/privacy-policy, which describes how we collect and use your data.
2A. User Accounts and Access
2A.1 To access and use certain features of the Site, you must register for a user account (“User Account”) and provide accurate, complete information, including your name, email, password, and valid payment details. You agree to maintain the accuracy of this information.
2A.2 You are responsible for safeguarding your password and for all activity that occurs under your User Account. If you suspect unauthorized use of your account or breach of security, you must notify Charitybuzz immediately. Charitybuzz is not liable for any loss or damage arising from your failure to secure your account credentials.
2A.3 You may not use a User ID that is offensive, impersonates another person, or violates any third-party rights. Charitybuzz reserves the right to reject, revoke, or reassign any User ID in its sole discretion.
2A.4 You may access the Site using login credentials from a third-party service (e.g., Meta). By logging in through such a service, you authorize Charitybuzz to collect certain account and profile information from the applicable third-party provider, subject to your privacy settings and the terms of the third-party service. Use of any social login functionality is governed by Charitybuzz’s Privacy Policy.
3. Offer Types and Participation
3.1 The Site offers three primary Offer types: Auctions, Shop Sales, and Access Private Sales. Each Lot will identify which Offer type applies.
3.2 By participating in an Offer, you agree to abide by the rules, restrictions, and fulfillment terms stated in the Lot description. These may include expiration dates, location requirements, blackout dates, or other redemption limitations.
3A. Auction Mechanics and Listing Terms
3A.1 Charitybuzz may, at its discretion, set a minimum reserve price below which a Lot will not be sold. If bidding does not meet the reserve, the Lot may be withdrawn without a sale.
3A.2 Charitybuzz may edit, withdraw, or relist any Lot prior to the close of an Auction for any reason, including updated information, Seller availability, or technical issues. Charitybuzz also reserves the right, in its sole discretion, to halt or cancel any Offer, including Shop Sales or Access Private Sales, at any time and for any reason, including without limitation issues of fraud, misconduct, or technical disruption. Charitybuzz may refuse to process any transaction, refuse service to any user, or cancel access to the Site or Services at any time and for any reason. Neither Charitybuzz nor its affiliates will be liable to you or any third party for the withdrawal or cancellation of a Lot or Offer, or for any refusal to process a transaction.
3A.3 Bids may not be retracted once placed. If you place a bid, you are entering into a legally binding commitment to purchase the Lot if you are the winning bidder when the Auction closes. Bids placed in error do not relieve you of this obligation, and all bids are final and enforceable.
3A.4 If a bid is placed during the final ten (10) minutes before an Auction is scheduled to close, the closing time will automatically be extended by an additional ten (10) minutes from the time of the most recent bid. This extension process will continue for each qualifying bid placed within the final ten minutes, until no additional bids are received. Charitybuzz may also modify or disable the extension feature for any Lot at its discretion, and such exceptions will be stated in the Lot description.
3B. Prohibited Bidding Behavior
1. Sellers, their affiliates, or any person acting on their behalf are permitted to place bids on their own Lots offered through the Site, provided they understand and agree that if they are the Winning Bidder, they will be fully obligated to pay the Total Purchase Price, including all applicable Buyer’s Premiums, taxes, shipping fees, and other Offer Costs.
2. By participating in bidding on their own Lots, Sellers and their affiliates waive any claim of exception or exemption from Buyer obligations and agree to complete the transaction in good faith if successful. Charitybuzz reserves the right to pursue collection of the Total Purchase Price from the Seller or affiliate in the same manner as it would for any other Winning Bidder.
3. Charitybuzz may monitor bidding activity to detect and investigate manipulative conduct. Charitybuzz reserves the right to void bids, cancel transactions, restrict access to the Services, or take other appropriate action in its sole discretion if it determines that conduct violates the integrity of the auction process or otherwise compromises fair competition.
4. Payments
4.1 In addition to the Hammer Price, certain Auctions may include a Buyer’s Premium. This amount is disclosed as part of the anticipated fees within Charitybuzz's Cost Calculator feature (see Section 9J). The Buyer’s Premium is calculated as a percentage of the Hammer Price and is added at the close of the auction. It is retained by Charitybuzz and is non-refundable.
4.2 You are responsible for reviewing and understanding all fees associated with an Offer before placing a bid. These may include, but are not limited to, the Buyer’s Premium, applicable taxes, shipping, and processing fees. Charitybuzz’s Cost Calculator (Section 9J) offers a transparent breakdown of the estimated Buyer’s Premium. You are also responsible for any applicable customs and/or duties, which must be paid directly to the taxing authority.
4.3 By bidding, you agree that if you are the Winning Bidder, your payment method will be charged for the Total Purchase Price within two (2) business days of Auction close.
4.4 Charitybuzz may cancel any transaction and restrict access to the Site if payment is not received or reversed. Legal remedies may be pursued.
4.5 All transactions are processed in U.S. dollars unless otherwise noted. Not all Offers are tax-deductible. Where applicable, Charitybuzz will provide a receipt indicating the estimated fair market value of the Lot and any charitable portion of your payment. Buyers are encouraged to consult a tax advisor regarding deductibility.
Charitybuzz supports nonprofit partners by distributing Net Proceeds from each Lot to the Pledgeling Foundation, a U.S.-based 501(c)(3) organization, which then grants funds to the nonprofit named in the Offer. For items or experiences that were not donated, a minimum of 3% of the Hammer Price, less fees, will be granted to the named charitable organization.
5. Fulfillment and Redemption
5.1 Charitybuzz will provide fulfillment instructions or a Redemption Contact once your payment is successfully processed.
5.2 You must initiate redemption within the timeframe stated in the Lot description or, if no timeframe is listed, within 30 days of receiving your confirmation.
5.3 If your Lot involves an Experience, you are responsible for coordinating with the Redemption Contact to schedule the Experience. You must maintain reasonable communication with the Redemption Contact throughout the scheduling process. Failure to make good-faith, ongoing efforts to schedule the Experience, including responding to inquiries within a reasonable timeframe, may result in forfeiture of the Experience and loss of refund eligibility.
5.3.a If your event is rescheduled via direct communications between you and your Redemption contact, you must notify Charitybuzz of the schedule update. Failure to notify Charitybuzz of changes to the scheduling of Experience will jeopardize refund eligibility.
5.4 If you encounter issues with communication or scheduling—whether for an Experience or delivery of Property—you must escalate the matter to Charitybuzz Customer Service promptly, and in any event within a commercially reasonable period under the circumstances. Failure to timely notify Charitybuzz of communication failures or fulfillment problems may affect your ability to qualify for a refund.
5.5 For Property Lots, items may be shipped to you directly or through Charitybuzz. You must report any damage, misdelivery, or missing items within 3 business days of delivery.
5.6 A Lot is considered Fulfilled when:
5.7 You must retain, photograph, and document all packing materials and contents of the package(s), including the Property, if a claim for repair, replacement, or refund is requested due to damage.
5.8 You agree to cooperate fully with Charitybuzz during any fulfillment or refund process, including timely responses to any inquiries or requests for documentation. Failure to participate in good faith may result in denial of a refund request.
6. Refunds and Disputes
6.1 Refunds may be granted only under the following conditions, provided that the issue has not been resolved through the communication or escalation procedures outlined in Section 5:
a. Property was not received, arrived damaged, or materially differed from the Lot description;
b. An Experience was canceled, significantly delayed, or could not be scheduled as described;
c. You report the issue to Charitybuzz within 7 business days of the event, delivery, or missed redemption window.
6.1 As part of the refund process, you agree to fully cooperate with Charitybuzz by providing timely responses to any requests for information or documentation. Failure to cooperate in good faith may result in denial of the refund request. As part of the refund process, you agree to fully cooperate with Charitybuzz by providing timely responses to any requests for information or documentation. Failure to cooperate in good faith may result in denial of the refund request.
6.2 Charitybuzz will assess refund claims in its sole discretion and may provide a full or partial refund of the Total Purchase Price. Refunds will not exceed the Total Purchase Price under any circumstance.
6.3 Buyers are required to exhaust all internal resolution steps through Charitybuzz before initiating a chargeback or external dispute. Improper chargeback conduct may result in forfeiture of participation privileges or recovery of fees incurred.
7. Limitations of Liability
7.1 Charitybuzz is not responsible for the actions or omissions of third parties, including Partners and Redemption Contacts.
7.2 While Charitybuzz makes every effort to confirm Offer details before launch, it cannot guarantee completeness or performance by third-party Sellers. Buyers accept this risk.
7.3 Under no circumstances shall Charitybuzz be liable for any amount exceeding the actual Total Purchase Price paid by the Buyer. Charitybuzz shall not be liable for incidental, indirect, punitive, or special damages, including but not limited to reimbursement of travel, lodging, or out-of-pocket expenses. To the fullest extent permitted by applicable law, you agree not to hold Charitybuzz, its affiliates, officers, directors, employees, agents, contractors, licensors, or representatives (“Covered Entities”) liable for any losses or damages, including but not limited to loss of money, goodwill or reputation, profits, or other intangible or consequential losses, arising from or related to your use of the Site or participation in any Offer. Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so these limitations may not apply to you.
8.1 The Charitybuzz mobile message service (the "Service") is operated by us. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Charitybuzz’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Charitybuzz through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with us. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +1 (866) 311-8093 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Charitybuzz mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +1 (866) 311-8093 or email customercare@charitybuzz.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.
9. Intellectual Property
9.1 All Site content is owned by or licensed to Charitybuzz and may not be reproduced without permission. Buyers are granted limited, non-exclusive access to use the Site for personal, non-commercial use.
10. Governing Law and Dispute Resolution
10.1 These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.
10.2 NOTICE OF MANDATORY ARBITRATION AND CLASS ACTION WAIVER: These Terms include provisions that govern how disputes between you and Charitybuzz will be resolved. Except as otherwise provided, you and Charitybuzz agree that any dispute or claim between us shall be resolved exclusively through final and binding arbitration and not in court. This means that, unless you opt out, you waive the right to a trial by jury or to participate in a class action lawsuit.
10.3 You may opt out of arbitration within thirty (30) days of first accepting these Terms by sending written notice to: Legal Department, Charitybuzz LLC, 437 Fifth Avenue, 11th Floor, New York, NY 10016, with the subject line “Arbitration Opt-Out.”
10.4 Unless you opt out of arbitration:
10.5 Any arbitration shall take place in New York County, New York, and shall be administered by a recognized arbitration service in accordance with its applicable rules.
10A. Email Correspondence
Charitybuzz communicates with Buyers primarily via email. By using the Services, you consent to receive all communications from Charitybuzz electronically, including redemption instructions, purchase confirmations, invoices, receipts, and other legally required disclosures. These communications will be sent to the email address associated with your User Account.
You are responsible for monitoring your email for communications from Charitybuzz and responding promptly when required. Failure to respond to Charitybuzz communications within a reasonable timeframe may result in forfeiture of a Lot or delay in redemption. Charitybuzz is not responsible for missed communications due to outdated or inaccurate email contact information.
10B. Publicity Grant
If you are the Winning Bidder of a Lot, Charitybuzz may request permission to use your name, city, state, likeness, and any testimonial statements in promotional materials. This may include advertising, public relations campaigns, social media, and other marketing channels, in any media now known or later developed, worldwide and in perpetuity, without compensation. If granted, you agree to execute any required waivers, consents, or releases to effectuate this permission.
10C. Monitoring and Enforcement
Charitybuzz reserves the right, but not the obligation, to monitor user activity on the Site and investigate suspected violations of these Terms. Charitybuzz may take any action it deems appropriate, including but not limited to issuing warnings, suspending or terminating Services, canceling transactions, or removing content from the Site.
Charitybuzz also reserves the right to investigate and take action against any misuse of credit cards, fraudulent activity, or behavior that poses legal risk to Charitybuzz, its users, or partners. Charitybuzz may disclose user information if required by law or if it believes in good faith that such disclosure is necessary to protect the rights, property, or personal safety of Charitybuzz, its users, Sellers, or the public.
10D. Intellectual Property Infringement and DMCA Takedown Procedure
If you believe that any content on the Site infringes your copyright, trademark, or other intellectual property rights, you may submit a written notice to Charitybuzz’s Designated Agent at: Legal Department, Charitybuzz LLC, 437 Fifth Avenue, 11th Floor, New York, NY 10016 or via email to partnerships@charitybuzz.com with the subject line “Copyright Agent Notice.”
Your notice must include the following:
Charitybuzz may remove or restrict access to allegedly infringing content and will take reasonable steps to notify the Partner who posted it. Repeat infringers may have their accounts suspended or terminated.
10E. Third-Party Links and Services
The Site may contain links to third-party websites, applications, or services that are not owned or controlled by Charitybuzz. Charitybuzz is not responsible for the content, privacy practices, or business practices of any third party. Inclusion of a link does not imply endorsement by Charitybuzz.
If you choose to visit or interact with any third-party service through a link provided on the Site, you do so at your own risk. You agree that Charitybuzz shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealings or the presence of such third parties on the Site.
You are encouraged to review the terms of use and privacy policies of any third-party websites or services you access through the Site.
10F. Indemnification
You agree to indemnify, defend, and hold harmless Charitybuzz, its affiliates, officers, directors, employees, agents, licensors, and representatives (“Covered Entities”) from and against any and all claims, demands, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Charitybuzz reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with such defense.
10G. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHARITYBUZZ AND ITS COVERED ENTITIES DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND SYSTEM INTEGRATION. CHARITYBUZZ DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO CERTAIN EXCLUSIONS MAY NOT APPLY TO YOU.
10H. Waiver of Claims
In the event you have a dispute with one or more users, you agree to release Charitybuzz and its Covered Entities from any and all claims, demands, damages (actual and consequential), losses, liabilities, and causes of action of every kind and nature, known and unknown, arising out of or in any way related to such disputes.
If you are a California resident, you waive California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release, which, if known by them must have materially affected their settlement with the debtor.”
If you reside in a jurisdiction that does not allow the exclusion of certain warranties or limitations of liability, this waiver may not apply to you.
10I. Termination
Charitybuzz reserves the right, at its sole discretion and without prior notice, to limit, suspend, or terminate your access to the Site or Services for any reason, including but not limited to violations of these Terms, suspected fraudulent activity, nonpayment, abuse of the Site or staff, or legal or regulatory concerns.
You may also terminate your use of the Site at any time by ceasing all access and use. Charitybuzz will not be liable to you or any third party for any suspension or termination of access to the Site or Services.
10J. Disclosure of Fees and Release from Fee-Related Claims
Charitybuzz is committed to full transparency regarding costs and fees associated with its Offers. To ensure compliance with applicable laws—including, but not limited to, California SB 478—and to support user clarity, Charitybuzz provides a "Cost Calculator" feature on each Auction Lot page, which estimates the Buyer’s Premium. See Section 4 for additional detail on how these fees apply to your transaction.
Charitybuzz continuously monitors evolving state and federal laws and makes reasonable, good-faith efforts to remain compliant. In the event future legislation imposes new requirements on fee disclosure, Charitybuzz will endeavor to update its platform accordingly.
While Charitybuzz strives to ensure the accuracy and completeness of the Cost Calculator, it may not reflect all possible fees or changes that occur after bidding. Buyers are responsible for reviewing all applicable fee information and should contact Charitybuzz with any questions prior to bidding.
By using the Services, you agree to release and hold harmless Charitybuzz from any future claims, liabilities, or damages—whether direct or indirect—arising out of or related to the disclosure (or non-disclosure) of fees, provided Charitybuzz has made good-faith efforts to comply with applicable laws at the time of your transaction.
11. Miscellaneous
11.1 These Terms constitute the entire agreement between you and Charitybuzz and supersede all prior agreements or representations.
11.2 If any provision is found to be unenforceable, the remaining provisions will remain in full force.
11.3 Charitybuzz may revise these Terms at any time.
11.4 Continued use of the Site after the effective date of changes constitutes acceptance.
11.5 No modification to these Terms by Charitybuzz employees shall be binding unless made in writing by an authorized legal representative.