Last Updated: December 5, 2023

This Donor Agreement is a part of Copia’s Terms of Service (“Terms”) and is incorporated therein by this reference. 

By using and accessing the Copia Platform and services, including the usage of Delivery Providers or other logistic services, each Donor agrees, represents, warrants, and acknowledges that:

You are an authorized representative of the company, organization, or other entity (Donor).

1. Copia’s Application Usage
   1. Donor agrees to only allow authorized users to access Copia’s application using their user account and is responsible for all activity that occurs on their account. Any donations submitted with their user account will be treated strictly as intent to donate.
   2. Donor agrees to enter donation contents accurately which may include item categories, weight, cost and other required relevant information. This information is used to determine the cost of Services to Copia, therefore, Donor certifies that all donation information entered is accurate and correct. In the event that donation contents are altered, misrepresented, damaged, missing, or disposed of (in accordance to Section 3.3), Copia may adjust donation information to accurately represent donation contents. Any adjustments made may result in an additional charge, where applicable. In the event that donation contents and/or values are less than reported, Copia reserves the right not to adjust payment. 
   3. In the event Donor chooses to apply Copia’s average cost values, Donor acknowledges that Copia’s average cost value data is based on available sources, including but not limited to, internal, vendor or publicly available information. By choosing to apply Copia’s average cost values, Donor is solely responsible for its implications and certifies the accuracy of information to the best of their knowledge. 
   4. Donor agrees to donate only available and acceptable items unless otherwise agreed upon in writing, and will not include any prohibited items as listed in License Restrictions, whether consented to by Delivery Provider, Recipient Agency or not. 
   5. Donor must maintain or update contact information at all times by changing within their user account or notifying Copia. Contact information includes, but is not limited to, contact individuals, addresses, phone numbers, email addresses, pick up instructions, and other information relevant to its organization or operation.
   6. Donor acknowledges that Copia does not provide tax advice and is in no way meant to substitute a tax professional’s advice or act as a tax expert. All tax related inquiries should be directed to a tax professional. Copia’s tax calculations reference US Internal Revenue Services tax deduction formulas. Donor must maintain or update tax value information at all times by changing within their user account. By entering tax value data, Donor is solely responsible for and certifies the accuracy and completeness of the information. 
   7. Donor acknowledges that Copia’s reporting is based on individual and global Copia Donor input data and may include industry standard references. Copia strives for the accuracy of provided information and may update information from time to time.
   8. Copia does not guarantee the ability to donate, Recipient Agency availability, and/or acceptance of donations by any Recipient Agency. 
2. Food Safety
   1. Donor represents and warrants that it will comply with all laws, rules and regulations applicable to Copia’s performance of services, including all applicable food safety standards.
   2. Donor agrees to package all items sufficiently to withstand vehicle transport, based on the item’s level of risk, fragility or spoilage, in order to ensure a) the safety and integrity of the item and b) compliance with all applicable laws.
   3. Donor acknowledges the Bill Emerson Good Samaritan Food Donation Act (42 U.S. Code § 1791) and represents that they are a qualified direct donor. Furthermore, Donor agrees to donate apparently wholesome food in compliance with applicable state and local health, food safety, and food handling laws and regulations.
3. Delivery Services
   1. Donor agrees to be responsive and available for donation to be picked up upon Delivery Provider or Recipient Agency arrival. The Delivery Provider, Recipient Agency or Copia may contact Donor at the provided contact information to inquire or update status of delivery through phone, mobile application notification, or electronic mail. If Donor is unresponsive or unavailable, or the donation is not accessible for any reason, for no less than 5 minutes upon notice of arrival, service charges may apply.
   2. Each donation must fit in a standard passenger vehicle unless otherwise arranged for and by Copia. If on Delivery Provider or Recipient Agency arrival, it is determined that the donation will not fit in such vehicle, an additional or large vehicle may be dispatched or the donation may be canceled in Copia’s sole discretion. Additional charges incurred with an additional or large vehicle will be billed to the Donor’s payment on file.
   3. Copia, Recipient Agency or Delivery Provider reserves the right to dispose of any items that are prohibited, apparently unfit or unsafe for transport or consumption in its sole discretion and reserves all rights to dispose of these items, including delivery to the proper authorities which may result in an unsuccessful donation. Furthermore, Donor agrees to allow the Recipient Agency or Delivery Provider to visually inspect all items prior to completing a delivery.
   4. In the unlikely event that a donation is returned, Donor agrees to store the returned items safely until another delivery is arranged or it is no longer suitable for donation, whichever occurs first.
   5. For rescheduling or cancellations, Donor may contact the Copia Support Team to initiate these requests. Please note that once a Delivery Provider or Recipient Agency is en route and/or the delivery has begun, Donor may no longer have the option to reschedule or cancel the delivery. If Copia is able to reschedule or cancel the delivery, Donor may be charged applicable fees, including but not limited to, service fees, technology fees and cancellation fees.
4. Self Delivery
   1. Subject to availability, Donor may elect to utilize Copia’s Self Delivery option to deliver such donations to Recipient Agency and their facilities. 
   2. Donor agrees to use the Copia’s mobile application to deliver each Self Delivery donation to the matched Recipient Agency by following dropoff instructions during the selected time window for delivery. Donor must use Copia’s mobile application to complete the delivery process, any donations that do not conform to this requirement may be voided, become null and removed.
   3. Donor agrees to transport all items properly to protect from damage and spoilage during transport including temperature control, if applicable. 
   4. Donor acknowledges and agrees to adhere to all safety and traffic laws and is solely responsible for any liability arising from personal or property damage, or bodily injury.
   5. Donor agrees to adhere to health and safety guidelines by prohibiting in-person contact between any Donor employee, driver, or affiliate experiencing symptoms of illness with any Recipient Agency, Delivery Provider, Copia employee or affiliate to prevent spread of such illness or virus. Donor expressly agrees not to dispatch its drivers to deliver donations if the driver is not feeling well.
   6. In addition to Insurance requirements in Section 6, in connection to performance of Self Delivery services, Donor shall obtain Automobile Liability Insurance inclusive of owned, hired and non-owned coverage as applicable, covering Donor and its drivers (regardless of whether the vehicles driven by Donor, Donor’s drivers or a third party) of $1,000,000 per occurrence.  Donor and its drivers must maintain a current and valid automobile insurance policy with limits of liability at least equal to any minimum limits of liability required under applicable law.
5. Insurance Requirements.
   1. Donor shall obtain and maintain all proper and necessary insurance to guard against all applicable risk at its sole cost and expense, including, but not limited to, the following: Commercial General Liability on an “occurrence basis,” with a limit of no less than $1,000,000 USD combined single limit per occurrence for bodily injury, advertising injury, personal injury and property damage.
6. General
   1. Donor agrees not to knowingly engage, solicit, or facilitate donations directly with Copia’s Recipient Agencies outside of the Copia Platform and services.
   2. Donor agrees to act in a professional and courteous manner when engaging with Copia, Recipient Agency, Delivery Provider, or affiliates in connection with the Copia Platform and services.
   3. Donor acknowledges that donation receipts generated by the Copia Platform are confirmation that a donation was successfully completed between the Donor and Recipient Agency by using commercially reasonable validation methods including, but not limited to, Copia and third-party delivery data; and Donor and Recipient Agency input data. Copia reserves the right to review and dispute the status of any donation through Copia’s dispute resolution process.
   4. Donor agrees not to discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.