Terms of service

OVERVIEW

Welcome to Water of Mercy Inc. The terms "Water of  Mercy", "we", "us" and "our" refer to Water of Mercy Inc., a 501(c)(3) tax-exempt nonprofit organization. Water of Mercy Inc. operates this donation platform and website, including all related information, content, features, tools, and services in order to provide you, the donor, with the ability to support our charitable mission of bringing clean water to Malawian villages (the "Services"). Water of Mercy Inc. is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online donation platform or making any charitable contributions, you may be asked to provide certain information, such as your email address, billing, payment, and contact information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR CHARITABLE MISSION

Water of Mercy Inc. is a 501(c)(3) tax-exempt nonprofit organization dedicated to bringing clean water to Malawian villages. We have made every effort to provide an accurate representation of our programs and services on our website. However, please note that images or program descriptions may differ from actual field conditions due to the dynamic nature of international development work.

We do not warrant that the outcomes of any programs or services will meet specific expectations, as charitable work in developing regions involves inherent uncertainties and challenges beyond our control.

All descriptions of programs and services are subject to change at any time without notice at our sole discretion based on field conditions, funding availability, and program needs. We reserve the right to modify or discontinue any program at any time and may limit the scope of any programs based on available resources, geographic accessibility, or safety considerations.

SECTION 3 - DONATIONS AND CONTRIBUTIONS

When you make a donation, you are making a voluntary charitable contribution to support our mission. Water of Mercy Inc. reserves the right to accept or decline any donation for any reason at its discretion, including but not limited to compliance with applicable laws and regulations governing charitable organizations.

Tax Deductibility: Water of Mercy Inc. is a 501(c)(3) tax-exempt nonprofit organization and contributions are tax-deductible to the extent permitted by law. Please consult your tax advisor for guidance applicable to your specific situation. At checkout you will be prompted to add an email address. When the dontation transaction is complete we will email a receipt to you. This is your donation receipt for your records. Please retain this receipt, as it may be required to substantiate your charitable contribution for tax purposes, subject to applicable law. Our tax identification number (EIN) is 39-2413812.

Fund Allocation: Unless specifically designated for a particular program, all donations will be used to support our general charitable purposes at the discretion of our Board of Directors. We reserve the right to redirect restricted donations to similar charitable purposes if the specified program is discontinued or fully funded.

Sponsorship Programs: We offer organizations (churches, schools, companies, etc.) the opportunity to sponsor well projects, which may include special branded recognition in the sponsored village and promotional opportunities to help engage their members or community in co-funding efforts. Water of Mercy Inc. reserves the right, in our sole discretion, to accept or reject any sponsorship proposal or sponsor, including the right to terminate sponsorship arrangements that we determine are not aligned with our charitable mission, values, or organizational standards.

You represent and warrant that your donations are made voluntarily for charitable purposes and not in exchange for goods or services of equal value.

SECTION 4 - DONATION PROCESSING

Donation amounts are subject to processing fees charged by third-party payment processors. The amount you contribute will be the amount processed, with applicable fees deducted by the payment processor.

You agree to provide current, complete and accurate donation and payment information. You agree to promptly update your account and other information, including your email address and payment information, so that we can process your donations and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the donation, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the amounts specified.

SECTION 5 - REFUND POLICY

All donations are final and cannot be refunded or returned. By making a donation, you acknowledge that your contribution is irrevocable and that Water of Mercy Inc. will rely on your donation in planning and implementing our charitable programs.

In exceptional circumstances involving processing errors or unauthorized transactions, we may, at our sole discretion, provide refunds in accordance with applicable law and our fiduciary duties as a nonprofit organization.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, videos, and audio content, and the design, selection, and arrangement thereof, are owned by Water of Mercy Inc., its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only in connection with making charitable donations and supporting our mission.

Content Usage Rights: You may use or republish content, images, or videos from this website for the purpose of supporting or promoting Water of Mercy's mission, provided that you meet these three requirements:

  1. Proper Attribution: Include attribution such as "Image courtesy of Water of Mercyâ„¢".
  2. No Misleading Modifications: Content must not be modified in a misleading or harmful way.
  3. No Implied Endorsement: Use must not imply endorsement by Water of Mercy without prior written consent.

Trademark Protection: Water of Mercyâ„¢ and the Water of Mercy logo are trademarks of Water of Mercy Inc. They may not be used independently or for unrelated purposes without prior written permission. All rights reserved.

If you have any questions about the use or republishing of content, images, or videos from this website, please contact us directly.

All other uses of our content beyond the mission-supportive purposes outlined above require our prior written consent. Shopify's name, logo, and other marks are trademarks of Shopify.

SECTION 7 - THIRD-PARTY SERVICES AND LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including payment processors and other service providers. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites.

We are not liable for any harm or damages related to your access of any third-party websites or your use of any third-party services. Complaints, claims, concerns, or questions regarding third-party services should be directed to the third-party.

SECTION 8 - RELATIONSHIP WITH SHOPIFY

Water of Mercy Inc. is powered by Shopify, which enables us to provide the Services to you. However, any donations you make through our platform are made directly with Water of Mercy Inc. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of our charitable programs or the use of donated funds.

SECTION 9 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which is auto-generated by Shopify and can be viewed on our website. By using the Services, you acknowledge that you have read and agree to our privacy practices.

SECTION 10 - PROGRAM DISCLAIMERS

International Operations: Our charitable work is conducted in Malawi and other developing regions where conditions can be challenging and unpredictable. We cannot guarantee specific timelines for project completion or particular outcomes due to factors including but not limited to weather, political conditions, supply chain disruptions, and local circumstances beyond our control.

Force Majeure: We shall not be liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, governmental actions, pandemics, or other circumstances affecting our ability to carry out charitable programs.

No Warranties on Charitable Outcomes: While we strive to maximize the impact of every donation, we make no warranties or guarantees regarding specific charitable outcomes or the success of particular projects.

SECTION 11 - PROHIBITED USES

You may access and use the Services for lawful charitable purposes only. You may not access or use the Services for any purpose that conflicts with our charitable mission or tax-exempt status, including but not limited to: (a) any unlawful purpose; (b) to violate any laws or regulations; (c) to infringe upon intellectual property rights; (d) to harass, abuse, or harm any person; (e) to transmit false or misleading information; (f) to impersonate any other person or entity; or (g) to engage in any conduct that may harm Water of Mercy Inc., our beneficiaries, or expose us to liability.

SECTION 12 - TERMINATION

We may terminate this agreement or your access to the Services at any time in our sole discretion, particularly if such action is necessary to protect our charitable mission or tax-exempt status.

SECTION 13 - DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT CHARITABLE PROGRAMS WILL ACHIEVE SPECIFIC OUTCOMES.

SECTION 14 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL WATER OF MERCY INC., OUR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY CHARITABLE PROGRAMS, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Water of Mercy Inc., and our directors, officers, employees, volunteers, agents, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms of Service, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.

SECTION 16 - GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the state where Water of Mercy Inc. is incorporated, without regard to conflict of law principles.

SECTION 17 - CHANGES TO TERMS

We reserve the right to update these Terms of Service at any time. We will notify you of material changes in accordance with applicable law. Your continued use of the Services following any changes constitutes acceptance of those changes.

SECTION 18 - SEVERABILITY

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

SECTION 19 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to through our online contact form.

Water of Mercy Inc.
EIN: 39-2413812

Last Updated: [09-07-2025]