Terms of Service
Terms of Service
These Terms of Service (“Terms”) apply to your access to and use of the websites, applications and other online products and services (collectively, our “Platform”) provided by ______________________ (“HelpUA” or “we”). By creating an account or otherwise accessing the Platform, you agree to these Terms. If you do not agree to these Terms, do not access or use our Platform.
1. Overview of Our Platform
(a) Our Platform provides a platform that may be used by an organization or group with a shared purpose (a “Collective”) to collect and disburse funds for expenses that support the Collective. Our platform provides only information on volunteer fundraising initiatives aimed to provide support for humanitarian relief in Ukraine.
(b) For clarity, our Platform does not store or transmit funds.
(c) You acknowledge and agree that: (i) HelpUA is not a party to and has no responsibility or liability with respect to any communications, transaction, interactions, disputes, or any relationships whatsoever between users; (ii) HelpUA does not have any responsibility to investigate or verify the reputation, conduct, morality or criminal background of any user; and (iii) HelpUA has no responsibility with respect to determining or paying applicable taxes with respect to the Collective or any users.
(a) You must be at least 18 years of age to access or use our Platform. If you are accessing or using our Platform on behalf of another person or entity, (i) you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be bound by these Terms and to be responsible to us if you violate these Terms, and (ii) references to “you” will
mean you and that person or entity, collectively. To use the Platform you represent that you have never committed, participated in, or been prosecuted for fraud.
(b) You may not access or use our Platform if you are located in a jurisdiction where the provision of our Platform is prohibited by law (a “Prohibited Jurisdiction”), and you may not provide access to our Platform to any entity or individual located in any Prohibited Jurisdiction. You represent and warrant that: (i) you are not named on any U.S. government/EU list of persons or entities prohibited from receiving exports, or transacting with any U.S./EU person; and (ii) you are not a national of, or a company registered in, any Prohibited Jurisdiction.
3. User Accounts and Account Security
You may need to register for an account to access of the Platform. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You are responsible for all activities that occur in connection with your account and accept all risks of unauthorized access.
4. Terms for Contributors
(a) Before committing to make any contribution, each Contributor must (i) read the full description of the Collective and its mission.
(b) Contributions. Each contribution you make is paid directly to the Collective.
(c) Refunds. Except as provided in these Terms, ALL CONTRIBUTIONS ARE FINAL, AND THERE ARE NO REFUNDS. You agree to look solely to the Collective to resolve any disputes regarding contributions that you make. When you make a contribution through the Platform, it is your responsibility to understand how your money will be used.
(d) Intellectual Property Rights. The Collective hereby grants to HelpUA a non-exclusive, non-transferable license to use and display the Collective Marks in connection with Platform.
Fees to HelpUA. HelpUA is a 0 Fees platform. We offer donors to give a tip to our platform so the whole donation amount goes to the Collective.
6. User Content
(a) Our Platform may allow you and other users to create, post, store and share content, including messages, text, photos, videos and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and HelpUA.
(b) You grant HelpUA and its affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Platform, you understand that your User Content and any associated information (such as your username or profile photo) will be visible to the public.
(c) You may not to create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time if we believe it is in breach of these Terms.
7. Conduct and Content Requirements
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Platform.
You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about HelpUA or our products (collectively, “Feedback”), is non-confidential and will become the sole property of HelpUA. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
(a) We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Platform. We do not control the collection of contributions or the disbursement of expense payments through our Platform.
(b) Your use of our Platform is at your sole risk. Our Platform is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, HelpHubUA does not represent or warrant that our Platform is accurate, complete, reliable, current or error-free. While HelpHubUA attempts to make your access to and use of our Platform safe, we cannot and do not represent or warrant that our Platform or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Platform.
10. Limitation of Liability. Disputes. Application law
HelpUA and the other HelpUA Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if HelpUA or the other HelpUA Parties have been advised of the possibility of such damages.
The legislation of Ukraine shall apply to these Terms. Each party unequivocally agrees that the relevant courts of Ukraine have exclusive jurisdiction over any claims, disputes or disagreements regarding the Terms.
11. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Platform and update the “Last Updated” date above.
12. Termination or Suspension
We reserve the right, without notice and in our sole discretion, to terminate or suspend your account or your right to access or use our Platform. A Collective can also be suspended or discontinued at any time by us. We are not responsible for any loss or harm related to your inability to access or use our Platform. You may stop using the Platform at any time. If we terminate or suspend your access to your account or our Platform, any licenses or rights we grant under these Terms will be immediately revoked.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and relating to your access to and use of our Platform. The failure of to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended
solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.