Terms and conditions

1 Introduction

1.1 These Terms and Conditions (the "Terms and Conditions") shall govern your use of our Website located at actionconnected.com (our "Website") operated by Action Connected Corp. (the "Company").

1.2 We operate in several countries and these Terms and Conditions apply in each.

1.3 By using our Website in any way, you accept these Terms and Conditions in full and without modification; accordingly, if you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use our Website.

1.4 You warrant that no portion or feature of our Website is prohibited in any jurisdiction in which you reside or access our Website.

1.5 You agree that you are at least 13 years of age. We do not knowingly collect information from children younger than 13. However, you must be at least 18 years of age to use the donation and/or fundraising services on our Website; and by using these services on our Website or agreeing to these Terms and Conditions, you warrant and represent to us that you are at least 18 years of age.

1.6 Our Website uses cookies; by using our Website or agreeing to these Terms and Conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2.1 Copyright (c) 2015 Action Connected Corp.

2.2 Subject to the express provisions of these Terms and Conditions:

  • 2.2.1 we, together with our licensors, own and control all the copyright and other intellectual property rights in our Website and the material on our Website; and
  • 2.2.2 all the copyright and other intellectual property rights in our Website and the material on our Website are reserved.

2.3 The names Action Connected, actionconnected.com, the Action Connected logo designs and any other product and service names that we may present on our Website or its associated services from time to time may not be used in connection with any product or service that is not the Company's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Action Connected. Other trademarks, service marks or logos that appear on our Website or its associated services, in particular (but not exclusively) those of the members and users of our platform, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both Action Connected and the trade mark owner. You agree not to infringe upon any intellectual property of the Company or any third party used in connection with the website.

3 License to use website

3.1 The Company grants you a limited, revocable, non-exclusive, non-transferable license to use our Website for its intended purposes. You may:

  • 3.1.1 view pages from our Website in a web browser;
  • 3.1.2 download pages from our Website for caching in a web browser;
  • 3.1.3 print pages from our Website;
  • 3.1.4 stream audio and video files from our Website;
  • 3.1.5 and view, consult and download statistical data presented on our Website; and
  • 3.1.6 use all of our Website services by means of a web browser, subject to the other provisions of these Terms and Conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these Terms and Conditions, you must not download any material from our Website or save any such material to your computer.

3.3 You may only use our Website for your own personal and/or business purposes, according to your type of membership, and you must not use our Website for any other purposes.

3.4 Except as expressly permitted by these Terms and Conditions, you must not edit or otherwise modify any material on our Website.

3.5 Unless you own or control the relevant rights in the material, you agree not to:

  • 3.5.1 republish material from our Website (including republication on another website) without clearly stating Action Connected Corp. as source and owner of the material;
  • 3.5.2 sell, rent or sub-license material from our Website;
  • 3.5.3 show any material from our Website in public without clearly stating Action Connected Corp. as source and owner of the material;
  • 3.5.4 exploit material from our Website for a commercial purpose; or
  • 3.5.5 redistribute material from our Website.
  • 3.5.6 make derivates of, or in any way modify, any material found on our Website.

3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7 The services featured on this website are available all around the world. We do not warrant that the service from our Website will be uninterrupted, timely or error free, although it is provided to the best ability. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms and Conditions.

3.8 The services featured on this website are available all around the world. We do not warrant that the service from our Website will be uninterrupted, timely or error free, although it is provided to the best ability. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms and Conditions.

4 Acceptable use

4.1 Your license and access to our Website may be terminated, suspended, or limited at any time and for any reason by the Company without notice.

4.2 Without limiting the generality of Section 4.1, you agree not to:

  • 4.2.1 misrepresent your identity or affiliation with any other person or organization;
  • 4.2.2 use our Website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility or good reputation of the website;
  • 4.2.3 use our Website in any way that is harassing, offensive, unlawful, illegal, fraudulent or harmful, or in connection with any harassing, offensive, unlawful, illegal, fraudulent or harmful purpose or activity;
  • 4.2.4 use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • 4.2.5 conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;
  • 4.2.6 access or otherwise interact with our Website using any robot, spider or other automated means;
  • 4.2.7 violate the directives set out in the robots.txt file for our Website; or
  • 4.2.8 use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) without clearly stating Action Connected Corp. as source and owner of the material;
  • 4.2.9 use our Website to send junk email or 'spam' to people who do not wish to receive email from you;
  • 4.2.10 use our Website to conduct, display or forward raffles, lotteries, contests, pyramid schemes or chain letters;
  • 4.2.11 disclose any information relating to any funder except with the consent of the funder or as permitted by applicable local laws.

4.3 You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.

5 Registration and accounts

5.1 Our Website may make available several account types for which you can register. In the Company's sole discretion, we may allow or refuse membership in any of the account types.

5.2 To be eligible for an account as an individual donor (physical person / funder’s account) on our Website under this Section 5, you must:

  • 5.2.1 provide the mandatory information for signing up and validate your email account;
  • 5.2.2 be at least 18 years of age for being eligible to use the donation feature on our Website.

5.3 To be eligible for an account as a funder (for individual donor see 5.1) on our Website under this Section 5, you

  • 5.3.1 you must provide the mandatory information for signing up and validate your email account;
  • 5.3.2 have to declare your official legal status (Foundation, Corporation, Governmental Agency or Multilateral Organization)
  • 5.3.3 must provide further information we will ask, amongst others the year of incorporation or your official ID-number.

5.4 To be eligible for an account as an implementer on our Website under this Section 5, you

  • 5.4.1 you must provide the mandatory information for signing up and validate your email account;
  • 5.4.2 you have to be officially registered for at least 2 (two) years to be eligible for fundraising;
  • 5.4.3 provide your organization’s official registration and ID number(s) (depending on your kind of organization);
  • 5.4.4 you have to upload on our Website your official registration documents in order to be eligible to raise funds;
  • 5.4.5 have to declare your official legal status according to our sub-classification (International Non Governmental Organization (NGO), US Domestically-focused Non-Profit (Charity) or Non Governmental Organization (NGO) outside of US focused on domestic work);
  • 5.4.6 by declaring your legal status and agreeing to this Terms and Conditions you commit to abide by the respective rules applicable to your type of organization. This applies to all services and features offered on our Website. In case of violation of the laws in force you are the sole responsible and accountable in an all-encompassing way for every consequence arising from your violation.

5.5 To be eligible for an account as a beneficiary on our Website under this Section 5, you

  • 5.5.1 you must provide the mandatory information for signing up and validate your email account;
  • 5.5.2 assure that you are a Beneficiary of either a Project or an Implementer posted on our Website;
  • 5.5.3 commit yourself to act in a positive and valuable way according to your status of a Beneficiary within our Website.

5.6 You may register for an account with our Website by completing and submitting the account registration form on our Website, and clicking on the verification link in the email that will be automatically sent to you. You warrant that all information submitted by you to our Website at all times, including during registration, is true, complete, and accurate.

5.7 You must notify us in writing immediately if you become aware of any unauthorized use of your account.

5.8 You must not use any other person's account to access the website.

5.9 You must not use any other entity's account to access the website, unless you are explicitly allowed by that entity to do so.

6 User IDs and passwords

6.1 If you register for an account with our Website, you will be asked to choose a password.

6.2 Your must not use your account or user ID for or in connection with the impersonation of any person.

6.3 You must keep your password confidential.

6.4 You must change your password immediately if you become aware of any disclosure of your password.

6.5 You are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7 Fundraising and Donating

7.1 As an “Implementer” member you can raise both restricted and unrestricted funds on our Website, as described more fully herein and on our Website.

7.2 Everyone, regardless of being a member of our Website or not, can donate money both for restricted and for unrestricted use to implementers.

7.3 Action Connected charges fundraising fees to the implementer. These fees may be updated from time to time or at regular intervals and are charged at the time of the incoming donation (deducted from every single donated amount) according to the following criteria: The higher the total monthly volume (targeted amount) of all the projects from the implementer raising funds on our Website, the lower the applicable fundraising fees for that implementer. The applicable fundraising fees are as follows:

Total $ volume of all the ongoing projects posted by one implementer on AC Commission fees on raised funds
0 - 500k 12%
500k - 1M 11,5%
1M - 2M 11%
2M - 5M 10,5%
5M - 7,5M 10%
7,5M - 10M 9,5%
10M - 15M 9%
15M - 20M 8,5%
20M - 50M 8%
50M - 100M 7,5%
>100M 7%

Besides the fundraising fees no additional fees will be charged.

7.4 When processing through the third party payment processor known as Stripe Action Connected will create “managed accounts” through Stripe, a third party payment processor, to pay out the money raised (both restricted and unrestricted) to the implementer’s bank account through the payment provider Stripe. For more information see: https://stripe.com/docs/connect/managed-accounts.

7.5 An implementer is never allowed to allocate money raised as restricted funds (i.e. through projects) for unrestricted use. This is only allowed if money had previously been raised for a project (i.e. restricted), which will not be realized. In this case the fundraising entity might use the previously restricted funds for unrestricted causes.

7.6 Regardless of whether raising funds or donating money or generating any other kind of cash flow through our Website you assert that the origin, the destination and the path of the money together with every person and/or party connected with it, is in no case involved or affiliated with, or supportive of, any illegal action, including without limitation, organizations recognized as terror organizations or otherwise banned or prohibited in any country.

7.7 Every project featured on our Website has a contractual agreement with the Company authorizing the Company to collect donations on its behalf. Projects are listed on our homepage at the Company's discretion and may be featured or removed at any time and for any reason. Under no circumstance do we accept responsibility for the activities of the project and/or implementer. The project-implementing organization must have the appropriate authorization, permit or license to operate, as required by the local laws of the territory in which it operates.

7.8 The Company will charge your donation to your payment card account (using the details you provide at the time of donating) at the time of donating.

7.9 No refunds shall be granted for any payments processed through the website. All transactions are final.

7.10 The Company does not warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding the recipient’s use of any donation you may make through our Website or for any misuse or non-use of such donations by the recipient. After donations are made, all further dealings are solely between the funder and such recipient organization.

7.11 In the case of restricted fundraising (i.e. raising funds for a project posted on our Website) the funds are earmarked for this particular appeal and the fundraising organization is allowed to use the funds raised exclusively for this specific purpose.

7.12 In the case of unrestricted fundraising the recipient organizations reserve the right to use your donation for their general purposes. They will use your donation for any purpose in accordance with their own rules.

8 Tax Vouchers

8.1 By signing up as an implementer, which is eligible to raise funds and makes use of this functionality, you automatically enter into an Agency Agreement with the Company. This Agency Agreement is for the sole purpose for issuing Tax Vouchers to funders donating to your fundraising calls. The Company may, as determined by in the Company's sole and absolute discretion, issue tax Vouchers on behalf of your organization and send them to eligible funders.

8.2 After each donation for which the Company determines a tax voucher shall be awarded, the Company will automatically validate the eligibility of every funder to be issued a Tax Voucher on the donation made. If the funder meets the criteria for receiving a Tax Voucher (in the Company's sole and absolute discretion), the Company on behalf of the donation-receiving organization (i.e. implementer) will automatically send it to the funder’s email address.

9 Payment

9.1 The Company accepts payment by major credit cards and from PayPal accounts through a third party payment processing service. All payments must be made in full at the time of the initial payment.

9.2 When donating through our Website you accept all applicable legal agreements of our third party payment processors PayPal (primary) (see: https://www.paypal.com/us/webapps/mpp/ua/legalhub-full) and Stripe (secondary) (see: https://stripe.com/us/terms/).

9.3 When a donation is made on our Website and charged to the funder’s card the transaction is final and not disputable unless unauthorized use of the payment card / account is proved. If you become aware of fraudulent use of your card / account, or if it is lost or stolen, you must notify your card / account provider in accordance with its reporting rules.

9.4 Returned payments will incur a $25 charge to cover banking fees and administrative costs.

9.5 The Company will forward the donation to the implementer the donation was made for or the implementer that is implementing the project the donation was made for within 30 days of the receipt of payment.

10 Cancellation and suspension of account

10.1 Depending on your type of membership, you may cancel your account on our Website as follows:

  • 10.1.1 As individual donor (physical person / funder’s account) you may cancel your account at any time;
  • 10.1.2 As funder you may cancel your account at any time;
  • 10.1.3 As implementer you may cancel your account at any time. All ongoing fundraising activities will be immediately canceled upon your cancellation. The amounts raised and not yet paid to you will be paid by the end of the following month. During this time your account will be inactive, not visible to any other member of our Website. Once all outstanding payments will have been settled, your account will be deleted; and
  • 10.1.4 As beneficiary you may cancel your account any time.

10.2 If you cancel your account we reserve the right to make a soft deletion of your account: Your account will not be accessible anymore and not be visible to anyone. However, the Company will retain the ability to access the data on our Website.

10.3 These Terms and Conditions will survive termination.

11 Your content: license

11.1 For purposes of these Terms and Conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, statistics, scripts, software and files) that you submit to us or our Website for storage or publication on, processing by, or transmission via, our Website.

11.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / on and in relation to this website and any successor website.

11.3 You grant to us the right to sub-license the rights licensed under Section 11.2.

11.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 11.2.

11.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

11.6 Without prejudice to our other rights under these Terms and Conditions, if you breach any provision of these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may delete, unpublish or edit any or all of your content.

12 Your content: rules

12.1 You warrant and represent that your content will comply with these Terms and Conditions.

12.2 You warrant that your content will not be illegal or unlawful, infringe upon any person’s or organization’s legal rights, and must not be capable of giving rise to legal action against any person or organization (in each case in any jurisdiction and under any applicable law)..

12.3 Your content, and the use of your content by us in accordance with these Terms and Conditions, must not:

  • 12.3.1 be libellous or maliciously false;
  • 12.3.2 be obscene or indecent;
  • 12.3.3 infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  • 12.3.4 infringe any right of confidence, right of privacy or right under data protection legislation;
  • 12.3.5 constitute negligent advice or contain any negligent statement;
  • 12.3.6 constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  • 12.3.7 be in contempt of any court, or in breach of any court order;
  • 12.3.8 be in breach of racial or religious hatred or discrimination legislation;
  • 12.3.9 be blasphemous;
  • 12.3.10 be in breach of official secrets legislation;
  • 12.3.11 be in breach of any contractual obligation owed to any person;
  • 12.3.12 be pornographic;
  • 12.3.13 be untrue, false or misleading;
  • 12.3.14 consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  • 12.3.15 constitute spam; or
  • 12.3.16 be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.

12.4 Notwithstanding anything else contained herein, the Company reserves the right to remove or edit any content posted on our Website at our sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene, racist, libelous, misleading, deceptive or if the copyright status is in doubt. If you notice any such content or suspect a breach of copyright, please email us at info@actionconnected.com.

13.1 If you create a link to this website or 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.

13.2 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 we 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. Action Connected 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.

14 No warranty; limitation of damages

14.1 The Company makes no guarantee or promise as to the effectiveness of any information provided by our Website or any users on our Website, including content and fundraising projects posted by others. Further, you expressly release the Company from any claims relating to the actual use of funds raised, processed, distributed, or collected through our site.

14.2 The Site is provided "as-is" with no warranties of any kind, whether express or implied. The Company shall in no way be responsible for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of our Website or services of the Company including, without limitation, death, bodily injury, emotional distress, and/or any other damages.

14.3 You agree to indemnify and hold the Company, its subsidiaries, parents, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability or claim, made by any third party due to or arising out of your breach of or failure to comply with these Terms and Conditions, your use of our Website, and your violation of any statute, regulation, ordinance, code, or agreement.

14.4 Without limiting anything in this Section 14, in no event shall the Company and its subsidiaries, parents, or affiliates, and its and their officers, agents, partners, and employees, total liability to you for any cause whatsoever exceed the amount paid by you to the Company.

14.5 No warranty; limitation of damages

15. Modification

15.1 We may revise these Terms and Conditions at any time.

15.2 The revised Terms and Conditions shall apply to the use of our Website from the date of publication of the revised Terms and Conditions on the website. It remains your responsibility to access and check these Terms of Service wherever you access the Website. The latest version of these Terms of Service will govern any future usage by you of the Website and its associated services. Upon modification of these Terms and Conditions, you shall be notified via email or within our Website.

16 Assignment

16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions.

16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions.

17 Severability

17.1 If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2 If any unlawful and/or unenforceable provision of these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18 Third party rights

18.1 These Terms and Conditions are for our benefit and your benefit, and these Terms and Conditions are not intended to benefit or be enforceable by any third party.

18.2 The exercise of the parties’ rights under these Terms and Conditions is not subject to the consent of any third party.

19 Entire agreement

19.1 Subject to Section 15.1, these Terms and Conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our Website and shall supersede all previous agreements between you and us in relation to your use of our Website.

20 Law and jurisdiction

19.1 These Terms and Conditions shall be governed by and construed in accordance with the Law of California. All disputes arising out of these Terms and Conditions or related in any way to your use of our Website shall be brought exclusively in the courts of San Francisco County, California.

21 Notice

21.1 You may contact the Company at: Action Connected Corp., 424 Clay Street, Suite CSF, San Francisco, CA 94111, USA.

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