Terms of Use

Pass it Forward Limited (“PIF”, “Pass it Forward”, “we”, “us”, “our”) with company number 014697V and registered office at Unit 2W – Second Floor, Quay House, South Quay, Douglas, Isle of Man, IM1 5AR operates www.passitforward.com (the “Platform” or the “Website”) and its associated services subject to the following terms of use (as amended from time to time, the "Terms").

Please read these Terms carefully. By accessing and using the Website, you accept and agree to be bound by the Terms. If you do not wish to be bound by these Terms, you should not continue to use or access the Website or its associated services.

We reserve the right, at our sole discretion, to change or modify the Terms at any time. It remains your responsibility to access and check the Terms whenever you access the Website. The latest version of the Terms will govern any future usage by you of the Website and its associated services. The date the Terms were last revised is stated at the end of this document.

We operate in a number of countries and these core terms of use apply in each.

About the beneficiaries and campaigns

The Website and its associated services allows charities or other non-profit organisations ("Beneficiaries") to post a project, cause, undertaking or campaign (generally a “Campaign”) to the Platform to accept monetary donations or other services (“Donations”) from registered users (“Donors”) wishing to contribute to the Campaign. Every Beneficiary featured on the Website is required to accept these Terms before posting a Campaign.

Campaigns are listed on the Website at PIF's discretion, however we cannot accept responsibility for the activities of the Beneficiaries. By registering to the Website and its services, a Beneficiary declares that it is lawfully registered according to the local laws of the territory in which it operates and it has the appropriate authorisation, permit or license to operate as a charity or non-profit organisation and to receive donations. You should carefully read the description of the Campaigns and verify independently that the Beneficiary and Campaign are genuine and suitable to receive donations. Unless otherwise indicated, PIF does not endorse and has no affiliation with any of the Campaigns. It is your responsibility to check that you are donating to the Campaign you intended.

PIF is a Platform and facilitates the Donation transaction between you and the Beneficiaries. We have no control over the conduct of, or any information provided by the Beneficiaries and PIF disclaims all liability in this regard to the fullest extent permitted by law.

Beneficiaries

You as a Beneficiary, represent, warrant and covenant that (i) all information you provide in connection with a Campaign is accurate, complete and not designed to mislead, defraud, or deceive users; (ii) Donations contributed to your Campaign will be used solely as described in your Campaign; (iii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds; (iv) you have and will maintain any required and/or appropriate insurance in relation to a Campaign; (v) to the extent you share with PIF any personal data of any third party for any purpose, you have the authority and where necessary, the consent, required under applicable law to provide PIF with such personal data and allow PIF to use such personal data for the purposes for which you shared it with us. You authorise PIF and PIF reserves the right to, provide information relating to your Campaign with Donors to your Campaign, and with law enforcement or to assist in any investigation.

Corporates

You as a corporate user represent, warrant and covenant that (i) you are duly incorporated and validly exist under the laws of the jurisdiction in which you are incorporated (or, if different, have your principal place of business); (ii) you have full power to register to the Website and accept these Terms; (iii) you have the appropriate authorisations, permits or licenses to give donations; (iv) to the extent you share with PIF any personal data of any directors, officers, employees or any other third party for any purpose, you have the authority and where necessary, the consent, required under applicable law to provide PIF with such personal data and allow PIF to use such personal data for the purposes for which you shared it with us. You authorise PIF and PIF reserves the right to, provide information relating to your company with Beneficiaries and and with law enforcement or to assist in any investigation.

User content

You are entirely responsible for all information, data, text, music, sound, photographs, graphics, images, videos, messages, tags, trademarks, logos, brands or other materials ("Content") that you upload, post, transmit or otherwise make available via the Platform (“Upload”). You represent and warrant that any Content you Upload is your original work or that you have the right, consent or license required to use it and it is not copyright-protected. Should any Content be copyright-protected you will obtain the copyright owner’s consent. PIF reserves the right to remove any Content at its sole discretion and without notice if its copyright status is in doubt.

You understand and agree that by making available any Content via the Website, you hereby grant PIF and its affiliated companies a perpetual, irrevocable, worldwide, royalty-free, fully paid up, non-exclusive, transferable, sublicensable, license to copy, use, upload, perform, store, modify, reproduce, publish, broadcast, display, distribute or otherwise use your Content in any format, using any medium, to promote, advertise or market PIF or a Campaign or for any other purpose. Without limiting the foregoing, if any Content contains your name, image or likeness, you hereby release and hold harmless PIF and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel; (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness; and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your Content, name, image or likeness. Further, if any person (other than you) appears in your Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of PIF in a manner fully consistent with the licenses, waivers and releases set forth above.

You understand that Content provided by others via the Website, may include materials from third parties, such as links to third-party's websites. You agree that PIF is not responsible for examining and/or evaluating the Content or its accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

You acknowledge that PIF may or may not pre-screen Content, and that PIF shall have the right (but not the obligation) at its sole discretion to pre-screen, refuse, or remove any Content that is available via the Platform. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree that you will not use the Platform to:

  • Upload any Content that is fraudulent, misleading, or distorted; which breaches or violates proprietary rights, including (but not limited to) copyrights, patents, trademarks, industrial designs and trade secrets or other intellectual property rights; which is pornographic, obscene, crude, sexual, explicit or harsh; which pertains to minors, provide identifying elements, personal detail addresses or other means of communication with minors; which is computer program, computer code or application infected with computer viruses, including hostile programs such as Trojan Horses, computer worms, vandals or malicious applications which may destroy or limit the use of any computer or telecommunications equipment; which constitutes, slander, libel, defamation, invasion of privacy, or injures a person's reputation; which is badgering, offensive, threatening or of rude nature; or which is in any other way unlawful, harmful, threatening, abusive, harassing, or racially, ethnically or otherwise objectionable or that you do not have a right to make available under any law or contract or other relationship;
  • target or harm minors in any way;
  • impersonate any person or entity or otherwise misrepresent your affiliation with another person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Platform;
  • Upload or use the Website for unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by any applicable regulatory commission, any rules of any applicable national or other securities exchange, and any regulations having the force of law.

The above are examples of the kind of content and/or use that is illegal or prohibited by PIF and the list is not exhaustive. PIF reserves the right to take appropriate action against anyone who, in PIF’s sole discretion, violates any of the terms or the spirit of these Terms, including, without limitation, removing the offending content, suspending or terminating your account and taking appropriate legal action.

Your account

In order to use the Platform, you must register for an account with PIF (“Account”) and provide certain personal information. You represent and warrant that all required registration information you submit is truthful and accurate and you will maintain the accuracy of such information.

You should keep your registration details (including your password and log-in) secure and must not give them to any other person. If you discover or suspect that your registration and/or Account details are known by a third party or are being used without authorisation or suspect any other breach of security, you must inform PIF immediately via the following e-mail address: support@passitforward.com.

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. PIF will not be liable for any loss or damage arising from your failure to protect your password or your Account.

For corporate users, the Platform includes a corporate grant maker account feature ("CGM Account") that enables large corporations to manage its group through the Platform. These Terms apply also as to the CGM Account.

Privacy

PIF’s Privacy Policy forms part of these Terms. By using the Website, you consent to our collection and use of personal data as outlined therein.

Age restriction

The Platform is intended and permitted only for individuals 18 years of age or older. Children under the age of 18 may not use the Platform in any way. By using, accessing or registering with the Platform, you declare that you are 18 years of age or older. If you are under the legal age of majority in your jurisdiction (normally 18 years), then you must obtain permission from your parent or legal guardian to use the Platform and accept these Terms. PIF reserve the right to terminate an Account, if we find that you are younger than the minimum age specified above. We may request additional information to confirm your age at any time.

Donations

Monetary Donations can be made using any of the options offered on the Platform (e.g. credit card, debit card, PayPal). In this regard, the special conditions of the respective payment provider will also apply. The Donation process on the Website is secure. Data is transmitted using an encrypted connection (SSL) and is only processed by PIF in connection with the Donation.

Donors may opt not to reveal their account information if they prefer to give an anonymous donation. In such a case the Donor’s account information will be used only for authentication purposes during the payment process and will not be disclosed to the Beneficiary.

By registering a Campaign on the Website, Beneficiaries agree and undertake that any Donations received by them through the Website will be used only for the activities described on the Campaign page as published by them on the Website. PIF is not responsible for any dissatisfaction you may have regarding the Beneficiary’s Campaign’s use of any Donation you make through the Website or its associated services or for any misuse or non-use of such Donation by the Beneficiary.

User conduct

Unless you have obtained any necessary license or permission and comply with all applicable laws, you must not provide a Donor with any gift, prize or other incentive in connection with the making of a Donation.

Giving back

Beneficiaries will be required to post on the Website what they are willing to give back in exchange for Donations (the "Give Back"). The Give Back can be in any form of service, voluntary work, etc.

Taxes

PIF is not an accounting, taxation or financial advisor, and you should not rely on information given on the Website or its associated services to determine the accounting, tax or financial consequences of making a Donation. It is solely your responsibility to assess, collect, report, or remit the correct tax, if any, to the appropriate tax authority. By using the Website you acknowledge that PIF may file certain reports with tax authorities regarding transactions that are being processed by PIF and entities to which PIF provide card payment services. PIF reserves the right to report, at its sole discretion, relevant revenue to tax authorities regarding card payment transactions processed by PIF on your behalf, to the extent it is required to do so by applicable law.

Voluntary Tips

PIF does not charge any fee, and the full amount of each Donation goes to the relevant Beneficiary. Donors can support PIF by adding a voluntary tip on top of each Donation.

Refunds

Subject to any applicable local laws, you agree that all Donations are final and therefore not refundable. If you believe that there are special circumstances under which you should be entitled to a refund, you should contact support@passitforward.com where your request will be forwarded on to the relevant Beneficiary for their consideration. You accept that PIF has no authority to provide a refund of a Donation without the prior consent of the Beneficiary.

Access

PIF will make every effort to ensure that the Website operates correctly and runs smoothly. PIF does not accept any responsibility or liability to you if the Website becomes temporarily unavailable due to technical issues or issues beyond our control. The availability and functionality of the Website depends on various factors and elements, including software, hardware and communication networks that are partially provided by third parties. These factors may not be fault-free. PIF does not warrant or guarantee that the Website will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.

PIF may, but are not obligated to, offer technical support in connection with your use of the Website, in the format, frequency, scope and scheme that we, at our sole discretion, determine from time to time. You will have no plea, claim or demand against us or our staff in any matter related to our provision of technical support, or for the lack thereof.

Intellectual Property Rights

The Website, the names Pass it Forward, passitforward.com, the PIF logo and any other product and service names that we may present on the Website along with any property belonging to or associated with PIF, including any model and software, and all information and other content on the Website (including, but without limitation, text, graphics, videos, music, sound and links) is and remains at all times PIF's property or is used under license and is protected under international treaty provisions and world-wide copyright laws and you agree that you will not infringe any such rights in any way. Other trademarks, service marks or logos that appear on the Website, for example those of Beneficiaries, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use.

Without our prior written permission, you may not copy, modify, alter, reproduce, create derivative works from, publish, broadcast, distribute, sell, transfer or exploit any material on this Website or the underlying software code whether in whole or in part.

By accessing and using the Website’s particular services you are allowing PIF to use your logo and/or trademarks on the Platform as is or in black & white and/or grey mode. If you do not wish to be bound by this term, you should not continue to use or access the Website or its associated services.

Cancellation of a Campaign

PIF is entitled to cancel posts and Campaigns and to suspend or permanently deny your access to all or part of the Website and associated services in the event of serious breaches of the Terms.

Copyright

The Website and its content is owned and copyrighted by PIF since 2016. All rights reserved.

Any redistribution or reproduction of part or all of the content of the Website in any form is prohibited other than in the following manner:

  • you may print or download to a local hard disk extracts for your personal and non-commercial use only;
  • you may copy the content to individual third parties for their personal use, but only if you acknowledge the Website as the source of the material.

You may not, except with PIF's express written permission, distribute or commercially exploit the Content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

It is improper, and may be a violation of law, for you to post or download and distribute any material that you do not own or for which you do not have permission to use. Violation of someone's copyright, trademark, or other intellectual property rights may subject you to civil and/or criminal proceedings and penalties.

If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify PIF of your infringement claim by email to support@passitforward.

Limitation of liability

PIF does not and nothing in these Terms shall act to, exclude or limit PIF’s liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PIF, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PIF HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ACCESS TO, AND USE OF, THE WEBSITE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

PIF only provides the technical infrastructure for you to communicate. You are therefore personally responsible for obtaining all information required to make your decision regarding a contribution towards a specific Campaign and/or Beneficiaries listed on the Website.

Keeping the information on the Website accurate and up-to-date is one of our highest priorities. However, while we try to ensure that it is accurate, reliable, timely and complete, we do not accept liability for any inaccurate, unreliable, untimely or incomplete information contained therein, or for any reliance placed upon it by you.

PIF endeavours to provide the best service it can, but you understand and agree that THE WEBSITE AND MATERIALS THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OR CONDITION OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PIF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PIF does not represent or warrant that materials in this Website are accurate, complete, reliable, current, or error-free. In addition, PIF does not warrant, endorse, guarantee or assume responsibility for any third party content.

While we try to ensure that the Website is secure, we cannot guarantee the security of your personal information, nor that the Website (or any website to which you may be linked to) is free from viruses or similar matters that may damage your website, computer or systems. We accept no responsibility for any loss of data, or for any denial, restriction or interruption of access. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.

You agree to defend, indemnify, and hold PIF, its subsidiary companies and any of its or their officers, directors, employees and volunteers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Website and/or its associated services or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Without detracting from the above, PIF and its subsidiary companies and any of its or their respective officers, directors, employees or affiliates will not be liable for any malfunction, or inability to use your personal computer, or your mobile phone, or your hand-held or any hardware or software thereof, as a result of using, downloading or installing the Platform or any part thereof. PIF expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Website.

If found liable, PIF shall only be liable under these Terms for losses that are reasonably foreseeable and caused by PIF’s breach of these Terms or its negligence. PIF’s total liability to you arising under or in connection with these Terms, whether in contract, tort, breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of donations you have made using the Website in the preceding 12-month period, ending on the date the circumstances giving rise to PIF’s liability arose.

Any liability PIF may have to you shall not include losses relating to any business of yours or your own losses such as lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of opportunity or loss of computer equipment.

Termination

You may discontinue use of the Website by closing your account at any time. These Terms will continue to apply to past use by you.

PIF may terminate your Website activities and close your account effective immediately if you do not comply with any of the provisions of these Terms.

Governing law

You agree that regardless of your place of residence or where you access or use the Website from, these Terms and your use of the Website will be governed by and construed in accordance with the laws of England and are subject to the non-exclusive jurisdiction of the English courts.

Dispute resolution

The Platform provides a ‘Dispute Button’ and a ‘Report Button’, in order to facilitate a quick and efficient solution for disputes that may arise between users. The ‘Contact Us’ section provides the ability to contact PIF's team directly for any concern or other matters which users want to address directly with us.

PIF does not bear any responsibility to disputes between users and/or to the outcome of such disputes.

Third party rights

A person who is not a party to these Terms has no right to enforce any part of these Terms.

SPECIFIC TERMS OF SERVICE FOR THE UNITED STATES OF AMERICA

These additional terms apply and will prevail where you access the Website or associated services in the United States of America, or you are donating to a Campaign that benefits a US 501 (c)(3) tax-exempt charity.

Non solicitation

The listing of a Campaign on the Website does not constitute a solicitation of donations. PIF does not engage in any solicitation activities on behalf of, or endorse, any of the Campaigns listed on the Website and does not consult on the solicitation of contributions on behalf of any individual, entity or organisation.

Intellectual property complaints

PIF respects the intellectual property rights of others and requires those that visit the Website do the same. If you believe that your work has been used on the Platform in any manner that constitutes infringement, please notify us at support@passitforward.

These Terms and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by the laws of England and Wales without giving effect to its conflicts of laws provisions.

SPECIFIC TERMS OF SERVICE FOR AUSTRALIA

These additional terms apply and will prevail where you access the Website or associated services in Australia.

The Competition and Consumer Act 2010 (Cth) may confer rights, guarantees and remedies on you in relation to the provision by PIF of services on the Website which cannot be excluded, restricted or modified. In these circumstances PIF does not exclude, restrict or modify those rights.

To the fullest extent permitted by law, PIF’s liability for breach of any consumer guarantee, which cannot be excluded, is limited at the option of PIF to, in the case of services supplied or offered by PIF which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.

These Terms and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by the law of England and Wales without giving effect to its conflicts of laws provisions.

Last updated: 01 March 2018