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Terms of Use


PASS IT FORWARD’s Terms of Use

The internet platform passitforward.com (hereinafter: “the Platform” or “the Website”) is operated by PASS IT FORWARD LTD. (hereinafter: “PIF” or "Pass it Forward").

The payment procssesing is operated by PASS IT FORWARD CY with andress at Tassou Papadopoulou 6 , Flat 22 , Agios Dometios , 2373 , Nicosia , Cyprus (hereinafter:  "Pass it Forward CY").

These Terms of Use were last revised on Feb 1st , 2017.

Welcome to Pass It Forward's Platform intended to give and receive donations (in the form of funds, items, services etc.), in order to promote and create positive change across the world.

These terms of use (hereinafter: "Terms"), govern your use of the Website and its associated services. Please read these Terms carefully. By accessing and using the Website, you accept and agree to be bound by the Terms. In addition, when using the Website’s particular services, you shall be subject to any posted guidelines or rules applicable to such services.

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.

These Terms may be changed or modified by PIF at its sole discretion. These Terms may be updated from time to time. It remains your responsibility to access and check these Terms wherever you access the Website.

ANY PARTICIPATION AND/OR USE OF THE WEBSITE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS WEBSITE.

Disclaiming Accuracy of Information

1. The Website and its associated services allows you to support through funds, services, and or gifts-in-kind (hereinafter: "Giver" or "Givers") and/or to publish fundraising projects by charitable and/or Non-Government Organizations (NGO) organization’s (hereinafter: "Beneficiaries"), as listed on the Website.

2. Beneficiaries 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, Beneficiaries hereby declare that it is lawfully registered according to the local laws of the territory in which it operates and poses the appropriate lawful authorization, permit or license to receive donations. Givers should carefully read the description of the Beneficiaries in the Website and verify independently that they are genuine and suitable to receive donations. It is the Givers' sole responsibility to check that its donations are received by the Beneficiary it intended.

3. PIF shall not be responsible and/or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Website. PIF shall not be responsible or liable for any error or omissions in that information presented in the Website. You hereby agree that use of the Website is at your own risk. The platform (including all content thereon) is presented to you “as is.”

4. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (hereinafter: "Content") are the sole responsibility of the person and/or entity from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Platform. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that PIF is not in any way responsible for any such use by you.

5. You understand that Content provided by Givers and/or Beneficiaries available 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.

6. You agree to not use the Platform to:

  • 6.1 upload, post, transmit or otherwise make available 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;

  • 6.2 target or harm minors in any way;

  • 6.3 impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

  • 6.4 forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Platform;

  • 6.5 upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

  • 6.6 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;

  • 6.7 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;

7. 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.

Indemnification

8. Limitation of Liability. To the maximum extent permitted by applicable law, under no circumstances and under no legal theory (tort, agreement or otherwise) shall PIF or any of their respective officers, directors, employees or affiliates be liable for any direct, consequential, special, incidental or indirect damages of any kind arising out of the access to or use of the Platform (including all content thereon). You hereby agree to absolve PIF of all liability in connection with the access, downloading and usage of the Platform (including content thereon). You agree that the foregoing represents a fair allocation of risk hereunder.

9. You agree to defend, indemnify, and hold PIF, its 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, Applications, and/or 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.

10. Without detracting from the above, PIF or any of 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.

Your Account

11. In order to use the Platform, you must register for an account with PIF (hereinafter: “Account”) and provide certain personal information including choosing a password upon completing the Website registration process.

12. You represent and warrant that:

  • 12.1 all required registration information you submit is truthful and accurate; and

  • 12.2 you will maintain the accuracy of such information.

13. When logged in to your account, you will be able to check and edit your personal information, see your activity history and manage your subscriptions.

14. You should keep your registration details (including your password and log-in) secure and must not give them to any other person. You are responsible for all activity carried out using your registration details, whether or not you have allowed or facilitated it. If you discover or suspect that your registration details are known by a third party or are being used without authorization, you must update PIF immediately via the following e-mail address: support@passitforward.com.

15. 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.

16. You agree to immediately notify PIF of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. PIF cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

17. The Platform include a Corporate Grant Maker account feature (hereinafter: "CGM account") that enables large foundations to manage their smaller branches through the Platform. These Terms apply also as to the CGM account.

Privacy

18. In order to provide its services, PIF must collect certain data, such as your name, email address and location, type of internet browser or type of mobile device used, your operating system and location data and other aggregated data. Such data is collected through users’ input (i.e. during the registration process), through social networks (when users’ links PIF to an available social networks) and by the use of Session and Browser cookies.

19. By accepting these Terms, you acknowledge that PIF will store, maintain, and may use this data in order to deliver and improve its services and in order to comply with any legislation. PIF will not deny access to any data where requested by an authority that is empowered by law and which enjoys jurisdiction over the matter in question. By agreeing to these Terms you also give your consent to the way we may handle your personal information under PIF's Privacy Policy as published on the Website.

Age restriction

20. 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.

Donation and Giving Back Process

21. The term "Donation" for the purpose of these Terms is defined by PIF as "contributions made towards a need or a fundraising campaign". The term "Fundraising campaign" is defined by PIF as "a project and/or a cause and/or an undertaking and/or a campaign aiming to fulfill the mission of the Beneficiary". A request for donations can be in form of monetary donation or any other manner.

22. The Beneficiary will be required to post on the Website what they are willing to give back in exchange for the Donation it received from a Giver (hereinafter: "the Give Back"). The Give Back can be in any form of service, voluntary work, etc.

23. If there’s more than one beneficiary contending for the same posted donation, the Giver has a sole discretion to whom to grant his donation to.

Anonymous donations

24. The Giver/Donor may opt not to revel his account information if he prefers to give anonymous donation. In such a case the account information will be used only for authentication purposes during the payment process and will not be disclosed to the Beneficiary.

Payment and security

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

Disbursement

26. Beneficiaries whom are using the service declare and undertake upon themselves that the Donations, items or services received by them through the use of this Platform will be used only for activities described on the corresponding project or Fundraising Campaign page as published by them on the Website, in compliance with the Terms set out in this document and with any other applicable law. It is the users' responsibility to research and verify, at any time, the updated version of the Terms, and the laws and regulation that may apply in this matter.

Taxes

27. 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 Givers' and Beneficiaries' sole responsibility to verify Taxes issues that concern its activity through the Website and we strongly recommend that you consult your own adviser about any accounting, taxation or financial consequences that may affect you. It is the users' sole responsibility to assess, collect, report, or remit the correct tax to the proper tax authority. PIF is not obligated to, nor will it determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction through the Website. By using the Website you acknowledge that PIF may file certain reports with tax authorities regarding transactions that are being process by PIF and entities to which PIF provide card payment services. PIF reserves the right to report, at its sole discretion, relevant revenue or taxing authorities regarding payment card transactions processed by PIF on Giver’s behalf, to the extent it is required to do so by applicable law.

Fees and Payment

28. PIF will be charging not more than 4% from each successful donation received through the Platform for the Administration Fee. The Payment methods are detailed in the Website.

Refunds

29. You agree that all donations are final, and therefore not refundable. In the event of specific circumstances, PIF may at its sole discretion agree to issue a refund. In order to request your circumstance to be taken into account, please contact support@passitforward.com

Prohibited and Restricted Items

30. This section covers 3 main areas of Donations that are not to be dealt with through the Website and that are considered prohibited, restricted and potentially infringing items:

  • 30.1 Illegal items as defined in state regulations such as firearms, weapons, knives etc. are strictly prohibited items that are not allowed to be published and/or donated through the Website.

  • 30.2 Offensive material, which includes items that are racially or ethnically inappropriate or sexual in nature are strictly prohibited items that are not allowed to be published and/or donated through the Website.

  • 30.3 Artifacts, grave-related items, and Native arts and crafts are restricted items that can be donated only under certain conditions that you are required to meet as detailed on the Website.

  • 30.4 Items that violate intellectual property laws are not allowed to be published and/or donated via the Platform.

Food and healthcare items

31. PIF has no liability as to the donations related to food and/or healthcare items published through the Website. You should not rely on information given on the Website or its associated services to determine whether you are lawfully able to donate or receive food and/or healthcare items donations. It is Givers' and Beneficiaries' sole responsibility to verify export and/or import and/or shipment regulations of food and healthcare items. We strongly recommend that you consult your own advisor about these issues prior to your using of the Website or its associated services. Therefore, before listing food and/or healthcare items for donations, be sure to familiarize yourself with federal and country’s related laws and regulations.

32. Without derogating from the above provisions, food and healthcare items that are published and donated through the Website must also meet the following accumulative provisions:

  • 32.1 Have a clearly marked expiration or use by date;

  • 32.2 Be delivered to the buyer at least 60 days prior to its expiration date;

  • 32.3 Not be altered or changed in any way;

  • 32.4 Be stored safely and according to state regulations prior to its shipment to the Beneficiary.

33. Upon listing these types of items in the Website, you're certifying that you've met all required law, export, import, shipment and safety requirements and rules set by both Giver's and Beneficiaries' state laws and regulations in that respect.

34. Limitation of Liability - under no circumstances and under no legal theory (tort, agreement or otherwise) shall PIF or any of their respective officers, directors, employees or affiliates be liable for any direct, consequential, special, incidental or indirect damages of any kind arising out of using the Platform for Food and/or healthcare items donations. You hereby agree to absolve PIF of all liability in connection with using the Platform for Food and/or healthcare items donations.

Medical drugs, devices, and healthcare policy

35. PIF has no liability as to the donations related to medical drugs, devices and healthcare items published for donations through the Website. You should not rely on information given on the Website or its associated services to determine whether you are lawfully able to donate or receive medical drugs, devices and healthcare items donations. It is Givers' and Beneficiaries' sole responsibility to verify export and/or import and/or shipment regulations of medical drugs, devices and healthcare items. We strongly recommend that you consult your own advisor about these issues prior to your using of the Website or its associated services. Therefore, before listing medical drugs, devices and healthcare items for donations, be sure to familiarize yourself with federal and country’s related laws and regulations.

36. Upon listing these types of items in the Website, you're certifying that you've met all required law, export, import, shipment and safety requirements and rules set by both Giver's and Beneficiaries' state laws and regulations in that respect.

37. Limitation of Liability - under no circumstances and under no legal theory (tort, agreement or otherwise) shall PIF or any of their respective officers, directors, employees or affiliates be liable for any direct, consequential, special, incidental or indirect damages of any kind arising out of using the Platform for medical drugs, devices and healthcare items donations. You hereby agree to absolve PIF of all liability in connection with using the Platform for medical drugs, devices and healthcare items donations.

38. PIF does not allow to use its Website and Platform for donating and /or using it in any other manner for any donation of drugs or medications that require a prescription from a licensed practitioner (such as a doctor, dentist, optometrist, veterinarian etc.).

39. Most over-the-counter (OTC) items are allowed to be published for donation through the Website, as long as its listings don't mention or compare them to prescription drugs. Injectable substances are never allowed, even if they're available over the counter.

40. Some drugs that don't require a prescription are restricted in certain forms, or when they're not properly packaged, labeled, or described. PIF may, at its sole discretion, remove publication for donations of such items from the Website.

41. Make sure your listing of donations on the Website follows these guidelines. If it doesn't, it may be removed, and you may be subject to a range of other actions, including limitation of your privileges according to these Terms and suspension of your account.

Delivery of Items & other Transactions

42. Under no circumstances and under no legal theory (tort, contract or otherwise) shall PIF or its licensors or any of their respective officers, directors, employees or affiliates be liable for any direct, consequential, special, incidental or indirect damages of any kind arising out of the transactions made between the Giver and the Beneficiary. PIF expressly disclaims any responsibility or liability for any transactions made between Givers and Beneficiaries outside the Website which may include the following but not limited to: shipment of items, information exchange, money transactions, providing of invoices/receipts etc.

Access

43. PIF ensures that the Website operates correctly and runs smoothly. However, we don’t accept any responsibility or liability to you if this 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 are not 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.

44. 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.

Our Liability

45. IN NO EVENT SHALL WE 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 THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.

46. PIF only provides the technical infrastructure for Givers and Beneficiaries to communicate. Every GIVER is therefore personally responsible for obtaining all information required to make their decision regarding a contribution towards a specific fundraising goal and/or Beneficiaries listed on the Website.

47. 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.

48. The information displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, PIF hereby expressly exclude all conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity and all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website and for any other loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise.

49. 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.

Intellectual Property Rights

50. The Website and any property belonging to or associated with PIF, including any trade mark or trade name, logos, 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.

51. 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.

52. 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. PLEASE BE AWARE: violation of someone's copyright, trademark, or other intellectual property rights may subject you to civil and/or criminal proceedings and penalties.

53. Please note: By accessing and using the Website’s particular services you hereby allow 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 Project

54. PIF is entitled to cancel posts and projects 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 notice

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

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

56.1 you may print or download to a local hard disk extracts for your personal and non- commercial use only.

56.2 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.

57. 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.

Termination of Membership

58. You may terminate this Agreement by closing your account at any time. These Terms will continue to apply to past use by you.

59. 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

60. 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 the BVI (British Virgin Islands).

Disputes Resolution

61. 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 provide the ability to contact PIF's team directly for any concern or other matters which users want to address directly with us.

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

Agreement to Mediate and Arbitrate

63. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

64. Any and all disputes or claims that have arisen or may arise between you and PIF relating in any way to these Terms or to your use of PIF's Website, or to donations made through the Website shall be resolved exclusively through Mediation procedures and if not successful, Arbitration procedures, rather than in court, as described in the following sections.

65. Any and all disputes or claims that have arisen or may arise between you and PIF relating in any way to these Terms or to your use of PIF's Website, or to donations made through the Website shall be resolved exclusively through the LCIA international institutions for commercial dispute resolution (http://www.lcia.org/LCIA/introduction.aspx) under the LCIA Rules.

66. Any and all disputes or claims that have arisen or may arise between you and PIF relating in any way to these Terms or to your use of PIF's Website, or to donations made through the Website shall be resolved firstly through sending a Notice of Dispute (hereinafter: "the Notice of Dispute") from the party who intends to initiate a dispute. The Notice of Dispute should be sent to the following address: support@passitforward.com. PIF will send any Notice of Dispute to you to the address it has on the file associated with your PIF Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the claims and the relief sought.

67. If the parties are unable to resolve the claims described in the Notice of Dispute within 30 days after the Notice of Dispute is sent, you or PIF may initiate mediation procedures which aim at negotiating a settlement, conducted and concluded with the assistance of a neutral third-party. Such mediation will be conducted by LCIA international institutions for commercial dispute resolution under the LCIA Rules.

68. In case mediation proceedings have failed to conclude the dispute between you and PIF, binding Arbitration proceedings will be applied. Arbitration is more informal than a court procedure. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief that a court can award to an individual. The arbitration will also be conducted by LCIA international institutions for commercial dispute resolution under the LCIA Rules.

69. The number of arbitrators shall be one.

70. The seat, or legal place, of arbitration shall be determined according to LCIA rules.

71. The language to be used in the arbitral proceedings shall be English.

72. The governing law shall be the substantive law of the Philippines.

73. Documents relating to the arbitration must be sent to the opposing party via mail. You may send a copy to PIF at the following address: support@passitforward.com. In the event PIF initiates an arbitration against you, it will send a copy of the relevant documents to the physical address it has on file associated with your PIF account.

 




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