Terms and Conditions
1. ACCEPTANCE OF TERMS
The mobile app Giving Hero and all the services it provides (collectively referred to as the “Platform”) is owned by Hero Innovations Corp. (referred to as “Hero” or the “Company”).
In addition, when using the Platform, you shall be subject to any guidelines or rules provided at any time by the Company. All such guidelines or rules are hereby incorporated by reference into the Terms.
Hero reserves the right to modify these Terms without notice to you, and it is the responsibility of the User to check the Terms periodically for any modifications.
Furthermore, unless explicitly stated otherwise, any new features that augment or enhance the Platform, shall be subject to the Terms. You understand and agree that the Platform is provided AS-IS and that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications or personalization settings.
Continued use of the Platform subsequent to the changes mentioned means that you accept the changes made.
2. DEFINITIONS AND DESCRIPTION OF THE PLATFORM
2.1 The following words and labels have been defined for easier understanding of the Terms:
“Crowdfunding” is the process of raising funds via small donations given by others.
“Campaign” is a crowdfunding project created using our Platform, this is to collect money on behalf of an organization.
“NGO” same as “the organization’ can refer to the individual that created the Campaign, and to other Users that share ownership to the Campaign. L
“Giver” is any individual or organization that contributes money to a Campaign.
“Contribution” is any financial transaction that benefits the Campaign.
“Payment Provider” is a company that processes Contributions to Campaigns.
2.2 The Platform offers an easy-to-use crowdfunding service where organizations can either create Campaigns that can be promoted to social media (e.g. facebook, twitter), websites, and email, or give Contributions to fund a certain Campaign.
2.3 The Platform offers the following service:
“Campaign” is a crowdfunding project created using our Platform, this is to collect money on behalf of an organization.
3.1 You are not eligible to use the Platform without consent if you are under 18 years of age. If you are between the ages of 13 and 17, you can use the Platform with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by these Terms and agrees to be responsible for your use of the Platform.
3.2 You are not eligible to use the Platform if you have previously been suspended from using the Platform for any reason and we have not explicitly authorized you to resume using the Platform.
3.3 A representative of an organization is not eligible to use the Platform unless they have proper authorization and is capable of binding the organization to the Terms.
4. PLATFORM ACCESS
4.1 If the User is eligible (see Sec. 3, of the Terms), the Platform is free to use, however starting a Campaign and getting access to features is limited to registered organizations only. You can register by signing up at Giving Hero mobile app using your email or sign up via facebook. By signing up as a registered individual or organization, you agree to:
provide true, accurate, current and complete information about yourself, and your organization if applicable, as prompted during the signup process, starting a Campaign process and any later administration processes (collectively, User Data). Maintain and promptly update the User Data to keep it true, accurate, current and complete.
4.3 Any problems regarding a User’s account, or suspicions of inauthenticity can be reported to Hero. We will not be held accountable for any consequences brought about by an account’s misuse.
4.4 The Company may request for legal documents and government approved identification from the individuals or organizations to ensure authenticity, and security for those using the Platform.
4.5 Hero reserves the right to refuse and terminate use of the Platform to any User for any reason, such as if the account has activities or information that have caused harm to others, have provided reasonable grounds for it to be suspected as inauthentic or incomplete, or have violated any of the Terms.
5.1 The organization must abide by these rules when creating a Campaign:
Campaigns should include authentic and accurate information that does not mislead or manipulate Users in any way.
Campaigns should have a reasonable goal amount based on the Campaign’s objectives, and based on the User’s capacity to market their Campaign within the Campaign’s duration.
Campaigns should not have an aim that would harm others.
Campaigns should not have information that infringe upon the intellectual property, trade secret or other proprietary rights, or privacy rights of third parties.
5.2 It is the obligation of the organization to commit to their Campaign/s, provide updates regarding the status or progress of their Campaign/s, and to fulfill promises made in their Campaigns such as the delivering of impact.
5.3 The organization should not use the Contributions given for any other purpose other than what is stated in their Campaign; will not exploit the Givers’ Contributions.
5.4 The organization is specifically prohibited from activities that violate the Payment Provider’s Acceptable Use Policies. In sharing content and in promoting Campaigns, the organization should comply with the terms and policies where the information is being shared.
5.5 The organization are not allowed to act in any way that violates national, regional and local laws related to online commerce. In particular, by example and not limiting the definition in any way, Launchers cannot run online contests, lotteries, raffles, pyramid schemes, gambling activities or any other form of prohibited financial activity using the Platform.
5.6 Regarding Taxes, the organization is responsible for:
understanding that taxing authorities may classify funds raised through the Platform as taxable income to the organization and any beneficiary who will receive funds directly from the Campaign.
determining how to treat and collect and remit any taxes on Contributions in connection with your campaign
paying all fees and taxes associated with the use of the Platform.
5.7 The company reserves the right to reject, cancel, interrupt, remove or suspend a Campaign at any time for any reason without liability.
As a Giver, you are solely responsible for asking questions and investigating Campaigns to the extent you feel is necessary before you make a Contribution. All Contributions are made voluntarily and at your sole discretion and risk. Givers are solely responsible for determining how to treat your Contribution for tax purposes.
7. SETTLEMENT AND PAYMENT PROCESS
7.1 Current Payment Providers include:
Credit Card payments
(Local Customers - Philippines)
Internet Banking/over-the-counter transactions through DragonPay
Mobile payment transfers through Globe
Payment Deposit via Banks
7.2 All Contributions to Campaigns are processed through the Payment Provider(s) chosen by the organization. Users of the Platform are subject to and must adhere to the terms of the applicable Payment Providers’ Terms of service and other agreements relating to their service transactions. The Company is not affiliated with any Payment Provider, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other.
7.3 The same is true with respect to the Company on the one hand and Users on the other hand. To the extent that the Platform is rendered in conjunction with any other provider of services, the same shall also be true, namely that to the extent that a User of the Platform hereunder does so in conjunction with the Platforms of another service provider, such User will be subject to the other service provider’s terms of service, and neither the Company or the other service provider will be considered the agent or employee of the other, and neither will be responsible in any way for the actions or performance (or lack thereof) of the other.
7.3 These Terms shall not in any way supersede the terms of any other service provider for using their service, and vice versa.
7.4 By using the Platform, all Users agree to the Payment Provider withholding a service fee and making these fees available to the Company. For information on the Platform fees, see our pricing document.
7.5 Hero is not responsible for any problems regarding the transaction between the organization and the Giver. If a problem arises that refunds are due, the organization have the responsibility to provide refunds to Givers at their own discretion. The Company will NOT be held liable for refunds or lack thereof.
7.6 All information, physical and/or electronic documents collected by the merchant/sub-merchant may be shared to Paynamics and its affiliates/subsidiaries, service providers, including payment card issuers, MasterCard, Visa , JCB and relevant law enforcement agencies for the purposes of retrieval requests, and/or for dispute/fraud/chargeback.
8. FEE SCHEDULE
Users aren’t charged any fee for browsing and signing up on the Platform. Campaigns are free to create, however the organization are charged a Platform fee from their Contributions. Hero’s other charges are limited to the service fee charged to subscribed partner foundations per Campaign, and the Payment Provider fee or any additional bank fees the Payment Provider may impose charged to Givers. More information can be viewed using our pricing document. The Company reserves the right to make changes regarding fee charges - such as introduce new fees for existing services, and introduce new services requiring fees.
9. CONDUCT AND GENERAL RULES IN USING THE PLATFORM
9.1 In using the Platform, you understand that you are liable for all information, products or services, in whatever form, that you make available to other Users. You agree not to use the Platform to:
upload, post, email, transmit or otherwise make available any information, products or services, that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Company representative, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Platform;
upload, post, email, transmit or otherwise make available any information, products or services, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any information, products or services, that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;
upload, post, email, 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, except in those areas that are designated for such purpose and within the scope of such designation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
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, provincial, state, national or international law;
stalk or otherwise harass another.
9.2 The Company does not pre-screen any content working in coordination with the Platform, but that the Company and its designees shall have the right (but not the obligation) in their sole discretion to rescind use of the Platform.
9.3 The Company may preserve information and may also disclose information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, its Users and/or the public.
9.4 The technical processing and transmission of the Platform, including your information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, User’s must comply with all local rules regarding online conduct and acceptable information. Specifically, User’s must comply with all applicable laws regarding electronic commerce and charitable funding.
Users should indemnify and hold the Company, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of information you submit, post, transmit or make available through the Platform, use of the Platform, connection to the Platform, violation of the Terms, or violation of any rights of another.
12. NO RESALE OF SERVICE
Users should not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Platform, use of the Platform, or access to the Platform, other than as provided within the scope of the Platform or if agreed to by written consent from the Company.
13. MODIFICATIONS TO SERVICE
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. The Company will not be responsible to Users for refund, in whole or part, of the Platform fees for any reason. The Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform.
The Company, in its sole discretion, may terminate your use of the Platform, and remove and discard any information within the Platform, for any reason, including, without limitation, for lack of use, failure to timely pay any service fees or other moneys due the Company, or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms. The Company may also in its sole discretion and at any time discontinue providing the Platform, or any part thereof, with or without notice. Any termination of your access to the Platform under any provision of this Terms may be effected without prior notice, and that the Company may immediately deactivate or delete your information and/or bar any further access to such files in the Platform. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to service.
The Company may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
16. PUBLISHING AND COMMUNICATIONS
By creating their Campaign or publishing content, the Organization and Givers agree to their Campaign images, videos, text or excerpts being made available for discovery in our service find pages and search engine results, as well as their appearance in service-related communications or promotions or in news articles or reports on published on news media websites or print publications. Campaigns may be used as part of advertising Campaigns to promote either the Campaign or the Platform in print, online or mobile.
17. THE COMPANY’S PROPRIETARY RIGHTS
The Platform and any necessary software (Software) used in connection with the Platform contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Information presented to you through the Platform is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company, Users must not modify, rent, lease, loan, sell, distribute or create derivative works based on the Platform or the Software, in whole or in part.
The Company grants you a limited, revocable, non-transferable and non-exclusive right and license to use the Platform subject to your eligibility and continued compliance with these Terms; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Platform. Users must not modify the Platform in any manner or form, or to use modified versions of the Platform, including (without limitation) for the purpose of obtaining unauthorized access to the Platform. Users agree not to access the Platform by any means other than through the interfaces or APIs that are provided by the Company for use in accessing service.
19. DISCLAIMER OF WARRANTIES
19.1 Your use of the Platform is at your sole risk. The Platform is provided on an AS-IS and as available basis. The company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
19.2 The company makes no warranty that (i) the Platform will meet your requirements, (ii) the Platform will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Platform will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Platform will meet your expectations, and (v) any errors in the software will be corrected.
19.3 The Company will not be held responsible for others’ content, actions or inactions. The User must acknowledge that we have no control over and do not guarantee the quality, safety or legality of organizations promoted, the truth or accuracy of content, listings, or ability to perform the stated objective.
19.4 The Company doesn’t guarantee that Contributions will be used as promised, that the organization will deliver, or that the Campaign will achieve its goals. The Company does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk or Contribution, or the truth or accuracy of content posted on the Platform.
19.5 Any material downloaded or otherwise obtained through the use of the Platform is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
19.6 No advice or information, whether oral or written, obtained by you from the company or through or from the Platform shall create any warranty not expressly stated in the terms.
20. LIMITATION OF LIABILITY
Users must understand and agree that the company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Platform; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Platform; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Platform; or (v) any other matter relating to the Platform.
21. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of the terms sections may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total service fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Notices to you may be made via either email or regular mail. The Company may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Platform.
24. TRADEMARK INFORMATION
Hero Innovations Corp., trademarks and service marks, and other Company logos and product and service names are owned by and / or trademarks of Hero. Without the Company’s prior permission, you agree not to display or use in any manner, the Hero brand and third party trademarks are the property of their respective owners.
Please report any violations of the Terms of service to firstname.lastname@example.org.