CAUSES TERMS OF SERVICES
Service provided by the HELP FREELY FOUNDATION, F.C., hereinafter ("H.F.F."), domiciled in Calle Eduardo Benot, Number 1, 6th Floor, Las Palmas de Gran Canaria, 35007, Spain. H.F.F. is a nonprofit corporation organized and existing under the laws of SPAIN and duly registered at the Spanish "Registro Autonómico de Fundaciones" with the Charity Number: ES G-76201334.
Helpfreely.org faciliates fundraising that benefits nonprofits, associations, and any other eligible organizations (“Cause”), made possible by the online purchases of products or services that supporters of these Causes complete while shopping at participating merchant partners (“Partner”). Helpfreely.org is fully owned by the H.F.F., and references made to “we” or “our” or “us” in these Terms of Services (“TOS”), or mentions of Helpfreely.org, refer to both Helpfreely.org and the H.F.F.
Helpfreely.org maintains the right to periodically update and/or make changes to these TOS and will make this new version available on the Site. Should you, upon release of these changes, continue to access the Site and/or make use of the Services, your acceptance of these new TOS is implicit. We suggest that you check our Site frequently for updates.
Registration is required to be eligible to receive any funds raised for your Cause through Users’ online purchases at our Partners’ sites. Non-Registered Causes may access the Site without prior registration, but Helpfreely.org will not be able to provide these Non-Registered Causes with donation payment and support regarding funds raised, as these services are exclusively offered to Registered Causes. We strongly encourage you to complete the registration process so you can be eligible for payment and take advantage of our support features. By registering, Causes will gain access to certain exclusive features, including:
Cause Registration Process
Causes must submit a completed registration form, and indicate agreement to these TOS by checking the box on the registration page. Registration implies that a Cause understands and agrees to the following:
Helpfreely.org collaborates with many different Causes, including charities, faith-based organizations, federations, houses of worship, educational institutions, associations, humanitarian groups, health organizations, and others. We are proud to provide these Causes with Services that contribute to raising money to support their projects as well as to strengthening relationships with supporters.
As a non-partisan nonprofit corporation, Helpfreely.org maintains a neutral position regarding the missions, beliefs, or objectives of its clients.
Helpfreely.org strives to collaborate with organizations that share our commitment to a world of equal opportunities that is free of discrimination. We will not work with any groups that promote violence, hatred, discrimination, intolerance, or any ideas that go against our vision and we reserve the right to use our own judgment in determining whether or not an organization coincides with these principles.
We require that a Cause be well incorporated in its country and eligible to receive donations under that location’s applicable nonprofit law. Helpfreely.org is not able to work with Political action committees (PACs), political campaigns, or any other organization that we deem not legally eligible to receive donations through our Services
Though Helpfreely.org works with a wide variety of Causes, we have the right to use our sole judgment in deciding whether or not to work with a Cause or prohibit the use of our Services by any Cause for any reason.
In addition, Helpfreely.org has the right to stop collaborating with a Cause at any time and for any reason, which may include but is not limited to the use of the Services for illegal purposes or in connection with activities that we deem inappropriate as they may cause liability problems for us or negatively affect our reputation.
Causes may collaborate with Helpfreely.org through Registered or Non-Registered relationships.
“Registered Causes” are those Causes that have formally requested and been approved for a co-branded Service and indicate their agreement to these TOS. If you are reviewing these TOS on behalf of your organization with the intent of becoming a Registered Cause, you should keep in mind the following:
Termination of Registered Cause Relationship
Upon providing 15 (fifteen) days advance notice, a Cause has the right to cease their relationship with Helpfreely.org. The Cause is obligated to notify Helpfreely.org upon termination regarding its desire to either simply renounce its “Registered” status or to be completely excluded from the Helpfreely.org Site, thus relinquishing its ability to receive donations from Users.
If a User’s chosen Cause has terminated or modified its relationship with Helpfreely.org, we maintain the right to automatically substitute another Cause from our system as we see fit until such time as User chooses a new Cause from our system.
A Cause may use the referral links that we have provided in order to raise extra funds but must remove a referral link from its site within two business days upon request by Helpfreely.org. You will not hold Helpfreely.org liable with regard to the use or proper functioning of any referral links.
The materials we provide for Causes may not be used for any inappropriate conduct that may result in the violation of these TOS or any applicable laws. Inappropriate conduct may include, but is not limited to, the following:
ONLINE SHOPPING PROGRAM
Qualifying Purchases of Goods or Services
It is necessary for a User to begin each shopping session at our Site by clicking on a “Shop & Help®” link or by using the HelpfreelyApp™ in order to complete a qualifying purchase of goods or services, which will be eligible for raising funds for a chosen Cause. Upon accessing a Partner’s site through one of the aforementioned methods, the User must complete a Qualifying Purchase in order to raise funds for his or her selected Cause. A “Qualifying Purchase” is a purchase of goods or services or other activity that the Partner deems eligible for raising funds for a Cause.
Helpfreely.org makes the effort to represent in your Admin the purchases from a Partner that qualify, as well as the sum of the resulting raised funds for the Cause; however, the final decision regarding eligibility remains with the applicable Partner.
In the event of a purchase started by a User in one browsing session and completed in another, in which promotional offers were accessed or coupon codes used from a source outside Helpfreely.org before or after arriving at the Partner’s site, the Partner may not consider the purchase as qualifying for raising funds. In addition, any item returned or early services canceled after purchase will automatically disqualify all or part of the original Qualifying Purchase.
DONATION PAYMENTS TO CAUSES
Raised Funds and Donations to Causes
Helpfreely.org receives marketing funds from Users Qualifying Purchases made using one of our Services, and these funds come from the Partners, agents, or third parties. Donation percentages as listed on the Helpfreely.org Site are calculated on the net purchase price (no funds will be received in relation to taxes or shipping and handling costs) and reflect the amount of funds Users can raise for their chosen Causes. Up to ninety-five percent (95%) of all raised for the Causes, as indicated on the Site, will be redistributed by the H.F.F. as a donation to the respective Causes. The H.F.F. will use remaining funds to cover administrative, promotional, and other expenses, thus facilitating the future operation of Services and our Mission.
Helpfreely.org makes all commercially reasonable attempts at accuracy when providing these numbers, but actual marketing funds and the respective donations will always depend on the activities of Partners, agents, or third parties, as their commissions tend to change frequently and may vary according to the specific product or service.Helpfreely.org does not exercise any control over the policies of its Partners, agents, or third parties, nor is Helpfreely.org responsible for deviations in marketing funds.
Timing of Donation Payments
Helpfreely.org issues payment to Causes on a monthly basis and by means of wire transfer once a period of about 120 days has passed after a Qualifying Purchase is made. Within this period, Partners have sufficient time to credit returns on purchases and send funds to Helpfreely.org.
However in some cases this period could be longer as certain types of goods or services may have longer cancellation periods. Certain holiday products or services, for example, may allow cancellation until the time of actual consumption or use of the goods or services. In these particular cases Helpfreely.org will await the time of actual consumption or use of the goods or services before being able to make the resulting donation.
Payment of donations requires a minimum balance in raised funds per currency as detailed in the following table. Once the minimum balance threshold is met, a Cause may request payment provided they have given us the necessary Tax ID and bank information (including a digital copy of their official bank details, such as a RIB, IBAN, BIC, SWIFT, etc), all of which must be approved by our accounting team prior to payment. Please note that payments made in EUR to bank accounts located in European countries will be made through the SEPA system. In order to carry out payment, the bank account must be active and valid in the same country in which the Cause is legally registered. Payments in EUR to bank accounts located in countries outside of the Euro zone, as well as all payments in any currency other than EUR, will be made using Paypal. Any additional payment requests must also meet the aforementioned requirements, including the minimum balance. We ask that each Cause maintain accurate and up-to-date information at all times to facilitate payment. You accept that the H.F.F. retains a Fee of all funds to be paid to each Cause in order to cover administrative and running costs for the Foundation. Said Fee is calculated based on the Cause's HelpRank at the time of the payment requests, resulting in a Fee of 5% for a HelpRank greater than or equal to 6 points, a Fee of 8% for a HelpRank between 4 and 5.99 points, a Fee of 15% for a HelpRank between 2 and 3.99 points, and a Fee of 25% for a HelpRank of less than 2 points. Each actual donations payment will reflect the remaining funds raised for a Cause by our Users after the H.F.F.’s Fees have been subtracted. Note that H.F.F. will always transfer the net amount due to any Cause; however, it will not be held responsible for any surcharges made by your bank for receiving payments, currency changes, or other such costs.
Donation Payment Exceptions
In the event of specific limited circumstances that remain beyond our control, Helpfreely.org may be not able to complete donation payments to Causes. These circumstances include, but are not limited to, the following:
You understand that Helpfreely.org has the right to use any funds raised for or owed to a Cause in order to cover any charges owed to Helpfreely.org by that Cause. After a period of 12 months of inactivity, we may cancel the accumulated balance generated by a Cause, as we deem fit. It is the sole responsibility of a Cause to pay any and all taxes, fees, and/or social security related to the payment of donations as made by Helpfreely.org.
You understand that neither this agreement nor any of its parts should be construed as establishing an employer-employee relationship or partnership between Helpfreely.org and your Cause.
You understand that the information, data, software, graphics, videos, text, images, photos, logos, typefaces, sounds, and other material included in the Services are under the lawful protection of copyrights, trademarks, and other intellectual property or proprietary rights. You also understand that, unless otherwise allowed as stated in these TOS, you are prohibited from changing, deleting, or otherwise removing, publishing, transmitting, participating in the sale or transfer of, or producing any derivative works from any of the Services. You agree and accept that full ownership rights regarding the Services, which are not limited to but may include, the Site (excluding any Cause Created Content you provide), and the HelpfreelyApp™ shall remain at all times in the hands of Helpfreely.org and its licensors.
Excluding all trademarks, tradenames, and/or service marks of Helpfreely.org, such as Helpfreely.org, “Help Freely®”, "Helpfreely®", “HelpfreelyApp™” and “Shop & Help®”, all other tradenames, service marks, brand features, logos, and product and service names that you may encounter on any of the Services (“Marks”) are and shall remain the property of their respective owners. You understand that, unless granted proper consent from the applicable Mark owner, you are prohibited from displaying or using in any way any Helpfreely.org Mark or third party Mark that is present on any of the Services.
SEM (Paid Search Placement) and Social Ads
Regarding to promote Helpfreely.org, the Cause is NOT ALLOWED to purchase publication(s) or to bid for keywords and search terms that use Partner's trademarks (including Helpfreely® trademarks) in search engines or social networks (e.g.: Google Adwords, Yahoo! Bing Network, Facebook for Business, Twitter Ads, etc..)
You are prohibited from copying, changing, reproducing, reverse engineering, reverse compiling, or making any attempt to gain access to the source code or algorithms used in any features or functionalities of any of the Services. You will not make any promises and/or undertake obligations for or on behalf of the Partners or the Users. You may not in any manner, contribute to creating artificial traffic to the referral links. You are also prohibited from employing any software, device, routine, or other method that could interfere with the correct operation of the Services, as well as using any automated means, which include but are not limited to, robots, agents, scripts, apps, trojans or spiders that aim to alter, modify, monitor, access, or copy the Services. You also agree not to copy, alter, modify, reverse engineer, grant a security interest, rent, loan, lease, sell, sublicense, distribute, assign in, or otherwise transfer any right to the Services or any technology underlying the Services. Any rights not expressly granted here within are maintained solely by Helpfreely.org.
Use of Helpfreely.org for personal gain
Helpfreely.org is designed to benefit Registered Causes through the generation of marketing funds that we convert into micro-donations. We do not consent to the use of our Site or Services for the personal gain of any User, Legend, Causes, or other individuals or parties, and all funds generated by our Users will only go towards supporting their chosen Causes or, in the case that a Cause may be found ineligible to receive a donations payment, another Cause that we select at our discretion. Any User, Legend, Cause, or other individual or party that we find has abused the charitable nature of Helpfreely.org may have their account suspended or terminated, as we see fit, and you accept that we will not be held liable to you or any third party for suspending or terminating your access to the Services.
Cause Created Content.
Causes may be able to post information and other material, such as reviews, comments, or videos ("Cause Created Content"), that will be visible to Users through Helpfreely.org. You are prohibited from submitting or uploading any information to Helpfreely.org for distribution on the Services that is not your own and to which you do not have full Internet distribution rights. Any Cause Created Content that you may provide us shall hold no confidentiality rights, and you agree to assume sole responsibility for such Content, as well as any consequences related to its posting or publishing online. When a Cause provides Helpfreely.org with Cause Created Content to be included in the Services, that Cause agrees to give us the perpetual, worldwide, royalty-free, non-exclusive, and irrevocable right and license, including comprehensive rights to use, distribute, reproduce, modify, edit, publicly perform, and/or display, sublicense to, and otherwise transmit the provided Cause Created Content on the Services, as well as any co-branded or syndicated versions of any Services and in marketing and other materials relevant to Helpfreely.org’s business by means of any media format or channel. You also affirm that you possess and grant us all obligatory rights, consents, licenses, and permissions as detailed above and agree to make sure that your Cause Created Content is in accordance with the rules outlined below in “Cause Created Content Conditions”. Should any Cause Created Content violate these TOS, Helpfreely.org reserves the right (without the obligation) to use its discretion, without limit, in the pre-screening, refusal, or removal at any time and for any reason, with or without advance notice, of any Cause Created Content made available through the Services. Helpfreely.org does not accept any responsibility with regard to the continual monitoring or editing of any Cause Created Content.
Cause Created Content Conditions
When you make any Cause Created Content available to Helpfreely.org for use in its Services, you affirm that your Content:
Helpfreely.org cares about keeping you safe while using our Service, but we acknowledge that it is beyond our ability to guarantee your complete online safety. Your help is crucial to keeping Helpfreely.org safe, and we ask that you agree to the following:
Mobile and Other Devices
Helpfreely.org Services are currently offered for Causes at no direct charge, but you will still be subject to your mobile service carrier’s normal rates and fees, which may include charges for such services as text messaging, data transfer, or internet access.
You understand that the H.F.F. includes in its database any confidential or personal data provided, as well as any received throughout the relationship, whether your data or that of a third party that has given express consent. This database helps us correctly manage the Services, such as payment to your Cause and updates regarding the Foundation’s campaigns.
Helpfreely.org is happy to receive any feedback that you wish to offer, but you understand that when you share with us any ideas, suggestions, and feedback regarding the Services, which include but are not limited to the features, content, functionality, Users, Causes, or Partners that are present on the Site or that you would like to see incorporated into the Services (“Feedback”), you give us the irrevocable right to incorporate, exploit, and otherwise make use of your Feedback in the manner that we consider appropriate, without obligation of compensating or crediting you for this use.
You acknowledge and agree that by checking the "I ACCEPT" box or such similar box, form, or link as may be designated to download and/or install the HelpfreelyApp™ , you are submitting a legally binding electronic signature and are entering into a legally binding contract. You also understand that, with your electronic submissions, you authorize and accept that you are legally bound by these TOS. In compliance with any relevant regulations, rules, statutes, ordinances, or other laws, which may include, without limitation, the Spanish laws on Electronic Signatures and Information Society Services and Electronic Commerce (Ley Española 59/2003, de 19 de diciembre 2003, de firma electrónica, Ley Española 34/2002, of July 11, de servicios de la sociedad de la información y de comercio electrónico), YOU UNDERSTAND AND HEREBY ACCEPT THE USE OF ELECTRONIC CONTRACTS, SIGNATURES, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTIFICATIONS, POLICIES, AND RECORDS OF TRANSACTIONS STARTED OR CARRIED OUT USING THE HELPFREELYAPP™. Additionally, you agree to waive any obligations or rights as may be outlined in any regulations, rules, ordinances, statutes, or other laws in any jurisdiction that may require an original signature or the delivery or collection of non-electronic records, by any non-electronic means.
Causes are fully responsible and liable for the development, maintenance, functionality, and content of their own website and/or any social media accounts it has.
Should we require, you agree to compensate, defend, and hold Helpfreely.org free of responsibility, as well as its licensors, Registered Causes, and their respective managers, workers, officers, agents, and representatives free of responsibility for and from any claims, losses, liabilities, penalties, charges, and costs (including reasonable fees and costs from attorney and expert services, as well as any other reasonable litigation costs) that may result from:
Duration of Services
Our Services and the content of the Site will be made available for an indefinite period of time, except in the case of exceptional circumstances that make this impossible due to force majeure or technological errors. However, Helpfreely.org, at its sole discretion, reserves the right to terminate or suspend use of and/access to the Services and free content provided on the Site, which will not prevent us, whenever possible, from giving advance notice to any registered Causes that may be affected by the change.
Termination of Services
Helpfreely.org maintains the right to periodically and at any time make changes to or suspend the Services (or any of its parts), either temporarily or permanently, providing prior notice or not. You indicate your consent and understanding that Helpfreely.org will NOT be held liable to you or any third party for altering, discontinuing, or suspending the Service (or any of its parts). You also understand that we may choose, with or without prior notice, to halt or eliminate your right, or that of any User or Cause, to access or use the Services, as a whole or any of its parts in particular, should we determine, in our sole discretion, that you have breached these TOS or that your continued access or use might break any applicable law or cause harm to any other User, Cause or to us. If you are a Registered Cause, you accept that any such elimination or halt would also result in the termination of your account and that we will not be held liable to you or any third party for suspending or terminating your access to the Services.
A registered Cause may request that his or her registered Helpfreely.org account be closed at any time by contacting us at the following address: email@example.com.
DISCLAIMER OF WARRANTY
Helpfreely.org offers its Services “as available” and “as is”, excluding any kind (explicit, implied, authorized, legal, or similar) of warranty, representation, or guarantee, including without limitation any implicit warranties regarding title, no infringement, commercial appropriateness for a specific objective, or resulting from a course of dealing our usage. Helpfreely.org, in keeping with the general nature of the previous statement, cannot guarantee that the services will be adequate for your needs, nor can we guarantee that you will always receive completely accurate information while using the services or that, by accessing, using, or operating the Services in their entirety, or any of their parts, will be free of errors, viruses, and/or interruptions, or otherwise secure. Your use of the Services constitutes your acceptance and understanding of the possible risks that may arise, which may include, but are not limited to, data loss or damages of any kind to your computer system that may result from downloading, installing, or running the HelpfreelyApp™ or other Helpfreely.org-related applications or code. In keeping in line with the aforementioned disclaimer, you understand and recognize that Helpfreely.org gives no official endorsement, nor claims any responsibility or liability with regard to any links, content, or services provided by third parties. You also agree that Helpfreely.org shall not be held responsible or liable, whether directly or indirectly, for any damage or loss caused or alleged that may be caused by or connected with your use of or reliance on any of the above or any other services, content, practices, products, marketing publications, or other materials available on or offered by any third party sites or services that may be accessed via any of our Services, which include but are not limited to those of Causes or Partners. Should you choose to interact with such third party services or sites, you affirm that these interactions remain solely between you and that third party and that Helpfreely.org will not recognize any responsiblilty or liability should you decide to join or participate in any Partner or third party services available via our services, such as Facebook, Twitter, Google+, and Instagram, etc. You also agree that Helpfreely.org will not be held responsible or liable with regard to your compliance, or failure to comply, with any terms and conditions that may be applied to you by such third party, should you choose to join, use, or participate in that service.
LIMITATION OF LIABILITY
You understand that neither you nor any third party may hold Helpfreely.org, its Users, Registered Causes, Legends, and licensors, including any of their respective managers, workers, officers, agents, representatives, and delegates, liable or responsible for any exemplary, direct, indirect, accidental, particular, consequential, or punitory damages, which may include but are not limited to profits or revenue that is lost, as well as any other damages of any kind, resulting in any way from or linked with your access to and/or use of any Helpfreely.org Services, with no regard to how they were caused or whether under contract, strict liability, breach or infraction, or any other assumption of liability, and regardless of whether or not Helpfreely.org has received prior notice of any possible damages. The aforementioned restrictions shall remain applicable notwithstanding the failure of the essential purpose of any limited remedy.
Should your use of the site, the HelpfreelyApp™, these TOS, or other written policies of any kind available on the Helpfreely.org Site result in a claim or cause of action of any kind, the claim or cause of action must be filed within a period of thirty (30) days after the aforementioned was brought to light or it will remain prohibited.