These Terms and Conditions (hereinafter, referred to as “the Terms”) for the website http://www.wehug.org/ (hereinafter, referred to as the “Website”) constitute a legal agreement between the user (“you” or “your”) of the Website and W.H.A.C We Hug A Cause having a principal place of business at Nicosia, Cyprus (hereinafter, referred to as “WEHUG”, “we”, “us”, “our”). By using the Website, you acknowledge that you have read the Terms and agree to be bound by them. If you do not agree to the Terms, please do not use the Website. WEHUG grants you the right to use the Website only in case that you agree to the Terms.
1. The Website
1.1 The Website is a Crowdfunding website allowing the users of the Website to generate money in order to support a cause. Crowdfunding can be defined as collecting of funds with the aim to support a specific project by collecting relatively small financial contributions from a large number of natural or legal persons.
2. The users of the Website
2.1 The users of the Website can be natural persons or legal entities who want to fund their causes. The users may include, but are not limited to, (1) users with innovative ideas, (2) entrepreneurs who want to create an innovative start up, (3) people who have a cause in life to help others or (4) charities and NGO’s who want to fund their cause.
2.2 The users of the Website residing in Singapore, Malaysia, Taiwan, India are not allowed to participate in the activities of the Website. This is because Crowdfunding is illegal in these countries.
3. The operation of the Website
3.1 The users of the Website can create an account on the Website and post a Crowdfunding campaign on the Website (hereinafter, a Crowdfunding campaign posted on the Website is referred to as “Crowdfunding Campaign”; hereinafter, a user posting a Crowdfunding Campaign on the Website is referred to as “Campaign Owner”). In order to post a Crowdfunding Campaign, the Campaign Owners need to: (1) post a video, text or pictures; (2) set a goal and duration of the Crowdfunding Campaign.
3.2 After a Crowdfunding Campaign is submitted by a Campaign Owner, WEHUG will check if the Crowdfunding Campaign meets our project guidelines and these Terms.
3.3 When a Crowdfunding Campaign is published, the users of the Website will be able to send donations/contributions in order to support the cause of the Crowdfunding Campaign (hereinafter, the users of the Website sending donations/contributions to a Crowdfunding Campaign are referred to as “Donors”, “Funders” and “Huggers”). The donations/contributions cannot be cancelled and/or refunded.
3.4 The maximum donation/contribution that a Donor, Funder, or Hugger can make is 2 000 USD. A Donor, Funder, or Hugger can make maximum four payments to a Crowdfunding Campaign. The maximum value of a Crowdfunding Campaign is 150 000 USD.
3.5 The maximum timeframe of a Crowdfunding Campaign is 80 days.
3.6 A user of the Website can post maximum two Crowdfunding Campaigns at one time. A user of the Website can post maximum four Crowdfunding Campaigns per year.
4.1 If an All or Nothing Crowdfunding Campaign reaches its goal, WEHUG charges a fee of 3.5% from the sum generated through the Crowdfunding Campaign (hereinafter, referred to as “Website’s Fee”). For a Flexible Crowdfunding Campaign WEHUG charges a fee of 7% from the sum generated through the Crowdfunding Campaign (hereinafter, referred to as “Website’s Fee”). In addition, PayPal will deduct the following fees from the sum generated through the Crowdfunding Campaign (hereinafter, referred to as “PayPal’s Fees”): (1) a fee amounting between 1,4 – 3,4% and (2) a fixed fee from the sum generated through the Crowdfunding Campaign. For more information on PayPal’s fees, please visit http://www.paypal.com/au/webapps/mpp/paypal-fees .
4.2 The fees mentioned in Section 4.1 are not refundable.
4.3 For registered charities and NGO’s, WEHUG will not charge Website’s fee in the first year of the operation of the Website except administration and transaction fees.
4.4 If an All or Nothing Crowdfunding Campaign does not generate any money, WEHUG will not charge any fees from the Campaign Owners except any administration or credit card transaction fees arising in relation to the Crowdfunding Campaign.
4.5 The fees mentioned in this Section 4 may be adjusted at any time at the sole discretion of WEHUG.
4.6 The users of the Website are solely responsible for reporting their income and paying all applicable taxes on time.
4.7 If Donors, Funders and Huggers need advice concerning tax matters, they need to consult their lawyer or accountant or communicate directly with a Campaign Owner.
5. Responsibility of WEHUG
5.1 WEHUG shall not be responsible for the delivery of the rewards promised in Crowdfunding Campaigns. If Donors, Funders or Huggers have any questions in relation to the rewards, they should communicate directly with the Campaign Owners.
5.2 WEHUG shall not be responsible for fraud campaigns, spamming or scams on the Website.
5.3 WEHUG shall not be responsible for any chargebacks or disputes associated with payments made through the Website.
5.4 WEHUG does not warrant or guarantee: (i) that the rewards promised in Crowdfunding Campaigns will be delivered; (ii) and that the rewards promised in Crowdfunding Campaigns will be satisfactory to you.
6. User-generated content
6.1 The Website offers users the opportunity to post text, video and photos related to Crowdfunding Campaigns, profile accounts photos, and other materials on the Website (hereinafter, referred to “User-Generated Content”). By posting User – Generated Content, you grant to WEHUG an unrestricted, royalty-free, perpetual, and irrevocable right to display such User – Generated Content on the Website.
6.2 You agree not to post on the Website any User – Generated Content or other material that:
(1) Violate any law, statute, ordinance or regulation.
(2) Relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) stolen goods including digital and virtual goods, (e) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (f) items that are considered obscene, (g) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (h) certain sexually oriented materials or services, (i) ammunition, firearms, or certain firearm parts or accessories, or (j) certain weapons or knives regulated under applicable law.
(3) Relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the sale of traveler’s checks or money orders, (h) involve currency exchanges or check cashing businesses, or (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities.
(4) Involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
(5) Violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices.
(6) Involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from WEHUG and PayPal and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
6.3 You further agree that any User – Generated Content you post on the Website does not contain any confidential, proprietary or trade secret information. WEHUG shall have no obligation to store, keep copies of or return any User – Generated Content. WEHUG further reserves the right, in its sole discretion, to modify, delete or remove any User – Generated Content from the Website that it deems to be in violation of the foregoing requirements.
6.4 You will be solely responsible and liable for, and will indemnify WEHUG and its officers, directors, employees and agents from and against any losses, expenses, liabilities, claims, costs, and damages arising from User – Generated Content.
7. WEHUG’s Content
7.1 The Website contains materials that are owned by WEHUG (hereinafter, referred to as “WEHUG’s Content”). Such materials include, but are not limited to text, photos, and source code. WEHUG’s Content is intellectual property of WEHUG. WEHUG’s Content is protected by the intellectual property law of Cyprus and the applicable international intellectual property laws.
8. A license to use the Website
8.1 Subject to the provisions in the Terms, WEHUG grants you a personal, nonexclusive, nontransferable, non – sublicenseable, limited license to use the Website.
9. License restrictions
9.1 Unless explicitly allowed in the Terms, you may not: (i) copy the User-Generated Content and WEHUG; (ii) distribute the User – Generated Content and WEHUG’s Content; (iii) adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the User-Generated Content and WEHUG’s Content; (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the User-Generated Content and WEHUG’s Content to third parties.
10.1 All WEHUG’s Content featured or displayed in or through the Website and all trademarks, service marks and trade names of WEHUG included therein, are intellectual property of WEHUG, its licensors, vendors, agents and/or other content providers.
10.2 User – Generated Content is owned by their respective owners and WEHUG is not responsible in any manner for that content.
11. Your warranty to WEHUG
11.1 You represent and warrant that: (i) you have the authority to bind yourself to these Terms; (ii) you will use the Website only for purposes that are permitted by these Terms; and (iii) your use of the Website will comply with all applicable laws.
13.1 We will use reasonable efforts to make the Website available at all times. However, you acknowledge that the Website is provided over the Internet and so the quality and availability of the Website may be affected by factors outside our reasonable control.
13.2 We do not accept any responsibility for unavailability of the Website due to bandwidth problems, equipment failure, or acts of God
14. Disclaimer of Warranties and Indemnification
14.1 WEHUG IS LICENSING THE WEBSITE “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” WEHUG MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY, FOR ANY PURPOSE, OF THE WEBSITE. WEHUG HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND ITS OPERATION. WEHUG EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. Limitation of Liability
15.1 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WEHUG BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER RELATED OR SIMILAR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, AND FOR ANY CAUSE OF ACTION, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WEHUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.1 You agree to indemnify and hold harmless WEHUG and its agents, affiliates, consultants, directors, employees, officers, and anyone providing information or software used in the Website from any and all claims arising from your use of the Website.
17.1 These Terms are effective until terminated.
17.2 WEHUG may terminate the Terms at any time at its sole discretion with or without notice to you. Additionally, your rights under these Terms will terminate automatically if you fail to comply with any of the provisions contained in the Terms.
17.3 Upon termination, all legal rights and licenses granted to you hereunder shall terminate immediately and you shall cease all use of the Website.
18. Governing Law
18.1 The Terms shall be governed by the laws of Cyprus. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Cyprus for all disputes arising out of or relating to these Terms.
18.2 WEHUG is controlled and operated from its facilities in Cyprus. WEHUG makes no representations: (i) that the use of the Website is legal in other jurisdictions; (ii) and that the Website is available for use in other jurisdictions. If you access the Website from other jurisdictions, you are solely responsible for compliance with any applicable laws, including, but not limited to, export and import regulations.
19. Amendment of these Terms
19.1 WEHUG reserves the right to modify or amend these Terms from time to time without notice. If you continue using the Website following the posting of changes to the Terms, you declare that you accept those changes.
20. Contacting Us
20.1 If you have any questions about these Terms, please contact us by email at firstname.lastname@example.org
21. Last amendment
21.1 These Terms have been last amended on 2nd of February 2014.