“About the terms and conditions of using all services and functions of social crowdfunding resource platform”
“SIPstarter: Social Investment Projects”
Section 1. Terms
In this Agreement the following terms are used in the following meanings:
1.1. SIPstarter: Social Investment Projects is a social crowdfunding resource platform aimed at attracting resources from Ukrainian citizens, foreign citizens, local, regional, national and international funds, donor organizations and businesses to implement social "Projects" hosted on the Platform.
1.2. "Platform" - a web portal of the social resource platform "SIPstarter: Social Investment Projects", managed by the "Platform Administrator", at the Internet address - www.sip-starter.com, where "the User" has the opportunity to post information about his social "Projects" with the purpose of further acquaintance with it of other "Users" and the opportunity to transfer other "Users" money for the implementation of the "Project".
1.3. "Project" - a set of actions, activities, etc., to obtain specific unique results within the allotted time and within the approved budget, which is allocated to pay for the resources used or consumed in the course of its implementation.
1.4. “Project on the Platform” - registered on the “Platform” “Project”, which has been granted the right of public disclosure on the “Platform” in accordance with this Agreement; a web page on the Platform with information provided by the "User" about his social "Project" in order to further acquaint him with other "Usersand the opportunity to transfer other "Users" money for the implementation of the "Project".
1.4.1. “Unsuccessful Project” is a “Project on the Platform”, the implementation of which does not fulfill the terms of this Agreement and the purpose of the “Project on the Platform” is not achieved.
1.4.2. A “Successful Project” is a “Project on the Platform”, under which all the terms of this Agreement are fulfilled and the purpose of the “Project on the Platform” is achieved.
1.5. "Platform Administrator" is a public association of the "Social Investment Board", an independent public oversight body responsible for "Platform Management", provides technical and organizational support, administration of collected money, other tangible and intangible resources within the scope of the Statutory Activity. "The Platform Administrator" reserves the right to act as Beneficiary / Sponsor within its Statutory Activities.
1.6. "Platform management" - services of "Platform administrator" associated with "Users" opportuninties to use functions and services of "Platform", accumulation and administration of financial and non-financial resourses with are gathered with the help of "Platform", technical support for the functioning of the "Platform", processing of information data provided by the "Users", production of thematic information content.
1.7. "User" means any person who has accessed the services provided by the "Platform" and the information through a visit to the "Platform", including whether or not it has been registered. Depending on the actions performed by the "User" on the "Platform", the "Platform Administrator" distinguishes the "Users" by type to clarify the provisions of this Public Agreement:
1.7.1. "User - Author of the Project" - a competent legal entity, organization, initiative group that has a “Project on the platform”;
1.7.2. "User - Benefactor / Sponsor" - a capable individual or capable entity who voluntarily performs one or more charitable activities that have accepted a "Public Offer" and listed resources / money for the implementation of social "Projects" created on the basis of the "Platform". "User - Benefactor / Sponsor" also has the right to be a "User - Author of the Project" and vice versa, in the future to obtain the status of "Partner of the Platform" in accordance with the terms of this Agreement.
1.7.3. "Beneficiary Users" - a Charity Assistance Recipient that receives assistance from fundraising on the "Platform" from one or more "Users - Benefactors / Sponsors", "User - Author of the Project" to achieve their goals as defined by the Law of Ukraine "On Charitable Activities and Charitable Organizations", the terms of the social "Projects", this Agreement.
1.8. "Platform Partners" - "Users" ("User - Project Author", "User - Benefactor / Sponsor") who have a "Platform Project". “Platform” provides a number of services and modules to “Platform Partners”:
- 24-hour online access to the "Private office" from any part of the world, which will allow to control the receipt and use of financial resources, to monitor the status of implementation of the "Platform Project" and the "Project";
- Access to the financial statements of the "Platform" in the Personal Cabinet.
1.9. “Public Offer” is a valid proposal by the Platform Administrator posted on the Platform on the terms and conditions of use of the Platform's services, services and functions to an indeterminate number of individuals or entities.
1.10. "Acceptance" - complete and unconditional acceptance of the "Public Offer" by performing actions aimed at the functioning, procedure and conditions of use of the services, services and functions of the "Platform", making money transfers by means of payment forms and means of payment systems used by the "Platform" and by transferring funds to the current account of the "Platform Administrator" through banking institutions.
“Public Offer” is considered to be accepted from the date of transfer of funds to the current account of the “Platform Administrator”, subject to acceptance of the “Public Offer”.
1.11. “Project Purpose on the Platform” - transfer of “Beneficiary / Sponsor Users” funds to “Platform Administrator” accounts for subsequent transfer to “Beneficiary Authors” or “Beneficiaries”; cooperation and partnership among themselves to support and promote social "Projects" hosted on the "Platform", to attract resources aimed at the implementation of exclusively social "Projects" or "Projects" with a social component.
1.12. "Charitable Donation" - free transfer by the "User - Beneficiary / Sponsor" to the account of the" Platform Administrator" for their subsequent administration by the "Platform Administrator" within the scope of the Statutory Activities and subsequent transfer to the "Beneficiary Author", or with his consent "Beneficiary" for the achievement of certain goals of charitable activity provided for by the Statute of the recipient of funds in accordance with the Law of Ukraine" On Charitable Activities and Charitable Organizations ", the Statute the "Platform Administrator", the terms of the "Platform Projects", and this Agreement.
1.13. "Project Resources" - resources that are collected on the "Platform" and directed to the implementation of social "Projects" that are posted on the "Platform".
1.14. "Personal Account" - the private space of a registered "User" on the "Platform" for posting information on projects created and implemented on the "Platform", for managing personal data and for monitoring the internal balance of funds held on the "Platform". Access to the "Personal Account" is granted to the User upon successful completion of the "User Registration".
1.15. "User Registration" - an established procedure of actions and measures, after which the User has the opportunity to access the "Personal Account" using his own login and password on the "Platform". Registration of the User gives the opportunity to identify him on the "Platform" by other "Users" and the "Platform Administrator".
1.16. “Project Result” means the end result, object, service, social service or social result in tangible and / or intangible forms created by the "User-Author" of the "Project" as a result of the financing of the "Project" on the "Platform" obtained through the use of services and functions of the "Platform".
1.17. “Platform Administrator Remuneration” means tangible and intangible payments received from the "User" for ensuring the functioning of the "Platform", technical support of the "Platform" and administration of "Platform Projects"; payment for the services of the “Platform Administrator” for the opportunity of “Users” to post information on the “Platform” about their social “Projects”, payment for the opportunity of “Users” to receive consolidated funds collected. "Platform Administrator Reward" is used within the statutory activities of "Platform Administrator".
1.18. “Application” - information about the “Project”, reward and personal data of the “User” provided by the “User” independently and in agreement with the “Platform Administrator” during “User Registration” on the “Platform”, upon registration of the “Project on the platform”, sent to the email address of the “Platform” or the “Platform Administrator” with the aim of further posting the above information on the “Platform”, collecting funds, announcing, as well as collecting information about the “Users” interested in participating in Social "Projects".
1.19. “Project Constructor” - an electronic form in the form of electronic pages in the structure of the “Platform”, which is used when registering the “Project on the platform”, the form in which the “Application” is submitted to the “Platform Administrator”.
1.20. "Premoderation" - evaluation and editing by the "Platform Administrator" of the information provided by the User in the "Application" in accordance with the vision and requirements of the "Platform Administrator" of placement of the "Project on the Platform".
1.21. “Platform Rules” - all sections and clauses of this Agreement that govern the activities and relationships of "Users" and "Platform Administrators".
1.22. "The crowdfunding Campaign" - an information and communication campaign to raise extrabudgetary resources, during which the money is raised to implement the "Project".
1.23. All other terms and definitions not specified in Section 1 of this Agreement should be determined in accordance with the practice of trade and applicable law of Ukraine.
1.24. The use of the terms in the text of this Agreement and in the "Public Offer" terms in upper or lower case, full or abbreviated name (s) is identical and authentic in terms of writing and comprehension.
Section 2. General
2.1. This Agreement sets out the terms and conditions for use by all Users of the Platform's services and features.
2.2. The agreement was concluded in accordance with the requirements of the current legislation of Ukraine. All relations arising out of the use of the Platform are governed by the laws in force in Ukraine.
2.3. The unconditional acceptance by the "User" of this Agreement (on acceptance of the proposal in accordance with Article 642 of the Civil Code of Ukraine dated January 16, 2003 №435-IV (hereinafter - CCU) is the implementation by the "User" of any of the following actions:
2.3.1. Registration on the "Platform";
2.3.2. Use of any service or function of the "Platform", regardless of the registration, if this technical possibility exists.
2.4. The terms of this Agreement may only be accepted by the "User" in full. Partial waiver of the Agreement is not allowed.
2.5. A reference by the "User" to the ignorance of the terms of this Agreement shall not be grounds for non-compliance by the "User" of this Agreement. All actions taken by the User on the "Platform" shall be deemed to be the actions of a person familiar with the terms of this Agreement and agreed with all clauses of this Agreement.
2.6. The Agreement is addressed to persons who are in full legal capacity under the current civil law of Ukraine, otherwise the User is under an obligation not to use any service or function of the "Platform".
2.7. An integral part of this Agreement is the "Privacy Policy" and the "Platform Terms of Use" set out in this Agreement.
Section 3. Subject of the Agreement
3.1. This Agreement regulates the order of access of "Users" to the information posted by "User-Authors" on the "Platform", the procedure of use of "Platform", as well as the procedure for the dissemination of information by "User-Authors", receiving remuneration by "Platform Administrator".
3.2. The "User" have to be fully acquainted with the terms of this Agreement before registering on the "Platform". Registration of the "User" on the "Platform" indicates full and unconditional acceptance by the User of the terms of this Agreement (unconditional acceptance of the offer according to Article 642 of the CCU).
3.3. "Platform" acts on behalf and at the expense of "Users" on the basis of relevant agreements concluded between the "Platform Administrator" and "Users" (of all types), collects funds from "User - Benefactor / Sponsor" in favor of "User-Authors" And "Beneficiary Users". "User-Author" - "Partner of the Platform" is responsible for their actions and fulfillment of the responsibilities for the implementation of the "Project".
3.4. Platform Administrator hold all copyright laws on the "Platform", as well as information on the "Platform", at the "Platform" address as much as the Internet (domain name) - www.sip-starter.com on the basis of a license agreement. It provides access to the "Platform" to all interested parties in accordance with the terms of this Agreement and applicable law of Ukraine.
3.5. The "Platform Administrator" acts on behalf of the "Users", posting information that has passed the "Premoderation" to the "Platform Administrator" in accordance with this Agreement. Upon completion of the fundraising, the information on the "Platform Project" remains and is available to all users of the Platform.
Section 4. Platform Service
4.1. "Platforms Projects" service is created for public funding (crowdfunding) of "Projects" published on the "Platform". The service is available at link. With the help of this service, the "Platform Users" are given the opportunity to combine the efforts of individual "Users" in financing socially significant social "Projects" that are impossible or difficult to implement for the "User - Author" due to financial difficulties.
4.2. The Service has the following types of "Projects on the Platform", the purpose of which is to raise funds on the accounts of the "Platform Administrator":
4.2.1. "Universal" is a type of "Project on the Platform" and has no limit on the amount of money to be spent on the "Project" (the amount specified in the "Application" has been "premoderated" and published on the "Platform"), but has a time limit for fundraising up to 100 calendar days from the date of publication of the project on the "Platform", which the "User-Author" himself establishes when filling in the "Application". Such "projects on the platform" are carried out as follows:
4.2.1.1. "Registration", "Application", "Premoderation", "Application" approval, collection of funds. If the amount of the collected funding is equal to or exceeds 100% (one hundred percent) of the approved amount required for the implementation of the "Project", which is published on the "Platform" - "Project on the Platform" is considered to be a "Successful Project", the total amount of the received funds shall be transferred in tranches to the "Author User" or "Beneficiary User", according to the terms and conditions between the "Platform Administrator" and the "Author User", less the commission fee of the "Platform Administrator" in the amount of 7% (seven percent) of the amount of funds raised for the implementation of the "Project" through the services, modules, functions of the "Platform" to the current account of the "Platform Administrator". The transfer of the collected funds minus the commission to the current account of the "Author User" or "Beneficiary User" is made gradually, in tranches, for which the "Author User" reports in the form provided by the "Platform Administrator";
4.2.1.2. If at the end of the "Project on the Platform" deadlines, the amount of funding exceeds 75% (seventy-five percent), but does not reach 100% (one hundred percent) of the required amount - "Author User" has the right to allow the transfer of funds to the "Beneficiary User", provided that this is part of the obligation to "Beneficiary Users / Sponsors". The commission fee of the "Platform Administrator" in this case will be 7% (seven percent) of the amount of funds raised for the period of expiry of the established terms on the project settlement account of the "Platform Administrator". Transfer of the collected funds, net of commission, to the current account of the "Beneficiary User" is made gradually, in tranches, for which the "Author User" reports in the form provided by the "Platform Administrator".
4.2.1.3. If, after the established deadlines for the "Project on the Platform" have expired, the amount of funding has exceeded 50% (fifty percent), but has not reached 100% (one hundred percent) of the amount required for the implementation of the "Project" - "User-Author" has the right to continue the "Project on the Platform" for a period not exceeding the previous one. The "Project on a Platform" can be extended only once for one "Project on a Platform", otherwise agreed by the "User-Author" in agreement with the "Benefactor Users / Sponsors" and the "Platform Administrator". The commission fee of the "Platform Administrator" in this case is 7% (seven percent) of the amount of money received to the current account of the "Platform Administrator" of the money collected for the "Project on the Platform".
4.2.1.4. If after the expiration of the "Project on the Platform" (taking into account the continuation of the "Platform Project", if any), the amount of funding has not exceeded 50% (fifty percent) of the required amount - the "Platform Project" will be deemed unsuccessful and the funds will be divided equally between all "Platform Projects", subject to the terms of this Agreement and net of the "Platform Administrator" fee. The commission fee of the "Platform Administrator" in this case is 7% (seven percent) of the total amount of funds in the "Project on the Platform" account at the time of the end of the fundraising period. The transfer of the collected funds, net of commission, is carried out under the agreement of the "User-Author" of the "Project" in accordance with this Agreement;
4.2.1.5. Sections 4.2.1.1. to 4.2.1.4. are not mutually exclusive;
4.2.1.6. If the collected amount exceeds the amount necessary for "User-Author" to reach the final "Project Result", "User-Author" has the right to terminate the collection of funds ahead of time;
4.2.1.7. In case of refusal of the "user-Author" to continue the "Project on the Platform" (para. 4.2.1.3.) - The "Project on the Platform" is considered unsuccessful and the funds raised are distributed in equal parts among all "Projects on the Platform". The commission fee of the "Platform Administrator" in this case is 7% (seven percent) of the total amount of funds in the "Project on the Platform" account at the time of the end of the fundraising period.
4.2.2. The "Platform Project" type "Indefinite" is a type of "Platform Project" with no limit on the amount required to implement the "Project". The "User-Author", when submitting the "Application", determines the required amount. The "Platform Project" "Indefinite" has no end date and is completed when the full amount required for the implementation of the "Project" is received. The implementation of such a "Project on the Platform" is as follows:
4.2.2.1. Registration. Creation of the "Application" - filling in the "Project Constructor". Approval of the "Application". Collection of funds. If the amount of funding for such a "Platform Project" does not reach 5% (five percent) of the required amount every 30 (thirty) days, the "Platform Project" is considered to be a "Unsuccessful Project" and is cancelled and funds are redistributed in equal parts among all "Platform Projects";
4.2.2.2. If the "Project on the Platform" reaches 100% (one hundred percent) of the required amount - "Project" is considered a "Successful Project", the collection of funds is completed and the collected amount is transferred in installments to the "User-Author", or to the "User-Beneficiary" (by order of the "User-Author"), less a commission fee of 7% (seven percent);
4.2.2.3. If the "User-Author" does not wish to receive the collected funds from the "Platform Administrator", the "Project on the Platform" is considered to be an "Unsuccessful Project" and the funds are redistributed in equal parts among all "Projects on the Platform". The commission fee of the "Platform Administrator" in this case is 7% (seven percent) of the amount of redistributed funds paid by the "User-Author" in favor of the "Platform Administrator", the fee is withheld by the "Platform Administrator" at the expense of the collected funds;
Section 5: Using the Service
5.1. The service can be used:
5.1.1. "Beneficiary Users / Sponsors" - to participate in the "Platform Project" as a legal entity or individual providing funds for the realization of the "Project" and provides the opportunity to post information about the support of the "Platform Projects". The commission fee "Benefactor / Sponsor" for crediting the funds to the accounts of the "Platform Administrator" is not charged.
5.1.2. "Author User" is for the formation of the "Platform Project", its media use, for raising funds for the purpose of their intended use for the realization of the "Project", for the payment of remuneration in favor of the "Platform Administrator", for the transfer of "Beneficiary Users", if provided for by the terms of the "Project". The "User-Author" has the right to receive reports from the "Platform Administrator" on the collection of funds in the form determined by the "Platform Administrator".
5.1.3. "Beneficiary User" - for the implementation of the "Project", receipt of funding for the implementation of the "Project" components, which provide for the receipt of the final product or service, payment of remuneration in favor of the "Platform Administrator".
5.2. For the implementation of the "Platform Project" the "User-Author" performs the following actions:
5.2.1. Creates the "Application" by providing the necessary information to the "Platform Administrator" with the help of the "Project Designer".
5.2.2. After the creation of the Application, the "User-Author" and the "Platform Administrator" agree by communication via e-mail on the terms and conditions of the Crowdfunding Campaign: a list of documents, references, etc., which, in the opinion of the "Platform Administrator", are not sufficient or which, in the opinion of the "Platform Administrator", may be needed by the "Platform Administrator" to check the reliability of the "User-Author" and the reality of the "Project" implementation;
5.2.3. In the "Application" the "User-Author" specifies the information and the main characteristics of the planned actions: the name of the "Project", its description, indicating the direction of social funding, the amount of financial assistance required, the amount of funds already available, the timing of the "Project", obtaining the results of the "Project" (if the receipt of such results is planned under the terms of the project). The description of the "Project" may contain other information which, in the opinion of the "Author User", may be of interest to the beneficiaries, "Beneficiary Users / Sponsors" and the public. The "Platform Administrator" has the right to invite the "Author User" to provide additional information and/or materials which, in the opinion of the "Platform Administrator", are not sufficient or which, in the opinion of the "Platform Administrator", may be necessary to verify the reliability of the "Author User" and the reality of the implementation of the "Project";
5.2.4. When calculating the amount required for the implementation of the "Project", "User-Author" has to take into account the amount of the fee to be paid to the "Platform Administrator" for the "Platform Management" - administration, technical support and provision of the opportunity to use the "Platform" services. The established amount of commission in relation to the specific "Project on the Platform" is 7% (seven percent) of the total amount required for the realization of the "Project" and specified by the "User-Author" in the "Application". The established amount of commission cannot be revised after the "User Registration".
5.3. Submitted materials must not violate the current legislation of Ukraine. In case of identification of materials that may violate the current legislation of Ukraine, the "Platform Administrator" has the right to restrict access to such materials or remove them without prior notice.
5.4. The current "Application" is considered by the "Platform Administrator" and "Premoderation" is conducted. In the process of "pre-moderation" the completeness and exhaustiveness of the materials provided for the launch of the "Project on the Platform" and the beginning of fundraising are checked.
5.5. In the process of "Pre-moderation", the "Platform Administrator" does not check if the "User-Author" has the rights to the provided materials (for example, the rights to place photos and videos, the right to place the text, attributing this text to commercial or other secrets of third parties, the availability of findings and expertise, etc.). At the same time, in case of identification of signs of violation of the rights of third parties, violation of the current legislation of Ukraine, the "Administrator of the Platform" has the right to require the "User-Author" to eliminate the identified violations or refuse to post materials on the pages of the "Platform", including in the section "Projects". The "Platform Administrator" has the right to demand from the "User-Author" to carry out the necessary expertise and expert conclusions on the Project, which offers to implement the "User-Author", from third parties that have the authority to do so.
5.6. In case of refusal to post materials of the "Project on the Platform", the "Platform Administrator" does not bear any responsibility, including direct or indirect losses occurred in the "User-Author" or in other "Users" in connection with the refusal to post such materials.
5.7. Materials that have been "pre-moderated" become "Platform Project", which is the basis for the following:
- An additional agreement is concluded between the "Platform Administrator" and the "User-Author", which will specify the obligations of the "User-Author" to report to the "Platform Administrator" on the funds to be used in the realization of the "Project";
- The "User-Author" is provided with the opportunities (services) to manage the "Platform Project" in "Personal Account".
5.8. The "Platform Project" shall contain the following information: the name of the "Project", its description, description of the "Project Result" (Results), expiry date and number of days remaining until the completion of the "Platform Project (for projects of the Universal type), the amount of money required for the realization of the Project, the total amount of money received into the current account, the status of the Project on the Platform (current or completed), news of relevance. Other materials may be placed in the "Platform Project".
5.9. "User-Author" may include additions and explanations in the "Platform Project".
5.10. Changes may be made only after additional "Pre-moderation" of these changes by the "Platform Administrator".
5.11. Funds raised are transferred to the "User-Author" provided that the "Platform Project" is recognized by the "Platform Administrator" as a "Successful Project", or by order of the "Platform Administrator". A "Platform Project" is defined as a "Successful Project" in accordance with paragraphs 1.4.2. and 4.2. of this Agreement. The "Remuneration of the Platform Administrator" may be withheld by the "Platform Administrator" at the expense of the funds raised, in accordance with this Agreement.
5.12. The amount of the commission fee of the “Platform Administrator” is determined by this Agreement.
5.13. Upon completion of the "Platform Project", one of the decisions is taken:
5.13.1. Recognize the "Platform Project" as a "Successful Project" and transfer the collected funds to the "User-Author" of the "Platform Project", or "Beneficiary User" by order of the "User-Author";
5.13.2. Recognize the "Platform Project" as unsuccessful and do not transfer the accumulated funds to "User-Author" or "Beneficiary User" and redistribute in equal parts the total amount collected at the time of completion of fundraising between all projects that are at that time on the "Platform".
5.14. The Service is used by all users according to the templates of the pages presented in the section "Projects". The use of templates is a mandatory condition for the application of the service. The service functions in other ways is a violation of this Agreement.
Section 6. Rights and duties of the "Platform Administrator"
6.1. This Agreement is an open and publicly available document. The current version of the Agreement is available on the "Platform" at link
6.2. In case of violation of the terms and conditions of this Agreement by the "User", the "Platform Administrator" shall have the right to block access to the "Platform" for such "User", i.e. to cancel the "User Registration" and block the access of the "Personal Account", with or without prior notice.
6.3. The "Platform Administrator" will have the right to contact the "User" by the contact details specified by the "User" or by the contact details which are in the public domain.
6.4. The "Platform Administrator" performs the current management of the "Platform", which determines its appearance and structure, allows or prohibits access of the "Users" to the "Platform" and performs other operations necessary for the normal functioning of the "Platform".
6.5. The "Platform Administrator" on the "Platform" informs the "Users" about the status of the "Project", the "Project on the Platform" and the fact that funds have been received into the accounts of the "Platform Administrator" within the framework of fundraising for the implementation of a specific "Project".
Section 7: Rights and duties of the "User"
7.1. "User registration" on the "Platform" is voluntary. The "Platform Administrator" does not charge the "Users" for the use of the services of the "Platform", unless otherwise expressly stated in the additional agreements.
7.2. The User is responsible for reliability, relevance, completeness and compliance of the information provided during the "User Registration" with the current legislation of Ukraine and the absence of claims of third parties.
7.3. In case of "User Registration", "User" agrees to the terms and conditions of this Agreement and assumes the rights and obligations specified in them related to the use and operation of the "Platform", as well as the conditions defined by the "Platform Administrator" for participation in the relevant "Project on the Platform".
7.4. When "registering the User", the "User" is obliged to provide the necessary reliable and up-to-date information for the formation of the "Personal Account". "user", including surname, first name, patronymic (surname, patronymic) / organization name, registration data, etc., unique for each "user" login (e-mail address) and password of access to the "Personal profile" on the "Platform".
7.5. During authorization on the Platform by means of third-party systems, if technically possible, the "user" login is assigned to the selected system, and the password is generated automatically and sent to the specified e-mail address. The "User" can change the password in "Personal profile".
7.6. Accepting the terms of this Agreement by "Registering the User", "User", in the case of posting on the "Platform" information that is related to the Law of Ukraine "On Protection of Personal Data" dated 01.06.2010 № 2297-VI, agrees to their processing both with the use of automated means and without the use of the latter, in particular, the collection, storage, transfer to third parties and the use of information by the "Administrator of the Platform" in order to meet obligations to the "User" in accordance with the Agreement.
7.7. After successful "Registration of the User", the "Platform Administrator" assumes the rights and obligations to the "User", which are specified in this Agreement.
7.8. The login and password chosen by the User are the necessary and complete information for the access of the User to the Personal Account of the latter. The "User" has no right to transfer the login and the password to the third parties, takes full responsibility for their safety, independently choosing a way of their storage.
7.9. Any actions performed with the use of the User's login and password are considered to be performed by the corresponding User.
7.10. The "User" should provide reliable and complete information to the "Platform Administrator" during the "Registration of the User". If the "User" provides false information, or the "Platform Administrator" has grounds to believe that the information provided by the "User" is incomplete and / or unreliable, the "Platform Administrator" has the right at its own discretion to block access to the "Platform" for the "User" with or without prior notice.
7.11. The "User" guarantees the following:
7.11.1. Knowledge of all necessary powers and legal capacity established by the current legislation of Ukraine to perform legally significant actions. Also, the "User" guarantees that in the absence of the necessary powers for the implementation of these actions, he undertakes not to perform such actions to eliminate the obstacles that have arisen;
7.11.2. During the participation in the "Project on the Platform" will comply with all paragraphs of this Agreement;
7.11.3. to "User-Author" reliable information is given, which is exhaustive for fulfillment of its obligations to "User", connected with "Project", "Project on a platform".
7.11.4. "Charitable User/Sponsor" undertakes to independently check the content of the "Project on the Platform", the conditions of the "User-Author", the procedure of "Crowdfunding Campaign" and the performance of obligations under the "Project", as well as other additional requirements and conditions of the "User-Author" to participate in a certain "Project on the Platform" before choosing the remuneration. If there are any questions about the implementation of the relevant project, the "Charitable User/Sponsor" has the right to invite clarifying information to the "Developer-Author" through the "Platform Administrator".
7.12. The "Charitable User/Sponsor" undertakes to familiarize itself with the ways of depositing funds to finance the "Project on the Platform" and to choose the most convenient way to transfer funds.
7.13. The "Charitable User/Sponsor" will provide funds for the "Platform Project" on time and in full. After the confirmation of the money transfer made by the Benefactor User/Sponsor to the current account of the "Platform Administrator", the "Platform Administrator" reflects them in electronic form on the pages of the "Platform".
7.14. When using, visiting the Platform, any person, non-registered persons, if technically possible, and all "Users" are prohibited:
7.14.1. To use the "Platform" in any way, violates the terms of this Agreement and / or the provisions of current legislation of Ukraine;
7.14.2. Mislead, abuse, insult, threaten or otherwise limit the rights and freedoms of other "Users" of the "Platform", "Platform Administrator", "Author Users", "Beneficiary Users / Sponsors", "Beneficiary Users" and / or other third parties;
7.14.3. Copy, modify, edit, change, delete, supplement, publish, transfer the objects of rights to the results of intellectual property of "Platform Administrator", "Author Users" and / or any other third parties, produce or sell products based on them, reproduce, display or in any other way to use such rights of third parties without the express permission of their owners;
7.14.4. Use the "Platform" in a dangerous way, or in a way that may disrupt the stable and uninterrupted functioning of the "Platform";
7.14.5. Carry out or attempt to carry out access to the "Platform" or any part/function of the "Platform", as well as any network connected to the "Platform", in an unauthorized manner;
7.14.6. Without the approval of "Users" or other third parties to post any personal information, directly related to such persons, to carry out illegal collection and / or processing of personal data of other "Users" and / or other third parties;
7.14.7. It is not correct to inform "Users" and / or third parties about their identity;
7.14.8. Use any device, program or process, algorithm or any other automatic device to gain access to the "Platform", purchase, copy or track any part of it, ignoring the navigation systems of the "Platform", to obtain any materials, documents or information by means of "Platform" does not provide the "Platform".
Section 8. Procedure for processing and placement of Project Applications
8.1. In order to execute and place the "Application" on the "Platform", the "User-Author" need to place independently the necessary information about its "Project" , filling in all the necessary columns in the automated system of acceptance of "Applications" - "Project Constructor".
8.2. "User Author" can act:
8.2.1. Capable and competent legal entity or individual-entrepreneur (except the 1st and 2nd group, which are on the simplified taxation system) registered in Ukraine.
After submission of the "Application", the "User-Author" to the request of the "Platform Administrator" has to submit documents confirming the validity of registration of the organization, legal entity or individual entrepreneur.
8.3. Projects are forbidden if:
8.3.1. Pursue personal goals that are not related to social or public benefit activities;
8.3.2. Does not comply with the moral and ethical standards of society;
8.3.3. Related to political activity;
8.3.4. Offer to sell units, shares, interests, etc;
8.3.5. Contradict the objectives of the "Platform" as defined in this Agreement and the current legislation of Ukraine;
8.4. "Users" agreeing with this Agreement acknowledge that the remuneration / commission received by the "Platform Administrator" is a compensation payment within the framework of charitable activities and can be used by the "Platform Administrator" within the framework of its statutory activities. Compensation payment does not have the purpose of receiving profit by the "Platform Administrator" within the framework of the authorized activities of the "Platform Administrator".
8.5. Legal entities and individual entrepreneurs who are "User-Authors" have to provide the "Platform Administrator" with digital copies of title documents.
8.6. In order to execute the "Application", the "User-Author" is obliged to fully read the terms of this Agreement and the "Privacy Policy" before the beginning of registration on the "Platform". Registration of the "User-Author" on the "Platform" testifies to full and unconditional acceptance of this Agreement (acceptance of the offer according to Article 642 of the Civil Code of Ukraine).
8.7. Before the start of the "Platform Project" the "Author User" is obliged to provide all the necessary information for the "Users" to fully understand the essence and purpose of the "Project" in the "Project Designer", to provide personal information and details for the transfer of funds in digital form.
8.8. "Projects on the platform" of the "Author Users" after the completion of fundraising can not be deleted.
8.9. By posting the information on the "Platform", "User-Author" confirms the existence of all the copyrights to post this information. In case of detection of violations during the posting of the information and absence of the corresponding rights for its posting in the "User-Author", the "Platform Administrator" has the right to block the access to the "Project on the Platform" without warning and notification of the "User-Author" with a declaration of copyright violation on the page of the latter.
8.10. In case of the blocking of the "Platform Project" due to copyright infringement, all funds raised for the "Project on the Platform" remain in the account of the "Platform Administrator" until all the circumstances of such infringement are clarified. All information that violates copyright is deleted, and the "Platform Project" and "User-Author" remain on the "Platform" and are not subject to deletion.
8.11. The "Platform Administrator" has the right to refuse to publish the "Platform Project" without explaining the reasons for the refusal. This right may be exercised at any stage of the preparation of the "Platform Project".
Section 9. Procedure for cancellation of "Platform Projects" and redistribution of funds transferred by "Charitable Users / Sponsors" for implementation of "Projects"
9.1. Cancellation of the "Platform Project" is subject to the following conditions:
9.1.1. The "Platform Project" has expired. The term of the "Platform Project" of the "Universal" type is approved by the "Author User" himself when the "Application" is formed. Cancellation of such a "Platform Project" should be carried out in accordance with Section 4.2.1 of this Agreement.
9.1.2. Cancellation of the "Platform Project" of the "Unlimited" type is carried out in accordance with Section 4.2.2 of this Agreement.
9.2. The "Platform Administrator" is not responsible to the "Charitable Users" for the non-fulfillment and / or inappropriate fulfillment of the obligations of the "Author User" in case of cancellation of the "Platform Project", "Project".
9.3. If the "Project on the Platform" has been cancelled, the funds should be distributed in equal parts among all operating "Project on the Platform", in accordance with the terms of this Agreement, and information about the "Project on the Platform" should remain on the "Platform" and should not be deleted.
9.4. The cancellation of the "Platform Project" should be reported: "User-Author", "Charitable User/Sponsor", "Beneficiary Users" participating in the "Platform Project", other interested parties, if any, by the time the "Platform Project" is cancelled.
9.5. In the event of cancellation of the "Platform Project", "Charitable User/Sponsor" and "Author User" automatically grants the "Platform Administrator" the right to allocate the raised funds of a specific "Platform Project" in equal parts to all active "Platform Projects".
9.6. "Benefactor / Sponsor" does not provide the opportunity to return the funds provided for the implementation of the "Project" to the current account of the "Platform Administrator".
Section 10. Confidentiality and personal data protection
10.1. Accepting the terms of this Agreement by registration on the "Platform", the "Users", in the case of posting on the "Platform" information, in accordance with applicable law, refers to personal data, agrees to their processing with or without automated systems, in particular, storage, transfer to third parties and personal data using by the "Platform Administrator" in order to perform direct obligations to the "User" under the terms of this Agreement.
10.2. Despite the fact that personal data voluntarily provided by the "User" becomes available to the "Platform Administrator", as well as to individual "Author Users" and "Charitable Users / Sponsors", the "Platform Administrator" undertakes, when processing such data, to take all organizational and technical actions to protect them from unauthorized access of persons who are not "Users" of the "Platform". The "Platform Administrator" has the right to use voluntarily provided information by the "User", including personal data, in order to meet the requirements of the current legislation of Ukraine. Disclosure of such information may be made only in accordance with the requirements of the current legislation of Ukraine at the request of the court, law enforcement agencies, as well as in other cases provided for by the current legislation of Ukraine.
10.3. According to the terms of this Agreement, the "User" unconditionally agrees to the provision of their personal data to both the "Platform Administrator" and other "Users", with their processing, dissemination of this data through the "Platform", as well as with other actions of the "Platform Administrator" "on the basis of this data, in connection with the functioning" of the Platform.
10.4. If the "User" disagrees with the above conditions, he must immediately delete his personal data from the "Platform", as well as stop using this "Platform".
10.5. The "Platform Administrator" is not responsible for the safety of personal data published by the "Users" in the access to the "Platform" open to other "Users".
Section 11. Responsibility
11.1. The "Platform Administration" carries out editing - "premoderation" of information in the "application" placed by the "Users-Authors" on the "Platform" in the form of spelling and stylistic changes. The "Platform Administrator" is unable to verify the information specified by the "Author Users" and, accordingly, cannot guarantee its quality, reliability and legality. According to the above, the "Platform Administrator" is not liable to the Users for any false and/or unreliable information specified on the "Platform", except when the "Platform Administrator" is the "Author User".
11.2. The "Platform Administrator" will not be liable for damages or losses caused to the "Users", which have arisen due to errors or inaccuracies in the information specified by the "Author Users" on the "Platform". All possible disputes will be settled between the "Beneficiary User/Sponsor", "Beneficiary User" and "Author User" independently. The "Platform Administrator", in its turn, may act as a public expert, public controller, specialist, "Beneficiary User" by separate agreement with the "Author User", "Beneficial User/Sponsor". The "Platform Administrator" reserves the right to help or not help the "Users" to settle disputes, if any.
11.3. In case of lack of access to the "Platform", both in full and in part, through preventive maintenance or other technical measures that ensure normal and uninterrupted operation of the "Platform", the "Platform Administrator" will not be liable to the "Users" for failure to receive the last of any information.
11.4. The "User" is responsible for any damage caused by the use of materials and information obtained through the use of the services, modules and functions of the "Platform".
11.5. Responsibility for any problems that have arisen in the process of registration of the "User", registration of the "Remuneration of the Platform Administrator", confirmation and transfer of funds to support the "Projects on the Platform" "User-Author" is solely responsible. The "Platform Administrator" is not responsible for any damage or loss of the "User" arising from errors or negligence of the "User" towards his "Project on the Platform" or "Platform".
Section 12. Regulations on Intellectual Property Rights
12.1. Exclusive rights to all components of the software that make up the services and functions of the Platform, to the design of web pages, to the domain name, to the Internet address of the Platform belong to the developer of the Public Union "International Association for the Promotion of Sustainable Development of the South of Ukraine" "European strategy" and are used by the Platform Administrator on the contract base.
12.2. Each "User" of the "Platform" has the right to use the functions and services of the "Platform" only to perform the tasks for which the said functions, modules and services of the "Platform" are intended. The "User" of the "Platform" has no right to copy or change the provided software, to create derivative software, to alienate and / or transfer to third parties in any form of rights that are the subject of intellectual property of the developer of the "Platform" of the Public Union "International Association for the Promotion of Sustainable Development of the South of Ukraine "Euro strategy" or "Platform Administrator".
12.3. All exclusive rights to the content placed on the "Platform" belong to their rights owners. The "User" has no right to violate the intellectual property rights of third parties.
12.4. "Platform" may contain links to other resources on the Internet that belong to third parties. The "Platform Administrator" is not responsible for any information placed on the resources of third parties. When switching from the "Platform" to the websites of third parties, the "Platform" is not obliged to warn the "User" about such switching and its consequences.
Dispute resolution
13.1. This Agreement and all legal relations arising from it are regulated by the current legislation of Ukraine.
13.2. All disputes, disagreements and claims that may arise on the implementation of this Agreement, are resolved between the "Users" and the "Platform Administrator" through negotiations.