Terms and Conditions

HeroCrowd Terms and Conditions

www.herocrowd.org/terms

HeroCrowd Terms of Services

www.herocrowd.org/terms


Last Updated: April 21 2021


Our terms of service describe what HeroCrowd does for you and the charities and other projects you support, and what we require of you as a user. Undefined capitalised terms are defined below:


“Project” and “project” refers to individuals and charities causes/campaigns that you support through use of our service, including non-charitable HeroCrowd Crowdsourcing.


“Project Page” 


“Project Creator” and “Hero” refers to individuals


“HeroCrowd” or “us” or “we” refer to the owner of the mobile application and social media pages, HeroCrowd Limited.


“Crowdsourcing” refers supporting Projects through donations and/or assistance


“Mobile Application” refers to the published application both iOS and Play Store called HeroCrowd


 “You” and “your” refers to each user of the mobile application, including Donors, Heroes, and charities.


“Donors” refers to users who contribute to a Project financially or via Assistance


“Assistance” refers to supporting of a Project by volunteering time or information to support the Hero to achieve the Project goals


Contents


Your privacy is important to us. Our Privacy Policy shows you how we protect it, please refer to it on www.HeroCrowd.org/privacy


These terms of service (collectively, the "Terms”) govern your use of the HeroCrowd Mobile Application and its associated Services. Please read these Terms carefully. Your use of the Mobile Application and/or and its associated services constitutes your acceptance to these Terms.


If you create a HeroCrowd account or project or use any of our services, please remember HeroCrowd is for everyone. If we find offensive, defamatory, libellous, threatening, harassing, or obscene content on the Mobile Application, we will remove it and terminate your access. Please ensure the content you upload to the Mobile Application, especially pictures and videos, does not infringe another person’s copyright.


You must ensure that any information you provide on the Mobile Application to the public is accurate and not misleading. It is your responsibility to ensure that the content you are uploading on your page (“Content”), including pictures, photographs and any videos, is your original work and/or you have the right and/or licence necessary to upload it and it is not copyright-protected. If it is copyright-protected, you must obtain the copyright owner's written consent to use it. HeroCrowd reserves the right to remove any pictures, photographs, videos or copy from Project Pages at its sole discretion and without notice if their copyright status is in any doubt. If you suspect a breach of copyright on the Mobile Application, please email us at support@herocrowd.org Please note that by submitting and posting Content to the Mobile Application, you grant to HeroCrowd a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, modify, reproduce, publish, broadcast, display and distribute the Content in any format, using any medium, for the purpose of promoting HeroCrowd or a Project, or for any other purpose that we deem appropriate.


You must not misrepresent your identity or affiliation with any other person or organisation.


You must not use the Mobile Application to send junk email or “spam” to donors or other users who do not wish to receive email from you.


You must not use the Mobile Application to conduct, display or forward surveys, pyramid schemes or chain letters.


You must not use the Mobile Application to conduct, display or forward raffles, lotteries or contests.


You must not interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the HeroCrowd systems.


You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Mobile Application or any linked website.


You must not attempt to bypass the network firewall.


You must not use any party of the Mobile Application which you are not authorised to use or devise ways to circumvent security in order to access part of the Mobile Application which you are not authorised to access.


You must not use or attempt to use the Mobile Application for any unlawful, criminal, or negligent purposes (includes password cracking, social engineering, denial-of-service attacks, harmful and malicious destruction of data, and intentional invasion of privacy).


You must not disclose any information relating to any donor except with the consent of the donor or as permitted by applicable local laws.


HeroCrowd reserves the right to cancel your access and delete any Project without notice in the event you fail to follow any of the above rules. HeroCrowd may also suspend or delete a Project if the relevant Project is no longer receiving donations via HeroCrowd or is no longer active.


Building a Project Page in aid of a cause/beneficiary in no way implies HeroCrowd's or the cause/beneficiary 's endorsement of your activity. Prior to commencing an activity, it is your responsibility to ensure that the cause/ beneficiary has no objection to the nature of the proposed activity. HeroCrowd reserves the right, at its absolute discretion and without notice, to cancel your Project Page at the request of the cause/ beneficiary, in its absolute discretion, deems your activity inappropriate or unnecessarily dangerous.


About the Projects featured on the Mobile Application and HeroCrowd Social Media pages:


The Mobile Application and its associated Services allow you to donate to, assist for any Projects listed on the Mobile Application. Every Project featured has an agreement with HeroCrowd authorising HeroCrowd to collect donations on its behalf. Projects are listed on this Mobile Application at HeroCrowd's discretion; however, we are not responsible for the activities of any Project or the Project’s Creator a.k.a the Hero. If a Project is created on behalf of a charity, said charity must have the appropriate authorisation, permit or licence to operate as a charity, as required by the local laws of the territory in which it operates.


You should read the description of any Project on HeroCrowd carefully and make your own decision regarding the authenticity and suitability of the Hero/beneficiary to receive your donation or assistance. It is your responsibility to ensure that the organisation or person to which you donate is the intended recipient.



Subject to the requirements of applicable local laws, and what we say below in relation to Projects, once your donation is made it will only be refunded to you with the prior written consent of the Project Creator (Hero) to whom it has been directed. 


HeroCrowd will process your donation via the payment method used at the time of donating. No donations will be refunded for any reason, subject to applicable local laws. Occasionally, the Hero who created the Project to which you have donated does not pass identity verification or other necessary checks, or there is some other reason that we cannot transfer the funds to them. If we are unable to transfer the funds to the Project to which you donated, we will return your donation via the payment method from which you made the donation.  If we are unable to return your donation via the payment method you used, your donation will be sent to another Project, subject to the deduction of applicable transaction and payment processing fees.





HeroCrowd does not represent or warrant that your donations or assistance will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding a Hero’s use of any donation you may make through the Mobile Application or its associated Services or websites powered by us or for any misuse or non-use of such donations by a Hero. After donations or assistance requests are made, all further dealings are solely between you and the Hero and the Project you supported.


NOTE: For donations to a Hero, you may receive updates from the Hero to let you know more about their Project. If you would like to stop receiving these updates, you will be able to select this option by unfriending the Hero in myCrowd.


Please note in the case of donations being paid to organisations, the recipient organisations reserve the right to use your donation for their general purposes in accordance with their practices and rules. HeroCrowd shall not be responsible for ensuring that funds are earmarked for a particular appeal. If you want a donation to be used for a specific purpose or for a particular appeal, contact the organisation and make your donation directly to them.


HeroCrowd (or any payments processor or card brand we work with) will verify the identity of a Hero and undertake any other necessary checks before any funds raised are transferred to the Hero. HeroCrowd shall have no liability to donors or assisters whatsoever for any use or misuse of donations or resources made to the Project. The Project Page may state that page owners will use donations only for specific purposes, but HeroCrowd cannot guarantee that they will use them for such purpose. If you have any doubts as to how the money or resources will be spent you should contact the Project Page owner directly to seek reassurance. It is your sole responsibility, as a user of the Mobile Application, to ensure that the cause stated to be supported on a relevant Project Page is one that you wish to support.



When you make a donation, the transaction is final and not disputable unless unauthorised use of your payment card or other payment method is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules. 


HeroCrowd will never email or phone you and ask you to provide all of your payment details.



Assistance to a Project can take the form of volunteering time or donating resources (physical resources, virtual resources or ideas) including contact information of Third Party services which may benefit the Project. These Third Parties have no relationship with the HeroCrowd platform.


Each Assistance request for a Project is sent to the Hero with your Name, E-mail Address, as well as a link to your HeroCrowd profile.  The Hero will then coordinate the Assistance by e-mail correspondence.  You agree that HeroCrowd will not be responsible or liable for any loss, cost, damage, or other liability of any sort incurred as the result of any such dealings, and you hereby irrevocably waive any claims against HeroCrowd arising from or related to the relationship between the Hero/Assistance requestor



You hereby release HeroCrowd, our officers, employees and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other HeroCrowd users, or (ii) your participation in any Assistance activities or activities arising from or related to your use of the Services.



When you register with HeroCrowd, you may choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password to prevent others gaining access to your personal information. If you become aware of any unauthorised use of your account, we recommend that you change your password immediately and email support@herocrowd.org 




HeroCrowd is not an accounting, taxation or financial advisor, and you should not rely on information given on the Mobile Application or its associated services to determine any consequences of making a donation to a Project.



HeroCrowd's Privacy Policy forms part of these Terms. By agreeing to these Terms, you also give your consent to the way we handle your personal information under that Policy. Read our Privacy Policy.



The Mobile Application and its associated services contain links to other websites, including the websites of Projects/beneficiaries. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any direct transactions with other people or organisations are your own responsibility.



HeroCrowd may from time to time select partners offering relevant content, information and services that we believe will enhance the Mobile Application. Whilst we will do our best to select reputable partners of, we are not responsible for any of the information or services offered by them, and if you choose to use their services, you do so at your own risk.



By visiting or using the Mobile Application  or any of its associated services, you agree not to (and not to use any tool, program, script, browser extension or other technique, including bots, robots, spiders and scrapers and any similar tools or methods, in order to): (i) copy (except as authorised by these Terms), mirror, frame, index, scrape, mine or otherwise gather or extract any of the content or data from the Mobile Application or its associated services; or (ii) sell or distribute any data which is gathered or extracted in breach of these Terms, or which is based on or derived from any such data. HeroCrowd may take any measures it sees fit to block access to the Mobile Application and its associated services where it believes that these Terms have been or will be breached. You agree that you will not take any steps to try to circumvent these measures and that you will not take any steps to mask your IP address. You acknowledge and agree that where there is any actual or threatened breach of these Terms, damages may be an inadequate remedy and HeroCrowd shall be entitled, without prejudice to any other rights and remedies it may have, to seek an injunction or any other equitable relief for such breach. HeroCrowd may also request that you destroy any data you have gathered or extracted in breach of these Terms and you agree that you will comply with such request promptly and certify the same.


Inquiries and permission requests may be sent to support@herocrowd.org 



HeroCrowd reserves the right to modify, suspend or discontinue all or any part of the Mobile Application and its associated services at any time with or without notice. All new features, services or software applications shall be subject to these Terms.



In the event that you fail to comply with these Terms, HeroCrowd reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Mobile Application and associated services.



You may discontinue use of the Mobile Application and associated services at any time. These Terms will continue to apply to your past use.



You agree that your use of the Mobile Application and its associated services is on an "as is" and "as available" basis and that your use of the Mobile Application and its associated services is at your sole risk. HeroCrowd does not warrant or guarantee continuous uninterrupted or secure access to our services and operation of the Mobile Application and associated services may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms and except for the rights, guarantees and remedies which cannot be excluded, HeroCrowd does not provide other conditions, guarantees, warranties or terms in relation to the Mobile Application or its associated services, to the extent permissible by law. HeroCrowd shall undertake general maintenance and upkeep of the Mobile Application from time to time. During these periods, the Mobile Application and its associated services may not be available for use. In exceptional circumstances, the Mobile Application and associated services may also become unavailable at other times.


In no event shall HeroCrowd be liable for losses relating to any business of yours or lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time, even if HeroCrowd has been advised of the possibility of such damages. YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.


Nothing in these Terms excludes any statutory rights which may apply to your use of the Mobile Application and associated services which cannot be excluded, restricted or modified by contract.



A person who is not a party to these Terms has no right to enforce any term of these Terms.


These additional terms apply and will prevail where you access the Mobile Application or associated services in anywhere in the world except where expressly indicated otherwise.



When you (i) donate to a charity and certain Community Amateur Sports Clubs ("CASCs") on the Mobile Application or its associated services, (ii) confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme as they apply from time to time and (iii) elect to have HeroCrowd reclaim Gift Aid on behalf of the charity or CASC under the UK government's Gift Aid scheme, HeroCrowd will reclaim Gift Aid.


Every charity or CASC that is a member of HeroCrowd has an agreement with HeroCrowd authorising it to reclaim Gift Aid on its behalf. Charities and CASCs must be registered with the Charity Commission or exempt from registration for HeroCrowd to reclaim Gift Aid on their behalf. HeroCrowd also features certain not-for-profit and other organisations, which are not eligible for Gift Aid reclaim. Such organisations are clearly listed on the Mobile Application as not eligible for Gift Aid reclaim. In addition, donations to HeroCrowd Projects, including those that have a charitable purpose, are not eligible for Gift Aid. Donations to any of these Projects are not tax deductible.


In consideration of using the Mobile Application and associated services, we may accept a voluntary gratuity from the donor.  All Donations are also subject to third party payment processing fees



These Terms and any contractual or non-contractual dispute arising out of or in connection with your use of the Mobile Application or the associated services are governed by English law.


The parties agree to submit all unresolved disputes between them to arbitration administered by the International Centre for Dispute Resolution (“ICDR”) and governed by the ICDR Arbitration Rules (“ICDR Rules”) then in effect, except that either party may seek injunctive relief for infringement of intellectual property rights or other proprietary rights in court. For all arbitrated matters, one (1) arbitrator will be appointed under the ICDR Rules, and the locale of arbitration will be London, England, unless the parties mutually agree to another locale before appointment of the arbitrator.


It is a condition of use of the Mobile Application that fundraising may only be conducted by users over the age of 18.  Persons under the age of 18 may create Project Pages using our Mobile Application only with parental consent and supervision. The supervision requirements are as follows:


Children under the age of 18 using HeroCrowd services or creating a Project Page must do so under the direct supervision of an adult.


If you have any concerns whatsoever about a child's use of our services, please notify us immediately by emailing us at support@herocrowd.org 




If you create a Project Page on the Mobile Application the following terms, in addition to the Terms of Service above, will apply to your dealings with HeroCrowd in relation to the relevant Project Page and your use of the Mobile Application and associated services. To the extent there is any conflict between these additional terms and the core Terms, these additional terms will prevail.


HeroCrowd will:





Support and Donation Acknowledgements


HeroCrowd will respond, either by email, to donors' and Heroes’ enquiries received by HeroCrowd, in accordance with the Support page on the Mobile Application.


Personal Information


HeroCrowd will collect personal information from donors including but not limited to the donor's name, title, address and email address ("Personal Information") at all times in accordance with applicable laws, including the EU General Data Protection Regulation and the UK Data Protection Act 2018 ("Privacy Laws") and protect and secure such information.


Compliance


You and HeroCrowd will comply with all applicable laws.


Intermediary


HeroCrowd may review or exercise editorial control over the content of information on your HeroCrowd Project Page. In the event that HeroCrowd is made aware of or has knowledge of any unlawful activity or information on the Mobile Application or associated services, HeroCrowd shall act to remove or disable access to the information. HeroCrowd shall not be liable to you or the Project beneficiary as a result of its role hosting your Project Page on the Mobile Application.


HeroCrowd Crowdfunding creator obligations


It is HeroCrowd’s policy that all Projects must have a positive social impact. HeroCrowd retains the unrestricted ability to reject or terminate a Project in its sole discretion when HeroCrowd believes the burdens of continuing a Project are not in its best interest.  In rejecting or terminating a Project, HeroCrowd is not passing judgment on the worthiness of the Project or its cause, but rather exercising its prerogative to avoid any controversy that could potentially injure its reputation.


You agree that:




By building a HeroCrowd Crowdfunding page you represent, warrant and undertake to HeroCrowd and the users of the Mobile Application that:


each time you use the Mobile Application or associated services, and in particular when you create a Project Page, you will comply with HeroCrowd’s guidelines that apply to Project Pages at that time (available here);


You will provide share updates via your Project Page on the Mobile Application, including at the end of the fundraising period to explain what outcome has been or will be achieved as a result (including how any funds raised in excess of your target will be used);


you will ensure all donations provided to the Project Page will be used for the purposes set out on your HeroCrowd Crowdfunding page; and


you will ensure no fraudulent, criminal or otherwise improper uses will be made of donations made via your Project  page.


Minimum age


HeroCrowd Crowdfunding is not directed to anyone under 13 years of age. If you are under 13, you are not authorised to use HeroCrowd’s Mobile Application. If you are between 13 and 18 years of age, then you may only set up a Project Page if you have your parent’s or guardian’s approval. Please ensure that your parent or guardian understands that you will be responsible for using the funds in accordance with these Terms.


Licence of Trademark and Copyrighted Material


You hereby grant to HeroCrowd, its affiliates and its partners a non-exclusive licence to use any of your Project Page's trademarks and any copyrighted material on your page (including images and videos or any link to the same) solely in connection with the Mobile Application and associated services and its operation and promotion and for no other purpose whatsoever.


Disclaimer and Limitation of Liability


Notwithstanding the provisions of the "Disclaimer and Limitation of Liability" section of the core Terms, HeroCrowd's total liability to you arising under or in connection with these Terms, so far as such liability arises out of or relates to your creation and/or use of a Project Page, shall be limited to the total fees paid by you to HeroCrowd under these Terms for your use of the Mobile Application and associated services during the preceding 12 month period ending on the date the circumstances giving rise to the liability arose.


In no event shall HeroCrowd be liable for losses relating to any business of yours or lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time, even if HeroCrowd has been advised of the possibility of such damages. YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.


Confidential Information


The parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of the Mobile Application and associated services and which is not in the public domain. No party shall use or disclose to any third party such information belonging to the other party without that party's prior written consent, except where (i) required to do so by applicable law, including, without limitation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, or regulatory or governmental body or (ii) those third parties operating under non-disclosure provisions no less restrictive than those set forth in this agreement and who have a justified business “need to know.”. This paragraph shall survive termination of these Terms. For the avoidance of doubt, Personal Information shall be treated in accordance with Applicable Laws and shall not be considered “confidential information” belonging to a party unless it is the Personal Information of a Hero.


Termination


HeroCrowd reserves the right, at its sole discretion, to immediately and without notice suspend or permanently deny your access to all or part of the Mobile Application and associated services. The obligations contained herein will continue to apply to your past use.


Upon termination or suspension or denial of access to the Mobile Application and associated services, funds already received on your behalf by HeroCrowd will be handled in accordance with the provisions above, provided that any potential payment (where applicable) may be delayed where HeroCrowd conducts an investigation regarding your use of the Mobile Application and associated services and HeroCrowd may decide to refuse to pay funds across to you where you have breached these Terms or your Project Page has been removed. In such circumstances HeroCrowd may authorise a refund of donations to donors