TERMS & CONDITIONS FOR MEMBERS

 

General T&C on the Use of ConnectAID's platform (Individual Members)

 

These general Terms and Conditions of use (hereinafter referred to as "the T&Cs") govern the relationship between:

ConnectAID, a simplified joint stock company with a capital of €5,000, registered in the Annecy Trade and Companies Register under number 848 898 185 and accredited by ORIAS as an intermediary in participatory financing (IFP). The company’s registered office is located at Cité de la Solidarité Internationale, 13 avenue Emile Zola, Étoile Annemasse–Geneva, 74100 Annemasse, France, and from this location operates the website accessible at: https://ConnectAID.com

Hereinafter referred to as "ConnectAID",

AND

The Registered Users of the website accessible at https://ConnectAID.com, and of the services which are offered online by this website,

Hereinafter referred to individually or collectively as "The Member" or "The Members",

 

Preamble

ConnectAID operates an Internet platform dedicated to humanitarian, sustainable development and social impact, which is accessible at https://ConnectAID.com, and whose purpose is to enable Members to provide sustainable support to nonprofit organizations whose work benefits disadvantaged populations. This platform gives registered Members access to:
- Live updates and information on development projects;
- News;
- Possible alerts related to humanitarian emergencies;
- Career or volunteer opportunities,
- Information and services which can facilitate support actions for selected development projects.

Hereinafter referred to as “The Site”.

In accordance with the T&Cs provided in Article 1 below, the Member acknowledges that he/she meets the conditions for membership as defined in Article 1.1 below, that he/she has read these T&Cs validated by the VIRTUALEGIS AARPI Office, lawyers and associates, and agrees to comply with them without reservation. The Terms and Conditions are referred to hereafter as "the T&Cs" or "the Contract”.

The T&C’s can be complemented by specific conditions or additional contractual agreements, which may become part of this Agreement. The Personal Data Protection Policy, annexed to these T&Cs and to which the Member undertakes to respect in the same way as the provisions outlined by the T&Cs, is also incorporated into the Contract. These T&Cs, as well as documents relating to the protection of personal data and related services, are hereinafter referred to, together or separately, as "the Contractual Documents".

"Content" herein refers to the elements published by Members during the evolution of the platform on the Site's communication spaces, whatever their nature and form (including text, image, video, etc.).

Registered Members who have reached the age of legal majority in their country of residence may wish to contribute financially to one or more projects listed on the Site. After providing additional information, Members making a donation above a threshold determined by ConnectAID acquire the status of Donor (hereinafter referred to as "Donors"). All Donors are also Members and thereby accept, at the time of registration, these T&Cs.

Herein, “Payment Service Provider" or "PSP" is the company, approved by the ACPR (Autorité de Contrôle Prudentiel et de Résolution), that has been mandated by ConnectAID for financial transfers relating to donations.

Partner Organizations" or "Beneficiary Organizations" are the Non-Governmental Organizations (NGOs), International Organizations, associations, foundations and other non-profit structures that are partners of the platform accessible at https://ConnectAID.com and that hold a payment account through the platform and its PSP in order to receive donations.

Hereinafter, “Partners" are considered the legal entities that enter into a contract with ConnectAID, in accordance with their main activity, for the purpose of using the platform to advertise their mission, activities, specific projects or events, the financing of one or more projects, and the collection of donations and/or public information.

The "International Solidarity Network" is the platform accessible at https://ConnectAID.com which allows ConnectAID Partners to present ongoing development projects, to communicate the evolution of these projects, and to inform their audience. The platform further allows Partners to coordinate between humanitarian actors on concrete actions, to offer, in partnership with ConnectAID, other services such as solidarity trips, to collect donations, to sponsor the social network initiated by ConnectAID; and to allow Members to support projects or Partners’ missions. Within the framework of the International Solidarity Network, ConnectAID, along with its technical and financial partners, provide Partner Organizations with services that enable communication on the network and help finance projects related to one or more of the 17 Sustainable Development Goals (SDGs) as set by the international community.

 

Article 1 - Registration

1.1 Conditions for acquiring membership

To become a Member, the user must be at least 16 years old. Members shall retain their membership as long as they retain their capacity to abide by the conditions of the Contract. In addition, the acquisition of Membership status is subject to the absence of any prohibition to use the Site in the Member’s country of residence.

Given the nature and purpose of the Site, the Member undertakes to use the Site only for non-professional and, in any case, for nonprofit activities. This condition is essential and decisive for the conclusion and performance of this Agreement.

To become a Member, the user must have read these T&Cs and the attached Personal Data Protection Policy and must have unreservedly accepted them.

The Member will not be charged any fees at the time of registration.

1.2 Registration procedure and creation of a Member account

In order to be able to use all the site’s features, the Member must first complete the registration form. The Member guarantees to ConnectAID that he/she has provided accurate, complete and up-to-date information about himself/herself. In particular, the Member undertakes to provide a valid and functional email address.

The Member undertakes to regularly update all his/her personal information. Each Member may at any time make changes to his/her personal information by identifying himself/herself on his/her account.

ConnectAID is entitled to suspend the account of a Member who registered in violation of this contract, in particular if he/she has not reached the required age of registration or if he/she provides false, inaccurate, outdated or incomplete data or if ConnectAID is informed of any action deemed as misconduct or incompatible with the International Solidarity Network’s philosophy, as implemented under the platform.

When registering on the Site, the Member confirms that he/she has read these T&Cs as well as the Personal Data Protection Policy and agrees to comply with them at all times.

1.3 Member account and identifiers

The Member undertakes to create only one account. The Member further agrees never to use the account, name or username of a third party.
During the registration process, the Member communicates, in addition to his/her email address, his/her last name, first name, country of residence, and date of birth (information also referred to as "Login") as well as a chosen password. The Member can also register as a representative (e.g. employee) of a potential sponsoring company or a nonprofit by providing the same information as other Members, as well as the name and Internet address of the organization to which he/she belongs.

When registering, the Member may also choose a preferred language, a username and provide a profile picture.

Those Members who wish to remain anonymous on the platform, in particular as a donor linked to a project, can therefore be identified by third parties through their chosen username and not by his/her first and last name. If the Member does not choose any username or nickname, his/her first and last name will, by default, be used as his/her username under his/her profile.

Any profile photograph provided by the Member must not:
- Represent any form of nudity.
- Be a photograph of a third party.
- Represent the logo or trademark of an organization for which it is not the legal representative as a donor company or to which it does not belong, knowing that ConnectAID reserves the right to accept or decline the use of a logo and to set conditions for its use.
- Disseminate provocative opinions about an institution, party, political or trade union movement or religious community or any other community or, more generally, with the purpose of creating unrest within political, trade union or religious communities or any other community.

As part of the registration process, the Member may receive, at the email address provided, an email with a hyperlink to a web page allowing him/her to activate his/her account. The Site's functionalities reserved for Members will only be accessible to the user once he/she has activated his/her account in this way.

The Login and password chosen by the Member are confidential. The Member undertakes to never disclose his/her identifier to a third party. He/She is solely responsible for the confidentiality of these identifiers as well as for the use that could be made of his/her account by a third party who has logged into his/her account with or without authorization. ConnectAID shall in no event be liable for any loss or damage resulting from a breach of this confidentiality obligation.

The Member undertakes to inform ConnectAID immediately of any unauthorized use of his/her account.

ConnectAID reserves the right to deactivate the Member's account after a period of total inactivity of three (3) years or more. In the event of deactivation, the Member will have the possibility to reactivate his/her account within thirty (30) days of the suspension. A Member's account may not be deactivated if the Member is known, moreover, to be an active Donor, in particular in the event of a commitment by the Donor to a regular donation.

In the event of the Member's death, and upon production of a death notice, the account is deactivated. Its content may only be transmitted to the rightful claimants by a court decision.

1.4 Conditions of access to the Site - adequate computer tools

The Member acknowledges that he/she has the necessary skills and resources to access and use the Site. To this end, the Member acknowledges having verified that the configuration of the tool at his/her disposal to access the Site is adequate and that it is in good working conditions.

Article 2 - Donations

2.1 Conditions for acquiring and maintaining donor status

To become a Donor, the Member must have reached the age of legal majority in his/her country of residence. He/She shall retain the membership as long as he/she retains his/her capacity to abide by the conditions of the Contract.

2.2 Conditions for the creation of a Donor account

Subject to an adequate technical configuration of their computer or mobile device to make online donations, Members may create a Donor account by providing, at the time of the first donation, additional information, namely data relating to their payment methods, which they undertake to keep up-to-date throughout the duration of the contractual relationship.

A user who is not registered as a Member may create a Donor account by providing all the information necessary to create such an account. In this case, he/she acquires at the same time the status of Member and Donor.

Members and users who are not registered as Members provide, when creating and maintaining the Donor account, accurate data corresponding to their civil status and situation.

2.3 Confidentiality of donations

A donor can choose on his/her private space, known as "User account", to enter or not his/her personal address. The Member chooses, using the confidentiality settings, to transmit or not to transmit his/her personal information (surname, first name, email address and address) to the Partner organization(s) receiving his/her donation(s). If he or she objects to the transmission of his or her personal information, the nonprofit will not be able to contact them. The Member agrees, in this case, not to receive a tax receipt from the organization receiving its donations.

If the Donor has not opted for a specific confidentiality option by clicking on "No", in response to the question "I wish to share my personal information with the nonprofit receiving my donations", the Donor acknowledges and accepts that when his/her donation is made, ConnectAID communicates to the Partner Organization information relating to his/her identity and contact details, in order to enable it to issue a tax receipt.

Following a donation, the username (nickname chosen or by default the last name and first name) and profile photo of the contributor will appear on the page of the project receiving the donation. This same project will also be associated with the Member's profile in order to be able to follow its evolution on his/her Newsfeed. The amount of the donation will not be publicly disclosed.

2.4. Categories of donations

Donations can be one-time or monthly. In the case of a monthly donation, the Donor shall, in particular, provide all the bank information allowing the monthly withdrawal of a specified amount from his/her user account linked to the payment institute (PSP) mandated to carry out financial transactions.

2.5 Irrevocability of the one-time donation - no retraction

The Donor may not revoke an unconditional one-time cash donation. The online donation to a nonprofit organization giving entitlement to a tax reduction constitutes a manual donation in cash which cannot be qualified as a contract of sale or a contract for the provision of services (within the meaning of Article L121-17 of the French Consumer Code; consequently, online manual donation is outside the scope of Article L121-21 of the Consumer Code and cannot give rise to the exercise of the right of withdrawal). In addition, online donations are effectively instant, and thus, are in effect immediately. Therefore, no refund of a one-time online donation to a Partner Organization can be made.

2.6 Revocation of monthly donation commitments

Monthly donations which allow organizations to carry out their projects long term, are open-ended and are revocable. The commitment to make a monthly donation to a project can, therefore, be revoked at any time on the Member's user account. The automatic donations will be stopped the month following the initial request to cancel recurring donations. However, donations made until the levy is stopped are irrevocable.

2.7 Allocation of donated funds

The funds collected are allocated to Partner Organizations recognised as being of general interest, such as non-governmental organizations (NGOs), international organizations, associations, foundations or federations, which are able to issue tax receipts (in Europe and/or the United States), to demonstrate that they have already implemented their projects and organizations which meet specific selection criteria. ConnectAID reviews the projects and legal documents of each applicant organization to validate the partnership. ConnectAID's partner payment institution (PSP) can also participate in the screening of Beneficiary Organizations.

The funds collected via the platform are forwarded to the Partner Organization with priority allocation to the project chosen by the Donor. However, ConnectAID is under no obligation and cannot offer any guarantee on the exact use of donations by its Partners. The Partner Organization is responsible for the use of funds within the framework of the mandate given by ConnectAID and the Donors. In exceptional cases, the Partner Organization may inform ConnectAID by email, and after approval from ConnectAID, may also inform Donors via the Newsfeed of the need to modify planned activities due to unforeseen events or other difficulties, in order to improve the effectiveness of project interventions.

Whatever the circumstances, neither the country nor the purpose relating to the Sustainable Development Goals (SDGs) of the chosen project can be modified by the Partner Organization.

2.8 Possible cap on donations

In the event of a risk of fraud or an exceeded cap, the Partner Organization, the mandated PSP or ConnectAID may, at any time, activate caps or obstacles to online transactions and request specific information from the Donor, such as a photocopy of their identity card or other information as requested by the PSP.

2.9 Tax treatment of donations

After the payment has been finalized, a payment certificate is automatically sent by email, which the Donor can find at any time in his/her personal space, under the "My contributions" tab of his/her user profile.

Donations made to nonprofit partners, equal or superior to a cap set by ConnectAID and Partner Organizations, can be eligible for tax deduction. However, the tax process depends on the legislation in force in the Donor's country of residence as well as that of the beneficiary nonprofit. Information on the countries of residence in which Donors can be tax-exempt is available on each project page.

Nonprofits which have declared themselves authorized to issue tax receipts in one or more countries (for example in France, on the basis of Articles 200, 238 bis and 978 of the General Tax Code, and in Switzerland according to Article 79, p. 1, letter f, LF 1976 and Art. 60 ff of the Swiss Civil Code or in the United States: Art. 501(c)3.), must send a tax receipt directly to the Donor either on paper, sent by post to the address provided by the Donor, or digitally, sent by email to the email address provided by the Donor.

The Partner Organization is fully responsible for sending relevant tax receipts to the Donor, usually at the end of the year. It can do that only if the Member has ticked the box before processing the donation to authorize sharing his/her personal information (name, address, email address) with the Beneficiary Organization. ConnectAID shall in no event be liable for any failure of a nonprofit organization to send a tax receipt. In the event of a complaint, ConnectAID can put the Donor in direct contact with the beneficiary Organization.

2.10 Expenses

All donations made through the platform go directly to the PSP account created for each Partner Organization, without going through ConnectAID. When the Partner Organization withdraws all or part of the donations, a commission and PSP transfer fees are applicable and deducted from the total amount of funds collected.

The funds' balance is then transferred to the Beneficiary Organization on its bank account. The Beneficiary Partner Organization must be the legal account holder and must provide bank details.

The Partner Organization is fully responsible for the use of Donor’s and Sponsor’s funds; his/her use must be in accordance with the mandate signed with ConnectAID.

Article 3 - Individualized fundraising

A Member may raise funds with its own contacts for the benefit of a project of its choice. All funds raised will go into the Beneficiary Organization’s account for the implementation of its project. Under no circumstances will the Member have access to the amounts collected.

Article 4 –Communication spaces

4.1 Information sharing

ConnectAID offers, on the Site, communication spaces, classified according to various headings. As the platform evolves, Members may post information and, more generally, content online to exchange with their contacts within the framework of these areas, in strict compliance with these T&Cs.

In the event that ConnectAID is informed that illegal content is being posted on the Site, ConnectAID may delete it without prior notification to the Member that posted the content.

4.2 Prohibited content

Members are prohibited, in the context of the Site’s use, to post Content that is illegal or infringes public order or the values of ConnectAID as well as the rights of third parties.

Without this list being exhaustive, the Member undertakes, in the context of his/her use of the Site, to respect the following rules:
- To use the Site fairly, in accordance with its purpose;
- Not to use any false identity;
- To respect the intellectual property rights relating to the Content provided by ConnectAID and users, as well as the intellectual property rights of third parties, and in particular not to reproduce without authorization a work or contribution protected by intellectual property rights (trademarks, copyrights and related rights);
- Not to disseminate content that is defamatory, abusive, obscene, offensive, violent or inciting to violence, that is racist or xenophobic, promoting unconstitutional organizations or displaying the insignia of such organizations or ideas contrary to the Universal Declaration of Human Rights developed on the 10th of December 1948. Nor to disseminate Content that showcases or promotes violence, is pornographic, sexist, harmful to minors, linked to transactions relating to narcotics, encourages or promotes the consumption of narcotics, encourages the commission of criminal offences, the practice of gambling, causes insult or defamation and in general any content that would be contrary to the laws and regulations in force or to morality;
- Not to do anything that could have the effect of preventing, limiting or disrupting the use of the Site, including by using automated processes such as robots or , by any means whatsoever, interrupting and/or slowing downthe normal communication flow between Members;
- Not to use the Site to send unsolicited bulk messages (advertising or other forms);
- To refrain from participating directly or indirectly in the establishment or development of a network aimed at implementing practices similar to Multi-Level Marketing (MLM), the recruitment of Members, affiliates or Independent Home Sellers (IHSI), for the purpose of setting up such a network or other similar practices;
- Not to use the Site to distribute Content promoting business practices not approved by ConnectAID, nor, in general, any Content that is in the nature of advertising to promote any products or services, or any Content that contains a hypertext link to a commercial site;
- Not to use the Site to broadcast live fundraising Content, including self-promotion and advertising;
- Not to use the Site to distribute Content promoting other projects that are not represented on the platform;
- Not to use the Site to distribute Content containing a logo or acronym of a nonprofit or company, with the exception of ConnectAID’s staff who may use their logo or that of a sponsoring company;
- Not to use the Site to disseminate provocative opinions about an institution, party, political or trade union movement or religious community or any other community and, more generally, with the purpose or effect of creating unrest within political institutions, trade unions or a religious community or any other community;
- Not to publish any Content that infringes the right to an individual's image or right to privacy;
- Not to publish any Content that could damage the image or reputation of a brand or of a natural or legal person.

The Member undertakes, in general, to comply with the following rules:
- Contributions must respect the courtesy necessary for the smooth running of exchanges;
- Contributions must use correct and understandable language;
- Contributions must not be of a repetitive nature.

4.3 Moderation

The spaces for public exchange are moderated by posteriori with the aim of supporting peaceful use and allowing constructive exchanges between Members. The acquisition of Member status entails the recognition of the possibility for the moderator to control the Content and to be able to hide or delete it at any time.

In particular, the moderator may delete at his or her discretion any Content that is contrary to the provisions of Article 4.2. above, or that which the moderator considers not to be in accordance with the spirit of exchange and user-friendliness of the platform.

The moderator makes his/her best efforts to prevent Content that is contrary to laws and regulations and/or contrary to public order and morality from appearing on the platform. However, since Content published by Members is immediately put online without prior control by the moderator, ConnectAID cannot guarantee its legality or quality.

4.4 ConnectAID's responsibility as a host

The Content is published under the Members ‘s sole responsibility. ConnectAID cannot under any circumstances be held responsible for these contributions and the consequences of their distribution.

ConnectAID freely decides whether or not to delete Content, assessing whether or not it is contrary to these T&Cs.

4.5 Reports

In accordance with the 21st June 2004 Act No. 2004-575 of on digital economy trust, ConnectAID, in its capacity as a host of content put online by users, provides them with a visible and easily accessible means of reporting illegal content.

Members may thus report conduct or Content published on the Site that is clearly contrary to the rules set out above, by describing them and locating them on the pages of the Site, however, without abusing this right of reporting. Said reporting can be done by sending an email detailing the actions deemed as misconduct to the following email address: contact@ConnectAID.org.

4.6 Suspension - Termination

In the event of a Member's breach of one or more of the rules provided for in Article 4.2, or in the following cases:
- In the event of non-compliance with the T&C;
- In the event of having its payment account blocked by the mandated PSP;
- In the event of inaccurate, outdated or incomplete identification data, in particular in the event of a reminder that sees no changed action;
- In the event of a risk of fraud, money laundering or terrorist financing or a risk that could affect the security of the payment account or the Site’s operation;
- In the event of the mandated PSP receiving a significant number of requests for reimbursement, cancellation of orders or contestation for unauthorized orders;
- When Content has been reported by Internet users.

ConnectAID reserves the right to unilaterally suspend and/or terminate the Agreement, temporarily or permanently, without any consideration.

Article 5 - Confidentiality and personal data

Members should review the Personal Data Protection Policy to be fully informed about how ConnectAID processes personal data collected directly and indirectly.

Article 6 - Intellectual property

ConnectAID is the owner of all software, technical, graphic, textual and other elements of the Site, with the partial exception of the Content provided by the Members themselves and by the Partners. In particular, the Site is made available to users and Members using software created through the initiative of ConnectAID, which edits, publishes and discloses it under its management. ConnectAID also owns the databases used in the operation of the Site.

The acceptance of these T&Cs constitutes recognition by the Member of ConnectAID's intellectual property rights listed in the previous paragraph and an agreement to respect them.

6.1 Site license agreement

ConnectAID grants to the Member a non-exclusive, personal and non-transferable license to use of the Site, exclusively for non-professional or nonprofit use, in accordance with the site’s purpose (hereinafter referred to as "the License").
Any professional reuse of data extracted from the Site is strictly prohibited without the explicit prior consent of ConnectAID.

6.2 License to use Content and information posted by Members

In accordance with the general purpose of the Site and in order for it to be operated in a manner which achieves that purpose, each Member grants ConnectAID, free of charge, various rights related to the Content He/She has published on the Site, in whole or in part, to use and exploit it as it wishes in the course of its missions.

The rights granted in license are constituted by the following rights:
- The right of reproduction: the right to reproduce all or part of the Contents without limitation on all known or unknown media;
- The right of representation: the right to communicate to the public all or part of the Content, directly or indirectly, by any known or unknown means, in any form, to any category of the public, in such a way that everyone can access it from a place and at a time individually chosen by them;
- The right of adaptation: the right to modify all or part of the Content, to interface it with any software, database, etc., and to integrate all or part of it into currently existing or future work. To apply this in all media mentioned below, particularly for the purposes of respecting the graphic charter of the Site and/or making it compatible with its technical performance or relevant formats, as well as with access to the space of insertion and/or publication on the Site;
- The right to translate the Contents into different languages and to reproduce these translations;
- The right of use: the right to use and exploit the Content for the purpose of carrying out all forms of processing, for any reason whatsoever.

All the aforementioned rights are exploited on all media or communication media, of any nature, known or unknown, and in particular the direct or indirect dissemination by any electronic means of telecommunication or electronic communication, satellite or cable, intranet and internet networks, fixed or mobile telephone networks, any client-server, thick/thin client data cloud and physical media of any nature: paper, electronic, magnetic, optical, disk, server, floppy disk, DVD, CDV, CDI, CD Rom, CD Worm, PDA, computers, smartphones and digital tablets.

Each Member agrees that the Content and information he/she publishes may be posted on the Site and accessible to other Members and third parties, in accordance with its choices under the privacy preferences. Therefore, each Member allows other Members to access non-confidential information on his/her profile.
The authorizations described in the preceding paragraphs and, more generally, the license to use the Content and information published by Members are valid for the world and for the duration of the legal protection of copyright. The Member, who nevertheless retains ownership, grants ConnectAID a non-exclusive, transferable, sub-licensable and free license to use such Content for this purpose.

In the event that there is a clear infringement of intellectual property rights on the Site, the person with an interest in having his/her right preserved is invited to notify ConnectAID of this infringement by sending an email to the following email address: contact@connectaid.org

Article 7 - Duration and Termination

7.1 Duration of contractual relations

The Contract is entered into for an indefinite period of time from the moment the Member accepts these T&Cs.

Each Member is eligible to register as a Donor, also for an indefinite period.

7.2 Termination of the contract by ConnectAID

7.2.1 Termination for misconduct

ConnectAID may automatically suspend access to the Site and to the Service in the event of a Member’s non-compliance with these T&Cs, particularly Article 2, 3 and 4. ConnectAID then notifies the Member of this suspension by email, and will also notify the Member to stop the identified violation. At the end of a period of seven (7) days from the initial notification, and when no changes in the Members’ actions occur, ConnectAID may terminate the Contract automatically, without formality, and without prejudice to any damages intended to compensate for the damage resulting from the breaches. This termination is not likely to give rise to any refund of sums already paid by the Member as part of donations.

In general, ConnectAID reserves the right to terminate the Agreement or suspend the account of a Member whose presence on the platform would likely harm and/or damage its reputation. This is the case, for example, when a User’s activity, (known by other Members) on the platform violates the fundamental principles defended by ConnectAID.

7.2.2 No-fault termination - Notice

ConnectAID also reserves the right to terminate the Agreement, particularly in the event of a change in its project. In such a case, ConnectAID shall give a thirty (30) days' notice from the date of sending an email to the Member.

7.3 Termination of the contract - Unsubscription by the Member

The Member may unsubscribe from the Site at any time by following the procedure provided for this purpose and described hereafter: there is an "Unsubscribe" tab available in the Member's user profile. After clicking on said tab, an email will be sent to the Member who will have to confirm his/her unsubscription by clicking on the hypertext link, in order to verify his/her identity.

Within twenty-four (24) hours following this unsubscription, which entails termination of the Contract, the Member's profile is deleted and he/she no longer has access to the functionalities to which only the Members have access to.

It should be noted that a certain period of time, which may not be less than fifteen (15) days from the deletion of the account, is required for the Member's profile to no longer appear in search engines.

7.4 Data output

In the event of termination of the Agreement, the personal data processed by ConnectAID in the course of operating the Site shall, at the Member's discretion, be deleted or returned, in a standard format, under the conditions defined by the Personal Data Protection Policy.

Article 8 - Liability

8.1 Liability of the Member

It is the Member's responsibility to take all appropriate measures to protect his/her own data, computer systems and/or software from contamination by possible viruses.

The use of any information, messages or data of any kind available through the Service is the sole responsibility of the Member, and the decisions or actions that the Member may take or take into consideration for such information shall not engage any liability other than that of the Member. In particular, the Member is solely responsible for his or her decision to subscribe to the monthly donations as suggested by ConnectAID.

The Member is solely responsible for his/her use of the Site and its functionalities, in particular from his/her account and profile. He/She is responsible for all data and information concerning themselves, that which he/she has put online as well as for any content that he/she has provided. This responsibility holds regardless of whether this data or Content is accessible and/or transmitted to the public via one of the communication or exchange areas of the Site or is addressed to anyone by email, or data that he/she has stored on his/her personal space within the Site.

The Member acknowledges that ConnectAID does not exercise a priori control over such Content and data and that it has no general obligation to monitor the data and Content of Members stored and distributed via the Site.

The Member is solely liable to ConnectAID and, where applicable, to any third party, for any damage, direct or indirect, of any nature whatsoever, caused by information or any other Content communicated, transmitted or broadcast by the Member in connection with the use of the Service, as well as for any breach by the Member of this Agreement.

The Member agrees to comply with any measures implemented by ConnectAID in accordance with applicable law.

8.2 ConnectAID's responsibility

ConnectAID undertakes to provide its services in accordance with these T&Cs.

ConnectAID does not verify the accuracy of the information provided by the Member(s) and Partner(s) and accepts no responsibility for the inaccuracy, inadequacy or illegality of such information.

ConnectAID shall in no event be liable for the lack of accuracy or veracity of any data or information provided by Members or Partner Organizations or, in general, by the various users of the Site; nor for any errors or omissions that the Content may contain, for any damage resulting from the use of any Content provided by a Member, which is posted or transmitted by email or in any other manner, via the Site.

Due to the particular nature of the Internet network, access to the site may be interrupted or restricted at any time by a cause unrelated to ConnectAID; in this case, ConnectAID cannot be held liable.

ConnectAID shall also not be held liable in the event of interruption of access to the site due to maintenance operations, updates or technical improvements, or to any changes in its content and/or presentation. In addition, ConnectAID may temporarily or permanently interrupt access to the Site and Services, particularly in the event of intentional termination of the Site and Services, or in the event of judicial or amicable liquidation of the company; in the latter cases, this contract shall be terminated automatically.

ConnectAID has the right, at any time and without notice, to change any information on the Site as part of updating it or correcting any errors or inaccuracies.

ConnectAID is not responsible for the content of third-party websites, which are accessible via hypertext links.

To the fullest extent permitted by law and to the extent that ConnectAID would be found liable for any damages not provided for above, ConnectAID's liability shall be limited to certain, actual and established damages.

To the fullest extent permitted by law, ConnectAID shall not be liable for any indirect damages, loss of profit or damage resulting from loss of data or business interruption caused by the use or inability to use the Site.

Article 9 - Agreement on proof

The Member and ConnectAID agree, by mutual agreement, that the data extracted from ConnectAID's computer systems and files shall constitute evidence between them .

Consequently, the computer files and registers stored within the computer systems operated by ConnectAID or on its behalf, under reasonable conditions of security and reliability, may be validly used and produced as proof of the performance of the Contract, and more generally of any event relating to the conclusion, performance or termination of the Contract.

ConnectAID may validly produce in any proceedings, for the purpose of proving any act, fact or omission, the data, files, programs, recordings or other elements received, issued or stored by means of the aforementioned computer systems, on any digital or analogical media, and rely on them, except in the case of an obvious error.

Article 10 - Employment, volunteer and internship opportunities

ConnectAID connects people interested in participating in volunteer activities and responding to job offers/internships posted by nonprofit Partners on the site. However, ConnectAID cannot be associated in any way with the relationships that may be established between Members and Partner Organizations through the Site.

Article 11 - Solidarity trips

ConnectAID allows, on a case-by-case basis and under certain conditions, the establishment of contacts between Members or sponsoring companies wishing to travel to the field and visit the project(s) of Partner Organizations that have given their consent. The person travelling will do so at his/her own expense or at the expense of his/her organization. He/She undertakes in advance to raise funds through the platform for the benefit of the project he/she supports, and to report to ConnectAID on his/her visit.

ConnectAID, whose role is limited to providing Members with a contact tool, cannot be held responsible or associated in any way with the realization of this trip or with the relationships that may be established between Members and Partner Organizations through it.

Article 12 -Rules regarding Anti-money laundering, fraud and combating the financing of terrorism

Each Member acknowledges that in the event of suspected fraud, ConnectAID or the authorised PSP may request additional information and documents relating to their identity, as well as information from the legal representatives of Partner Organizations and sponsors.

When applying the provision of French law relating to the participation of financial institutions in the anti-money laundering and combating the financing of terrorism, the PSP mandated by ConnectAID must obtain information from any User for any transaction or business relationship relating to the origin, purpose and destination of funds. In addition, it must make all the audit necessary to the identification of the User and, depending on the case, the Beneficiary Organization.

In accordance with said regulations, the PSP and ConnectAID implement Strong Authentication for Donors and Beneficiary Organizations which is effective as soon as the threshold set by the applicable regulations is exceeded when Members use payment services. When the PSP conducts fraud monitoring, prevention and detection activities, it may also receive Personal Data about the Donor and Beneficiary Organizations from its business partners, financial service providers, identity verification services, and publicly available sources (e.g., name, address, phone number, country), where necessary to confirm the Donors and Beneficiary Organization’s representatives’ identities and prevent fraud. The PSP’s fraud monitoring, detection and prevention services may use technology that helps them assess the risk associated with an attempted transaction that is enabled on their website or the application that collects information.

To implement Strong Customer Authentication, the Donor or beneficiary Organization must provide ConnectAID with all requested documents. ConnectAID undertakes to do its utmost to enable the PSP to carry out a thorough examination of any Payment Transaction, to inform it of any exceptional transactions in relation to the transactions as recorded hereunder, and to provide it with any required documents or information.

The Partner Organization undertakes to do its utmost to enable ConnectAID to carry out a thorough examination of any payment transaction, to inform it of any exceptional transactions in relation to the transactions as recorded hereunder and to provide it with any required documents or information.

The Partner Organization acknowledges that the PSP or ConnectAID has put in place vigilance and monitoring measures to combat money laundering and terrorist financing.

The Member and Partner Organization acknowledge that the PSP or ConnectAID may terminate or suspend at any time the use of a Login and the execution of a donation, in the absence of sufficient information on the identification of the Donor and/or the Beneficiary of the donations as declared by the nature of the project at the time the partnership was signed, etc. The User is informed that a transaction executed under these rules may be subject to the exercise of the right to communicate to the national financial intelligence unit.

The Member can, in accordance with the legislation, access all the information communicated, in relation to the Claimaint, on the condition that such right of access does not challenge the purpose of anti-money laundering and combating the financing of terrorism.

No pursuit and no action of tort can be brought or professional sanction taken against the PSP or ConnectAID, its managers or employees who have reported their suspicions in good faith to the national authority.

Article 13 - Amendments to the T&Cs

These T&Cs may be amended by ConnectAID at any time. The amended T&Cs will come into force as soon as they are published online.

In the case that ConnectAID modifies the T&Cs, an email will be sent to Members notifying them of the change before the modified T&Cs are posted online. Any Member so informed has the right to accept or reject the proposed changes by maintaining his or her activated account or by unsubscribing.

Unsubscription entails automatic termination of the Agreement. The unsubscription also results, if necessary, in the revocation of the commitment to make a monthly donation to finance a Partner's project.

Members acknowledge and accept that silence maintained following receipt of this email is deemed to be acceptance of the amendment to the Contract.

Article 14 - Severability of clauses

In case one of the T&C’s clauses is considered, in whole or in part, to be null, void, unlawful or unenforceable for any reason whatsoever, this shall not affect the validity or effectiveness of the other clauses of the Contract.

Article 15 - Assignment of the contract

The Member expressly agrees in advance that ConnectAID may assign, transfer or contribute in any form whatsoever all or part of the rights and obligations arising from this Agreement to any legal entity likely to provide the Member with an equivalent service.

In such a case, the assignee is substituted for ConnectAID and ConnectAID is released from all its obligations towards the Member as from the date of the assignment, which the Member expressly accepts and acknowledges.

Article 16 - Applicable law and attribution of jurisdiction

The Contract is governed by French law. In the event of difficulties of interpretation, the original version of the T&Cs in French language will prevail over any other version in another language. Subject to the public policy provisions applicable in matters of jurisdiction, it is the courts within the jurisdiction of ConnectAID's headquarters that shall have exclusive jurisdiction to hear any dispute relating to the Contract, including, without this list being exhaustive, any dispute relating to its validity, interpretation, execution and/or termination as well as their consequences.

 

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