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These general Terms and Conditions of use (hereinafter referred to as "the T&Cs") govern the relationship between:
ConnectAID, the International Solidarity Network is a Swiss NGO based in the Canton of Geneva, within the meaning of Articles 60 et seq. of the Swiss Civil Code (“CC”), with about 50 volunteer members from all around the world. ConnectAID, as a simplified joint stock company owning the platform it created, is registered in the Annemasse Trade and Companies Register under number 848 898 185 and accredited by ORIAS as an intermediary in participatory financing (IFP), with a capital of €5,000. 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 websites accessible at: https://ConnectAID.com and http://www.connectaid.network
Hereinafter referred to individually or collectively as "The Partner" or "The Partners".
ConnectAID operates an Internet platform dedicated to humanitarian action, sustainable development and social impact, which is accessible at https://ConnectAID.com, and whose purpose is to enable Members to provide long term and sustainable support to nonprofit organizations whose work benefits disadvantaged populations. ConnectAID achieves this by creating a social network of international solidarity which presents various humanitarian actions and brings together projects and project leaders from around the world. This platform gives registered Members access to:
- Live updates and information on development projects;
- Possible alerts related to humanitarian emergencies;
- Career or volunteer opportunities,
- Information and services which can facilitate on-the-ground support actions for selected development projects.
ConnectAID is registered as an intermediary in participatory financing (IFP) at ORIAS under number 19003145 and offers in particular the possibility for Partners to obtain financing for some of their projects through crowdfunding.
The Terms and Conditions are referred to hereafter as "the T&Cs" or "the Contract”.
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 T&C’s can be complemented by future additional conditions or contractual agreements. The Personal Data Protection Policy which is annexed to these T&Cs and 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 Partners during the evolution of the platform on the Site's communication spaces, whatever their nature and form (including text, image, video, etc.).
"Members" herein refers the users of the website, who form the heart of the International Solidarity Network, which is accessible at https://ConnectAID.com, as well as the services offered online by this website.
“Donors" are Members who have reached the age of legal majority in their country of residence and who make a one-time donation or undertake to make monthly donations through directly through the nonprofits PSP link available on the site.
The "Payment Institution" or "PSP " is the payment service provider company approved by the ACPR (French Prudential Supervision and Resolution Authority) mandated by the Nonprofit Partner for financial transactions related to donations. ConnectAID reserves the right to select its partners and their PSPs.
"Partner Organizations" or “Nonprofit Partner” are the Non-governmental Organizations (NGOs), International Organizations, Associations, Foundations and other Nonprofit’s structures which have passed the due diligence process and are officially partners of ConnectAID, with its platform accessible at https://ConnectAID.com.
“Partners" are the legal entities that enter into a contract with ConnectAID, in accordance with their objectives, statutory or main activities, for the purpose of advertising their mission, activities, specific projects or events, the financing of one or more projects, the collection of direct donations and/or other public information on the platform.
The "International Solidarity Network" is the platform accessible at https://ConnectAID.com which allows ConnectAID’s Partners to present ongoing projects, to communicate the evolution of said projects and to inform their audience of project related developments. The platform also allows Partners to coordinate between humanitarian actors on concrete actions, to propose, in partnership with ConnectAID, other services such as Solidarity or Monitoring Trips, to collect donations for this purpose, to sponsor the social network as operated ConnectAID, as well as to allow Members to support the projects or missions of a Partner where desired. Within the framework of the International Solidarity Network, ConnectAID and its technical and financial associates provide Partners with services which enable them to communicate on the Network as well as services that help to finance projects on the Network which are related to one or more of the 17 Sustainable Development Goals, as set by the international community.
Article 1 - Registration
1.1 Conditions for acquiring Partner status
Partners can apply via the platform if they are an NGO, International Organization, Foundation or Nonprofit Association whose current projects focus directly on humanitarian aid or development aid in relation to at least one of the 17 Sustainable Development Goals as defined by the international community.
As required by most payment institution, Beneficiary Organizations and Associations must be legally registered and have a payment account located in one of the countries authorized by the PSP. The list of these authorized countries is not held or mandated by ConnectAID but can be found on the PSP’s website. Said list can also be found on the registration condition form for potential Partners.
ConnectAID’s Partners are subject to ethical considerations and specific selection criteria set out in the online registration form. The activity and public positions of ConnectAID Partners must not conflict with the values of the International Solidarity Network (see due diligence form).
The acquisition of Partner status is subject to ConnectAID's review of the nature of the applicants’ projects and, where applicable, its organization and operations. Partner companies wishing to publicly sponsor a project or a nonprofit on the platform undertake to make a donation of the minimum amount as communicated by ConnectAID.
Specific agreements may be signed with ConnectAID to support the International Solidarity Network provided that they meet the conditions specified in the provisions of this article.
Similarly, Sponsor Enterprises and travel professionals (such as tour operators and travel agencies), may acquire the status of Partner so long as their activities do not conflict with the values of solidarity, and showcase respect for human dignity as supported by ConnectAID.
Only journalists accredited by ConnectAID can acquire the status of Partner, in order to propose a monitoring of humanitarian and SDG related news.
To become a Partner, the user must have read these T&Cs and the attached Personal Data Protection Policy and have unreservedly accepted them.
1.2 Registration procedure and creation of a Partner account
ConnectAID will not receive funds in any circumstances from political organizations or from accounts sheltered by non-cooperative tax havens or regulations.
ConnectAID has the right to refuse, at any time, a Partner of any nature whatsoever in the event of suspected fraud or failure to respect the values supported by the International Solidarity Network.
ConnectAID reserve the right to request any additional documents or information from the Partner, to enable them to carry out appropriate verifications and ensure compliance with all relevant legal obligations, including those relating to the fight against money laundering.
The Partner undertakes to regularly update all the information concerning him/her. Each Partner may modify his/her information at any time by logging into his or her account and by contacting ConnectAID.
ConnectAID is entitled to suspend the account of a Partner who registers in violation of this contract, in particular, if he/she provides false, inaccurate, outdated or incomplete data or if ConnectAID is informed of a final action of misconduct which is found to be incompatible with the philosophy of the project implemented under the platform.
The Partner confirms that he/she has read these T&Cs and the Personal Data Protection Policy and agrees to comply with them.
1.3 Registration procedure and creation of a corporate Partner account
ConnectAID reserves the right to accept any partnership, subject to certain bilateral conditions.
1.4 Partner Account, Project Page and Login
The Partner undertakes to create only one account and never to use a third-party's account, name or username.
When registering as a Partner Recipient of donations, the partner organization can create its NGO page, to be validated by ConnectAID for partnership. During the registration procedure, the prospective Partner communicates, in addition to its name, its legal form and exact address, an email address, the surname and first name of the main user authorized by the legal representative (information called "Login") as well as a password of its choice. The prospective Partner can register on the platform under the same conditions as a Member and can also become a Donor (if desired). Its representative will thus also have to validate the T&Cs relating to Members.
When registering as a Nonprofit Partner with a project, the Partner Organization must choose a title for its project page, which must refer to its concrete actions carried out in the field, without using the name of the Partner Organization itself. The Partner can chose to create its "independant project" page following the recommendations provided by the platform, or delegate this action to ConnectAID. The Partner who does not use the optional communication services offered by ConnectAID is required to communicate in all the languages provided on the site. ConnectAID reserves the right to refuse to accept and/or edit certain content.
The photographs provided by the Partner on its project page and posts must not:
- Damage the image or reputation of a natural or legal person.
- Infringe the right to image and intellectual property, as well as the right to privacy of a physical person.
- Represent any form of nudity.
- Represent any logo or brand outside the spaces provided for the Partner Organization’s logo. ConnectAID reserves the right to accept or reject the use of a logo and to set conditions for its use.
- Disseminate any text of any kind or provocative opinions about any institution, party, political or trade union movement, religious groups or any other community and/or more generally, any content with the purpose or effect of creating unrest within political or trade union institutions, a religious group or any other community.
As part of the registration process, the Partner may receive, at the email address provided, a message with a hyperlink to a webpage allowing them to activate their account. The Site's features reserved for Partners 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 Partner are confidential. The Partner undertakes never to 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 Partner undertakes to inform ConnectAID immediately of any unauthorized use of his/her account.
1.5 Conditions of access to the Site - Adequate computer tools
The Partner acknowledges that it has the necessary skills and resources to access and use the Site. To this end, the Partner acknowledges that it has verified that the configuration of the tool it has at its disposal to access the Site is adequate and that it is in good working order.
Article 2 - Fundraising
2.1 Selection of donors
The Partner Organization agrees to receive funding from any individual member of the platform. Organizations may nevertheless refuse a donation from a company that wishes to add its logo to their project page.
2.2 Conditions for the creation of a Donor account
Subject to an appropriate technical configuration of their computer or mobile device to make online donations, Partners 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.
2.3 Confidentiality of the donation
The Donor acknowledges and accepts that as soon as his/her donation is pledged, ConnectAID communicates to the Partner Organization information on his/her identity and donation pledge amount.
2.4 Categories of donations
Donations can be one-time or monthly. In the case of a monthly donation, the Donor provides all banking information allowing the monthly withdrawal of a specific amount from his/her user account linked to their PSP which is mandated to carry out financial transactions.
2.5 Irrevocability of a one-time donation - Non-revocation and revocation of a monthly donation commitment
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 donations are 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, take effect immediately. Therefore, no refund of a one-time online donation to a Partner Organization can be made.
A Member's commitment to make a monthly donation to a nonprofit can be revoked at any time. The nonprofit Partner undertakes to make sure that the monthly donation is stopped the month following the request. On the other hand, donations made until the levy is stopped are irrevocable.
2.6 Project Monitoring
By the 31st of January each year, at the latest, the Nonprofit Partner shall submit to ConnectAID a report which summarizes the outcomes which occurred as a result of the financial support received through the platform. This report can be included in the organization's annual report.
2.7 Allocation of donated funds
The donations 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.
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 Tax treatment of donations
The Nonprofit Partner acknowledges that after the finalization of the payment of a donation pledged on the platform, it must automatically send a certificate of payment to the donor who wishes to share his/her contact details.
Donations, up to a maximum amount determined by the Nonprofit Partners, are eligible for a tax reduction whose tax regime depends on the legislation in force in the Donor's country of residence as well as that of the Beneficiary NGO. Information on the countries of residence in which Donors can be tax-exempt is available on each project page.
The Partner who has declared himself/herself 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, 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 pursuant to art. 501(c)3.) undertakes to send directly to the Donor a Tax Receipt either on paper, sent by post to the address provided by the Donor, or on digital media, sent to the email address provided by the Donor as an option.
The Nonprofit Partner undertakes to provide personalized tax deduction receipts in the countries where it is authorised to do so (unless otherwise validated by ConnectAID). Each Nonprofit Partner must provide a list outlining in which countries it is able to benefit from tax deductions.
The Partner Organization is fully responsible for sending its tax receipts to the Donor, and for any formality relating to the tax treatment of donations. ConnectAID shall in no event be liable for any failure by an organization to send a tax receipt. In the event of a complaint, ConnectAID will put the Donor in direct contact with the recipient Organization.
2.9 Financial Conditions
The Nonprofit Partner undertakes to obtain the right to create a nonprofit and project pages or to delegate this action to ConnectAID, in order to be able to receive direct funding. The Nonprofit Partner also agrees to pay ConnectAID a fixed registration fee in advance for the opening of each account, as well as a fixed monthly or annual fee related to the selected service(s), according to the pricing schedule in force on the day the contract is signed.
Article 3 - Communication and Spaces
3.1 Communication on projects
The Partner Organization undertakes to mobilize its networks, to invite its contacts by email and via its Newsletter to use the ConnectAID Platform and to regularly share the link to the ConnectAID Platform on its social networks in order to optimize chances of receiving maximum funding. The Partner Organization also undertakes to create a space on its website for the ConnectAID logo with an easily accessible link on its website, which can be accessed at https://ConnectAID.com.
The Partner undertakes to create and maintain its project page on the platform, in the languages used by the website, or to delegate this action to ConnectAID through its multilingual communication services as an option.
The Nonprofit Partner undertakes to post information on the progress of each project, i.e. a few lines of text, visuals such as photos and/or YouTube videos in the languages used by the platform, at least twice a month. The Partner may delegate this action to ConnectAID, which offers this service as an option.
3.2 Prohibited content
The Partners undertake, in the context of the use of the Site, not to post Content that is illegal or infringes public order or the rights of ConnectAID or third-parties.
Without this list being exhaustive, the Partner undertakes, in the context of its use of the Site, to respect the following rules:
- To use the Site fairly, in accordance with its purpose;
- Not to use a false identity to deceive others;
- To respect the intellectual property rights relating to the Content provided by ConnectAID and users of the Site, 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 (including 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 for interrupting and/or slowing, by any means whatsoever, the normal flow of communications between the Partners;
- Not to use the Site to send unsolicited bulk messages (advertising or other);
- 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, 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 an NGO or company, except for Distributor’s employees who may use their logo or acronym or that of a sponsoring company;
- Not to use the Site to disseminate provocative opinions about an institution, party, political or trade union movement, religious group or any other community or, more generally, with the purpose or effect of creating unrest within political institutions, trade unions, a religious group 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 a natural or legal person;
- Not to publish any Content related to an uncommitted project;
- Not to promote other projects;
- Not to promote your organization in general;
- Not to communicate on a search for funding that is not related to their projects approved by ConnectAID.
The Partner 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.
The exchange spaces are moderated by posteriori with the aim of peaceful use and allowing constructive exchanges between Partners and Members. The acquisition of Partner status implies 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 the moderator considers not to be in accordance with the spirit of exchange and user-friendliness of the platform.
The moderator makes every effort 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 Partners is immediately put online without prior control by the moderator, ConnectAID cannot guarantee its legality or quality.
3.4 ConnectAID's responsibility as host
The Content is published under the sole responsibility of the Partners. 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.
In accordance with the June 2004 Act No. 2004-575 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 and locating said Content or actions on the pages of the Site; however, this is to be exercised 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.
3.6 Suspension - Termination
In the event of a Partner's failure to comply with one or more of the rules provided for in Article 3.2 or in the following cases:
- In the event of non-compliance with the Partners' general conditions;
- In the case of blocking of the Payment Account by its mandated PSP;
- In the event of inaccurate, outdated or incomplete identification data, in particular in the event of a reminder that has no effect or changed behaviour;
- 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 operation of the Site;
- 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 4 - Confidentiality and personal data
The Partners acknowledge and accept the Personal Data Protection Policy, which is incorporated into these T&Cs.
Article 5 - Intellectual property
ConnectAID is the owner of all software, technical, graphic, textual and other elements of the Site, subject only to the Content provided by the Partners themselves and the Content provided by the Partners. In particular, the Site is made available to users and Partners through software created by the initiative of ConnectAID, which it produces, publishes and discloses under its discretion. ConnectAID also owns the databases used in the operation of the Site.
Acceptance of these T&Cs constitutes recognition by the Partner of ConnectAID's intellectual property rights listed in the previous paragraph and an undertaking to respect them.
5.1 Site License Agreement
ConnectAID grants the Partner a non-exclusive, personal and non-transferable license to use the Site in accordance with the purpose of the Site (hereinafter referred to as "the License").
Any reuse of data extracted from the Site that occurs but has not been explicitlyor priorly authorized by ConnectAID is strictly prohibited.
5.2 License to use Content and information put online by Partners
In accordance with the purpose of the Site and in order for it to be used to achieve that purpose, each Partner grants ConnectAID, free of charge, various rights to the Content it has published on the Site (posts, photos and videos), in whole or in part, to use as it wishes in the context of its missions.
The License grants the following rights:
- The Right of Reproduction: the right to reproduce all or part of the Contents without limitation of number 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., to integrate all or part of it into or into existing or future works, in all media mentioned below for the purposes in particular of respecting the graphic charter of the Site and/or making it compatible with its technical performance or relevant formats, with a view to its insertion and/or publication via the Site;
- The Right to Translate: the right to translation 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, light-client, heavy-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 Partner agrees that the Content and information it publishes may be posted on the Site and accessible to Members and third-parties, in accordance with its choices under the privacy preferences. Consequently, each Partner authorizes other Members and Site users to consult the non-confidential information (available) on their profile.
The authorizations described in the preceding paragraphs and, more generally, the license to use the Content and information published by the Partners, are valid worldwide and for the duration of the legal protection of copyright. The Partner, which 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 whose interest it is to have said rights preserved is invited to notify ConnectAID of this infringement by sending an email to the following email address: email@example.com
Article 6 - Duration and Termination
6.1 Duration of contractual relations
The Contract is concluded for an indefinite period of time as from the acceptance by the Partner of these T&Cs.
6.2 Termination of the contract by ConnectAID
6.2.1 Termination for misconduct
ConnectAID may automatically suspend access to the Site and the Service without delay in the event of non-compliance with these T&Cs by the Partner, particularly Articles 2, 3 and 4. In this case, ConnectAID will notify the Partner of this suspension by email, and give notice to the Partner to stop the violation. At the end of a thirty (30) day period from the original notification, during which there has been no changed behaviour, 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 Partner as part of its registration or services.
In general, ConnectAID reserves the right to terminate the Agreement or suspend the account of a Partner whose presence on the platform would be likely to harm it and/or damage its reputation. This is the case, for example, of a final conviction by one of the leaders of the Partner Organization or for acts committed which are found to be contrary to the fundamental principles defended by ConnectAID.
188.8.131.52 No-fault termination - Notice
ConnectAID also reserves the right to terminate the Agreement with a Partner, particularly in the event of a change in its project. In such a case, ConnectAID shall give thirty (30) days' notice from the date of sending an email to the Partner.
6.3 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 Partner's option, be deleted or returned, in a standard format, under the conditions defined by the Personal Data Protection Policy.
Article 7 - Liability
7.1 Partner's responsibility
It is the Partner's responsibility to take all appropriate measures to protect its own data, computer systems and/or software from contamination by possible viruses.
It is the responsibility of the Partner Organization to provide Donors, who so wish, with tax receipts that may allow them a tax deduction depending on their country of residence and applicable tax regime. The Partner Organization undertakes to send a tax receipt for all donations from a Donor on the Platform.
The Partner Organization will have access to the Donor's personal information if the Donor has agreed to provide it for a tax receipt. The Partner undertakes not to use the Donor's personal information for direct canvassing, fundraising outside ConnectAID, advertising and background research.
The use of any information, messages or data of any kind available through the Service is the sole responsibility of the Partner, and the decisions or actions that it may take or information it may take into consideration shall not extend liability to any other person and/or entity other than the Partner itself.
The Partner is solely responsible for the use he/she makes of the Site and its functionalities, in particular from his/her account and profile. He/She is responsible for all data and information concerning him/her that he/she has put online as well as for any content that he/she has provided, 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 addressed to anyone by email, or that which he/she has stored on his/her personal space within the Site. The Partner acknowledges that ConnectAID does not exercise a priori control over such Content and data and that it has no general obligation to monitor Partner data and Content stored and distributed via the Site.
The Partner 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 Partner in connection with the use of the Service, as well as for any breach by the Partner of this Agreement.
The Partner agrees to comply with any measures implemented by ConnectAID in accordance with applicable law.
7.2 ConnectAID's responsibility
ConnectAID undertakes to provide a service which is in accordance with these T&Cs.
ConnectAID shall in no event be liable for any inaccuracy in the data, or information provided by Members and Partners or, in general, by the various users of the Site, neither for any errors or omissions in the Content, or for any damage resulting from the use of any Content provided by a Member or Partner, displayed or transmitted by email or otherwise, 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 change its Content and/or presentation. In addition, ConnectAID may temporarily or permanently interrupt access to the site and service, in particular in the event of termination by it of the activity in question, 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 errors or inaccuracies.
ConnectAID is not responsible for the content of third-party websites referred to by hypertext links on the Site.
To the fullest extent permitted by law and to the extent that ConnectAID is 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 8 - Agreement on proof
The Partner and ConnectAID agree that the data extracted from ConnectAID's computer systems and files shall be binding as 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, unless manifest error.
Article 9 - Employment, volunteer and internship opportunities
ConnectAID connects people interested in participating in volunteer activities and responding to job offers and/or internships posted by Nonprofit Partners. However, ConnectAID cannot be associated in any way with the relationships that may be established between Partners and Members through the Site.
Article 10 - Solidarity travel and Field Reporters
ConnectAID reserves the right to offer its partners various services in order to allow nonprofits to increase their impact. Partners are free not to accept these optional services.
ConnectAID allows, on a case-by-case basis and under certain conditions, the establishment of contacts between Partners or sponsoring companies and Members wishing to visit the field and visit the projects of Nonprofit Partners who have given their prior agreement. The person going into the field 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 back to ConnectAID on his/her experience.
The Nonprofit Partner undertakes to meet with the traveller or field reporter and facilitate his/her collection of information on the ground.
ConnectAID, whose role is limited to providing Partners 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 Partners and Partner Organizations through it.
Article 11 - Rules to combat fraud and money laundering and terrorist financing
Each Partner acknowledges that in the event of suspected fraud, ConnectAID may request additional information and documents from the Partner, as well as from the legal representatives of Partner Organizations and sponsors.
In accordance with the provisions of French law relating to the participation of financial institutions in the fight against money laundering and terrorist financing, the mandated PSP are required to obtain information from any User for any operation or business relationship relating to the origin, purpose and destination of funds. He/She must also perform all necessary due diligence and/or obtain all documents necessary to identify the Holder of the Payment Account and, where applicable, the beneficial owner.
Pursuant to the said regulations, the mandated PSP and Nonprofit Partner must implement Strong Donor and Beneficiary Identification for donations, which is notified as soon as the threshold set by the applicable regulations is exceeded when payment services have been used. In the context of fraud monitoring, prevention and detection activities, the PSP may receive personal data concerning the Donor and the Organizations holding a Payment Account from its business partners, financial service providers, identity verification services and publicly available sources (e.g. name, address, telephone number, and country of residence), in order to enable them to confirm the identity of the Donor and the Beneficiary Organization and to thus prevent fraud. These fraud monitoring, prevention and detection services may use technologies to assess the risk associated with a transaction request made from their website or the application of a PSP User collecting the information.
The Nonprofit Partner undertakes to do everything in its power to carry out a thorough examination of any payment transaction, to inform it of any exceptional transactions in relation to the transactions usually recorded hereunder and to provide it with any required documents or information.
The Nonprofit Partner must have in place due diligence and monitoring measures to combat money laundering and terrorist financing.
No action or civil liability may be brought or professional sanction imposed against ConnectAID, its Manager, officers or employees who report suspicions to their national authority in good faith.
Article 12 - 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 put online and accepted by the Members and Partners when registering.
When ConnectAID modifies the T&Cs, it sends an email to the Partners notifying them of the change before the modified T&Cs are posted online.
Any Partner so informed shall have the right to accept or reject the proposed modifications. If said Partner refuses the modifications, the parties shall approach each other to amicably determine the new terms of their partnership.
The Partners acknowledge and accept that the silence maintained following receipt of this email constitutes acceptance of the amendment to the Agreement.
Article 13 - Severability of clauses
The fact that one of the clauses of the T&Cs is, in whole or in part, null, unlawful, null and void or inapplicable for any reason whatsoever shall not affect the validity or effectiveness of the other clauses of the Contract.
Article 14 - Assignment of the contract
The Partner 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 Partner with an equivalent service.
In such a case, the transferee is substituted for ConnectAID and the transferee is released from all its obligations towards the Partner as from the date of the transfer, which the Partner expressly accepts and acknowledges.
Article 15 - Applicable law - allocation of jurisdiction
The Contract is governed by French law. In the event of difficulties of interpretation, the French language version of these T&Cs prevails over any other version in another language. Subject to the public policy provisions applicable in matters of jurisdiction, the courts within the jurisdiction of ConnectAID's headquarters 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 the consequences resulting from this.