COUNTONME TERMS AND SERVICE CONDITIONS

 

CountOnMe operates www.CountOnMe.fund (the “Website”) and its associated services. These core terms of service (and the relevant country-specific terms) (together with the “Terms of Service”) govern your use of the Website and its associated services. Please read these Terms of Service carefully. If you do not wish to be bound by these Terms of Service, you should not continue to use or access the Website or its associated services.

CountOnMe terms of administration portray what we do for you, the causes, projects, and dreams you support, and what we kindly request of you as a user the same in return.

We work in various nations and these center terms of administration apply in each.  There are some nation particular terms which likewise apply. Important nation particular terms of administration in Australia, United Kingdom or the United States.

Here are the key focuses:

  • Online Giving –we run and keep a crowdfunding platform website that processes donations in the interest of the foundations and other great causes. In exchange for the service, use of the platform and the help we give to the institutions and other great aims we charge up to 5% on the donation for processing fees and operational causes.
  • Data Protection –Your security is foremost to us. Our Privacy Policy demonstrates to you how we secure it.
  • User Conduct– If you create a CountOnMe page or use any of our other services, please keep in mind CountOnMe is for everyone. We’ll evacuate hostile, profane or bigot content on the uncommon events when we discover it – and we may end enrollment subsequently. It would be ideal if you additionally ensure that the substance you transfer to the site, particularly pictures and recordings, does not encroach someone else’s copyright. That is it.

In the event that you need the full, broadened form, here it is:

These Terms of Service may change or be updated from time to time. It remains your responsibility to access and check these Terms of Service wherever you access the Website. The latest version of these Terms of Service will govern any future usage by you of the Website and its associated services. The date on which these Terms of Service were last updated is stated at the end of this document.

About the foundation, causes and associations featured on the Website

The Website and its associated services enable you to give and/or raise funds for any of the causes or projects listed on the Website. Causes could include charities, certain non-charitable good causes referred to on the Website as CountOnMe.Fund and other listed organizations. Every Cause featured has a legally binding agreement with CountOnMe authorizing CountOnMe to collect donations on its behalf. Causes are listed on this Website at the discretion ofCountOnMe; nevertheless, we cannot accept responsibility for the activities of the Causes. Causes or projects must have the appropriate authorization, permit or license to operate as a charity or company, as required by the local laws of the territory in which it operates. Please read the description of them carefully that they are genuine and suitable to receive your donation. Different charities, terms used on CountOnMe platform pages and other organizations can have similar names: it is your responsibility to check that you are donating to the Cause or project you intend to.

Donations

Subject to the requirements of applicable local laws, and what we say below in relation to CountOnMe, once your donation is made, it will only be reimbursed to you with the prior written consent of the Cause or Project to whom it has been donated, regardless of whether or not the donation had been paid to the Cause or Project by on CountOnMe’s platform. Before a donation is refunded, the relevant Cause or Project must agree that CountOnMe, deduct the amount to be refunded from subsequent payments to be made by CountOnMe to the Cause or Project Subject to local applicable laws.

Where no further payments are due to be made to such Cause or Project within thirty (30) days of the refund being made to you, CountOnMe reserves the right to invoice the Cause or Project for the amount of the refund and the Cause or Project must agree to settle that invoice within one (1) month of the date of the invoice.

In relation to CountOnMe platform, CountOnMe will charge your donation to your card account (or other methods of payment available on the Website) at the time of giving. For donations made to CountOnMe, no refunds will be done, subject to applicable local laws. If you do not agree to this you should not use our Website to make donations to the CountOnMe page. Every so often, the individual who created the made the page you have donated to doesn’t pass identity verification or other necessary checks, or there is some other reason that we can’t transfer the funds to them. If this happens to a page you have donated to, we’ll email you to let you know that your donation will be sent to another Cause or Project instead, subject to the deduction of our usual transaction and payment processing fees (as described below). We appreciate that you may prefer to get your money back, so if you request a refund within thirty (30) days of receiving this email, we will refund your donation to your payment method (normally within a few working days).

Use of your donation

CountOnMe does not guarantee that your donations will be used for any particular purpose and shall not be held responsible for not been satisfied regarding the recipient Cause’s or Project utilization of any donation you made through the Website or its associated services or websites powered by us or for any misuse or non-use of such donations by the recipient Cause or Project. After donations are made, all further doings are solely between the donor and such recipient. Please note that for donations done on CountOnMe platform, you may receive updates from the account creator to let you know more about their cause. If you would like to stop receiving these emails, you will be able to select this option in the email footer.

Please note that recipient organizations (excluding CountOnMe) reserve the right to use your donation for their general purposes. They will use your donation for any purpose in accordance with their own rules. CountOnMe cannot ensure that funds will be reserved for a particular appeal. On the off chance that you want your donation to be used for a specific purpose or for a particular appeal you should contact the organization and make your donation directly to them.

CountOnMe will verify the identity of the CountOnMe account creator and undertake any other necessary checks before any funds raised are transferred to the account creator. CountOnMe shall have no obligation to donors whatsoever for any use or misuse of donations made to the CountOnMe page. The CountOnMe page may express that they will use donations only for specific purposes, but CountOnMe cannot guarantee that they will use it for such purpose. If you have any doubts as to how the money will be spent then you should contact the organization directly to seek reassurance. It is your sole responsibility, as a user of the Website, to ensure that the cause stated to be supported on a relevant CountOnMe page is one that you wish to support.

CountOnMe fees

CountOnMe charges a low transaction fee on every donation made on the Website or its associated services. The fee is currently up to 30% of the gross donation should you decide to our full marketing option and/or up to 5% should you decide to use only our digital marketing option. Donations are also subject to third party payment processing fees. For full details please visit www.CountOnMe.fund

Unauthorized donations

When you make a donation the transaction is final and not disputable unless unauthorized use of your payment card or other payment method is proved. If you become aware of fraudulent use of your card, or not he off chance it is lost or stolen, please notify your card provider immediately. Similarly, if you experience any issues of this nature when using another payment method, such as PayPal, you should contact the provider of that payment method for assistance.

Protecting your account

When you enroll with CountOnMe and choose a password to protect your secure account, you are solely responsible for keeping the confidentiality of your password to prevent others from gaining access to your personal information. This includes any taxpayer details you may have saved under your profile in order to claim Donation Aid. Claiming Donation Aid using someone else’s taxpayer information is against the law. If you become aware of any unauthorized use of your account, we recommend that you change your password immediately and call our helpdesk on the telephone number set out on the Contact Us page.

Information

CountOnMe is not an accounting, taxation or financial advisor, and you should not rely on information given on the Website or its associated services to determine the accounting, tax or financial consequences of making a donation to a Cause. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.

Privacy

CountOnMe’s Privacy Policy forms part of these Terms of Service. By agreeing to these Terms of Service you also give your consent to the way we may handle your personal information under that Policy. Read our Privacy Policy.

User conduct

You must at all times use the Website and its associated services in a responsible and legal manner and ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party. In particular, but not exclusively:

  • Do not upload offensive, obscene, racist, defamatory, misleading or deceptive content, including photographs, on to the Website or its associated services. CountOnMe does not actively edit the Website but reserves the right to remove or edit any content posted on the Website or its associated services at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene, racist, defamatory, misleading, deceptive or otherwise inappropriate. If you notice any such content, please email us at help@CountOnMe.fund.
  • When building a fundraising page on CountOnMe, please ensure that any information provided to the public is accurate and not misleading. It is your responsibility to ensure that the content you are uploading on your page (“Content”), in particular, the picture(s), photograph(s) and any video(s) is your original work and/or you have the right and/or license 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. CountOnMe reserves the right to remove any pictures, photographs, videos or copy from personal fundraising or CountOnMe 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 Website, please email us at help@CountOnMe.fund. Please note that by submitting and posting Content to the Website, you grant to CountOnMe 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 CountOnMe or a Cause, or for any other purpose that we deem appropriate.
  • Other than in relation to your own CountOnMe fundraising page, you may not remove or change anything on the Website.

In addition, you as a user must not:

  • misrepresent your identity or affiliation with any other person or organization;
  • use the Website to send junk email or ‘spam’ to people who do not wish to receive an email from you;
  • use the Website to conduct, display or forward surveys, pyramid schemes or chain letters;
  • use the Website to conduct, display or forward raffles, lotteries or contests, unless you have obtained any necessary license or permission and you comply with all applicable laws;
  • 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 CountOnMe systems; or
  • Disclose any information relating to any donor except with the consent of the donor or as permitted by applicable local laws.

CountOnMe reserves the right to cancel your membership and delete any CountOnMe page without notice in the event of a breach of the above rules. CountOnMe may also suspend or delete a CountOnMe page if the relevant charity is no longer receiving donations via CountOnMe.

Building a CountOnMe page in aid of a Cause or project in no way implies CountOnMe’s or the Cause’s endorsement of your fundraising activity. Many Causes disapprove of and do not wish to be involved in, dangerous sports or unusual challenges. It is your responsibility to check with the Cause first that your chosen activity does not contravene the Cause’s policies. CountOnMe reserves the right, at its absolute discretion and without notice, to cancel your personal fundraising page at the request of the Cause, in the event that the Cause, in its absolute discretion, deems your fundraising activity inappropriate or unnecessarily dangerous.

Links

The Website and its associated services contain links to other websites, including the websites of Causes. The inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any transactions with other people or organizations through their websites or otherwise are your own responsibility.

Partner Services

CountOnMe may from time to time select partners offering relevant information and services that we believe will enhance our provision for visitors to the Website. We do our best to select partners of the highest integrity, we are not responsible for any aspect of the information or services offered by them, and if you choose to use their services you do so at your own discretion.

Trademarks

The names CountOnMe and the CountOnMe logo and any other product and service names that we may present on the Website or its associated services from time to time may not be used in connection with any product or service that is not CountOnMe’s, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit CountOnMe. Other trademarks, service marks or logos that appear on the Website or its associated services, in particular (but not exclusively) those of member charities, CountOnMe pages or other organizations, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both CountOnMe and the trademark owner.

Copyright

All content on the Website and its associated services is owned by CountOnMe, our member charities, CountOnMe account creator s or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark or other proprietary notice, and that your use complies with any requests you may receive from any person with rights in that content. No other use of the Website’s and its associated services’ content is permitted without the express prior permission of CountOnMe, and, where applicable, the copyright holder.

By visiting or using the Website 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 authorized by these Terms of Service), mirror, frame, index, scrape, mine or otherwise gather or extract any of the content or data from the Website 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. CountOnMe may take any measures it sees fit to block access to the Website 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 CountOnMe 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. CountOnMe 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 help@CountOnMe.com.

Changes to the service

CountOnMe will make every effort to ensure that the Website and other services are available continuously but reserve the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms of Service. CountOnMe reserves its right to remove inactive fundraising pages from the Website and other services.

Failure to comply with these Terms of Service

In the event that you commit a breach of these Terms of Service CountOnMe reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services.

Termination

You may discontinue use of the Website and associated services at any time. These Terms of Service will continue to apply to past use by you.

Disclaimer and Limitation of Liability

CountOnMe does not, and nothing in these Terms of Service shall act to, exclude or limit CountOnMe’s liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. You agree that your use of the Website and its associated services is on an “as is” and “as available” basis and that your use of the Website and its associated services is at your sole risk. CountOnMe does not guarantee continuous uninterrupted or secure access to our services and operation of the Website 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 of Service and except for the rights, guarantees, and remedies which cannot be excluded, CountOnMe does not provide other conditions, guarantees, warranties or terms in relation to the Website or its associated services, to the extent permissible by law. CountOnMe shall undertake general maintenance and upkeep of the Website, usually at the times set out in the applicable country specific terms, from time to time. During these periods, the Website and its associated services may not be available for use. In exceptional circumstances, the Website and associated services may also become unavailable at other times.

If found liable, CountOnMe shall only be liable under these Terms of Service for losses which are reasonably foreseeable and caused by CountOnMe’s breach of these Terms of Service or CountOnMe’s negligence. CountOnMe’s total liability to you arising under or in connection with these Terms of Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the donations you have made using the Website in the preceding 12 month period, ending on the date the circumstances giving rise to CountOnMe’s liability arose.

Any liability CountOnMe may have to you shall not include losses relating to any business of yours or your own losses such as 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.

CountOnMe may change the format and content of the Website and its associated services from time to time. You should refresh your browser each time you visit the Website to ensure that you are looking at the most up to date version of the Website, including the latest version of these Terms of Service.

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

Governing law

These Terms of Service and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by the law, and subject to the jurisdiction of the courts of, the country set out in the country-specific terms.

The local CountOnMe entity and the company who provides the service to you in the United States is Outsourcing Services LLC 274 Barbara Drive, Bexar San Antonio, Texas 78216.

In fundraising campaigns for certain Causes on the CountOnMe website, donations are made through Outsourcing Services LLC, a U.S. 501(c)(3) tax-exempt organization that operates a donor-advised fund to process donations and make grants to other U.S. 501(c)(3) tax-exempt public charities pursuant to donor advisements. When you make a donation to support these Causes, you are making a complete and final charitable donation to CountOnMe, with a recommendation that the funds be re-granted to the Cause specified on the campaign page, and you will receive a donation receipt from Outsourcing Services LLC for your donor-advised contribution. It is CountOnMe normal practice to re-grant approximately 92% of the donation per advisement to any qualifying Cause and to retain 5% for platform costs and operational expenses, plus credit card processing costs. CountOnMe makes payments to Causes about 15 days after the end of each month. CountOnMe makes every effort to comply with donor recommendations and to re-grant the funds to the donor’s designated Cause. However, to comply with federal tax laws and regulations, CountOnMe is required to retain legal control over any charitable contribution it receives. In rare instances,CountOnMe may determine that it would be inappropriate or improper to disburse the funds designated for a Cause because, for example, the Cause is no longer recognized as a public charity, or is no longer in good standing with state or federal regulations, in which case, CountOnMe may, in its sole discretion, disburse the donation to another charity (as determined by CountOnMe).

No Solicitation or Endorsement

The listing or display of a Cause on the Website does not constitute a solicitation of donations; CountOnMe does not engage in any solicitation activities on behalf of, or endorse, any of the Causes appearing on the Website, nor does it consult on the solicitation of contributions, on behalf of any individual, entity, or organization.

Unless otherwise specifically indicated, CountOnMe does not endorse and has no affiliation with any of the Causes. In regard to any information or content that may be included to describe the Cause, CountOnMe has not independently verified any of the information or content provided, and the sole and complete responsibility to assess, review and verify the suitability of any Cause you want to support through your donation rests entirely with you.

Intellectual Property Complaints

CountOnMe respects the intellectual property rights of others and requires those that visit the Website do the same. If you believe that your work has been used on the Platform in any manner that constitutes infringement, please notify us at legal@CountOnMe.com. The notice should include the following information:

  • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
  • A description of the work you claim has been infringed, including a copy of the work or the web page address where the work may be found;
  • Identification of the location on the Website of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
  • Your name, address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the owner, the agent of the owner or the law; and
  • A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the owner of the material allegedly infringed or authorized to act on the owner’s behalf.

Limitation on Damages

WITHOUT PREJUDICE TO THE GENERAL LIMITATIONS ABOVE, UNDER NO CIRCUMSTANCES SHALL COUNTONME (AND ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AND AGENTS) BE LIABLE FOR (i) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY OF THE SERVICES, OR (ii) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COUNTONME OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE WEBSITE, OR (iii) ANY ACTION TAKEN IN CONNECTION WITH, OR RELATED TO, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, OR (IV) DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER ACTION. BY USING AND ACCESSING THE WEBSITE, YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.

No Class Action

YOU AND COUNTONME AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR COUNTONME WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR COUNTONME ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND COUNTONME FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, COUNTONME, AND ALL PARTIES TO ANY SUCH PROCEEDING.

These Terms of Service and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by and shall be construed in accordance with, the laws of the State of Texas, without giving effect to its conflicts of laws provisions.

ADDITIONAL TERMS FOR COUNTONME ACCOUNT CREATOR S

If you create a CountOnMe page on the Website the following additional terms will apply to your dealings with CountOnMe in relation to the relevant CountOnMe page and your use of the Website and associated services. To the extent there is any conflict between these additional terms and the core Terms of Service, these additional terms will prevail.

Donations and bank Trust Funds Accounts

CountOnMe will:

  • Maintain Trust Funds Accounts at Bank of America in Texas in relation to donations made to the CountOnMe page
  • These are bank accounts in which monies (other than the interest accruing on such monies) are held on trust for CountOnMe account creator s and other Causes and do not belong to CountOnMe;
  • Operate the Website so that donors can make online donations by credit or debit card, or by another payment method available on the Website, through your CountOnMe page;
  • Set up arrangements to ensure that all donations received by CountOnMe (after deduction of payment processing charges, CountOnMe’s transaction fees as set out below and applicable sales taxes) are:
    • Paid into the Trust Funds Accounts and are held on trust for your CountOnMe; and
    • Paid out from the Trust Funds Accounts by bank transfer to your bank account, or by any other payment method that you have selected via the Website (for example, payment to a PayPal account that you have connected to your CountOnMe page. Such payments will normally be made no later than 10 business days after the end of the funding period for the CountOnMe page, provided that you have passed identity verification and other necessary checks. If you do not pass these checks by the end of the funding period, CountOnMe will normally notify you of this and give you a further period of time (usually five (5) months) to pass the checks. Towards the end of this period, you will receive a final reminder by email letting you know that you have seven (7) days left to pass. If you take no action or still do not pass by the end of these 7 days, CountOnMe shall apply the donations made to your CountOnMe page to another Cause instead (or refund the donors if they prefer); and
  • Provide information systems design, testing and verification standards and requirements in accordance with good industry practice to ensure that donors’ credit cards, debit cards, and other payment types are debited and the Trust Funds Account is credited in a secure manner.

Support and Donation Acknowledgements

CountOnMe will:

  • Send prompt email acknowledgments to donors in respect of each donation made to the CountOnMe  page via the Website; and
  • Respond, either by email or live chat as appropriate, on your behalf to donors’ account inquiries received by CountOnMe, in accordance with the Contact Us page on the Website.

Personal Information

CountOnMe will:

  • Capture personal information including but not limited to the donor’s name, title, address and email address (“Personal Information”) at all times in accordance with the Data Protection Act 1998 and related legislation, regulatory requirements and guidance as updated and amended from time to time, all to the extent applicable (“Privacy Laws”) and protect and secure such information. For the avoidance of doubt this paragraph does not imply that CountOnMe will share such information with you and/or the CountOnMe page;
  • Not sell, trade or rent Personal Information to third parties.

Compliance

  • CountOnMe will comply at all times with all applicable laws relevant to fund-raising and any authority, license, permit or registration requirements, as amended from time to time; and
  • CountOnMe may, at its sole discretion, evaluate your CountOnMe page and/or the underlying project or cause and decide whether or not to host it on the Website.

Intermediary

CountOnMe, as operator of the Website and associated services, acts as an intermediary between you and the individual users of the Website and associated services and, whilst your and/or the CountOnMe page and the individual user information resides on the Website or associated services, CountOnMe does not check or exercise any editorial control over the content of such information, save as required by applicable laws. In the event that CountOnMe is made aware of or has knowledge of any unlawful activity or information on the Website or associated services, CountOnMe shall act to remove or disable access to the information. CountOnMe shall not be liable to you or the CountOnMe page as a result of its role as intermediary.

CountOnMe creator obligations

You agree that:

  • Where applicable, you shall ensure that any person or organization for which you have created a CountOnMe page agrees to you raising funding on its behalf for the purposes set out on your CountOnMe page;
  • If your use of the Website and/or associated services results in access to any Personal Information you shall: (i) at all times assist with the responsibilities of CountOnMe, as a data controller responsible for determining how the Personal Information is processed under the provisions of the Privacy Laws; (ii) not do, or cause or permit to be done, anything which may result in a breach by CountOnMe of the Privacy Laws and comply with all reasonable instructions from CountOnMe relating to the processing by you and/or the CountOnMe page of such Personal Information; (iii) comply with the Privacy Laws in respect of your and/or the CountOnMe page’s collection, use, disclosure or processing of the Personal Information; (iv) abide by the lawful instructions of all data subjects in respect of the Personal Information and not do anything to compromise the security of such information; (v) not sell, trade or rent Personal Information to third parties; (vi) hold the Personal Information securely and not disclose it to anyone other than CountOnMe, as agreed to by the data subject and/or as permitted by Privacy Laws; (vii) implement adequate security, technical and organizational measures against all unauthorized, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with Privacy Laws, and abide by CountOnMe’s reasonable requirements to ensure the security of the Personal Information as notified to you from time to time; (viii) use Personal Information appropriately and only for the specific purposes as notified to you from time to time, including by way of the applicable privacy policy available on CountOnMe’s Website; (ix) only communicate with donors where they have agreed to receive further communications from you and/or the CountOnMe page, and only to the extent that they have indicated their preference to do so (for example in relation to communications for a specific fundraising event only); (x) not retain any Personal Information for longer than is necessary; and (xi) to the extent legally permissible, you shall indemnify and hold harmless CountOnMe, its successors and assigns, from and against all losses, costs and other damage caused by your and/or the CountOnMe  page’s breach of this paragraph; and
  • You shall maintain any necessary authority, permit, license, consent, approval and registration for you to fundraise (and, where applicable, for CountOnMe to fundraise on your behalf) in accordance with applicable laws and if CountOnMe needs any such authority, permit, license, consent, approval or registration for it to fundraise on behalf of the CountOnMe page then you will, at no cost to CountOnMe, provide all such assistance as CountOnMe reasonably requires to assist CountOnMe with the same. You agree that you shall inform CountOnMe immediately if, for any reason, you and/or the CountOnMe page cease(s) to maintain the necessary authority, permit, license, consent, approval and/or registration to operate the fundraising activities in relation to the CountOnMe page in accordance with applicable local laws.
  • By building a CountOnMe  page you represent, warrant and undertake to CountOnMe and the users of the Website that:
    • each time you use the Website or associated services, and in particular when you create a CountOnMe page, you will comply with CountOnMe’s guidelines that apply to CountOnMe  pages at that time (currently available here);
    • you will provide feedback via your CountOnMe  page on the Website, 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); all donations provided to the CountOnMe  page will be used for the purposes set out on your CountOnMe  page; and
    • no fraudulent, criminal or otherwise improper uses will be made of donations made via your CountOnMe page.

Minimum age

CountOnMe is not directed to anyone less than 13 years of age. If you are under 13, you are not authorized to use CountOnMe. If you are between 13 and the age of majority in the country where you live (usually 18 years of age), then you may only set up a CountOnMe page if you have your parent’s or guardian’s approval. Please, therefore, make sure that your parent or guardian is happy before you set up a page and that they understand that you will be responsible for using the funds in accordance with these Terms of Service.

The license of Trademark and Copyrighted Material

You hereby grant to CountOnMe, its affiliates and its partners a non-exclusive license to use any of your CountOnMe  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 Website and associated services and its operation and promotion and for no other purpose whatsoever.

The license shall terminate automatically on expiry or termination of these Terms of Service or the removal of your CountOnMe page from the Website in accordance with these Terms of Service.

Fees

In consideration of using the Website and associated services, you shall pay a transaction fee to CountOnMe of up to 30% for our full marketing option and/or up to 5% should you decide to use only our digital marketing option of the gross amount of every donation.

CountOnMe is, subject to applicable laws, hereby authorized to deduct the transaction fee together with applicable taxes and payment processing charges from the donations provided to you under these Terms of Service.

Disclaimer and Limitation of Liability

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

Confidential Information

During the funding period of your CountOnMe page and for a period of seven (7) years thereafter, the parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of the Website 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 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. This paragraph shall survive termination of these Terms of Service.

Termination

CountOnMe reserves the right, at its sole discretion, to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services, including for example by removing any CountOnMe page from the Website. CountOnMe will only exercise this right where there is a breach or suspected breach by you of these Terms of Service (including where there is any actual or suspected fraudulent, criminal or improper use of the Website or associated services) or where CountOnMe has any other legitimate reason to do so. These Terms of Service shall terminate automatically upon the removal by you or CountOnMe of your CountOnMe page from the Website. These Terms of Service will continue to apply to past use by you.

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