Terms relating to Charities and Non-Profit Organisations. These Terms govern the use by an Organisation of the Services.

1. General

1.1 Definitions

2. Acceptance and Modification of the Platform Documents

2.1 Acceptance of the Platform Documents
1. By creating or accessing an Account, you accept and agree to become bound by the Platform Documents.
2. If there is any inconsistency between these Terms and any other Platform Document, these Terms will prevail unless any such other Platform Document expressly provides that such other Platform Document shall prevail over these Terms.
3. If you do not agree to all the Platform Documents, then you may not create or access an Account or any part of the Platform, and you should immediately discontinue your activities on the Platform should you, at any time in the future, not accept such Platform Documents.
4. Our acceptance of your registration and your use of the Platform is expressly conditioned upon your assent to all the Platform Documents.

2.2 Modification of Platform Documents
1. We reserve the right, at our sole discretion, to modify, or replace any Platform Document at any time.
2. We will give you written notice of any changes to any Platform Document. 
3. Any changes to the Platform Documents shall become immediately valid, effective and applicable to you on the same date on which you receive notice from us of such changes, such that the previous version of the Platform Documents shall be superseded and replaced accordingly.
4. You shall be responsible for reviewing and becoming familiar with the then-current Platform Documents, from time to time, to ensure that you agree with them. 
5. Where you disagree with any changes to any Platform Document, you shall be entitled to cease and terminate your activities on the Platform upon you receiving notice of such changes. Your continued use of the Platform shall, however, be considered as a clear affirmative acceptance of the amended Platform Documents. 

3. Services

3.1 Description of Services
1. TMU shall provide to the Organisation the technological infrastructure for the purposes of facilitating the creation and management of a Campaign by the Organisation. As part of its Services, TMU allows the Organisation to post Campaigns on the Platform subject to these Terms and applicable TMU Rules & Policies.
2. TMU shall provide the Organisation with the technological infrastructure to: (a) enable the Organisation to promote its Campaigns, which may also be displayed, promoted and advertised in any other media or means of communication as may be provided or made available by TMU from time to time; and (b) for the Organisation to issue receipts to its Donors upon the receipt and acceptance of Donations by the Organisation as further described in clause 6.2 below.
3. The Organisation will have access to information relating to the source of each Donation, as well as access to the related database of Donors who make Donations to the Organisation.
4. The Services shall be limited to the provision by TMU to the Organisation of the technological infrastructure required by the Organisation to create and manage its Campaigns on the Platform and as further described in the preceding provisions of this clause 3.1..
5. In the provision of the Services, TMU does not: (a) provide any payment services in terms of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (or PSD2); (b) act or otherwise operate as a non-profit organisation and does not itself make any public collection or call for financial support or otherwise raise any funds from the public for the benefit of TMU or for the benefit of any third party; (c) receive, hold, control, manage or otherwise administer any Donations on behalf of and for the benefit of the Organisation.

3.2 Platform Fee 
1. Although no fixed fee or cost is payable by the Organisation to TMU to open and register an Account and to set up a Campaign, the Organisation shall pay a Platform Fee to TMU as consideration for the use of the Platform and the Services by the Organisation. The Platform Fee shall be an amount corresponding to ten per cent (10%) of each Donation received and accepted by the Organisation in relation to any Campaign posted by the Organisation on the Platform. 
2. Upon each Donation being made through the Platform Payment Processor, the Platform Payment Processor shall automatically transfer and remit the Platform Fee to such account as TMU shall designate for such purposes from time to time. The Organisation hereby grants the Platform Payment Processor an irrevocable mandate to transfer the Platform Fee to such account as may be designated by TMU from time to time as aforesaid. The Organisation hereby further declares that the mandate constituted by virtue hereof is an irrevocable and unconditional mandate granted to secure the performance of its obligations, commitments and undertakings to pay the Platform Fee to TMU.
3. Donations may also be received by the Organisation in an account which it may open with the TrustMeUp Digital Payment System. The Platform Fee shall be paid to TMU when each donation is received by the OrganisationIn relation to donations received by the Organisation through the TrustMeUp Digital Payment System, In Case the platform fee shall not be payed instantanely, the corresponding platform Fees calculated in respect of Donations received by the Organisation in its account with the TrustMeUp Digital Payment System, shall be paid by the Organisation to TMU monthly, in arrears. At the end of each calendar month, TMU shall send to the Organisation a request for payment of such Platform Fees due for the relevant month. Such Platform Fees must be paid by the Organisation to TMU by no later than ten (10) days from the date on which the Organisation receives a request for payment of such fees from TMU as aforesaid.
4. The Platform Fee shall be exclusive of any value added tax or other similar indirect tax or charge as may from time to time be chargeable by TMU to the Organisation.
5. Should the Organisation make a refund of any Donation to the Donor as further provided in these Terms, the Organisation shall immediately give notice to TMU of the amount of such refund and the reasons for such refund. Upon receiving such notice, TMU shall be entitled to request more information from the Organisation in relation to any such refund with a view to establishing and confirming all relevant facts relating to such refund. Once TMU is satisfied that it has obtained all details relating to the relevant refund, TMU will refund to the Organisation the portion of the Platform Fee as originally paid by the Organisation to TMU on the basis of the refunded Donation. 

4. Organisations & Campaigns

4.1 Organisations
1. In order to open an Account, an Organisation must comply with these Terms and the Platform Documents.
2. The Organisation represents, warrants and covenants to TMU and all Donors that:
a) it has the full right, power, legal capacity and authority to accept these Terms and perform its obligations under these Terms;
b) its acceptance of these Terms and the use of the Platform and the Services will not conflict with, or breach the terms, conditions or provisions of, or constitute a default or breach under, any other agreement to which it is a party or any other licence, permission or other authorisation to which it is subject;
c) it is a non-profit organisation duly established under the laws applicable to it;
d) it is authorised to collect funds from the public for the purposes of the Campaign in terms of any applicable law;
e) it has an active and valid Account registered with us in its own name;
f) its Account is and shall be, at all times and in respect of all activities, operated by a duly authorised Representative of the Organisation and, accordingly, the Organisation shall procure that such Representative shall comply with these Terms and all TMU Rules & Policies;
g) all information that the Organisation provides in connection with itself and each Campaign is accurate, complete, and unlikely to deceive Donors; 
h) all Donations contributed to the Organisation’s Campaigns will be used solely as described in the relevant Campaign Details;
i) the Organisation has provided full, accurate, correct, and up-to-date details of its principal bank account which is and shall remain open with a licensed bank in the name of the Organisation, and to which the Organisation may from time to time remit any funds from its account with the Platform Payment Processor;
j) the Organisation will provide full, accurate, correct, and up-to-date information and documentation in a timely manner and without undue delay, to TMU or any of its related entities, which the Organisation authorises TMU or any of its related entities to share along with transaction information relating to the Organisation’s use of the Services in accordance with the Privacy Policy; 
k) the Organisation will neither knowingly use nor accept any funds arising directly or indirectly from criminal or unlawful activities in its use of the Services;
l) the Organisation is not conducting criminal activities and does not intend to use the Platform in connection with any criminal activities;
m) the Organisation will not infringe the rights of others; and
n) the Organisation will comply with all relevant and applicable law and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions, and asset disclosures relating to or connected with the Organisation’s activities, including without limitation any Campaign.
3. The Account shall not be registered and activated unless you comply with all our instructions, requirements and requests as shall be made available by us to you for such purposes.
4. It is your responsibility to check and ensure whether your use of the Platform is legal in your country of establishment. You are entirely responsible for complying with your own local, national, federal, state, or other legislation that may relate to or affect your use of the Platform at all times when opening an Account and making use of the Platform. Before making any decision regarding the use of the Platform and the Services in relation to the creation and conduct of any Campaign, you should consult your financial, legal, tax or other professional advisor as appropriate.
5. TMU reserves the right to decline the registration, opening and/or activation of an Account at our sole discretion.
6. We reserve the right to engage any third party to assist us in verifying any information or data that you provide. To this regard, the Organisation agrees and consents to have data related to it processed and provided to such party accordingly in accordance with the Privacy Policy.

4.2 Campaigns

1. An Organisation desiring to set up a Campaign must do so in adherence with these Terms, the TMU Rules & Policies, and according to the specifications and forms as set out by TMU on the Platform.
2. The Organisation shall provide and upload to the Platform, as part of its Campaign Details, clear, comprehensive and unambiguous information and details relating to the Organisation and each Campaign promoted by it, particularly the full name of the Organisation, its registration, enrolment and/or other identification or authorisation number as may be issued to the Organisation in its jurisdiction, the objective pursued by the Organisation, the purpose of each Campaign, the amount that the Organisation intends to raise, the period of time during which a Donation may be made in relation to a Campaign, contacts details relating to the Organisation, and any other information, parameters, restrictions, limitations or details that the Organisation may be required to set and disclose in accordance with any applicable law.
3. The Organisation may not change the Campaign Details once these have been duly published on the Platform, without the prior written consent of TMU.
4. TMU has no control over the conduct of, or any Campaign Details or other information provided by, an Organisation, and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. TMU does not vet, check, verify and monitor any Campaign Details, Content or other information provided and uploaded by the Organisation on the Platform. We do not guarantee that a Campaign will obtain any specific amount in Donations or any Donations at all. We do not endorse any Campaign, Organisation, or cause and we make no guarantee, whether express or implied, that any information or Content provided by an Organisation on the Platform, whether in respect of a Campaign or otherwise, is accurate. TMU expressly disclaims any liability or responsibility for the outcome or success of any Campaign. A Donor must make the final determination as to the value and appropriateness of contributing to the Organisation and any Campaign promoted by the Organisation.
5. TMU merely provides technology to allow Organisations to connect with Donors. TMU does not, itself, solicit, make public calls for, or otherwise promote, process or collect Donations, whether in its own name or on behalf of any other individual, entity, or organisation. By using the Services, you understand and agree that TMU shall not be responsible for the use of any Donations or the amount of funds raised by the Organisation and its relevant Campaign.
6. Where a Donor requires further information in relation to a Campaign, the Donor shall directly contact the Organisation using the contact details provided by the Organisation in its Campaign Details.
7. In order to ensure transparency, the Organisation is encouraged to regularly provide updates to its Donors in relation to its Campaigns. TMU does not monitor the conduct by the Organisation of any of its Campaigns, and does not monitor, vet or otherwise control the dissemination or sharing of information by the Organisation to its Donors in relation to its Campaigns.

4.3 Promotions

1. The Organisation may not offer, organise or undertake any Promotion on or via the Platform without the prior written consent of TMU and subject to such additional and specific terms and conditions as may be agreed for such purposes. The Organisation may seek such consent by contacting us at support@trustmeup.com. Should TMU consent, the Organisation shall be entirely responsible for the Promotion, and the Organisation agrees, warrants, and represents that:
a) such Promotion shall be compliant with all applicable laws;
b) the Organisation is and shall be fully responsible for all aspects of the Promotion, including, without limitation, any prizes tendered;
c) the Organisation shall make no use of TMU’s intellectual property in the rules or other materials of the Promotion without the prior written consent of TMU; 
d) the Organisation is responsible for the marketing of the Promotion, which shall not be marketed to any minor in terms of any applicable law; 
e) rewards, prizes, giveaways, or other inducements are not intended to be items available for purchase; 
f) such Promotion shall not endorse, sponsor, or promote anything related to gambling, alcohol, illegal drugs or drug paraphernalia, medical products or equipment, weapons, pornography or sexual paraphernalia, or items relating to tobacco usage; and
g) the Organisation will include, in a prominent position within its rules for any Promotion, the following provisions:
(i) TMU does not sponsor or endorse the Promotion;
(ii) TMU does not guarantee the delivery of any reward, incentive, or other prize offered by the Organisation;
(iii) each participant in the Promotion releases TMU from any and all liability;
(iv) all questions made by Donors or any other person in relation to the Promotion must be directed to the Organisation and not to TMU; and
(v) any other rules as may be required by TMU for inclusion in the rules of the Promotion.

5. Payment and Transfer of Funds

5.1 Selection of a Platform Payment Processor
1. TMU is not a payment processor and does not receive, hold or otherwise process funds and their payment or remission in any manner whatsoever.
2. TMU shall at all times ensure that it selects and engages a Platform Payment Processor for integration with the Platform, for such Platform Payment Processor to handle the receipt, custody, transfer, and processing of Donations made through the Platform and associated transactions for the Organisation, as well as the processing of the corresponding payment of the Platform Fees by the Organisation in favour of TMU or any of its related entities. 
3. The Organisation agrees that all Donations made through the Platform, and all corresponding payments of Platform Fees, shall be processed by the Platform Payment Processor selected and integrated with the Platform by TMU from time to time. As such, the Organisation hereby grants TMU or any related entity an irrevocable mandate to procure the opening of an account, in the name of the Organisation, with any Platform Payment Processor as may be selected, engaged and integrated by TMU on the Platform from time to time as aforesaid. The Organisation hereby declares that the mandate constituted by virtue hereof is an irrevocable and unconditional mandate granted to secure the performance of the Organisation’s obligations, commitments and undertakings to TMU. Without prejudice to the generality of the aforesaid, the Organisation authorises TMU or any related entity to do anything that may be necessary and/or required for the purposes of handling, organising and procuring the opening of such an account for the Organisation as aforesaid, including without limitation the transmission to the Platform Payment Processor of any information, confirmations, data or documentation appertaining or related to the Organisation. For the avoidance of doubt, any payment account opened for the Organisation as aforesaid shall be so opened in the name of the Organisation and not in the name of TMU or any of its related entities. Moreover, following the opening of a payment account with the Platform Payment Processor for the Organisation, neither TMU nor any of its related entities shall provide any management, administration, maintenance or other services whatsoever in respect of such payment account, such that TMU and its related entities shall have no access, control or other involvement whatsoever in relation to the operation, use and maintenance of such payment account, the access to, use of and responsibility for which shall vest solely and exclusively in the Organisation.
4. The integration of a Platform Payment Processor with the Platform is solely and exclusively intended to ensure that the systems of the Platform Payment Processor are linked with the systems of the Platform so that data can flow between the Platform and the Platform Payment Processor. The integration by TMU of a Platform Payment Processor with the Platform as aforesaid should not be considered or deemed as an endorsement by TMU of such Platform Payment Processor and any of its business, services and activities. Nor does the integration of a Platform Payment Processor with the Platform reflect any partnership, joint venture, participation or other involvement whatsoever by TMU in the business, services and activities conducted by the relevant Platform Payment Processor, in which TMU has no interest or involvement of any nature whatsoever. Moreover, we provide no warranty, assurance or undertaking that a particular Platform Payment Processor will remain integrated with the Platform, in terms of the integration manuals that may be applicable from time to time. 
5. TMU does not process payments made by any users of the Platform and thus has no control over the process. TMU does not endorse nor guarantee and is not responsible for the processing of any payments by any Platform Payment Processor.
6. Use of the Platform by an Organisation is also subject to the adherence by the Organisation to the terms of services as may be prescribed from time to time by the  Platform Payment Processor.
7. TMU reserves the right, at its sole discretion, to terminate the engagement of a Platform Payment Processor and its integration on the Platform, and to engage an alternative Platform Payment Processor for integration on the Platform. Should TMU decide to terminate the engagement of a Platform Payment Processor as aforesaid, TMU shall give the Organisation advanced written notice of the intended termination, with a view to allowing the Organisation sufficient time to give the Platform Payment Processor instructions to remit the Organisation’s funds held in its account with the Platform Payment Processor to another account, and to close the Organisation’s account with the Platform Payment Processor. For the avoidance of doubt, the provisions of the preceding paragraphs of this clause 5.1 shall apply to the engagement by TMU of a new substitute Platform Payment Processor.

5.2 Platform Payment Processor Terms
1. The processing of any Donation, Platform Fee and/or any other payment as may be required to be made or remitted by or on behalf or for the benefit of an Organisation through the Platform, shall be carried out solely and exclusively by the Platform Payment Processor on the basis of and subject to such processor's procedures and terms of service, which the Organisation accepts and adheres to. TMU is not a payment processor and does not receive, hold or otherwise process funds and their payment or remission in any manner whatsoever.
2. The first Platform Payment Processor that has been successfully integrated with the Platform is Stripe, which is a group of companies providing online payment processing services (hereinafter “Stripe”). All payment processing services for Organisations on the Platform are currently provided by Stripe, and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as an Organisation and using the Platform and the Services, the Organisation acknowledges that it has read, understood, and agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of TMU enabling payment processing services on the Platform through Stripe, the Organisation agrees to allow TMU or any of its related entities to create a connected account on Stripe’s platform in the name of the Organisation for the processing of the Organisation’s payments, such that the Organisation’s account with Stripe shall be connected to the account that TMU or any of its related entities may hold with Stripe with a view to enabling Stripe to provide its integrated payment processing services and functionalities to the Organisation and TMU and incorporate them within their payment processing network. In pursuit of this, the Organisation agrees that it shall, in a timely manner and without undue delay, assist TMU or any of its related entities in this process, including, but not limited to, providing TMU or any of its related entities with accurate and complete information and/or documentation about the Organisation and its business and activities, which the Organisation authorises TMU or any of its related entities to share along with transaction information relating to the Organisation’s use of the payment processing services provided by Stripe.
3. When Stripe successfully processes a Donation made through the Platform for and on behalf of the Organisation, the Donation (net of the Platform Fee) will be transferred directly from the Donor to the Stripe account held by the Organisation. Further information on the processing to be carried out and the services provided by Stripe in this respect may be found in Stripe’s terms of service.

5.3 Chargebacks and Refunds

1. On occasion, a Donor may dispute a credit card charge for a Donation. TMU does not have control over the processing of the payments or the control of Donations, nor does TMU receive or have custody of Donations. The Organisation is responsible for handling such matters with the Platform Payment Processor or with the TrustMeUp Digital Banking System (as applicable) and, where relevant and appropriate, shall carry out and oversee refunds.

5.4 Withdrawal of Funds by the Organisation

1. Funds donated can be withdrawn by the Organisation to a bank account opened in its name (details of which must be provided to TMU) through the Platform Payment Processor or the TrustMeUp Digital Banking System (as applicable). You acknowledge that TMU is not responsible for any delays and cannot guarantee the success or any specific time frame in relation to the processing and the release of funds. In this regard, TMU expressly disclaims any and all responsibility for any delay or inability to access, use, and withdraw any Donations at any specified time, and any consequences arising from such delay or inability. The Organisation is responsible for ensuring that the information provided for use by the Platform Payment Processor or the TrustMeUp Digital Banking System in order to process a withdrawal of any Donation, including the Organisation’s bank account information, is continually accurate and up-to-date. In addition, TMU does not have any control over refunds or chargebacks and is not liable to the Organisation or any third-party for any claims, damages, costs, losses, or other consequences caused by any issued refunds, including, but not limited to, transaction or overdraft fees.

5.5  Platform Payment Processor Fees
1. TMU shall pay any fees which may become due and payable to the Platform Payment Processor in accordance with its terms, in relation to the use by TMU and the Organisation of the Platform Payment Processor’s services. 

6. Donations

6.1 Receiving Donations
1. In order to make a Donation, a Donor must have an active and valid account registered with us in its own name and have submitted all necessary information including, but not limited to, its name and information regarding its Payment Instrument that is linked to the Donor’s account with the Platform. Each Donor warrants and represents to TMU that such information is true and that each Donor is authorised to use the applicable Payment Instrument.
2. The Organisation may open a payment account on the TrustMeUp Digital Banking System in which the Organisation may also receive Donations in relation to Campaigns listed on the Platform. Accordingly, a Donor who also has a payment account on the TrustMeUp Digital Banking System may make a Donation directly in the Organisation’s account with the TrustMeUp Digital Banking System. 
3. Save as expressly set out in these Terms (such as in the provisions relating to Chargebacks and Refunds), Donations are final and non-refundable. Donations thus do not constitute pledges but actual transfers of funds. 
4. The making of a Donation constitutes the formation of a contractual relationship entered into directly between the Donor and the Organisation, in which TMU is not involved as a party thereto in any capacity whatsoever.
5. TMU is not responsible for any offers, promises, rewards, or promotions made or offered by an Organisation on any Campaign page. We do not and cannot verify the information that Organisations supply on the Platform, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose set out by an Organisation in respect of a Campaign or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds very seriously. If a Donor has reason to suspect that an Organisation is not raising or using funds for their stated purpose, they must report the Organisation and the relevant Campaign to TMU’s team in order for the potential problem to be highlighted for further investigation by TMU.
6. Donors are not permitted to impose restrictions on the use of Donations by an Organisation.
7. The Organisation may contact the Donor directly and request certain information and/or documentation in order to fulfil its legal obligations, including, but not limited, for the purposes of anti-money laundering and counter-financing of terrorism. Funds may not be accepted by an Organisation unless the information specifically requested by the Organisation and/or any corresponding documentation are provided. Neither TMU nor any of its related entities has been appointed by the Organisation or is otherwise responsible to ensure compliance by the Organisation with any obligations that may be imposed upon it and prescribed by any applicable law, including any obligations that may be incumbent upon the Organisation for the purposes of anti-money laundering and counter-financing of terrorism.  
6.2 Receipts
1. Upon receiving and accepting a Donation, the Organisation will issue a receipt to the Donor. 
2. TMU shall be responsible to provide the Organisation with the technological facility and system to issue receipts for Donations as part of the technological infrastructure and Services provided and made available by TMU to the Organisation. When designing the form and substance of any such receipt, TMU will rely wholly on the Organisation to provide all information that is required to be included in such receipt in terms of any law that may be applicable to the Organisation from time to time. Furthermore, TMU will rely wholly on the information provided by the Platform Payment Processor, the TrustMeUp Digital Banking System, the Donor, and the Organisation for the purposes of ascertaining that a Donation has been made by a Donor and received and accepted by the Organisation. TMU is not responsible to independently verify any of the aforementioned information provided to it in this respect. You acknowledge this and agree that TMU shall not be responsible for any incorrect information included in any receipt, or for any tax or regulatory consequences resulting from the provision of incorrect information to or by TMU.
6.3 Disputes
1. If a dispute arises between the Organisation and a Donor in relation to any Campaign or Donation, the Organisation shall immediately inform TMU of the nature, circumstances and facts of such dispute. The Organisation undertakes to use its best endeavours and efforts to resolve the dispute with the Donor. TMU shall not mediate between the Donor and the Organisation. Nor shall TMU be involved in any manner or capacity whatsoever in the arbitration, determination, enforcement, execution or other fulfilment of any Donation or Campaign or other obligation between the Donor and the Organisation. The Organisation releases TMU from any claims, demands and damages whatsoever resulting from or related to any such disputes

7. Earning & Using PACs

1. For each one Euro (€1) paid by the Organisation to TMU by way of Platform Fee in accordance with these Terms, TMU shall credit one (1) PAC in favour of the Organisation. Fractional PACs may be created up to two (2) decimal places to reflect any corresponding fractional part of one Euro (€1) as may be paid by the Organisation to TMU by way of Platform Fee as aforesaid. Fractional PACs shall be automatically consolidated into a whole PAC when the fractional PACs credited to the Organisation become equal to a whole PAC.
2. TMU shall credit each PAC to the specific wallet located within the Account of the Organisation on the Platform upon TMU receiving the Platform Fee from the Organisation in accordance with these Terms. 
3. The Organisation may only use any PACs credited to and accrued by the Organisation as aforesaid by redeeming PACs when purchasing any item from a merchant that holds a valid account with TMU, and subject to the Buyer Terms and the PACs Rules.

8. Account Management

8.1 Account Safety
1. The Organisation is solely responsible to ensure that it does not disclose the password chosen by it and assigned for access to its Account to anyone, and if it suspects that its password has been compromised it should contact us immediately to replace it with a new one.
2. TMU will assume that anyone logging into the Platform by entering the correct username and password is the person entitled to do so and, as a result, any actions or activities undertaken on the Platform will be considered as valid.  We shall not be held responsible or liable for any loss that you incur as a result of misuse of your login details.
8.2 Account Restrictions
1. You may only have one Account, and the details associated with or otherwise displayed on your Account must at all times match the details, information and documentation provided to us. 
2. You shall not be permitted to sell, transfer and/or acquire Accounts. Any Accounts sold, transferred or acquired in this way shall be closed and the person or entity involved will not be allowed to create another Account.
8.3 Closing an Account
1. TMU reserves the right to close the Account at its sole discretion without assigning any reason in accordance with paragraph (2) of clause 20 below.
2. Without prejudice to any other provisions set out in these Terms and in any other Platform Documents, TMU also reserves the right to take any action, which may include the immediate closure or suspension of your Account and/or your access to any functionality of the Platform and/or the termination of our engagement to provide you with the Services, with immediate effect and without any notice period being required for such purposes:
a) if you operate multiple Accounts;
b) if you are acting on behalf of a party for whom the Account is not registered;
c) if your actions are illegal or unlawful;
d) if we have reasonable grounds to suspect and believe that your behaviour is intended to defraud TMU, its associates, any user of the Platform or any other person, or that your behaviour contravenes any of the Platform Documents;
e) if you do not provide any information or documentation when asked to do so;
f) if we are asked and requested to do so by any regulatory authority, the police or the court;
g) if you use the Account contrary to the Fair Use Rules.
8.4 Fair Use Rules
1. You acknowledge and confirm that you have read and shall continually abide by the Fair Use Rules, which TMU may update from time to time.
9. Feedback & Complaints
1. It is important to us to ensure that your feedback is heard.
2. You may send any message containing complaints, suggestions, or queries that you might have regarding the use of the Platform by contacting us on support@trustmeup.com.
3. All messages are handled with due care by us and shall be confidential.
4. Upon receiving your message, we will endeavour and do our utmost to reply as soon as is practicable.

10. Intellectual Property Rights

10.1Content belonging to TMU
1. The Platform and all Content as may from time to time be uploaded to or displayed on it by TMU (hereinafter “Our Content”), are protected by trademark, copyright and other laws protecting intellectual property and confidential information. All rights are reserved. Reproduction, transfer, distribution or storage of part or all of Our Content in any form (which for the avoidance of doubt include software, images, photographs, videos, audio, and text) without our prior written permission is prohibited except in accordance with the following permission. We consent to you storing on your computer or printing copies of extracts from these pages for your personal use only. Individual documents on the Platform may be subject to additional terms indicated in those documents.
2. You acknowledge that the software and all material which may be visually and/or audibly presented to you in your use of the Platform is either our intellectual property (including, but not limited to, copyright, domain name rights and trademarks) or of our licensor and in this regard you acknowledge that you have no rights whatsoever to use or lay claim to any intellectual property belonging to us and/or our licensors.
3. No unauthorised use of trustmeup.com, or any other uniform resource locator (“URL”) owned and/or used by us, may be made on another website or digital platform without our prior written consent. 
4. You agree not to monitor, use or copy the Platform or Our Content except where this is allowed explicitly. Any unauthorised use or reproduction may be prosecuted. 
5. Any data and any information licensed to us from third parties is provided for use on the Platform only and may not be used for any commercial purposes without the consent of such third parties 

10.2 Content uploaded by Organisations
1. TMU does not claim ownership rights in any Content as may from time to time be uploaded to or displayed on the Platform by you or by TMU on your behalf (hereinafter “Your Content”). You grant TMU a licence solely to enable TMU to use any information or Your Content you supply TMU with, whether by means of the Platform or otherwise, so that TMU is not violating any rights you might have in Your Content. You grant TMU a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right (with the right to authorise further sublicensing) to exercise the copyright, publicity, and database rights you have in Your Content, in any media now known or not currently known, with respect to Your Content. You agree to allow TMU to store or re-format Your Content on the Platform and display Your Content on the Platform or in any other media or means of communication in any way as TMU chooses (including modifications which do not modify the meaning of the content, such as for example, translations).
2. TMU will only process personal information in accordance with our Privacy Policy. TMU has fully determined the purposes and means of the personal data that is collected through the Platform and accordingly, in terms of applicable data protection legislation, TMU shall be considered to be a data controller in relation to such data. In terms of applicable law, the Privacy Policy lists those third parties with whom TMU shares data, or otherwise provides data.  Whenever a Donor submits a request to complete a Donation, TMU will share and provide data relative to that Donation with that particular Organisation.  When data is provided or shared as aforesaid, the Organisation becomes a separate controller in relation to how such data is used by the Organisation after it receives the data from TMU. TMU notifies Donors that any data supplied by TMU to Organisations as aforesaid is to be processed in terms of the Organisations’ privacy policy. TMU encourages the Organisation to engage competent legal practitioners so as to ensure that it handles and processes data in terms of applicable law.    The Organisation shall at all times comply with any legislation that may be applicable to the conduct of its activities, including but not limited to, applicable data protection legislation. TMU shall not be responsible for how the Organisations use and handle personal data provided or supplied to them by TMU.  The Organisation acknowledges that any data provided to it by TMU as aforesaid has been collected for purposes which are expressly stipulated in the TMU Privacy Policy and that any further processing by the Organisations shall be consistent with such purposes. In particular, the Organisation shall primarily use such data for the purposes of receiving Donations, and may not use it for, among others, marketing purposes external to the Organisation and for purposes other than fundraising for the Organisation itself. 
3. To the fullest extent permitted by law, you waive your moral rights in relation to Your Content and irrevocably undertake not to assert any such rights against us or any of our authorized users or assignors. 
4. You hereby indemnify, defend, and hold TMU harmless against all loss, liability or expense (including reasonable attorney and witness fees and expenses) arising out of any claim brought by a third party that Your Content infringes upon, misappropriates, or otherwise violates any rights (including intellectual property rights) owned or controlled by a third party.
5. By posting Your Content on the Platform or in any other media or means of communication, it is possible for an outside website or a third party to re-post Your Content. You agree to hold TMU harmless from any dispute concerning this use.
10.3 Other
1. If you believe that any Content breaches your or any third party rights, please get in touch with us without any delay by sending an email to support@trustmeup.com.

11. Tax

1. TMU makes no representation as to whether all or any portion of the Donations are tax deductible or eligible for tax credits. TMU will have no liability for any claim by any tax authority with respect to the characterisation on any applicable tax return of any Donation by the Organisation. 
2. The Organisation will be solely responsible for taxes based on applicable international, national, federal, state, local, or any other taxes, fees, or levies, or for any applicable taxes based on their income. It is the responsibility of the Organisation to make determinations as to what, if any, taxes apply to any Donations received by the Organisation through its use of the Services. It is also the sole responsibility of the Organisation to evaluate, collect, report, or remit the correct tax, if any, to the appropriate tax authority.
3. TMU makes no representation as to the manner in which the receipt, holding and use of PACs by the Organisation shall be treated for tax purposes in terms of any tax or other fiscal or similar laws, regulations and rules that may be applicable to the Organisation from time to time. The Organisation will be solely responsible for taxes or other similar charges and levies based on applicable international, national, federal, state, local or any other laws, regulations or rules in relation to the accrual or use of PACs. It is the responsibility of the Organisation to make determinations as to what, if any, taxes or other similar charges or levies apply to any accrual or redemption of PACs by the Organisation. It is also the sole responsibility of the Organisation to evaluate, collect, report, or remit the correct tax, if any, to the appropriate tax authority. The Organisation should consult its tax advisor on such matters.
4. The Organisation is reminded that tax law and practice and their interpretation, as well as the levels of tax to which the Organisation may be subject and exposed, may change from time to time. Any information or other reference to tax in these Terms are being given solely for your general information. The precise tax implications will depend on your particular circumstances, and professional advice in this respect should be sought accordingly.

12. Data Retention

1. Save as otherwise disclosed in the Privacy Policy or as otherwise required under applicable law, you acknowledge that TMU is under no obligation to retain or preserve any data in relation to any Account or Campaign and that TMU reserves the right to delete data or to terminate Accounts or Campaigns at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
2. We will allow you to download a copy of data related to your Account within ten (10) days from when your Account is terminated (notwithstanding the cause). You will no longer have this functionality after the lapse of the said ten (10) day period.  The aforementioned shall not prejudice any rights you may have in terms of the provisions of applicable data protection legislation.

13. Disclaimers

1. All information and Content provided by TMU relating to the Services is for informational purposes only and TMU does not guarantee the accuracy, completeness, timeliness, or reliability of any such information or Content. No Content is intended to provide financial, legal, tax, or other professional advice. Before making any decision regarding the use of the Platform and the Services in relation to the creation and conduct of a Campaign, an Organisation should consult its financial, legal, tax or other professional advisor as appropriate. 
2. You acknowledge that all information and Content accessed by you using the Services is at your own risk. You also acknowledge that TMU does not vet, check, verify and monitor any Campaign Details, Content or other information provided and uploaded by you on the Platform, and that all information and Content uploaded by you on the Platform is at your own risk.
3. The Platform contains links to other websites. TMU is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Platform does not imply approval or endorsement of the linked website by us. If you decide to leave TMU’s website and Platform and access these third party websites, you do so at your own risk.

14. Warranties

1. Your use of the Platform and the Services is at your sole risk. The Platform and the Services are provided on an "as is" and "as available" basis. TMU and its affiliates expressly disclaim and exclude, to the fullest extent permitted by applicable law, all warranties, conditions and representations of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
2. TMU and its affiliates make no warranty or condition that (i) the Platform and the Services will meet your requirements, (ii) the Platform and the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Platform and the Services will be accurate or reliable, or (iv) the quality of any services, information, or other material purchased or obtained by you through the Platform and the Services will meet your expectations.

15. Limitation of Liability

1. Although we shall take all reasonable measures to ensure that the Platform is free from all malfunctions, errors, and viruses, we cannot and do not guarantee that these shall be free of such problems.
2. You agree to release, indemnify on demand and hold TMU and its affiliates and their officers, employees, directors, advisors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any Content, your connection to the Services, your violation of these Terms or the TMU Rules & Policies or your violation of any rights of another entity or of any applicable law. 
3. You expressly understand and agree that, to the fullest extent permitted by applicable law, neither TMU nor its affiliates will be liable for any (a) indirect, incidental, special, consequential, punitive or exemplary damages, (b) damages for loss of profits, (c) damages for loss of goodwill, (d) damages for loss of use, (e) loss or corruption of data, or (f) other intangible losses (even if TMU has been advised of the possibility of such damages), whether based on contract, tort, negligence, or otherwise, resulting from (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) any Promotions and related prizes or rewards made available through the Services; (iv) unauthorised access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the Services; or (vi) any other matter relating to the Services. To the fullest extent permitted by applicable law, in no event will TMU’s total liability to you for all damages, losses (including contract, negligence, statutory liability or otherwise) or causes of action exceed the amount of one hundred Euro (€100).
4. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the Services or with these Terms or the TMU Rules & Policies, your sole and exclusive remedy is to discontinue use of the Services.

16. Choice of Law and Jurisdiction

1. These Terms, all Platform Documents and your use of the Platform and Services shall be governed and construed in accordance with the Laws of the Republic of Ireland.
2. You irrevocably agree to submit yourself to the non-exclusive jurisdiction of the Courts of the Republic of Ireland for settlement of any matter or dispute whatsoever arising out of the Platform Documents or your use of the Services.
3. In any case, this choice of applicable law and jurisdiction shall not have the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable.
4. If any provision of the Platform Documents shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of the Platform Documents and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.

17. Assignment

1. You acknowledge that we are entitled to transfer or otherwise assign these Terms and our rights and obligations thereunder, directly or indirectly, in whole or in part, to any person without seeking your consent and without prior notice on the condition that such assignment shall be on the same terms or terms which are more advantageous to you.

18. No Partnership

1. Use of the Platform and Services does not create, and shall not be construed to create, a joint venture, partnership, or other formal business relationship between you and TMU. At all times, each shall remain an independent contractor with respect to one another.

19. Notice

1. Unless otherwise specifically provided in these Terms or any other Platform Documents, any notice or other communication which you may want or need to send to us shall be sent by email to the following address: support@trustmeup.com. 
2. Any notice or other communication that we may want or need to send to you shall be sent by email to such email address as you shall communicate to us from time to time.
3. Any notice or communication shall be deemed to have been received at the time of transmission of the relevant email or, if this time falls outside business hours, upon the first resumption of such business hours. Reference to “business hours” shall mean any time between 09.00 hours and 17.00 hours Central European Time, from Monday to Friday, being a day that is not a public holiday in the Republic of Ireland.

20. Validity and Termination

1. The engagement of TMU to provide the Services to the Organisation shall be valid and applicable for a period of one (1) year from the date on which the Organisation engages TMU for the provision of the Services, and shall be automatically renewed for additional periods of one (1) year each thereafter, unless terminated in accordance with these Terms or any other Platform Document.
2. Save as otherwise provided in these Terms or any other Platform Document, TMU or the Organisation may terminate the engagement of TMU for the provision of the Services at any time and without providing any reason for such termination, by giving at least thirty (30) days' written notice to the other party. Any termination pursuant to this paragraph (2) shall take effect on the date of expiry of the said notice period.

21. Entire Agreement

1. These Terms and the Platform Documents shall constitute the whole agreement between us and you regarding the subject matter hereof and supersede any prior agreement between us. 
2. Where these Terms and any other Platform Documents are prepared in various languages other than the English language, any non-English language version of these Platform Documents shall be for reference only. In the event of there being any differences between the English language version of these Platform Documents and any other language version, the version in the English language shall prevail. 
3. There shall only ever be one active version of these Terms and all other Platform Documents at any point in time. Should any doubt or conflict arise, the most recently approved version of the Platform Documents shall prevail.