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Terms relating to Donors. These Terms govern the use by a Donor of the Platform.
1.1 - Definitions
Terms | Definitions |
“Account” | An account opened and registered by a Donor on the Platform allowing the Donor access to the Platform as further set out in these Terms |
“Buyer Terms” | The terms and conditions prescribed by TMU, which may be accessed here, and which regulate the manner in which users of the Platform may interact with merchants promoting their goods or services on the Platform, with a view to transacting in any such goods or services under specific and separate terms and conditions as may be established by such merchants |
“Campaign” | Means the process promoted and undertaken by an Organisation to collect funds for a particular purpose, as further outlined in the Campaign Details |
“Campaign Details” | The information prepared and uploaded to the Platform by an Organisation, setting out details relative to the particular Campaign, particularly the objectives pursued, the amount that the Organisation intends to raise and the period of time during which a Donation may be made |
“Content” | Any post, material, document, data or information that may be uploaded to or displayed on the Platform |
“Donation” | The voluntary transfer of funds from a Donor to an Organisation in such amounts as may be determined by the Donor |
“Donor” | A person wishing to donate funds to an Organisation and its Campaign and validly holding an Account, and the terms “you”, “your” and “yours” shall be construed accordingly |
“Fair Use Rules” | Our rules governing your conduct while accessing and using the Platform, and having the aim of ensuring that the Platform is used fairly and lawfully in the pursuit of the legitimate and lawful purposes of its users whilst safeguarding any rights appertaining to other persons |
“Organisation” | A non-profit organisation that has the purpose of providing money or help to people who need it, that does something useful for society, or that otherwise has or pursues sporting activities or purposes, and which posts a Campaign on the Platform |
“PACs” | Virtual tokens that may be credited by TMU in favour of the Donor pursuant to these Terms |
“PACs Rules” | Our rules which regulate your use of PACs on the Platform |
“Payment Instrument” | Any credit card or other payment instrument that is linked by the Donor to his Account |
“Platform” | The online platform provided by TMU on the website trustmeup.com, on which Organisations post their Campaigns |
“Platform Documents” | These Terms and all TMU Rules & Policies as may be applicable from time to time |
“Platform Fee” | The fee due by an Organisation to TMU for using the Platform, as further described in clause 3.2 below |
“Platform Payment Processor” | The third-party payment processor engaged by TMU and integrated with the Platform, for the purposes of enabling an Organisation to receive any Donation through the Platform |
“Privacy Policy” | Our policy that provides an overview of the personal data collected by us and the manner in which such data is collected by us in the course of your use of the Platform, the reasons for such collection, and the manner in which we seek to comply with laws relating to the protection of personal data as may be applicable to us from time to time |
“Promotion” | Any contest, competition, reward, give-away, raffle, sweepstakes, or similar activity as may be offered or promoted by an Organisation on or through the Platform with TMU’s prior written consent |
“Terms” | These terms and conditions governing your use of the Platform |
“TMU” | TMU Ireland Ltd, a company registered under the Laws of the Republic of Ireland with company registration number 701630 and having its registered office situated at 6 Marino Mart, Fairview, Dublin 3, D03 K400, and the terms “us”, “we” and “our” shall be construed accordingly |
“TMU Rules & Policies” | Any and all other terms, rules and policies (including without limitation the Buyer Terms, the Privacy Policy, the Fair Use Rules and the PACs Rules) as may be issued by TMU from time to time in relation to the Platform and any other matters as may be related thereto or connected therewith |
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.
3.1 - Description of Platform
1) Amongst other services and facilities offered on the Platform, TMU allows Organisations to post Campaigns on the Platform, subject to separate terms and conditions that are applicable to Organisations wishing to post Campaigns as aforesaid. As such, TMU facilitates the creation and management of Campaigns by Organisations and provides technological infrastructure for such purposes.
2) 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 any Organisation.
3.2 - Platform Fee
1) No fees shall be charged by TMU to a Donor for using the Platform to make a Donation.
2) An Organisation is required to pay a Platform Fee to TMU as consideration for the use of the Platform by such Organisation. The Platform Fee shall be an amount corresponding to ten per cent (10%) of each Donation received and accepted by an Organisation in relation to any Campaign posted by the Organisation on the Platform.
1) In order to register and open an Account:
a) The Account must be registered in your name. If you are a legal entity, your Account must be registered by a duly authorised representative in your exclusive name.
b) All required information must be truthfully and accurately provided.
c) In the case of an Account opened in the name of an individual, you must have reached the age of majority in your jurisdiction and not be legally incapacitated.
d) The person in whose name the Account is opened and any registrant (as applicable) agree to be bound by all Platform Documents.
e) You undertake to ensure that any information you provide is correct and kept up-to-date on an ongoing basis.
(2) By registering and using an Account, you warrant and represent that for as long as your Account shall remain open:
a) you shall act solely on your own behalf and not on behalf of or for the interest of any third party;
b) if you are a legal entity, you have duly authorized an individual to register and use your Account in your name and on your behalf;
c) you will comply with the Terms and TMU Rules & Policies;
d) you will not apply any funds arising directly or indirectly from criminal or unlawful activities in your use of the Platform; and
e) you are not otherwise conducting criminal activities and shall not use the Account in connection with such activities.
3) It is your responsibility to check and ensure whether your use of the Platform is legal in your country of residence or operation (as the case may be). 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.
4) We reserve the right to decline the registration, opening and/or activation of an Account at our sole discretion.
5) We reserve the right to engage any third party to assist us in verifying any information or data that you provide. To this regard, you agree and consent to have your personal data processed and provided to such party accordingly.
6) 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.
7) TMU shall only be processing your personal data exclusively for the purposes of enabling TMU to provide you with the services and functionalities offered by the Platform, and allowing TMU to comply with its legal requirements to which it may be subject from time to time. TMU does not process such data for any other purpose. As such, Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services, and Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, do not apply to you and these Terms and your use of the Platform.
5.1 - Organisations
1) By posting a Campaign and using the Platform, each Organisation represents, warrants, and covenants to TMU and all Donors that:
a) it has the full right, power, legal capacity and authority to accept the terms that regulate its use of the Platform and to perform its obligations under such terms;
b) its acceptance of any terms as may be imposed by TMU for use of the Platform, and the use by such Organisation of the Platform, will not conflict with, or breach the terms, conditions or provisions of, or constitute a default or breach under, any other agreement to which the Organisation is a party or any other licence, permission or other authorisation to which the Organisation 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 with us 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 TMU’s terms and all TMU Rules & Policies as may be applicable to the Organisation;
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 and correct 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 Payment Processor;
j) the Organisation will neither knowingly use nor accept any funds arising directly or indirectly from criminal or unlawful activities in its use of the Platform;
k) the Organisation is not conducting criminal activities and does not intend to use the Platform in connection with any criminal activities;
l) the Organisation will not infringe the rights of others; and
m) 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.
5.2 - Campaigns
1) An Organisation desiring to set up a Campaign must do so in adherence with such terms and conditions as are prescribed by us from time to time, the TMU Rules & Policies, and according to the specifications and forms as set out by TMU on the Platform.
2) The Organisation shall be solely responsible to 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) 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 any 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 any Organisation and any Campaign promoted by such Organisation.
4) 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 Platform, 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.
5) Where a Donor requires further information in relation to a Campaign, you must directly contact the Organisation using the contact details provided by the Organisation in its Campaign Details.
6) In order to ensure transparency, we encourage Organisations to regularly provide updates to their Donors in relation to their Campaigns. TMU does not monitor the conduct by Organisations of their Campaigns, and does not monitor, vet or otherwise control the dissemination or sharing of information by Organisations to their Donors in relation to their Campaigns.
5.3 - Promotions
1) An Organisation may only offer, organise or undertake any Promotion on or via the Platform with the prior written consent of TMU and subject to such additional and specific terms and conditions as may be agreed with the relevant Organisation for such purposes. In such cases, the Organisation shall be entirely responsible for the Promotion and its marketing.
2) TMU does not sponsor or endorse or otherwise support any Promotion, and does not guarantee the delivery of any reward, incentive, or other prize offered by an Organisation in respect of any such Promotion. Any and all questions related to any Promotion must be directed to the relevant Organisation and not to TMU. Should the Donor participate in any such Promotion, the Donor hereby releases TMU from any and all liability related to such Promotion.
6.1 - 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 all payment transactions through the Platform.
3) Any payment account with the Platform Payment Processor in which an Organisation receives Donations is 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 Donor acknowledges and understands that TMU provides technological infrastructure whereby an Organisation can connect with the Platform Payment Processor which allows the Donor to make Donations through his Payment Instrument. TMU does not process Donations, Platform Fees and/or any other payments as may be required to be made or remitted to, by, or on behalf or for the benefit of an Organisation, and thus has no control over the processing of such payments. TMU does not endorse nor guarantee and is not responsible for the processing of any payments by any Platform Payment Processor.
6.2 - 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 a duly selected and authorised Platform Payment Processor on the basis of and subject to such Platform Payment 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.
3) When the Platform Payment Processor successfully processes a Donation made through the Platform for and on behalf of an Organisation, the Donation (net of the Platform Fee) will be transferred directly from the Donor to the account held by the Organisation with the Platform Payment Processor. At the same time, the Platform Payment Processor shall transfer and remit the relative Platform Fee to such account as TMU shall designate for such purposes from time to time.
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 the TrustMeUp Digital Banking System (as applicable) and, where relevant and appropriate, shall carry out and oversee refunds.
2) Should an Organisation make a refund of any Donation to the Donor as further provided in these Terms, the Donor 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 Donor in relation to any such refund with a view to establishing and confirming all relevant facts relating to such refund.
1) Funds donated to an Organisation 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).
2) TMU does not have any control over refunds or chargebacks and is not liable to the Donor, 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.
7.1 - Making Donations
1) In order to make a Donation, a Donor must have an Account and have submitted all necessary information including, but not limited to, their name and information regarding its Payment Instrument that is linked to the Donor’s Account. The Donor warrants and represents to TMU that such information is true and that the Donor is authorised to use the applicable Payment Instrument.
2) If the Donor and an Organisation each have an account with the TrustMeUp Digital Banking System, the Donor may also make Donations directly to such Organisation’s account with the TrustMeUp Digital Banking System in relation to its Campaigns listed on the Platform.
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) The Donor acknowledges that all Donations are made at the Donor’s own risk. When the Donor makes a Donation to an Organisation, it is the Donor’s responsibility to understand how his money will be used by the Organisation. TMU does not vet, check, verify and monitor any Campaign Details, Content or other information provided and uploaded by an Organisation on the Platform. 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) The Donor acknowledges that a certain minimum Donation amount may apply in a Campaign.
7) Donors are not permitted to impose restrictions on the use of Donations by an Organisation.
8) The Organisation may need to 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. The Donor irrevocably undertakes to provide such information. Funds may not be accepted by an Organisation unless the information specifically requested by the Organisation and/or any corresponding documentation are provided. The Donor acknowledges and confirms that 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.
7.2 - Receipts
1) Upon receiving and accepting a Donation, the Organisation will issue a receipt to the Donor.
2) The Donor acknowledges that TMU is responsible to provide an 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, in issuing any receipt as aforesaid, 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.
7.3 - Earning & Using PACs
1) For each one Euro (€1) donated by the Donor and received and accepted by an Organisation by way of a Donation in accordance with these Terms, TMU shall credit one (1) PAC in favour of the Donor. Fractional PACs may be created up to two (2) decimal places to reflect any corresponding fractional part of one Euro (€1) as may be donated by the Donor to the Organisation as aforesaid. Fractional PACs shall be automatically consolidated into a whole PAC when the fractional PACs credited to the Donor become equal to a whole PAC.
2) TMU shall credit each PAC to the specific wallet located within the Donor’s Account upon TMU receiving confirmation that the Organisation has successfully received and accepted the relevant Donation in accordance with these Terms.
3) The Donor may only use any PACs credited to and accrued by the Donor 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.
7.4 - Disputes
1) If a dispute arises between the Donor and an Organisation in relation to any Campaign or Donation, the Donor shall immediately inform TMU of the nature, circumstances and facts of such dispute. The Donor undertakes to use its best endeavours and efforts to resolve the dispute with the Organisation. 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 Donor releases TMU from any claims, demands and damages whatsoever resulting from or related to any such disputes.
8.1 - Account Safety
1) You are solely responsible to ensure that you do not disclose the password chosen by you and assigned for access to your Account to anyone, and if you suspect that your password has been compromised you should contact us immediately to provide you 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) Unless you are an Organisation or a merchant registered on the Platform, we reserve the right to close your Account in our sole discretion, without any reason, by giving you at least thirty (30) days’ written notice. The account will be closed on the date of expiry of the said notice period.
2) Unless you are an Organisation or a merchant registered on the Platform, you may close your Account for any reason by giving us at least thirty (30) days’ written notice. The account will be closed on the date of expiry of the said notice period.
3) If you are an Organisation or a merchant registered on the Platform, please refer to the Platform Documents that are applicable to you and which regulate the closure of your account with the Platform.
4) 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 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.
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.
10.1 Content belonging to TMU
1) The Platform and all Content as may from time to time be uploaded to or displayed on the Platform 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 unauthorized 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 Donors
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) 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.
3) 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.
4)TMU will only process your 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 the data controller in relation to such data. For further information about our privacy practices please refer to our Privacy Policy.
5) Whenever you submit 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. Any data supplied by TMU to Organisations as aforesaid is to be processed in terms of the Organisations’ privacy policy. The Organisations’ privacy policy may be different than TMU’s privacy practices so we encourage you to review the Organisations’ privacy policy carefully before you take any action which will result in your data being provided to them.
6) 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 - Content uploaded by Organisations
1) Third parties, such as Organisations, may from time to time upload Content on the Platform (“Organisation Content”). We are not responsible for such Organisation Content and we shall not be liable for any issue related thereto. The use of such Organisation Content may be subject to terms which are different from those set up above. Please liaise directly with the Organisation for conditions of use of such Organisation Content.
10.4 - Other
(2) 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.
1) TMU makes no representation as to whether all or any portion of the Donor’s 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 any Donor. A Donor should consult his tax advisor as to the amount of the Donation that may be tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction, and particularly if the Donor is to be awarded a gift or prize in connection with the making of a Donation.
2) TMU makes no representation as to the manner in which the receipt, holding and use of PACs by the Donor 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 Donor from time to time. The Donor 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 Donor 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 Donor. It is also the sole responsibility of the Donor to evaluate, collect, report, or remit the correct tax, if any, to the appropriate tax authority. The Donor should consult his tax advisor on such matters.
3) The Donor is reminded that tax law and practice and their interpretation, as well as the levels of tax to which the Donor 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.our particular circumstances, and professional advice in this respect should be sought accordingly.
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.
1) All information and Content provided by TMU relating to the Platform 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. A Donor who wishes to make a Donation to a Campaign hereby declares and confirms that it has independently verified any information provided by the Organisation on the Platform. You acknowledge that TMU does not vet, check, verify and monitor any Campaign Details, Content or other information provided and uploaded by any Organisation on the Platform, and that all information and Content accessed by you using the Platform is at your own risk.
2) 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 the Platform and access these third party websites, you do so at your own risk.
1) Your use of the Platform is at your sole risk. The Platform is made available to you 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. 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 will meet your requirements, (ii) the Platform will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Platform will be accurate or reliable, or (iv) the quality of any services, information, or other material obtained by you through the Platform will meet your expectations.
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 Platform, any Donation or Campaign, any Content, your connection to the Platform, 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 Platform; (ii) any Promotions and related prizes or rewards made available through the Platform; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Platform; or (v) any other matter relating to the Platform. 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 Donations made by you to any Organisation during the last six (6) months up to a maximum 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 the Platform or with these Terms or the TMU Rules & Policies, your sole and exclusive remedy is to discontinue use of the Platform.
1) These Terms, all Platform Documents and your use of the Platform 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 Platform.
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.
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
1) Use of the Platform 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.
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 which is not a public holiday in the Republic of Ireland.
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.
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