BVI Paradise Crowdfunding Terms of Service
BVI Paradise crowdfunding Terms of Service
COVID-19 NOTICE– As BVI Paradise crowdfunding looks to help individuals and businesses impacted by COVID-19, it is partnering with various third parties to help User’s cross promote fundraisers in order to drive more support. Such third parties that provide or facilitate links, tools, widgets or other features not only allow you to access other sites, services and resources provided by such third parties but also allow such third parties to access fundraisers and distribute fundraisers created on BVI Paradise crowdfunding without obtaining your consent. By starting a fundraiser on BVI Paradise crowdfunding and applying to be part of the various COVID-19 initiatives, you consent to your fundraiser being shared on each such third-party site and you agree to be bound by their respective privacy policies and terms of service.
Subject to these Terms of Service, as amended from time to time (“Terms of Service”), BVI Paradise crowdfunding provides (a) the BVI Paradise crowdfunding platform to you through its website at www.BVI Paradise crowdfunding.com and attendant mobile applications (the “BVI Paradise crowdfunding Platform”) and related services (collectively, the BVI Paradise crowdfunding Platform, including any new features and applications, the “BVI Paradise crowdfunding Services”), and (b) the BVI Paradise crowdfunding Charity platform to charities through its website at www.crowdfunding.bviparadise.com and attendant mobile applications (the “BVIPCF Charity Platform”), the BVI Paradise crowdfunding Charity widget (“ BVIPCF Charity Widget”) and the related services of both the BVICF Charity Platform and BVICF Charity Widget (collectively, the BVICF Charity Platform and BVICF Charity Widget, and related services, the “BVICF Charity Services”). If you are an organizer (as defined below), beneficiary to a fundraiser, comment contributor, or donor (collectively referred to herein as a “User”) located in the BVI, you are contracting with BVI Paradise crowdfunding. Unless specifically indicated otherwise, for purposes of the following Terms of Service, “BVI Paradise crowdfunding,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting.
ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE BVI PARADISE CROWDFUNDINGSERVICES OR BVICF CHARITY SERVICES (COLLECTIVELY “SERVICES”), YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision.
Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.
In addition, when using the Services, and unless you are in European Economic Area, the United Kingdom, and Switzerland (“Europe”), you will be subject to additional applicable policies including without limitation. All such terms are hereby incorporated by reference into these Terms of Service (provided, however, these Terms of Service will take precedence in the event of conflict). We shall resolve any such conflicts in our sole discretion, and all of our determinations are final.
ACCESS AND USE OF THE SERVICES
BVI Paradise crowdfunding Services Description: The BVI Paradise crowdfunding Services are offered as a platform to allow an individual, entity or non-profit organization (the “Organizer”) to post a fundraiser (“Fundraiser”) to the BVI Paradise crowdfunding Platform to accept monetary donations (“Donations”) from donors (“Donors”). Neither the Organizer nor the Fundraiser will provide goods or services in exchange for Donations.
BVICF Charity Services Description: The BVICF Charity Services are offered as a platform to allow an Organizer to accept Donations from Donors for a charitable purpose. This means that in connection with BVICF Charity, either the Organizer or beneficiary of the Fundraiser (“Beneficiary”) must be a non-profit organization and established as such under the applicable laws of incorporation (“Charities”). For example, in the BVI, raising funds for a charitable purpose.
Payment Processor: BVI Paradise crowdfunding is not a payment processor and does not hold any funds. Instead, BVI Paradise crowdfunding uses third-party payment processing partners to process Donations for a Fundraiser(“Payment Processor”). You acknowledge and agree that the use of Payment Processors are integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of Services.
Transaction Fees: Although there are no fees to set up a Fundraiser, please keep in mind that transaction fees, including credit and debit charges, are deducted from each donation(hereinafter and on the website referred to as “Platform Fees”). To learn more about the BVI Paradise crowdfunding Platform, the platform fees for each campaign at 5% , the payment processor 1.4% + €0.25 on card transactions within the EEA , 2.5% + €0.25 on card transactions from the UK 2.9% + €0.25 on other international card transactions
The Services are platforms; We are not a Broker, Financial Institution, Creditor, or Charity: The Services are administrative platforms only. BVI Paradise crowdfunding facilitates the Fundraiser of the Organizers and permits Donors to make donations to these Fundraisers. BVI Paradise crowdfunding is not a broker, agent, financial institution, creditor, or nonprofit corporation.
All information and content provided by BVI Paradise crowdfunding relating to the Services are for informational purposes only, and BVI Paradise crowdfunding 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 decisions regarding any Fundraisers, Charities, Donations, Donors, or any information or content relating to the Services, you should consult your financial, legal, tax, or other professional advisors as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
BVI Paradise crowdfunding has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Fundraiser will obtain a certain amount of Donations or any Donations at all. We do not endorse any Fundraiser, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Fundraiser. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User, Fundraiser, or event.
No Solicitation: The BVI Paradise crowdfunding and BVICF Charity Platforms (collectively “Platforms”) are offered to help Organizers raise money. BVI Paradise crowdfunding merely provides the technology to allow Fundraisers to connect with Donors. The existence of the Services is not a solicitation of donations by GBVI Paradise crowdfunding, and BVI Paradise crowdfunding does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that BVI Paradise crowdfunding shall not be responsible for the use of your Donations or the number of funds raised for the User, Fundraiser, or event.
Text messages: When setting up your BVI Paradise crowdfunding account, if you click “Send code” by “Text Message,” you agree to receive automated text messages from or on behalf of BVI Paradise crowdfunding at the phone number provided. You can reply STOP to such text messages to cancel. Message frequency will vary. Message and data rates may apply. This is only applicable if we provide it on the sign-up form.
Donors: All Donations are at your own risk. When you make a Donation through either of the Platforms, it is your responsibility to understand how your money will be used. BVI Paradise crowdfunding is not responsible for any offers, promises, rewards or promotions made or offered by Users or Fundraisers; such conduct violates these Terms of Service. We do not and cannot verify the information that Users or Fundraisers supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Fundraiser or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised. If you have reason to believe that a User or Fundraiser is not raising or using the funds for their stated purpose, please use the “Report” button on the Fundraiser to alert our team of this potential issue and we will investigate.
- Donors are not permitted to impose restrictions on the use of Donations by a Charity or Event Organizer (defined hereinafter). To the extent that a Donation is made in response to an appeal for a particular program of a Charity or Event Organizer, or to the extent that a Donor purports to direct the use of Donations by a Charity or Event Organizer, any such directions shall constitute non-binding recommendations only and the Charity or Event Organizer shall have full discretion to determine how all Donations will be used.
- BVI Paradise crowdfunding makes no representation as to whether all or any portion of your Donations, including, if any, Transaction Fees, are tax-deductible or eligible for tax credits. BVI Paradise crowdfunding will have no liability for any claim by any federal, state, provincial, territorial, local, or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any User, or any Charity. You should consult your tax advisor as to the amount of your Donation that is 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.
Organizer: You, as an Organizer, represent, warrant, and covenant that (is) all information you provide in connection with a Fundraiser or Beneficiary is accurate, complete, and not likely to deceive reasonable Users; (ii) all Donations contributed to your Fundraiser will be used solely as described in the materials that you post or otherwise provide; (iii) if you withdraw donations believed by reasonable Donors to be raised on behalf of someone other than you (i.e., the Beneficiary), all Donations will be given to and/or spent on behalf of the Beneficiary; (iv) if you add a Beneficiary through the Services, you relinquish control of the Donations, including the ability to issue refunds; (v) you will not infringe the rights of others; (vi) you 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 for your Fundraiser; (vii) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us; and (viii) you will not provide goods or services in exchange for Donations. You authorize GBVI Paradise crowdfunding, and BVI Paradise crowdfunding reserves the right to, provide information relating to your Fundraiser to Donors, beneficiaries of your Fundraiser, or law enforcement, and to assist in any investigation thereof.
If you use the Services as an agent of a Charity using the Services to raise funds for such Charity, you represent and warrant that: (a) you are a representative of the Charity, which representative is authorized to raise funds or bind the Charity to these Terms of Service; (b) you are raising funds for a Charity, with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; (c) all donated funds will be used solely for the purpose you have stated on and in connection with your Fundraiser, and under no circumstances may you use the funds for any other purpose; (d) your Charity has and will maintain tax-exempt status under applicable law (example, the Internal Revenue Code in the United States or the Income Tax Act in Canada); and (e) if your Charity is in the United States, your Charity is registered with GuideStar or the IRS tax exempt organization database, or, in Canada, is listed in the Canada Revenue Agency’s database of registered charities.
Your Registration Obligations: You may be required to register with BVI Paradise crowdfunding in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current, and complete information about yourself or your Charity as prompted by the Services’ registration form. Organizers must register using their true identities (or the identities of the Charities’ authorized representatives), including their name, address and any image or video purporting to depict the Organizer or the Beneficiary of such Fundraiser. You agree to keep registration information current and up to date.
The BVCF Charity Services include the features and services described here. All donations are subject to a Transaction Fee for each donation. Donors have the option to cover all Transaction Fees at checkout.
- Chargebacks and Refunds. Occasionally, a Donor may dispute a credit card charge for a Donation through the Services.
- If Donations are refunded to the Donor by stripe and Stripe already remitted the payment to the Charity, Stripe will deduct the chargebacks or refunds from future payments to the Charity, and if necessary, issue an invoice to the applicable Charity. The applicable Charity expressly agrees that it will be responsible for paying Stripe the full amount of any Donation refund due to a Donor. Stripe Giving Fund may elect to offset a future Donation rather than requesting that the Charity return the refunded Donation.
- If such Donations were made through stripe, the Charity has control over the Donations and Charity, rather than BVI Paradise crowdfunding, is responsible for issuing refunds and handling chargebacks directly with Donors.
- You acknowledge that certain data is available or otherwise accessible on
- If you are the authorized representative of a Charity, and you do not wish for your Charity to appear in BVI Paradise crowdfunding’s searchable database, you may contact us at BVI Paradise crowdfunding.com to request that your Charity be removed from our database. Your email should include your full name, title, and an email address and phone number associated with your Charity. Please note that if your Charity is removed from the BVI Paradise crowdfunding’s database, it will not be eligible to receive contributions through either of the Platforms.
- Receiving Funds. As a Charity, receipt of Donations, minus any applicable Transaction Fees, is based upon and subject to the applicable Payment Processor’s procedures and terms. Available Processors are described under “Payment Processors for Charities on BVICF Charity Platform” below. BVI Paradise crowdfunding is not a payment processor and does not hold funds.
- BVI Paradise crowdfunding does not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable international, federal, state, local, or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).
Ownership of Donor Lists and Data
- BVI Paradise Crowdfunding Platform. As between BVI Paradise crowdfunding and Charity using the BVI Paradise crowdfunding Platform, Charity may request Donor Lists (defined below) and Donor Data (defined below) for compliance and transactional purposes.
Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify BVI Paradise crowdfunding of any unauthorized use of your password or account or any other breach of security, and (b) sign out from your account at the end of each session when accessing the Services. BVI Paradise crowdfunding will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Services: BVI Paradise crowdfunding reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) 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.
Content Manifestly Made Public by the User.
Other Information: Please be advised that User Content and other information, solicited or unsolicited, that you provide to BVI Paradise crowdfunding may be publicly accessible, such as information you post in forums, comment sections or in response to surveys we may send out. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, “Other Information”). By sending us Other Information, (a) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Other Information; (b) you acknowledge that we may have something similar to the Other Information already under consideration or in development; (c) you agree that BVI Paradise crowdfunding will be entitled to the unrestricted use and dissemination of the Other Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (d) you represent and warrant that you have all rights necessary to submit the Other Information; (e) to the extent necessary, you hereby grant to BVI Paradise crowdfunding fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Other Information, and to sublicense the foregoing rights; and (f) you irrevocably waive, and cause to be waived, against BVI Paradise crowdfunding and its users any claims and assertions of any moral rights contained in such Other Information. This Other Information section shall survive any termination of your account or the Services.
You acknowledge and agree that BVI Paradise crowdfunding may preserve Other Information, as well as User Content, and may also disclose your Other Information or User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of BVI Paradise crowdfunding, its users or the public.
Third-Party Communications: If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a Fundraiser or a donation), either by submitting Third-Party Data to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by BVI Paradise crowdfunding to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to (a) contact such third party using the Third-Party Data provided, and/or (b) provide you with an editable template message designed to facilitate communications between you and such third party through the Services. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communication sent to third parties using Third-Party Data will provide a means to “opt out” of receiving further communication of the same nature.
Promotions on the Platforms: You are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstakes or similar activity (each, a “Promotion”) on or through the Services.
Sales Prohibited on the BVI Paradise crowdfunding Platform: You are not permitted to offer any good or service in exchange for a Donation on the BVI Paradise crowdfunding Platform.
Events on the BVICF Charity Platform: BVICF Charity Services enables Charities to offer and users to register for events, such as marathons, walks, rides, and other similar events (collectively, “Events”) which may require a registration fee, as determined by the organizers of these events (“Event Organizers”). Event Organizers may establish a page on the BVICF Charity Platform that provides details about their Event and provides the ability to collect Event registration fees through BVICF Charity Services. Event Organizers shall be solely responsible for such Events, including but not limited to any participation requirements, obtaining any and all necessary permits and waivers, and ensuring such Event complies with applicable law. Event Organizers shall be solely responsible for determining the amount of Event registration fees and providing any associated discounts, promotions, or refunds.
- Fees. Event Organizers that use the BVICF Charity Services to process Event registrations agree to pay BVI Paradise crowdfunding a Transaction Fee for each Event registration as set forth
- Receipt of Registration Fees. Receipt of registration fees, minus any applicable Transaction Fees, is based upon and subject to the Payment Processor’s procedures and terms.
- BVI Paradise Crowdfunding does not withhold funds for tax purposes or otherwise. Event Organizers will be solely responsible for taxes based on applicable international, federal, state, local, or any other taxes or levies.
- Chargebacks and Refunds. Occasionally, an Event Registrant may dispute a credit card charge for a Donation through the BVICF Charity Services. All refunds for event registrations are handled by Event Organizers. BVI Paradise Crowdfunding is not responsible for handling or communicating an Event Organizer’s refund policy or processing refunds, including without limitation for any errors processing a refund, the failure to provide a refund, the failure of an Event Organizer to communicate about a refund, or any chargebacks related to a refund. Donors should contact an Event Organizer concerning a refund. Event Organizers agree to deal exclusively with Event registrants concerning refunds.
Data Retention: You acknowledge that BVI Paradise crowdfunding has no obligation to you to retain data relating to any account or Fundraiser. You acknowledge that BVI Paradise crowdfunding reserves the right to delete data or to terminate accounts or Fundraisers 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. The foregoing does not apply to Fundraisers or accounts started by Charities on either Platform, in which case BVI Paradise crowdfunding will provide reasonable notice where possible.
Mobile BVI Paradise crowdfunding Services: The BVI Paradise crowdfunding Services include certain features that may be made available via a mobile device, including the ability to (I) upload User Content to the BVI Paradise crowdfunding Platform, (ii) browse the BVI Paradise crowdfunding Platform and (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent, you access Mobile Services, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your BVI Paradise crowdfunding account information to ensure that your messages are not sent to the person that acquires your old number.
If you are a User located in BVI references to “BVI Paradise crowdfunding”, “we”, “us”, “our” and other similar terms in this section (Prohibited Conduct) shall be read as references to BVI Paradise crowdfunding
You are solely responsible for compliance with all applicable law in relation to your Fundraiser or use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use (hereinafter, “Upload”). If you are not the beneficiary of the Fundraiser you organize, you agree to deliver funds to the ultimate beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.
The following are examples of User Content and/or use that is illegal or prohibited by BVI Paradise crowdfunding. This list is not exhaustive and we reserve the right to remove any Fundraiser and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms of Service. As we investigate your Fundraiser, a User, or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User Content, suspend or terminate your account, stop payments to any such Fundraiser, freeze or place a hold on Donations, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users.
Without limiting the foregoing, you agree:
- not to use the Services to raise funds or establish or contribute to any Fundraiser with the implicit or explicit purpose of or involving:
- the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services;
- any election campaigns that are not run by a registered organization within the supported country;
- User Content or fundraisers that are fraudulent, misleading, inaccurate, dishonest, or impossible;
- drugs, narcotics, steroids, controlled substances, pharmaceuticals, or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
- knives, explosives, ammunition, firearms, or other weaponry or accessories;
- annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check to cash or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
- gambling, gaming, and/or any other activity with an entry fee and a prize, including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions, and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes;
- User Content or reflecting behavior that we deem, in our sole discretion, to be an abuse of power or in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases;
- for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases, financial crimes or crimes of deception;
- activities with, in, or involving countries, regions, governments, persons, or entities that are subject to BVI, U.S., and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
- funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
- pornography or other sexual content;
- offensive, graphic, perverse or sensitive content;
- collecting payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on fundraisers or an attempt to bypass or otherwise circumvent the designated method of payment as provided by BVI Paradise crowdfunding;
- credit repair or debt settlement services;
- the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Fundraiser;
- publication or removal of User Content (such as mug shots), where the primary purpose of posting such User Content is to cause or raise concerns of reputational harm;
- sale or resale of a good or service;
- aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
- counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
- products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
- unauthorized sale or resale of a brand name or designer products or services;
- sale of goods or services that are illegally imported or exported;
- processing where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
- collecting or providing funds for any purpose other than as described in a Fundraiser description;
- any other activity that BVI Paradise crowdfunding may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
- any other activity that BVI Paradise crowdfunding may deem in its sole discretion to be unacceptable.
- not to use the Services to transmit or otherwise upload any User Content that (I) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software virusLookes or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of GBVI Paradise crowdfunding, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose BVI Paradise crowdfunding or its users to any harm or liability of any type;
- not to interfere with or disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- not to harvest, collect or publish personally identifiable information of others;
- not to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor;
- not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party;
- not to use another User’s account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Fundraiser through the Services, or post User Content in any inappropriate category or areas on the Services;
- not create any liability for BVI Paradise crowdfunding or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
- not to engage in any conduct that, in BVI Paradise crowdfunding’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Services;
- not to interfere with or disrupt any servers or networks used to provide the Services or their respective features, or disobey any requirements of the networks BVI Paradise crowdfunding uses to provide the Services;
- not to gain unauthorized access to the Services, or any account, computer system, or network connected to these Services, by any unauthorized or illegal means;
- not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
- not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted;
- not to, on the BVICF Charity Platform, engage in advertising or commercial solicitation of any product or service without BVI Paradise crowdfunding’s written consent, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted;
- transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
- attempt to undertake indirectly any of the foregoing.
Additionally, with respect to all Donations you make or accept through the Services, you agree:
- not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent;
- not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the BVI or United States Office of Foreign Asset Control (OFAC);
- to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by BVI Paradise crowdfunding from time to time;
- to maintain a copy of all electronic and other records related to Fundraisers and Donations as necessary for BVI Paradise crowdfunding to verify compliance with these Terms of Service and make such records available to BVI Paradise crowdfunding upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
- at BVI Paradise crowdfunding’s request, including without limitation in case of investigations by BVI Paradise crowdfunding, a payment processing partner, or regulatory or governmental authority, to fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
BVI Paradise crowdfunding reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, business partners, the public, or BVI Paradise crowdfunding, or that expose you, BVI Paradise crowdfunding, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services.
Donations: In order to contribute to a Fundraiser or to a Charity, a Donor will be required to provide BVI Paradise crowdfunding information regarding the Donor’s credit card or other payment instruments (“Payment Instrument”) that is linked to the Donor’s account on the Services (a “Billing Account”). You, as a Donor, represent and warrant to BVI Paradise crowdfunding that such information is true and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply and that all Donations are final and will not be refunded unless BVI Paradise crowdfunding, in its sole discretion, agrees to issue a refund, for example in accordance with the BVI Paradise crowdfunding Guarantee. BVI Paradise crowdfunding uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Fundraiser, the Donor agrees to the processing, use, transfer, or disclosure of data by the Payment Processors pursuant to any and all applicable terms set forth by our payment partners (currently, Stripe, Inc., ), in addition to these Terms of Service, including, Stripe’s terms of service BVI .
Recurring Donations: Donors may have the option to contribute recurring period Donations (your agreement to make the Donations on a recurring basis, a “Donation Subscription” and each individual Donation made in connection with a Donation Subscription, a “Donation Installment”), and in electing to contribute on a recurring basis, you, as a Donor hereby acknowledge that Donation Subscriptions automatically renew and have a recurring payment feature and that unless and until you opt-out of the auto-renewal of the Donation Subscription, which can be done through the Platforms, any Donation Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the initial term originally selected. In connection with each of your Donation Subscriptions, you (I) hereby authorize BVI Paradise crowdfunding to bill your Payment Instrument in the amount of the applicable Donation Installments in advance on a periodic basis until you terminate such periodic payments by opting out of the Donation Subscription, (ii) accept responsibility for payment of all Donation Installments occurring prior to opting out and (iii) agree to promptly update your Billing Account with any changes (for example, any changes related to your Payment Instruments, such as a change in your billing address or credit card expiration date). Changes to or termination of Donation Subscriptions or Donation Installments will apply only to Donation Installments that take place after BVI Paradise crowdfunding receives notice of such change or termination. BVI Paradise crowdfunding does not provide refunds of any amounts received in connection with previously made Donation Installments. Additionally, by enrolling in any Donation Subscriptions, you acknowledge and agree for any and all such Donation Subscriptions, that (a) the ongoing maintenance and operation of Donation Subscriptions and each Donation Installment are the sole responsibility of, and subject to the sole discretion of, the individual or entity responsible for managing and receiving the Donation Subscription (e.g., the applicable Fundraiser Organizer or Charity), (b) individual Donation Installments may not be tax deductible, even if previous Donation Installments for the same Donation Subscription were, and the amount of each Donation Installment that is tax deductible may vary, (c) one or more specific Donation Installment may not be provided to or received by the applicable cause, charity or Fundraiser if such cause, charity or Fundraiser becomes unavailable, unable to accept Donations, or chooses to stop receiving Donations, which may occur for various reasons, such as if the cause, charity or Fundraiser becomes subject to an investigation or is suspended or removed from the Services by BVI Paradise crowdfunding or (d) the amounts actually received by the applicable Fundraiser, Charity or cause may differ from one Donation Installment to the next (for example, if the Transaction fees associated with the Donation Installment change).
Your non-termination of a Donation Subscription reaffirms that BVI Paradise crowdfunding is authorized to charge your Payment Instrument for the Donation Subscription in accordance with these terms. This does not waive our right to seek payment directly from you.
Organizers, Beneficiaries or Charities
Account Holds: From time to time, BVI Paradise crowdfunding may, in its sole discretion, place a hold on a Fundraiser account (a “Hold”), restricting Withdrawals (defined herein), initiate a reverse ACH transfer, secure reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons that we may take such actions include, but aren’t necessarily limited to, the following: (I) if we have reason to believe (in our sole discretion) that information provided by an Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available (as determined by BVI Paradise crowdfunding in its sole discretion) should be provided directly to a person other than the Organizer (such as a legal beneficiary or person entitled by law to act on behalf of an Organizer), (iii) if we have reason to believe that a Fundraiser or Organizer has violated these Terms of Service, (iv) if BVI Paradise crowdfunding determines that the Organizer is colluding with donors to engage in fraudulent activity, (v) if we have reason to believe (in our sole discretion) that there may be suspicious or fraudulent donation activity, or (vi) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed it on your Fundraiser account.
Withdrawing Donations from a Fundraiser: While BVI Paradise crowdfunding strives to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and BVI Paradise crowdfunding does not guarantee that Withdrawals will be available to you within any specific time frame, and BVI Paradise crowdfunding expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as an Organizer, are responsible for ensuring that the information you provide to BVI Paradise crowdfunding in order to process a Withdrawal, including your bank account information, is accurate and up to date. BVI Paradise crowdfunding may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Donation(s) with or without consulting with you, which may comprise the entire amount donated to your Fundraiser. BVI Paradise crowdfunding is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by BVI Paradise crowdfunding issuing refunds, including, but not limited to transaction or overdraft fees.
BVI Paradise crowdfunding uses Payment Processors to process Donations for your Fundraiser and thereafter deliver them to you. In order to withdraw funds from a Fundraiser, an Organizer or, if not the same, Beneficiary (collectively “Withdrawing Entity”) will be required to provide the Payment Processor information regarding bank account information (“Withdrawing Account”). You, as Withdrawing Entity, represent and warrant to Payment Processor and BVI Paradise crowdfunding that such information is true and that you are authorized to use the applicable Withdrawing Account.
By setting up a Fundraiser or accepting the role of Beneficiary to a Fundraiser, the Withdrawing Entity agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to any and all applicable terms set forth by the applicable Payment Processors (currently, Stripe, Inc., ), in addition to these Terms of Service, including , Stripe’s terms of service, Stripe’s Connected Account Agreement
Payment Processors for Charities on BVICF Charity Platform
BVI Paradise crowdfunding has partnered with Stripe to make raising money and donating to Charities easy and seamless. All Charities in the BVI have the option of using Stripe to process donations made through the Services ( Stripe is the default choice). The manner in which transactions are processed is explained below. Currently, all Event registrations are processed through Stripe, depending on which Payment Processors the Event Organizer has chosen to use. Charities are required to use Stripe to process Donations.
BVICF harity Widget
Each BVICF Charity Widget is a software tool that you may place on your website to permit your visitors to access our Services. Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the BVICF Charity Widget on your website for your own personal or internal business purposes. We reserve the right to discontinue providing any BVICF Charity Widget at any time, or to direct you to cease displaying, or otherwise using, any BVICF Charity Widget for any or no reason, without liability to you or any third party. You may not use the BVICF Charity Widget for any other purpose without our prior written consent, and nothing in the Terms shall be deemed to grant you any right, title or interest in the BVICF Charity Widget. In addition, you may not, with any products or services for sale:
- Use the BVICF Charity Widget (or any content displayed in connection with or through it) in any manner that would constitute an endorsement by us of any product, service, activity or brand contained on your website;
- Place the BVICF Charity Widget on any website that includes content that is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic, or otherwise inappropriate, as determined by us in our sole discretion; or
- Use the BVICF Charity Widget in any manner that prevents the end users of your website from linking directly to the application page of our BVICF Charity Services.
Special Notice for International Use; Export Controls
Software (defined below) available in connection with the Services and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the United States or other jurisdictions. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.
INTELLECTUAL PROPERTY RIGHTS
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by BVI Paradise crowdfunding, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, the Services Content, or Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Services. In connection with your use of the Services, you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by BVI Paradise crowdfunding from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of BVI Paradise crowdfunding, our affIliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by BVI Paradise crowdfunding.
The BVI Paradise crowdfunding name and logos are trademarks and service marks of BVI Paradise crowdfunding(collectively the “BVI Paradise crowdfunding Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to GBVI Paradise crowdfunding. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of BVI Paradise crowdfunding Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of BVI Paradise crowdfunding Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will BVI Paradise crowdfunding be liable in any way for any content or materials of any third parties (including Users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that BVI Paradise crowdfunding does not pre-screen User Content, but that BVI Paradise crowdfunding and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any User Content that is available via the Services 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.
User Content Transmitted Through the Services: With respect to the User Content, you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy-related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Services, you hereby grant and will grant BVI Paradise crowdfunding and its affiliated companies and users a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless BVI Paradise crowdfunding and its contractors and employees, from (it) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of BVI Paradise crowdfunding in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or BVI Paradise crowdfunding’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (I) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Services Content or User Content from the Services.
Payment Card Industry Data Security Standard: The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standard is to maintain controls around cardholder data to reduce credit card fraud.
Copyright Complaints: BVI Paradise crowdfunding respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify BVI Paradise crowdfunding of your infringement claim in accordance with the procedure set forth below.
BVI Paradise crowdfunding will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to BVI Paradise crowdfunding’s Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:
BVI Paradise crowdfunding Copyright Agent:
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, BVI Paradise crowdfunding will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, BVI Paradise crowdfunding has adopted a policy of terminating, in appropriate circumstances and at BVI Paradise crowdfunding’s sole discretion, users who are deemed to be repeat infringers. BVI Paradise crowdfunding may also at its sole discretion limit access to or terminate the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
THIRD PARTY WEBSITES/SERVICES
The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third Party Resources”). BVI Paradise crowdfunding has no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and BVI Paradise crowdfunding is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge that BVI Paradise crowdfunding is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Resources. You further acknowledge and agree that BVI Paradise crowdfunding will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such Third Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources. As an example of this, if you use the BVI Paradise crowdfunding Platform through your mobile device, and you upload a video to a fundraiser, that video will be uploaded using YouTube, and subject to the YouTube Terms of Service. And you agree that BVI Paradise crowdfunding is not liable for any loss or claim that you may have against any such third party.
INDEMNITY AND RELEASE
You agree to release, indemnify on demand and hold BVI Paradise crowdfunding and its affiliates and their officers, employees, directors 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 Fundraiser, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that BVI Paradise crowdfunding has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify BVI Paradise crowdfunding for the costs of its defense (including, but not limited to attorney’s fees.) which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction—in or outside of the BVI—you waive any comparable statute or doctrine.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BVI PARADISE CROWDFUNDINGAND 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.
BVI PARADISE CROWDFUNDINGAND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BVI PARADISE CROWDFUNDINGNOR 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 BVI PARADISE CROWDFUNDINGHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, 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) UNAUTHORIZED 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 GBVI PARADISE CROWDFUNDING’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BVI PARADISE CROWDFUNDINGIN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
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 OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration; Class Action Waiver. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.
The Process. Any arbitration between you and us will be settled under the BVI financial Act
Fees. If you commence arbitration in accordance with these Terms of Service, we will reimburse you for your payment on court decision.
- No Class Actions. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- Enforceability. If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms of Service.
Confidentiality. We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.
You agree that BVI Paradise crowdfunding, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any User Content or data 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.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and BVI Paradise crowdfunding will have no liability or responsibility with respect thereto. BVI Paradise crowdfunding reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
These Terms of Service constitute the entire agreement between you and BVI Paradise crowdfunding and govern your use of the Services, superseding any prior agreements between you and BVI Paradise crowdfunding with respect to the Services. You also may be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the BVI without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and BVI Paradise crowdfunding agree to submit to the personal and exclusive jurisdiction of the courts located within BVI The failure of BVI Paradise crowdfunding to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of BVI Paradise crowdfunding, but BVI Paradise crowdfunding may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platforms. BVI Paradise crowdfunding may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms shall prevent BVI Paradise crowdfunding from complying with the law. BVI Paradise crowdfunding shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.