TERMS OF USE OF COLLECTIM PLATFORM

We welcome You to www.collectim.com, a platform operated by Collectim Ltd.

This Agreement sets forth the terms and conditions of User’s (“User”, “You”) use of the Service (the “Service”), provided by Collectim (“Collectim”, “Provider”, “We”, “Us”).

1. COLLECTIM COMPANY INFORMATION

2. DEFINITIONS

Cookies shall mean a small piece of data sent from a web server and stored in a User's web browser allowing the server to collect data from the browser.

(Web)Browser shall mean a software application for retrieving, presenting and traversing information resources on the internet via different transfer protocols.

Contributor shall mean any individual who contributes funds to a Campaign regardless of the amount of the Contribution.

Campaign shall mean a project or a cause created using our Service with the purpose of collecting funds for personal causes or on behalf of an organization.

Reward shall mean a tangible incentive provided by the Campaign Owner in order to motivate the Contributor to provide a Contribution.

Organization shall mean a business company, non-profit organization, academic institution or another entity with a collective goal.

Payment Processor shall mean the company appointed by us to handle the payment of Contributions on the Collectim Platform.

Platform shall mean the website www.collectim.com and its related communication interfaces, databases and functional modules.

User shall mean any individual who uses the Platform, creates a Campaign or contributes to a Campaign.

Agreement, Terms shall mean these Terms, including the Privacy Policy and the Copyright Policy that form an integral part of the Terms.

Campaign Owner shall mean any individual who creates a Campaign on the Platform. The Campaign Owner has access all features and tools of a Campaign – editing, modifying, sharing, social networks, Users, and Contributions.

Contribution Fee shall mean a portion of the Contribution collected by Collectim from the Campaign Owner.

Website shall mean a set of related web pages, including pictures, video, content and/or other digital resources accessible through an Internet address known as a Uniform Resource Locator (URL) in an IP based network. In these Terms our website www.collectim.com shall be referred to as the Website.

Web Beacons shall mean objects that allow a website to track the number of its web visitors and to access their cookies.

Hyperlink is a digital reference link that points from a webpage to 1) other webpages within the same website or 2) webpages of another website.

3. SERVICE

Collectim provides an easy to use Platform for collection of funds for personal projects. Our team is doing our best to allow Users to share their personal stories, needs, desires, ideas, and projects for development in order to make the world sympathetic to them while seeking help for their realization.

The Service provided by us is an information society service according to the applicable laws. The Service consists of a provision of an online platform for organizing and publishing Users` Campaigns.

We provide and You agree to use the Service according to these Terms and the details published on the Website.

4. SERVICE FEE AND PAYMENT TERMS

Fees

Creating a Campaign is free of charge. As soon as the Campaign starts accumulating Contributions, Collectim shall charge the Campaign Owner a 5% Contribution Fee per each Contribution. Collectim shall not charge the Contributor. The Campaign Owner pays to the respective Payment Processor corresponding fees as listed below: You are responsible for paying all fees and taxes associated with Your use of the Service.

Payments

Collectim pays Campaign owners based on the following scheme:

Collectim shall not be liable for the services of the Payment Processor. By using the Service You agree to be bound by the PayPal Acceptable Use Policy https://www.paypal.com/us/webapps/mpp/ua/acceptableuse-full.

5. REFUND POLICY

The Contributor shall request all refund claims directly to the Campaign Owner. The refund is made through the services of the Payment processor according to their Terms of Use. We shall not be liable for refunds of the Contributions.

For a refund of the Contribution Fee, the Campaign Owner must:

6. TECHNICAL STEPS TO FOLLOW TO CONCLUDE THE CONTRACT

By clicking “Enter with Facebook”, “I accept”, “Registration” or another statement expressing consent, the Users agrees that have read these Terms, agree to and is bound by these Terms. Collectim shall confirm Your registration by sending a confirmation to Your e-mail address. After the confirmation has been sent, Your account is created and the agreement between Collectim and You enters into force. This contract is concluded at the time of initial registration (Log in) by the User to the Platform using a valid personal Facebook account. Since Your Facebook or other social media profile is used for registration in the Platform, a party to the Agreement is the person whose Facebook or other social media profile has been used to the registration in Collectim. You agree that we have the right to access Your Facebook or other social media personal information needed for User identification and for the use of the Service. The Agreement is drafted and can be concluded in both Bulgarian and English language. In case of conflict between the two versions, the Terms in Bulgarian shall govern. The agreement between You and Collectim shall consists of these Terms accessible at http://collectim.com/legal/terms/ including all amendments and modifications, the Privacy Policy and the Copyright Policy. Collectim includes in the Platform interface technical means for identifying and correcting input errors prior to the conclusion of the agreement.

7. RIGHT OF WITHDRAWAL

You have the right to withdraw from the contract without penalty and without giving any reason within seven working days as of the day of the conclusion of the contract. You may exercise Your Right of Withdrawal by sending a notice to Collectim using Collectim contact details. You Right of Withdrawal shall not apply if the provision of the Service has begun, with Your agreement, before the end of the seven working day period referred to above. The provision of the Service is deemed begun as of the time of creation of a Campaign or a submission of Contribution to a Campaign by You.

8. PROVISION AND USE OF SERVICE

By using the Platform You agree to: You must be 18 (or older in accordance with the legal age in Your Territory) to use the Service. We have the right to request a documentary proof of Your age and we can suspend Your Campaigns until such proof is provided. Accessing the Service is prohibited from territories where the Content is illegal. If You access the Service from other locations, You do so at Your own initiative and are responsible for compliance with local laws. Specifically, you agree to comply with all applicable laws regarding electronic commerce and charitable funding, and regarding the transfer of personal data from the EU to Third Countries or the country in which you reside. It is of uppermost importance for us to provide a properly operating Service and we shall deal with properly substantiated requests for support within a reasonable period of time. We cannot guarantee the accuracy, completeness or timeliness of responses or support provided. Support shall only be provided on working days during our standard business hours. We may continue to provide the Service using a new or amended version of the software. We shall not be obliged to maintain, change or add certain features or functionalities of the Service or the software specifically for the Users. Nothing in this agreement shall be construed to as to grant by implication or otherwise any license or permission to You to receive, change, modify or use the source code of the software used for the Service. We shall provide all services on the as-is basis without any direct or indirect warranty. We may temporarily suspend the Service in full or in part for the purpose of carrying out preventive, corrective or adaptive maintenance. You agree to receive notifications, as well as our regular newsletter e-mails emails sent by us in order to be supplied with information regarding the Service and products and services, related to the Service. By accepting these Terms, You declare Your consent to receive such commercial messages. This agreement must be consented to by Collectim, who has the right to deny You Service without giving any reason.

9. RESTRICTIONS ON USE

By accepting these Terms, You agree not to use the Service for the following purposes:

Offering, sale and distribution of: Participation in, encouragement, support, facilitation, splicing, engaging in activities that violate the applicable legislation and good practices or at our discretion include or may lead to: You acknowledge that we act only as a passive conduit for the online distribution and publication of the content of Your Campaigns, without any obligation to monitor the content or disputes arising between Users. You are responsible to protect Your own material from malicious activities.

Notwithstanding the foregoing, You acknowledge and agree that Collectim is entitled to: You agree that we can perform the above actions without notice and we shall not be liable for any damage and without necessarily consulting with third parties. Until the eventual termination of the relationship for any reason You are bound by these Terms.

10. CAMPAIGN

Creating a Campaign

To create the Campaign, it is not necessary to make a separate registration on the Website. To create a Campaign, You must have a valid personal Facebook account and enter with it in the Platform, which is equivalent to registration in the Platform. To create a Campaign, You must also have a valid PayPal account. All payments in the Platform are processed by PayPal.

In order to start the Campaign, it must meet the following conditions: Campaign Owner is responsible for payment of all taxes and fees in connection with the submitted Contributions.

Raising Funds for the benefit of Organizations

Campaign Owner should provide Collectim and the Payment Processor with the relevant documents certifying that the organization authorizes the Campaign Owner to represent it. For detailed information on the required documents, please send a request to .

Raising Funds for the benefit of third party individuals

The Campaign Owner should provide Collectim with documents proving that the Campaign Owner is authorized to represent the third party and to raise funds on their behalf.

Campaign Contributions

The Contributor is solely responsible for examining the Campaign published on the Website before deciding to contribute funds in the Campaign. All Contributions are made entirely voluntary at the discretion of the Contributor on his own account and risk.

Collectim does not warrant that: Collectim does not guarantee the quality, morality and legality of Campaigns, Rewards or Contributions. We cannot guarantee the authenticity of the third party content published on the Website. The Contributor is responsible for reporting and payment of any tax or other liabilities in connection with the Contribution or Reward.

11. REWARDS

The rewards are the incentive provided by the Campaign Owner to their potential Contributors. Campaign Owner agrees with the following conditions: In the event You are issued a refund on Your Contribution, You will no longer be entitled to delivery of any Reward associated with Your Contribution.We reserve the right to suspend Your Campaign if we determine that Your Reward is not in accordance with the law, morality and these Terms. Collectim shall not be liable for any damages or losses related to the Rewards or use of the Service. We have no obligation to participate in disputes between Users or between Users and third parties in connection with the use of Service, including the supply of goods and services, execution of contracts, conditions, warranties and other.

12. SECURITY

Access to the Platform is provided through Facebook login. You are responsible for maintaining the confidentiality of Your Facebook access data and for all activities carried out on behalf of Your account in the Platform. You agree to immediately inform Collectim for any unauthorized access to Your account or any security breach that could be relevant to Collectim. We cannot be and are in no way liable for losses or damages resulting from any breach of the terms of this clause. You are responsible for the material and contents created and managed by You in conjunction with the Service. We shall not be liable to You or any third party for Your materials and the way You use the Service.

13. INTELLECTUAL PROPERTY

All intellectual property rights to the software used for the provision of the Service, Website and its content, data files, hardware or other materials such as analyses, designs, documentation, reports, quotations and related preliminary material developed or made available to You on the basis of these Terms, excluding Your Content, shall remain exclusively vested in us, our licensors or our own providers. You shall only acquire those rights of use that are explicitly granted in these general terms and conditions and by law. Any rights of use granted to You shall be non-exclusive, non-transferable to third parties and non-sublicensable. You shall not be permitted to remove or amend any details in relation to copyrights, brand names, trade names or any other intellectual property right from the software used for the provision of Service, Website, data files, hardware or materials.We reserve the right to install technical provisions for the purpose of protecting the software, hardware, data files, Website and similar in relation to an agreed restriction on the content or the term of the right to use these objects. You shall under no circumstances be permitted to remove or circumvent such technical provisions or to arrange for this to be carried out.

Your Content

All Content added, created, uploaded, curated, submitted, distributed, or posted to the Website by You, whether publicly posted or privately transmitted (collectively “User Content”), is the sole responsibility of You (the User who originated it).You agree that all Content accessed by You using the Platform is at Your own risk and You will be solely responsible for any resulting damage or loss to You or any other party.When You delete Your User Content, it will be removed from Your account. However, You understand that: By submitting User Content through the Platform, You grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, transmit, stream, display, and perform the User Content in connection with the Service and our (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Service, Content posted on the Platform, and derivative works thereof, or in any media formats and through any media channels, including, without limitation, through email, third party websites, application programming interfaces (APIs) and other types of feeds. You agree that elements of the Campaign such as images, video, text, or other items can be publicly available by the results of the search page.You grant each User of the Platform a non-exclusive license to access, use, download, store, transmit, stream, display, perform and print Your User Content through the Service, and to use, comment on, reproduce, distribute, display and perform such User Content. You represent and warrant that You have all rights to grant such licenses without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. We do not endorse, support, or ensure the accuracy, truthfulness, or reliability of any User Content posted on the Platform, nor do we endorse opinions expressed in the Platform.

Our Content

The Service contains Content specifically provided by us or other content providers and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Platform. Subject to these Terms, we grant each User of the Platform a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, download, store, display and print the Content. We or third party services may place additional limits on Your ability to download, store, display and print the Content. We will remove infringing materials in accordance with the applicable laws if properly notified that Content infringes copyright. Please see our Copyright Policy.

Trademark

You agree not to use, display and distribute our trademark, logo, slogan and all other materials serving our trademarks without our express written consent.

14. LIMITATIONS OF LIABILITY

The Service in its entirety is provided on an "as is" basis and Collectim shall not be liable for unfulfilled expectations of the User. Collectim shall not be required to satisfy any claims of the User to change the features and functionality of the Service. Collectim assumes no responsibility for the way the User uses the Service. All data entries and the way of handling the entered data is sole responsibility of the User. Collectim shall not be liable for any User events such as: tort, negligence, loss of profits, loss of goodwill, data modification, economic or other indirect losses, costs, damages or charges that may indirectly arise in the use of Service and under this Agreement. The User accepts to be the only one who manages its own data in the Service. User accepts that data and their management are their sole responsibility and data are always in the form in which they or their authorized personnel left them. Collectim shall not be liable for data modified by the User. Collectim undertakes to provide the Service on an "as is" basis to the User, to make available any updates simultaneously and indiscriminately on the Website observing the provisions of the applicable legislation. User accepts that any financial claim to Collectim while the Service is still operational is impossible. User accepts that claims of any nature may be submitted not later than 3 months from the occurrence of the event that inspired them. Collectim does not oversee the performance or punctuality of Campaigns. We do not endorse any specific Campaign. You release Collectim, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.

15. TERMINATION

You may terminate Your account at any time without cause, penalty or explanation. We may, at our discretion and with or without cause, immediately terminate Your member account and all access to the Platform without prior notice. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and other provisions of these terms and conditions continue after termination of Your account. We shall not be liable to You or any third-party for the termination of Your account.

16. ASSIGNMENT

You shall not be entitled to sell and/or transfer the rights and/or obligations arising from the agreement to a third party without our express written consent. Collectim may legally transfer its rights and obligations arising from the agreement without restrictions to third parties.

17. NO WARRANTY

We hereby disclaim with respect to all services, support or other deliverables provided under the Service, all express and implied warranties, including any implied warranties of merchantability, title, accuracy, quality, integration, non-infringement, or fitness for a particular purpose.

We do not warrant that: Collectim shall not provide to You or a third party any additional warranties express or implied by law or otherwise which are not covered in this Agreement. We are not responsible for any third party websites or third party content provided on or through the Service and You shall bear all risks associated with the access and use of such websites and third party content, products and services.

18. FORCE MAJEURE

We shall not be obliged to meet any obligations under these Terms, if we are prevented from doing so or the fulfilment of our obligations has been delayed as a result of force majeure, such as: acts , events, omissions or accidents beyond the reasonable control, including without limitation, strikes, industrial disputes, failure of telecommunications, hosting or energy agreements with third parties or natural disasters , war, riot, civil commotion, malicious damage, fire, floods, storms, lockout.

19. INTERNET

The Service under this Agreement may be subject to limitations, delays and other problems associated with User`s and Collectim`s use of the Internet. Collectim shall not be responsible for any delay, restriction, interrupted or absent communication resulting from User`s Internet subscription. User`s Internet connectivity is not part of the Service. Collectim shall not be responsible for any communication delay, restriction, interrupted or absent communication due to force majeure events at its ISP.

20. INDEMNIFICATION

You hereby agree to indemnify us, including our employees, directors, agents and consultants against any damages, actions, losses, costs, charges, expenses, proceedings and claims brought upon us as a result of Your use of the Service provided, or in case of a breach of this Agreement.Where a case of infringed Third Party intellectual property rights arises from Your actions, You shall, at Your own expense, resolve the issue by either obtaining a license, or a right of use, or remove from the Platform any copyrighted materials.

21. PERSONAL DATA

Collectim takes all measures to protect the privacy and personal data of the User in accordance with the applicable laws. For security reasons of User`s personal data, Collectim will send data only to the e-mail address that was provided by You at the time of registration. We have published and announced on the Website our Privacy Policy, available at http://collectim.com/legal/privacy, which also includes information about the use of cookies. By accepting these Terms, You agree to be bound by the Privacy Policy. You agree that Collectim is entitled to process Your personal data in accordance with the Privacy Policy.

The User shall guarantee that all of the requirements in respect of the lawful processing of personal data input by the User in the Platform are met. Full responsibility for the data processed through the use of the service by the User shall rest with the User. You shall guarantee us that the data is not illegal and does not infringe the rights of third parties. You shall indemnify Collectim against claims by thirds parties, of whatever nature, in relation to the processing of this data or the execution of the agreement.

22. MODIFICATION OF THE TERMS

We may modify this Agreement at our sole discretion and You will be properly notified about the modification. You agree that any revision of these Terms shall become effective to You 7 days after You have been notified, unless You have expressly rejected the modification. If You do not agree to the changes, You can terminate the agreement without penalty and discontinue the use of the Service. You agree that all statements of Collectim in connection with the amendment of these Terms, shall be sent to Your e-mail used for registration with the Service or by posting in an appropriate place on the Website.

23. COMMUNICATIONS

All communications between us shall be in writing. The written form shall be deemed met when messages are sent by fax, e-mail, by clicking a hyperlink or using other technical means which excludes the possibility of inaccurate reproduction of the statement. The written from shall also be deemed observed when Collectim post a message or notification prominently on the Website. Messages prominently displayed on the Website shall be deemed received by the User without an explicit confirmation

24. VIOLATIONS

Please send any violations and inconsistencies of the use of the Platform according to these Terms by e-mail: .

25. APPLICABLE LAW AND JURISDICTION

The agreement shall be governed by the laws of Bulgaria without reference to conflict of laws principles. The applicability of the Convention on Contracts for the International Sale of Goods 1980 is excluded. Any dispute that may arise in relation to this Agreement shall fall under the jurisdiction of Bulgaria and shall be resolved within that jurisdiction. Any private international law dispute between the Parties in relation with this Agreement shall be submitted exclusively to the jurisdiction of the competent Sofia City Court, Bulgaria.

26. MISCELLANEOUS

This Agreement is available at www.collectim.com/legal/terms and all its updates are an integral part of it.

Nothing in this Agreement is intended to create a partnership or joint venture between the parties or to establish any party as a representative of the other for any purpose whatsoever. No party has the authority or power to bind the other party or to contract on its behalf, or to create an obligation for it in any way.

If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision of this Agreement; or the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.

This is the entire Agreement between You and us. This Agreement supersedes all prior agreements and/or negotiations, regardless whether oral or in writing.


Effective Date: 13.06.2015
Last Edited: 01.06.2015