Terms of Service

Between Capital Smiles AB – 559099-4900 (“Capital Smiles” or “CS” or “we” or “us”)

&

The user of this website (“you” or “User” or “User Account”)

1.  Introduction

  • Welcome to Capital Smiles. [www.capitalsmiles.org & www.capitalsmiles.se] (the “Website“) and its associated services are operated by Capital Smiles – Sole Proprietorship “CS” or “we” or “us“.  These terms  (“Terms of Service“) govern your use of the Website and its associated services.
  • The Website is an online platform where people and organisations (“Social Ventures“) can campaign and raise funds for projects to benefit social, community or charitable causes (“Social Projects“) and where supporters (“Users”) can donate money (“Donations“) via their accounts (“User Accounts”) to support the listed Social Projects.
  • Users looking to support Social Projects and participate in the forum discussions may create one (1) User Account per person. Users are restricted from having more than one (1) User Account active on the Website at the same time.
  • Please read these Terms of Service carefully. If you do not wish to be bound by these Terms of Service, you should not continue to use or access the Website or its associated services.
  • By creating a User Account and/or by giving a Donation to a Social Project, you acknowledge and agree that you have read and understood these Terms of Service and you agree to be bound by these Terms of Service each time you use the Website.
  • If you are accessing the Website in order to create a Social Project, you agree to these Terms of Service both personally and on behalf of your Social Venture as an authorised representative. If you are not authorised to accept these Terms of Service for your Social Venture, you must not submit a Social Project to the Website on its behalf.

 

  • These Terms of Service may change or be updated from time to time by CS. CS will post updates to the Terms of Service on the Website from time to time. You must check for updates whenever you access the Website. The latest version of these Terms of Service will govern any usage by you of the Website and its associated services.

 

2.  Donating to a Social Project

  • You make a Donation to a Social Project, not to Capital Smiles. We introduce Donators to Social Ventures and their Social Projects. CS reserves the right to i) delist a Social Project and refund total Donations to date, ii) refuse to list a proposed Social Project and iii) Interview/ask for additional information or clarity by the Social Venture prior to allowing listing on the Website. CS does not guarantee a Social Project’s validity, or that the Donations will be used according to the Social Projects’ description in any aspect and CS accepts no liability whatsoever for any loss related to a Social Project or any non-delivery of a Social Project. Donations are made via PayPal or via eligible credit and debit cards and other third-party payment providers may be approved from time to time. All Donations are handled under the terms of your agreement with the third-party payment provider (e.g. PayPal/Stripe). Transaction fees may apply to your Donations (see clauses 2.16 and 2.17 below for more information).
  • Additional payment providers may be introduced by CS at its sole discretion.
  • Donations are subject to a minimum of $0.10 USD per donation. Donations can be made at any time from the listing of a Social Project up to the Social Project’s collection period has finished (Fundraising Deadline). Once the Fundraising Deadline is reached, no more Donations can be made via the Website.
  • CS will not pursue Users for uncollected Donations.
  • Donations to Social Projects will be charged to Users at the time the Donation takes place. Total donated amount will be transferred to the Social Project at or around the time of the Social Project’s Fundraising Deadline.
  • You may not cancel a Donation once your payment has been transferred to the Social Project. This applies to Social Projects that have reached or exceeded their Fundraising Target.
  • Social Ventures may refuse and refund a Donation at any time up until the Fundraising Deadline at their discretion, and for any reason.
  • If you disagree with how a Social Project has performed, this should initially be raised this with the Social Venture and with CS (by contacting support@capitalsmiles.org).
  • Supporters may be invited by a Social Venture to assist in promoting a Social Project online (e.g., by spreading the word on Facebook, Twitter or email) and/or by word of mouth. If you choose to do so, you must comply with all lawful instructions, guidelines and requirements imposed by the Social Venture when doing so. Failure to comply may lead to suspension or, in serious cases, termination of your User Account.
  • CS has the right to cancel, suspend or delete any User Account without any notice period or prior warning in its sole discretion.
  • The Website is not currently able to, or intended to, offer real-life volunteering opportunities with Social Ventures. Requests for volunteers on a Social Project page should be reported to CS immediately.
  • CS takes no responsibility for the acts, omissions and communications of Users in promoting or engaging with a Social Project.
  • CS does not charge a Social Venture any upfront fees for creating a Social Project. Also, CS does not charge any fees in relation to becoming a User of the system. Further, CS does not charge any fees related to the forum activity on the Website.
  • The only CS fee on the Website is a fee of 5% (five percentage) of the total amount per Donation. In addition to this, there might be a transaction fee by the third-party payment provider. Payment fees may be referred to on the Website and will vary from time to time and between approved payment providers. It is up to the Users to verify the third-party payment fee prior to giving Donations.
  • Users acknowledge that by Donation to a Social Project, the User agrees to any and all applicable terms and conditions set forth by the third-party payment provider, in addition to these Terms of Service.
  • In exchange for being allowed to use the Website, you agree that CS will not be liable for any unpaid tax, interest, fines, penalties or any other claims against you in relation to the tax deductibility of your donation. You also agree to indemnify us against any claim made against us in relation to the tax deductibility of your donation.

 

3.  Creating and Running a Social Project

  • CS reserves the right to conduct interviews and assessment of Social Projects’ suitability for the Capital Smiles platform prior to allowing them to be listed. Social Ventures must provide all details requested by CS.
  • The acceptance of a Social Project for inclusion on the Website is at CS’s sole discretion. Submissions for Social Projects must meet certain qualifying criteria in order to be considered for listing on the Website. These criteria include, but are not limited to:
  1. Information on the Social Project’s fundraising target (Fundraising Target), currency, and the Fundraising Deadline;
  2. include your name, email address and phone number;
  3. include a description of your Social Project;
  4. include a budget estimate /cost breakdown showing how Donations will be spent;
  5. include a description on previous experience in similar Social Projects
  6. be supported by appropriate evidence of identity of the Social Project user account holder; and
  7. comply with the fundraising laws in the United Kingdom. https://www.gov.uk/guidance/fundraising-legally-and-responsibly
  • When you submit a Social Project for listing on the Website, you represent and warrant that you are authorised to agree to these Terms of Service on behalf of your Social Venture. You also agree to appoint us as your agent, and we accept appointment as your agent, for the purposes of providing receipts to donors who donate to your Social Venture.
  • Fundraising Targets and Fundraising Deadlines may not be altered once a Social Project is approved by CS. However, once the Social Project commences, you may edit the Content of your Social Project page, provided this does not alter the substance of the Social Project (to be determined by CS in its sole discretion).
  • Social Projects are limited on the Fundraising Period by a minimum number of days of seven (7) and a maximum number of days of 180, from the date the Social Project is listed on the Website. We do not accept any responsibility for any Social Project not reaching its Fundraising Target by the expiry of the Fundraising Deadline. Furthermore, we do not accept any responsibility for a Social Project’s performance, or usage of the total monies Donated.
  • If you are a Social Venture, you must:
  1. not use the Website to solicit or recruit real-life volunteers or employees for Social Projects;
  2. promptly answer any questions or provide any information or evidence requested by CS to ensure the quality of the Social Project, or to verify any details of the Social Project or your status as a Social Venture;
  3. keep your Social Project page on the Website updated with accurate information during the project;
  4. inform CS immediately if anything compromises the integrity, potential success or existence of your Social Project;
  5. complete all Social Projects for which Donations are collected via the Website substantially in line with the budget plan set out on your Social Project page, or refund Supporters’ Donations immediately in full;
  6. provide a minimum of two updates on the progress of your Social Project and about how Donations have been used on the Website, with the first update no longer than one month after the Funding Deadline;
  7. refrain from taking any action in reliance on receiving Donations until they have been remitted to you and you have right and the ability to withdraw or spend these Donations;
  8. correctly calculate and remit all taxes (including GST), levies or similar, if any, which are applicable to Donations made to your Social Project;
  9. comply with, and hold and use any information you hold about Supporters in accordance with, the terms of the CS Privacy Policy the Data protection Act 1998. In particular, you must not to contact Supporters for marketing or promotional purposes unless you have their consent to do so;
  10. obtain and continue to maintain, any necessary licenses, consents, approvals or other permissions required to use the Website and create and run a Social Project (if any); and
  11. comply continuously with all laws, legislation, rules, regulations and industry standards applicable to you as a Social Venture.

 

4.  Use of the Website

  • You must register with CS and create a User account in order to propose to list a Social Project. You can register by completing a registration form or by connecting your User Account to your Facebook or LinkedIn account.
  • You must be 18 years or older to register with CS and to use the Website and its associated service.
  • You must provide accurate, complete, and current information when you register with CS and must keep this information up to date. Failure to do so constitutes a breach of these Terms of Service and, in serious cases, as decided by CS in its sole discretion, may result in immediate termination of your account.
  • You must give your real name on the Website. You must not use any name or term that:
  1. is the name of another person, with the intent to impersonate that person;
  2. is subject to any rights of another person, without appropriate authorization; or
  3. is otherwise offensive, vulgar, or obscene.
    • It is your responsibility to ensure the safety and security of your CS User account details. You must not tell anyone the password to your User account or allow any other person to access it. You must take care not to leave your password and User account details where someone else could find them.
  • You are responsible for all activity that occurs under your User account. You must immediately notify CS of any unauthorised use of your account or password, or other known account-related security breach.
  • A Social Venture may have more than one registered User, but only one User may create, run and edit each Social Project page. Social Ventures must not allow their members, employees or other persons linked to the Social Venture to share login details.
  • CS reserves in its sole discretion the right, at any time and without notice:
  1. cancel, reject, or suspend a Social Project or a User Account;
  2. cancel or reverse a Donation made to a Social Project; and
  3. remove, edit, or modify any Content, including, but not limited to, any User submission, for non-compliance with these Terms of Service, and in cases where CS suspects fraud or error, or for any other good reason.
  • CS also reserves the right to reverse a Donation made to a Social Project including any transaction fees chargeable as part of the original Payment and on the reversal of the Payment at any time after the Donation is processed, including without limitation in the case of a charge back. Any fees will be deducted from the original amount of your Donation prior to us issuing any refund to your account.
  • To fundraise for a Social Project on the Website, you must have a fully functional Business, Premier PayPal account or Stripe account. To donate to a Social Project, you must have a functional PayPal account or eligible credit or debit card.
  • All PayPal Donations are processed via PayPal. Your use of PayPal’s services is subject to your agreement with PayPal. CS is not responsible for the performance of PayPal or your use of its services. Any technical issues or other problems with making or receiving Donations via PayPal should be addressed to PayPal’s customer service department. If PayPal is unable to resolve an issue with a Donation that has been made, you should contact the Social Venture to whom you made your Donation for assistance, or the Supporter who made that Donation to your Social Project, as applicable.
  • All Stripe Donations are processed via Stripe. Your use of Stripe’s services is subject to your agreement with Stripe. CS is not responsible for the performance of Stripe or your use of its services. Any technical issues or other problems with making or receiving Donations via Stripe should be addressed to Stripe’s customer service department. If Stripe is unable to resolve an issue with a Donation that has been made, you should contact the Social Venture to whom you made your Donation for assistance, or the Supporter who made that Donation to your Social Project, as applicable.
  • Donations and Contributions made via CS may or may not be tax deductible for taxation purposes and CS accepts no liability in respect of any tax you may be required to pay or may be eligible to receive as a refund.
  • It is your sole responsibility to determine the taxation consequences, if any, of making or receiving a Donation.
  • CS does not represent, warrant or guarantee that any Donations made via the Website will be deductible for income tax purposes.
  • You may submit content to us for inclusion in a Social Project or publication as a comment on the Website. You agree that we may publish and communicate to the public any such content. By submitting content to us, you grant us a perpetual, royalty-free, non-exclusive, irrevocable, worldwide and transferable license to:
  1. display, reproduce, modify, add to, use, copy, publish, transmit, index, crawl, communicate and adapt such Content for any purpose and in any manner anywhere in the world, including (without limitation) on and in relation to the Website and its associated services, or any other services or products; and
  2. permit any other person, company or organisation to do any of the things referred to in (a) (“License“).

For the avoidance of doubt, the License will survive the termination of these Terms of Service.

  • You unconditionally and irrevocably agree to:
  1. Consent to any act or omission that would otherwise infringe your moral rights in the Content; and
  2. Waive all or your moral rights in the Content to the extent permitted by law.
  • You further agree to ensure that all other persons involved in the development of Content which you submit to us provide the above consents and waivers to the extent that they own moral rights in the Content. If the above consents or waivers do not operate as an immediate consent in relation to, or a waiver of, these rights, you agree to give and you procure all other relevant persons to give, a written consent and waiver at any time at CS’s request.
  • You agree to do everything necessary (including, without limitation, on request, executing any document) to give CS the full benefit of the License.
  • All intellectual property rights comprised in or relating to the Website (including the CS logo and site design) and the name Capitalsmiles.org and Capitalsmiles.se (“IP“) belong to CS or our licensors. Your use of any IP owned by third parties may be subject to a third party’s terms and conditions of use. Nothing in these Terms of Service (or otherwise on the Website) constitutes a transfer or license of any IP to you. You must not use any such IP without the express permission of CS and, if applicable, the licensor of such IP. Use of third party IP without permission may be an infringement of IP rights and is a serious breach of these Terms of Service, entitling CS to terminate your User account immediately (without affecting any other rights CS may have).
  • You personally represent and warrant to CS that you are least 18 years of age.
  • You represent and warrant to CS, personally and on behalf of your Social Venture, that you have the legal capacity and authority to agree to these Terms of Service and grant the License (including, if you are accepting these Terms of Service on behalf of a Social Venture, that you are authorised to do so); That you have obtained the consent of all individuals whose Personal Information is included in the Content to the use and disclosure of the Personal Information to CS and otherwise in accordance with the CS Online Privacy Policy.
  • You agree that you will not take any action, submit Content or offer a perk or incentive on the Website that:
  1. Infringes any intellectual property right (including trade secrets), moral right, obligation of confidence, or otherwise breaches the rights of any other person or entity;
  2. breaches applicable laws, regulations or relevant industry codes, or is otherwise unlawful, threatening, abusive, harassing, defamatory, obscene, tortious, offensive, or invasive of another’s privacy;
  3. constitutes unsolicited or unauthorized advertising or promotional material (“spam”), chain letters, surveys, raffles, lotteries, contests, or pyramid schemes;
  4. disrupts, damages, limits, modifies, obtains unauthorised access to or otherwise interfere with the proper function of any security measures, software, hardware, or telecommunications equipment or information of CS or any third party (including submitting Content which contains software viruses, computer codes, files, or programs that are intended to have such an effect);
  5. is false, misleading, deceptive, or inaccurate, including by misrepresenting your identity or affiliation with any other person or organisation;
  6. imposes or may impose (as determined by CS) an unreasonably large load on CS’s or its third-party service providers’ technology infrastructure;
  7. uses manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or
  8. contains any link to any other website which contains information that would if included in the Content or Perk be in breach of any of these subclauses (a) to (g).
  • You agree to indemnify CS, its affiliates, and each of its and its affiliates’ employees, officers, contractors, directors, suppliers, and representatives from and against all losses, liabilities, claims, damage and expenses (including legal costs and expenses on a full indemnity basis) and penalties incurred or suffered by them that arise from or relate to:
  1. your use or misuse of, or wrongful access to, the Website,
  2. any act of fraud, breach of applicable law or willful misconduct by you or on your behalf; and
  3. the publication or use of Content submitted by you or any third party using your account in accordance with the License in clause 4.17, including, without limitation, claims brought by any third party relating to defamation, negligent misstatement, injurious falsehood, contempt of court, right to privacy, copyright infringement, trade mark infringement, other intellectual property infringement, disclosure of confidential information, passing off, and misleading or deceptive conduct.
  • You agree to notify CS of any matter(s) that could reasonably be expected to fall within clause 4.23 above as soon as possible after you become aware of such matter(s).
  • CS reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you must assist and cooperate with CS in asserting any available defences.
  • The indemnities in clause 4.23 above survive termination of these Terms of Service.
  • If you are a consumer, you have certain rights under consumer protection legislation (“Consumer Rights“), which cannot be excluded or limited by CS. Your Consumer Rights may include statutory guarantees or other non-excludable protections. Nothing in these Terms of Service is intended to exclude, restrict or modify your Consumer Rights. However, to the extent that it is permitted by law to do so, and except as contained in your Consumer Rights:
  1. CS excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in these Terms of Service; and
  2. Your use of the Website (including, without limitation, all material obtained from or linked to the Website) is at your sole risk.
  • If your Consumer Rights prevent CS from excluding any of the representations, warranties, guarantees or other obligations referred to in this clause 4.30 in relation to the services offered on the Website, to the extent to which CS is entitled to do so and despite any other provision in these Terms of Service, CS limits its liability in respect of any claim relating from those non-excludable representations, warranties, guarantees or other obligations to, at CS’s option: the supply of the affected services again; or the payment of the cost of having the affected services supplied again.
  • To the fullest extent permitted by law, CS excludes all liability to you for any damages or loss suffered by you (including, without limitation, loss of profits, economic loss, loss of data or for direct, indirect, consequential or incidental loss) and however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise) in connection with: your use of, or reliance on, the Website (or any information contained on or linked to the Website) and/or its continued availability; any dealing you have with any charity, not-for-profit, entity, organisation or individual who uses the Website; CS’s exercise of its rights under clause 4.8; and the failure by a Social Venture to meet its obligations under these Terms of Service.
  • Neither you nor CS will be liable for any delay in performing or failure to perform any of our obligations under these Terms of Service if that delay or failure is due to an Intervening Event.  A party affected by an Intervening Event will be temporarily excused from performing its obligations for the resulting period of delay, provided that the delaying party promptly notifies the other party in writing of the reasons for the delay or failure to perform those obligations.
  • CS takes your privacy very seriously. All your content and your personal information is held in accordance with the CS Privacy Policy. Please review this document carefully to ensure you understand it before accepting these Terms of Service.
  • The Website may contain links to third party websites, and third party websites and resources may contain links to the Website. The inclusion on another website of any link to the Website does not imply endorsement by, or affiliation with, CS. When accessing third party websites, you do so at your own risk.
  • If you are a User, CS may terminate your access to the Website and/or your User account immediately (or at a later time), without cause or prior notice.
  • If you are a Social Venture, CS may suspend or terminate your access to and/or use of the Website and its associated services by giving written notice to you if you breach these Terms of Service and, in CS’s reasonable opinion: your breach is significant or serious; and suspension or termination of access, as applicable, is justified by your breach.
  • If you wish to terminate your User account, you may do so by following the instructions on the Website.
  • Upon or at any time after termination of your User Account for any reason, CS will delete your content except to the extent that CS is required to retain it by law, or you consent for CS to retain or use it. It is your responsibility to ensure that you have stored your Content elsewhere prior to cancelling or terminating your User account. CS has no obligation to provide you with a copy of your content and may remove and discard any data at any time from the date your User account is terminated.
  • CS reserves the right to modify, suspend or discontinue all or any part of the Website and its associated services at any time with or without notice. CS does not guarantee that any content, including your Content, will be available through the Website at all or specific times.
  • The terms of service are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English Courts.Privacy Policy to be added