Terms and Conditions

between Fix The Status Quo OÜ 

("Fix The Status Quo” or "we" or "us")

and
the user of this website ("you" or "User")

Updated November 19, 2020

1. OVERVIEW

1. These Terms and Conditions apply to the website on which it is posted by Fix The Status Quo OÜ., a limited liability company registered in Harju maakond, Tallinn, Kristiine linnaosa, A. H. Tammsaare tee 47, 11316, Tallin, Estonia  (the “Fix The Status Quo OÜ Website”). Use and access to the Fix The Status Quo OÃ Website and the services described below (the “Services”), are subject to these terms and conditions of use (the “Terms”) as well as our Privacy Policy which is accessible at: https://docs.proca.app/legal/privacy.

2. The Website is an online platform where people and organisations can campaign and raise funds for projects to benefit political, social, community or charitable causes ("Social Projects") and where supporters can donate money ("Donation") to support those Social Projects.

3. Please read the following Terms as they constitute a legally binding Terms between you and us regarding your use of the Fix The Status Quo OÃœ Website and/or the Services provided by us. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the Website or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines, rules, product requirements or sometimes additional terms applicable to such services. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.

2. HOW TO USE OUR PLATFORM?  

1. You must register with us and create a User account in order to donate to, or create and run, a Social Project, or to use certain other aspects of the Website. You can register by completing a registration form.
2. You must be 18 years or older to register with us and to use the Website and its associated Services.
3. You must provide accurate, complete, and current information when you register with us and must keep this up to date. Failure to do so constitutes a breach of these Terms and, in serious cases, may result in immediate termination of your account.
4. You must give your real name on the Website. You must not use any name or term that:

a)       is the name of another person, with the intent to impersonate that person;

b)       is subject to any rights of another person, without appropriate authorization; or

c)       is otherwise offensive, vulgar, or obscene.

5. You are responsible for all activity that occurs under your User account. You must immediately notify us of any unauthorised use of your account or password, or other known account-related security breach.
6. We reserve in our sole discretion the right, at any time and without notice:

(a)       cancel, reject, or suspend a Social Project campaign or User account;

(b)       cancel or reverse a Donation made to a Social Project; and

(c)       remove, edit, or modify any Content, including, but not limited to, any User submission, for non-compliance with these Terms, and in cases where we suspect fraud or error, or for any other good reason.

7. We also reserve 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.

3. WHAT YOU ARE NOT ALLOWED TO DO

1. As a condition of your use of the Fix The Status Quo OÜ Website and the Services, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these Terms, for any activity that promotes the limitation of civil, democratic or minority rights; homophobic, transphobic, racist, sexist, classist or otherwise hateful speech; violence, warfare, or colonization.
2. You agree not to upload or otherwise transmit through the Website any unlawful, harassing, false, misleading, libellous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable material of any kind or nature. 
3. Any violation of the above Terms constitutes the ground for removal of the offending material, access to your account and data, or your account in its entirety.

4. LINKS TO OTHER SITES

The Website may contain links to other websites ("Linked Sites") operated by parties other than us. Such Linked Sites are not under our control and we are not responsible for the contents of any Linked Site. 

5. YOUR RELATIONSHIP WITH STRIPE

1. All Donations and Contributions are processed via Stripe. Your use of Stripe’s services is subject to your Terms with Stripe. We are 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.
2. 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.

6. TAX-DEDUCTIBLE GIVING

1. Donations and Contributions made via our Website may or may not be tax deductible for taxation purposes.
2. It is your sole responsibility to determine the taxation consequences, if any, of making or receiving a Donation. If you wish to make or receive tax deductible Donations via the Website, it is your responsibility to check whether the relevant social venture qualifies as an entity that is legally allowed to issue tax deductible receipts in your jurisdiction.

7. CONTENT LICENCE AND INTELLECTUAL PROPERTY

1. You may submit Content to us for inclusion in a Social Project's campaign 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 licence to:

(a)       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

(b)       permit any other person, company or organisation to do any of the things referred to in (a) ("Licence").

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

8. INDEMNITIES

1. You agree to indemnify us, our affiliates, and each of its and our 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:

(a)       your use or misuse of, or wrongful access to, the Website,

(b)       any act of fraud, breach of applicable law or wilful misconduct by you or on your behalf; and

(c)       the publication or use of Content submitted by you or any third party using your account in accordance with the Licence, 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.

2. We reserve 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 us in asserting any available defences.
3. The indemnities above survive termination of these Terms.

9. TERMINATION OF ACCOUNT, SUSPENSION OR DISCONTINUATION OF THE SERVICE

1. We reserve the right to change, suspend, or discontinue temporarily or permanently, some or all of the Services (including the Content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that we may do so in its sole discretion. You also agree that we will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a paid subscriber and we suspend or discontinue the Services, we may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if we terminate your account or suspend or discontinue your access to the Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.

10. DISCLAIMER OF WARRANTIES AND LIABILITY

1. You understand and agree that we provide the Services on 'as-is' 'with all faults' and 'as available' basis. You agree that use of the Website or the Services is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded.
2. No representations, warranties or guarantees whatsoever are made by us whether express or implied and expressly disclaim any and all representations and warranties as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information, the content, data, products and/or services, merchantability or any warranty for fitness for a particular purpose; (b) that the service will be uninterrupted, timely, secure, or error-free or that all deficiencies, errors, defects or non-conformities will be corrected; (c) the quality of any services, content, information, data, or other material on the website will meet your expectations or requirements; (d) any errors in the site will be corrected; (e) warranties against infringement of any third party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other our acts or omissions or of our its officers, directors, employees, affiliates, agents, licensors, or suppliers etc.

11. INDEMNITIES

1. You agree to indemnify us, our affiliates, and each of its and our 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:

(a)       your use or misuse of, or wrongful access to, the Website,

(b)       any act of fraud, breach of applicable law or wilful misconduct by you or on your behalf; and

(c)       the publication or use of Content submitted by you or any third party using your account in accordance with the Licence, 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.

2. We reserve 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 us in asserting any available defences.
3. The indemnities above survive termination of these Terms.

12. LIMITATIONS OF LIABILITY

1. NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, WE AND OUR SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO US FOR THE SERVICES UNDER THESE TERMS IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. MISCELLANEOUS

1. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. 
2. These Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral Terms, communications and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. 
3. These Terms shall be governed by the laws of Estonia without regard to its conflict of law’s provisions.