These terms and conditions ("Terms"), including the BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN, govern your access to or use of the HelpingHand365.com website, mobile application, platform, and additional services made available by Solution 360, Inc., which has developed a proprietary crowdfunding platform called HelpingHand365 that allows users to raise charitable donations ("HelpingHand365", "Solution 360", "we", or "our") (collectively, with any new features and services, the "Services") and the entirety of your relationship with HelpingHand365. The Services shall include any and all services, features, or tools made available on or through the HelpingHand365 website or mobile application or otherwise provided by HelpingHand365, including but not limited to any widget, form, or other tools for marketing, communications, social sharing, event registration, branding, donation, integration, customization or promotions.
These Terms do not govern your use of the Solution 360 branded website or services. Use of the Solution 360 services is subject to the Solution 360 Terms and Conditions.
USERS UNDER A SUBSCRIPTION AGREEMENT
Certain users may separately enter into an agreement with Solution 360, Inc. providing different or additional terms regarding HelpingHand365's Services, including but not limited to terms related to pricing or features (each, a "Services Subscription Agreement"). If there is a conflict between a provision in these Terms and a provision in the Subscription Agreement, the latter takes precedence with respect to the provision in conflict.
ADDITIONAL TERMS AND POLICIES
Access to the Services from territories where the Services are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations regarding their use of the Services.
- Our role. The purpose of the Services is to help individuals, entities or organizations raise money, but we do not pick or endorse any such individuals, entities or organizations or any of their campaigns or causes. We merely provide a technology platform to allow fundraisers to connect with donors. The existence of the Services is not a solicitation of donations by HelpingHand365, and HelpingHand365 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 HelpingHand365 shall not be responsible for the use of your donations or the amount of funds raised for your charity, campaign, or event.
- Becoming a Member.
- To use the Services, you must: (1) be over the age of majority in the jurisdiction in which you live (i.e. at least 18, and in some cases 19 years old) or, if you are a minor over the age of 13, you may only use the Services with the permission and supervision of your parent or legal guardian; (2) be registered with us (to the extent required) and not have been previously restricted, suspended or terminated by us; and (3) not be using another User's account without her/his permission.
- To use the Services, you will be asked to create an account (either "personal" or "non-profit"). Either type of account may be used to raise funds for a Charity (as defined herein), although you may only sign up for an account on behalf of an entity or organization if you have the legal authority to bind that entity or organization. You will be required to provide some information when you sign up, including an email address to receive any notices required by law, in lieu of communication by postal mail, along with other messages, including changes to features of the Services.
- You may need a username and password to use certain features of the Services and you may create certain URLs when you establish a profile, fundraiser, event, or charity page subject to these Terms. By selecting a user name and any particular URL, you agree that you will not select or use a name or URL:
(a) of another person with the intent to impersonate that person;
(b) subject to the rights of any person without authorization;
(c) in violation of the intellectual property rights of any person; or
(d) that HelpingHand365, in its sole discretion, deems inappropriate or offensive. You hereby expressly permit HelpingHand365 to identify you by your user name (which may be a pseudonym). You acknowledge and agree that you shall have no ownership or other property interest in your account, URL and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of HelpingHand365. You are responsible for maintaining the confidentiality of your password and account information, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify HelpingHand365 immediately of any unauthorized use of your password or account or any other breach of security. HelpingHand365 assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. HelpingHand365 has the right to reclaim any user names or URLs for any reason.
- You agree to:
(a) provide accurate information as prompted on the Services; and
(b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or HelpingHand365 has reasonable grounds to suspect that such information is inaccurate, HelpingHand365 may suspend or terminate your use of the Services and/or decline to permit your continued use of the Services and future access to the Services.
Any User who creates an account and raises funds through the Services ("Fundraiser") is subject to the following additional terms of these Terms that apply specifically to Fundraisers.
Individuals or Entities Fundraising for Charities. By raising funds through the Services, you represent and warrant that: (a) you are raising money for a 501(c)(3) non-profit organization or registered charity (a "Charity") with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; and (b) all donated funds will be used solely for the purpose you have stated on the Services, and under no circumstances may you use the funds for any other purpose. You understand and agree you cannot specify or direct how a Charity may use funds raised.
Charity Fundraising. If you are a Charity or an agent of such Charity using the Services to raise funds for such Charity, you agree that you will comply with all applicable state and provincial solicitation and/or fundraising laws, and you represent and warrant that such Charity: (a) has and will maintain tax-exempt status under sections 501(c)(3) of the Internal Revenue Code (b) has authorized you to raise money on its behalf through the Services. If you create a campaign on behalf of a Charity, you represent and warrant that you: (a) are the authorized representative of the Charity with the authority: (i) to solicit Donations (as defined herein) for the Charity; and (ii) to bind the Charity to these Terms; and (b) are using your Donations only as you have described on the HelpingHand365 Platform.
If you would like to fundraise for a purpose other than a Charity, such as for an individual, please visit HelpingHand365.com
Creating and Posting a Fundraising Campaign. A Fundraiser may create and post a campaign to showcase and share certain information about the campaign and Charity and elicit financial contributions ("Donations") from other Users as follows:
- Create a campaign profile page and post a "Funding Request." You may be required to provide payment information depending on how Donations are made.
- Select a Charity to receive the Donations and ensure such Charity has an independent payment processor (the "Processor") to receive Donations.
- You may offer non-monetary rewards for Donations. You shall be solely responsible for providing any such non-monetary reward and ensuring such rewards comply with applicable law.
- A third party may choose to join your fundraising team and/or choose your campaign as one of its favorites and may add it to that third party's page or list on the Services. You may opt-out of this selection or remove individuals from your team through your settings.
- All Donations to a Charity will be made directly into the Charity's account.
Any individual, entity or organization that registers as a User and donates funds through the Services ("Donor") is subject to the following additional terms of these Terms that apply specifically to Donors.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.