TERMS AND CONDITIONS – www.socialpaynow.com
Last Updated on January 23, 2021
SocialPay Inc., a domestic corporation registered under the laws of the State of Delaware, owns and operates the website www.socialpaynow.com. The website www.socialpaynow.com serves as a crowdfunding platform, whereby non-profit organizations can gain access to campaigns, payment services, events, conferences and crowdfunding options.
The website www.socialpaynow.com is targeted to non-profit organizations who remain engaged and focused on impacting communities and causes to improve access to and the quality of various fields, including, without limitation, education, sports, health, finance, economy and social sciences. By providing assistance and promoting professional growth, the website www.socialpaynow.com allows such non-profit organizations to help their members live effective and fulfilling lives in addition to being more engaged and active in their social endeavors.
The website operated by SocialPay Inc. operates as an intermediary between the non-profit organizations and SocialPay’s funding partners by facilitating and supporting transactions between them.
The following capitalized terms, when used in these Terms and Conditions, including the introductory paragraphs, shall have the meanings specified below:
“Campaigns” shall refer to the funding campaigns established on the Platform. Every Campaign shall specify the purpose thereof, a description of the purpose, the duration of the Campaign, the financial goal and the amount raised.
“Funding Partners” shall refer to SocialPay’s partners, which may include event planners, service providers and other entities who provide services, goods, or other resources to Non-Profit Organizations at preferential prices.
“Non-Profit Organizations” shall refer to the non-profit organizations and their members, who access and use the Platform.
“Office” shall refer to the division of SocialPay that is responsible for assessing the Non-Profit Organizations. The Office shall also be responsible for screening and approving the User accounts.
“Platform” shall refer to the website www.socialpaynow.com and its corresponding mobile application.
“SocialPay” shall refer to SocialPay Inc., the company that owns and manages the Platform.
“Social Pay Impact Card” shall refer to the card issued by SocialPay to a Non-Profit Organization. The Non-Profit Organization may add funds to the Social Pay Impact Card, and may use the Social Pay Impact to make purchases on the Platform.
“Terms and Conditions” shall refer to the present Terms and Conditions and includes any and all amendments, modifications and supplements made to such Terms and Conditions from time to time.
“Users” shall refer to all users of the Platform, whether they are Non-Profit Organizations, Funding Partners, or visitors of the Platform. In these Terms and Conditions, Users may also be referred to as “you”, “your” and other similar expressions.
“User account” shall refer to the account created on the Platform by the Non-Profit Organization, as accredited and approved by the Office.
The present Terms and Conditions shall govern the terms upon which the Platform allows Non-Profit Organizations to set up funding Campaigns, secure funding, obtain preferential pricing and utilize a Social Pay Impact Card. These Terms and Conditions shall further govern the terms upon which Funding Partners may offer services and products to Non-Profit Organizations by way of the Platform. These Terms and Conditions shall be binding to Users upon their browsing, visit, access and usage of the Platform.
- BINDING AGREEMENT
By accessing, browsing, visiting and/or using the Platform, you agree to the present Terms and Conditions. You agree to be bound by these Terms and Conditions and all policies provided by SocialPay, each of which shall be deemed to be incorporated into these Terms and Conditions by reference.
These Terms and Conditions constitute an enforceable and binding agreement between you and SocialPay. SocialPay shall not be bound by any other terms provided by terms and conditions of services, sale or of any nature whatsoever.
If you do not agree with these Terms and Conditions, in full or in part, your sole recourse shall be to not use the Platform.
To be eligible to use the Platform, you confirm the following: (i) you are at least eighteen (18) years old; (ii) you are authorized to access, use and purchase from the Platform and are therefore not barred from entering into enforceable agreements; and (iii) your access or usage of the Platform does not conflict with any local, state, national or international laws and regulations, or agreement to which you are legally bound.
- MODIFICATIONS TO THESE TERMS AND CONITIONS
SocialPay reserves its right, in its sole discretion, to modify or replace any of the provisions of the Terms and Conditions. SocialPay may modify, update, amend or otherwise change these Terms and Conditions.
The latest version of these Terms and Conditions shall be published on the Platform, and shall specify the date of the latest update thereto. Any update to these Terms and Conditions shall be binding and effective upon its publication on the Platform. SocialPay encourages you to review the Terms and Conditions periodically for changes to these Terms and Conditions.
Your continued use of the Platform following the publication of the updated Terms and Conditions shall constitute your acceptance of the updated Terms and Conditions. These Terms and Conditions shall apply to your continued usage of the Platform as of the effective date of the Terms and Conditions.
SocialPay further reserves the right to impose limits on certain features and services or restrict access to parts or all of the Platform, without notice or liability.
- USER OBLIGATIONS
As a condition of use, you shall not use the Platform for any purpose that is prohibited by these Terms and Conditions. Every User is fully responsible for its activity in connection with the Platform.
While using the Platform, you hereby agree to not engage, or attempt to engage, in any of the following behavior:
- Using the Platform to violate or infringe any applicable law, regulation or policy;
- Damaging, overburdening or impairing the Platform;
- Using the Platform for any unlawful or illegal purpose or in a way that is fraudulent, malicious, misleading or otherwise discriminatory, or encouraging others to use the Platform for such purposes;
- Transmitting a virus, harmful components or scripts on or via the Platform;
- Encouraging or engaging in pyramid schemes, and unlawful recruitment;
- Impersonating an individual, entity, business, or company, or otherwise misleading others about your true identity or qualifications;
- Using, transmitting, reproducing, or otherwise sharing trademarks, marks, logos or other intellectual property published on the Platform without the intellectual property owner’s consent and approval;
- Accessing the Platform using illicit or automated means, such as using a bot or a spider;
- Collecting personal information about Users of the Platform, without justification and without the required valid and lawful consent;
- Hacking, decompiling disassembling, or reverse engineering the Platform or any part thereof;
- Referring Users to another website, application or platform, or artificially generating traffic for another website;
- Damaging, destroying, disabling or otherwise impairing the Platform or any part thereof;
- Selling, assigning or otherwise transferring your User account, without having obtained SocialPay’s prior written permission;
- Sharing, distributing or disseminating spam, advertisements, unsolicited material or bulk communications;
- Engaging in behavior that is contrary to the intent of these Terms and Conditions, or which could give rise to liability, damages, costs or expenses for SocialPay.
- INTERMEDIARY SERVICES
The Platform’s role is to serve as an intermediary to transactions involving Non-Profit Organizations and Funding Partners, and to facilitate the establishment and management of Campaigns on the Platform.
More specifically, the Platform offers an online platform whereby authorized Non-Profit Organizations can publish Campaigns to secure funding. Please note that SocialPay does not act as an agent for any party to a transaction.
- NON-PROFIT ORGANIZATION ACCOUNTS
To use the Platform and publish Campaigns, a Non-Profit Organization shall be required to create a User account. For the creation of its User account, the Non-Profit Organization agrees to follow the instructions detailed on the Platform.
The Non-Profit Organization shall provide accurate and complete information and keep its User account information updated. The Non-Profit Organization shall submit the necessary information to the Office, which may include, the Non-Profit Organization’s name, list of members, purpose, address, mission objective, revenues, contact information and other relevant information requested by the Office.
Upon the Non-Profit Organization’s completion of the User account, the information shall be assessed, screened and evaluated by the Office. The Office shall be responsible for curating the list of accredited Non-Profit Organizations on the Platform.
The accredited Non-Profit Organizations on the Platform shall fulfill the purposes set forth by SocialPay, namely enhancing the Non-Profit Organization’s impact and last changing on the environment, its community and the world. If the Non-Profit Organization’s information complies with the standards set forth by SocialPay, the Non-Profit Organization’s request to open a User account shall be approved by the Office.
Once the User account is approved by the Office, the Non-Profit Organization shall be responsible for updating the information regarding its members and organization on an as needed basis.
The User account shall be required for the Non-Profit Organization to onboard and certify its active members. The User account further ensures that intruders and non-authorized members are prohibited from acting on the Non-Profit Organization’s behalf.
The Non-Profit Organization agrees to notify SocialPay if the Non-Profit Organization suspects that its User account may have been compromised or is subject to a breach. The Non-Profit Organization also agrees to immediately alert SocialPay of any apparent breaches of security such as loss, theft or unauthorized use of the Organization’s User account.
- CAMPAIGN CREATION AND MANAGEMENT
Once the User account is accredited by the Office, the Non-Profit Organization may establish Campaigns on the Platform. Any Campaign shall be pre-approved by the Office prior to its publication on the Platform. The Office shall be required to approve the purpose of the Campaign, its object, duration, and financial objective. The Office reserves the right to reject any Campaign that does not comply with these Terms and Conditions or SocialPay’s values or objectives.
Upon approval by the Office, the Campaign shall then be published on the Platform, thereby allowing Users to donate to the Campaign. All funds paid by Users to the Campaign shall be processed via the Platform. At the end of the Campaign, SocialPay shall distribute the funds generated by the Campaign less (-) ten percent (10%) to the Non-Profit Organization. The ten percent (10%) fee constitutes a commission payable to SocialPay for hosting the Platform whereby the Campaign was active.
SocialPay reserves the right to suspend, terminate or cancel a Campaign if it violates these Terms and Conditions, if the Non-Profit Organization misrepresented crucial information or for any reason deemed appropriate by SocialPay, in its sole discretion.
- PURCHASES ON THE PLATFORM
By reason of holding a User account, the Non-Profit Organizations shall benefit from preferential pricing on products and services offered by Funding Partners. Further, the Non-Profit Organizations may make purchases on the Platform using the Social Pay Impact Card, thereby securing rewards and other benefits provided by the Platform.
- FUNDING PARTNERS
Funding Partners shall constitute service providers, event planning companies and other entities providing services, products and other funding opportunities to Non-Profit Organizations. The Funding Partners shall be featured as SocialPay’s partners on the Platform and shall benefit from SocialPay’s ambassador program.
Funding Partners shall not be required to create User accounts on the Platform. Moreover, the Funding Partners shall have the option of selling products, services, and merchandise relating to the Funding Partners’ brand on the Platform. Purchases shall be made by the Non-Profit Organizations, using the Social Pay Impact Card. SocialPay shall process all payments and shall release the funds back to the selling Funding Partner, less SocialPay’s commission.
Purchases using the Social Pay Impact Card constitute a payment option whereby SocialPay shall retain and hold funds on behalf of the Funding Partner to ensure the transaction between Users is properly effected. SocialPay shall hold only the sum necessary to fulfill the transaction and shall release the funds to the Funding Partner once the transaction is completed.
The Funding Partners may contribute to a Non-Profit Organization’s Social Rewards Program by purchasing points for the Non-Profit Organization of its choice.
- SOCIALPAY FUND
SocialPay may introduce a fund referred to as the SocialPay Fund, which would allow the Funding Partners to contribute funds. Such funds paid to the SocialPay Fund shall be used to scale projects and in the event that funding is otherwise unavailable. Once available, instructions and details regarding the SocialPay Fund shall be specified on the Platform.
- EMBEDDED FINANCE
SocialPay may introduce embedded finance options for Non-Profit Organizations and for the Funding Partners. The embedded finance options shall allow for payments to be directed to a specific purpose, project or according to the instructions of the payee. All details regarding such embedded finance options shall be detailed on the Platform.
- SOCIAL PAY IMPACT CARD
Upon creating a User account, the Non-Profit Organization shall obtain a Social Pay Impact Card. The Non-Profit Organization may contribute funds to the Social Pay Impact Card. The Social Pay Impact Card shall hold the Non-Profit Organization’s funds, generate rewards and shall be used to pay for purchases by the Non-Profit Organization on the Platform. Any membership dues, events, and funding involving the Non-Profit Organization shall be paid via the Social Pay Impact Card.
The Social Pay Impact Card shall be issued to the Non-Profit Organization to allow for the financial flow of the Non-Profit Organization’s matters.
- PAYMENTS AND CHARGES
The Non-Profit Organization agrees to honor all charges in connection with the Social Pay Impact Card for purchases at the prices indicated in the confirmation provided on the Platform.
The Non-Profit Organization shall ensure the Social Pay Impact Card is sufficiently topped up to allow for the payment of all fees and applicable taxes and delivery fees, as applicable. Time is of the essence regarding payments. Payments shall be deemed received once the funds clear.
The Non-Profit Organization shall be fully responsible for all purchases made using its Social Pay Impact Card, unless the Non-Profit Organization notified SocialPay of a breach or compromise prior to the purchase.
- TERMINATION OF USER ACCOUNTS
SocialPay may cancel or terminate a User account, in whole or in part and with or without notice, at any time at its sole discretion. SocialPay further reserves the right to cancel, suspend or terminate your User account and/or access to the Platform in the event that: (i) you failed or neglected to pay the sums due on their due dates without valid justification, or (ii) your usage of the Platform breaches or violates these Terms and Conditions or any applicable legislation, or (iii) you use the Platform, the Campaigns or services provided on the Platform in a manner that is contrary to the intent of these Terms and Conditions.
SocialPay shall not be liable to you for the termination or suspension of your User account and you shall have no claim or recourse against SocialPay for any termination, whether with cause or without. Any termination, suspension or cancelation of your User account shall not relieve you of your obligation to pay the sums due to SocialPay.
All ongoing provisions in these Terms and Conditions shall survive the termination of your User account, including, without limitation, ownership of the content published on the Platform, warranty disclaimers, indemnification and limitations of liability.
- CONTENT PUBLISHED ON THE PLATFORM
SocialPay has approved the vast majority, if not all, of the content published on the Platform. At this time, Funding Partners benefit from a limited right to publish data, products and service descriptions and other information on the Platform, provided SocialPay has provided its written consent prior to publication of such data, descriptions and other information.
Once the Non-Profit Organization has created a User account as certified and approved by the Office, the Non-Profit Organization or its members may create Campaigns, list pricing and raise funding for such Campaigns.
The Non-Profit Organization shall be solely responsible for any content published by such Non-Profit Organization on the Platform, whether as part of a Campaign or on its public profile. The Non-Profit Organization shall ensure the content published does not violate any third party right or intellectual property law.
- LICENSE GRANT
The Non-Profit Organization agrees to grant SocialPay and its affiliates a nonexclusive, worldwide, perpetual, irrevocable, royalty-free and transferable license to use, publish, distribute, modify and commercialize any content published by the Non-Profit Organization on the Platform, in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, and without restriction.
- USAGE OF THE PLATFORM’S CONTENT
Non-Profit Organizations are permitted to use, share, reproduce, copy and transfer data and content from the Platform for personal usage. Moreover, once the Non-Profit Organization has created a User account, the Non-Profit Organization may share content from the Platform to its social media pages, or profiles.
The content published on the Platform is protected by copyrights, trademarks, trade secrets or other proprietary rights and laws. Except as expressly authorized by SocialPay, you shall not modify, copy, sell, lease, loan, distribute or create derivative works based on such content, in whole or in part, except that the foregoing does not apply to your own content that you legally upload to the Platform.
SocialPay reserves the right to access, preserve, share, communicate and disclose any information as SocialPay reasonably believes is necessary to (i) satisfy any applicable law, regulation, judicial order or governmental request, (ii) enforce these Terms and Conditions, including the reporting of potential violations hereof, (iii) prevent or otherwise detect fraud or technical issues, (iv) respond to inquiries and support requests submitted by Users, or (v) protect the rights, property or integrity of the Users and SocialPay.
- CAMPAIGN DISCLAIMERS
SocialPay facilitates the provision of Campaigns via the Platform, however, the Non-Profit Organizations agree that SocialPay shall have no control over the outcome of the Campaign, the amount of funds collected and the attainment of the goal. SocialPay does not guarantee that every Campaign shall result in a minimal amount of funds collected nor does SocialPay guarantee that every Campaign goal shall be achieved.
The Non-Profit Organizations recognize that establishing and managing a Campaign on the Platform involves risk including financial loss and not collecting the desired amount of funds, and the Non-Profit Organization confirms being well-informed of such risks. The Non-Profit Organization voluntarily chose to create a Campaign, with knowledge of the risks and the disclaimers associated thereto.
- INTELLECTUAL PROPERTY RIGHTS
The Platform may display, feature, or include intellectual property, trademarks and marks. SocialPay confirms being the owner of such intellectual property, trademarks and marks. If SocialPay is not the sole owner of such intellectual property, trademarks and marks, SocialPay confirms having secured all necessary consents to publish such intellectual property.
You acknowledge that any intellectual property, trademarks and marks published on the Platform may be protected by intellectual property laws. All rights relating thereto are reserved.
Any company, product, and service names and logos used and displayed on the Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to SocialPay. Nothing in these Terms and Conditions shall be construed as granting, by implication, or otherwise, any license or right to use any of trademarks displayed on the Platform.
- COPYRIGHT INFRINGEMENT
SocialPay employs its best commercial efforts to ensure its full compliance with all applicable intellectual property and copyright laws. The present section pertaining to copyrights is incorporated in these Terms and Conditions for the purpose of preventing intellectual property violations and copyright infringement.
In accordance with the requirements set forth in the Digital Millennium Copyright Act (the “DMCA”), SocialPay encourages you to report any instances of copyright infringement on the Platform. All reports of intellectual property or copyright violations shall be submitted to SocialPay in writing via the Platform or by email.
If you own or lawfully possess rights to a trademark or intellectual property right and you have reasonable grounds to believe your intellectual property or trademark was published on the Platform in violation of your rights, please submit a written notice to SocialPay’s attention in accordance with the Terms and Conditions.
If you are not the owner of the intellectual property or trademark and you have reasonable grounds to believe there is a violation of a third party intellectual property right, you may also send SocialPay a written notice specifying the intellectual property right. SocialPay encourages you to submit photos and other evidence to support your claim.
To be valid, any notices regarding potential violations of intellectual property rights must be signed (manually or electronically) and dated. SocialPay shall review and analyze all notices received in accordance with the terms of the DMCA. If the notice is founded, SocialPay shall delete or remove all violating or infringing intellectual property from the Platform.
SocialPay may terminate or suspend any User accounts that violate, breach or infringe the DMCA, intellectual property rights or copyrights, without notice or delay.
- THIRD PARTY LINKS
The Platform may provide links to third party websites, applications, resources or sites. The third parties are not under SocialPay’ control and SocialPay shall not be responsible for any third party’s sites, resources, content or any of the like.
You acknowledge that SocialPay shall not be responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such third party websites, applications, resources or sites. The inclusion of any link to a third party site on the Platform does not imply SocialPay’s endorsement or any association with such third party.
- LIMITED WARRANTIES AND DISCLAIMERS
The Platform shall be provided “as is” and “as available”, without any guarantees, including those which are express, statutory or implied, such as implied merchantability and fitness for a particular purpose, warranties of title, warranties of non-infringement, and any warranties implied by the course of performance or usage of trade, all of which are expressly disclaimed.
SocialPay, its directors, employees, agents, suppliers, and partners do not warrant that: (i) the Platform and the services offered thereon shall be secure and available at any particular time or location; (ii) any defects or errors with respect to the Platform shall be immediately corrected; (iii) any content or services available through the Platform shall be free of harmful components; or (iv) the results of the Campaigns or usage the Platform shall meet your expectations or requirements.
- LIMITATIONS OF LIABILITY
You recognize that technical issues may arise when using the Platform. These issues can delay, suspend, freeze your device or prevent your access to the Platform. While SocialPay put in the place the appropriate measures for the continuity of the Platform, SocialPay is unable to guarantee that your usage of the Platform shall be error-free and uninterrupted at all times.
To the fullest extent permitted by law, SocialPay, its directors, employees, agents, suppliers and partners, shall not be liable under contract, tort, strict liability, negligence or any other legal or equitable theory for: (i) lost profits, data loss, use or inability to use the Platform, the services offered on the Platform, (ii) unauthorized access to or alteration of data, statements or conduct of any third party on the Platform, (iii) any special, indirect, incidental, punitive, compensatory or consequential damages, even if SocialPay has been advised of the possibility of such damages, (iv) any issues whether they are software issues, viruses, or the like (regardless of the source) related to the Platform, the services offered on the Platform or these Terms and Conditions.
To the fullest extent permitted by law, SocialPay disclaims liability for losses, damages, injuries, claims and proceedings arising out of or in connection with your usage of the Platform, the Campaigns, the Social Pay Impact Card and any matters contemplated under these Terms and Conditions.
SocialPay shall not be liable for any delay or failure in performance whatsoever due to any cause beyond its reasonable control, including, acts of God, earthquakes, shortage of supplies, labor disputes or other occurrences due to unforeseen circumstances.
In acknowledgement of the limitations of liability set forth in these Terms and Conditions, you agree to use the Platform at your sole risk.
You shall indemnify and hold SocialPay harmless in the context of SocialPay’s involvement with you, from and against any and all losses, claims, actions, liabilities, or other damages with respect to and/or defending any action, suit, proceedings, or claim that is made to which SocialPay is subject or otherwise involved in any capacity, caused by, resulting from, arising out of or based upon your breach or violation of these Terms and Conditions, and any conduct by you which gives rise to liability.
- ENTIRE AGREEMENT
These Terms and Conditions, together with any policy referred to herein, constitutes the entire agreement between you and SocialPay with respect to the subject matter hereof. These Terms and Conditions shall supersede all prior or contemporaneous negotiations and agreements between you and SocialPay regarding the subject matter hereof.
If any section or article in these Terms and Conditions is deemed to be unlawful, illegal, invalid or unenforceable by law or by a court of competent jurisdiction, the article in question shall be deemed null and void, and shall be severed from these Terms and Conditions. The remaining sections and articles in these Terms and Conditions shall remain in full force and effect.
In the event that SocialPay does not insist on the performance of any obligation set forth in these Terms and Conditions, this shall not be construed as a waiver of SocialPay’s rights, nor shall this relieve the User of performing its obligation(s) under these Terms and Conditions.
To be valid and binding, any waiver or modification of any provision in these Terms and Conditions shall be in writing and signed by SocialPay. The waiver or modification shall not be deemed a waiver or modification of such provision on more than one (1) occasion or of any other provision.
- GOVERNING LAW AND VENUE
These Terms and Conditions and all matters arising out of or relating to these Terms Conditions shall be governed by and construed according to the laws of the State of Delaware and any applicable federal laws, without giving effect to any conflict of laws principles that would cause the laws of another jurisdiction to apply.
In the event of any dispute, breach or claim arising out of these Terms and Conditions, you agree that the competent courts in the State of Delaware shall have jurisdiction. You irrevocably consent and submit to the jurisdiction of such courts, acknowledging, however, that SocialPay reserves the right to institute proceedings in another jurisdiction if SocialPay deems it would be desirable to do so.
- WRITTEN NOTIFICATIONS
Any notices, claims, inquiries, or support requests you wish to address to SocialPay must be provided in writing, and sent by email or registered mail to SocialPay’s headquarters, whose address is indicated hereinbelow:
2093 Philadelphia Pike
Claymont, State of Delaware
- QUESTIONS AND COMMENTS
Any questions, comments, feedback or reported breaches of these Terms and Conditions should be directed to SocialPay in writing via the Platform or to the email address specified on the Platform.