Terms & Conditions

(Effective November, 2017)

These Terms and Conditions (The “Terms and Conditions”) govern the use of the website and services (the “Services”) of From Woman to Woman (De Mujer a Mujer), a non-profit association registered in Switzerland, in addition to any supplemental terms applicable to any particular features, content and functionality of the Services, which such supplemental terms are incorporated by reference into the Terms of Use. By using the Services, Users agree to be bound by these Terms and Conditions, our privacy policy, all applicable laws and all conditions or policies referenced here (collectively, the “Terms”). From Woman to Woman may amend the Terms at any time by posting a revised version of the Terms on our Services. Access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

Definitions

In these Terms, we refer to help seekers as “Project Owners” and to their offering or initiatives as “Projects.” We refer to those contributing technical expertise/experiences as “Contributors/Help givers” and to the technical expertise/experiences they contribute as “Contributions”. Project Owners, Contributors and other visitors to the Services are referred to collectively as “Users.”

From Woman to Woman is a Venue

From Woman to Woman is an online venue for women and entities seeking to share knowledge and expertise/experiences, to develop and implement initiatives/projects, helping each other to achieve their full potential. From Woman to Woman makes no representations about the quality, safety, morality or legality of any Project or Contribution or the truth or accuracy of any and all User Content (as defined below) posted on the Services. From Woman to Woman does not represent that Projects will deliver outcomes as described in the Description of the Project. Users use the Services at their own risk. The Services do not include the offer or sale of securities or guarantees.

Eligibility to Use the Services

Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17 can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. From Woman to Woman reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Project, Contribution, or the Services at any time for any reason without liability.

Prohibited Campaigns

Project developers are not permitted to create a Project asking help for technical expertise or advertising the project to raise funds for illegal activities, to cause harm to people or property, or to scam others. If the Project is claiming to do the impossible or it’s just plain phony, don’t post it. Users must comply with all applicable laws and regulations in connection with their Projects, including offering technical help. Project Owners shall not make any false or misleading statements in connection with their Projects.

Project Owners must not: (1) include threatening, abusive, harassing, defamatory, libelous, or profane content in any Project, or content that is invasive of another’s privacy; (2) impersonate any person or entity, including any employee or representative of From Woman to Woman, or (3) infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violate any law or contract.

Prohibited Rewards

Project Owners are not permitted to offer or provide any of the following as a reward to Contributors/Help givers:

  • any form of financial incentive, reward or participation in any profit sharing;
  • any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
  • any controlled substance or drug paraphernalia;
  • any weapons, ammunition and related accessories;
  • any form of lottery or gambling;
  • any human remains, such as bones or skulls;
  • any form of air transportation; or
  • any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person’s rights if distributed.
Community Guidelines

From Woman to Woman is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:

  • use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
  • post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
  • spam the comments sections or other Users with unsolicited or unauthorized offers of goods and services, advertising, promotional material, junk mail, spam or chain letters, or inappropriate messages;
  • engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or
  • bypass any measures From Woman to Woman may use to prevent or restrict access to the Service;
  • run any form of auto-responder or “spam” on the Service;
  • Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or
  • take any action that imposes, in From Woman to Woman’s sole discretion, an unreasonable load on From Woman to Woman’s infrastructure;
  • represent products or initiatives created by others as your own creation, or act as a reseller of others’ products or initiatives;

From Woman to Woman reserves the right to remove Projects and terminate User Accounts for such activities at any time without liability.

Prohibited Visual Elements in Projects Images

Projects Owners are not permitted to do any of the following with Project images:

  • incorporate From Woman to Woman colours and branding elements, including but not limited to logos, coloured frames, borders or badges;
  • include any visual element that could be interpreted to have been produced by From Woman to Woman, including but not limited to banners, progress bars or funding stats;
  • include any visual element that communicates endorsement by From Woman to Woman.
Disputes between Project Owners and Contributors

From Woman to Woman does not recognize any third party and/or agency affiliated with the Project as a Project Owner. If a Project Owner is unable to perform on any promise and/or commitment to Contributors or the other way around, the Project Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include the issuance of a refund (in case financial contribution was provided) of Contributions by the Project Owner. From Woman to Woman is under no obligation to become involved in disputes between Project Owners and Contributors, or Users and any third party. In addition, From Woman to Woman is under no obligation to become involved in disputes regarding the determination of the rightful Project Owner, and will not be obligated to make any changes to Project Owner/Contributors accounts or transfer of ownership. In the event of any dispute, we may provide the users’ contact information to the Project Owner/Contributor so that the two parties may resolve their dispute.

User Accounts

All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify From Woman to Woman immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information From Woman to Woman may reasonably request and to answer truthfully and completely any questions From Woman to Woman might ask you in order to verify such User’s identity.

License to Users and Use of From Woman to Woman Trademarks

From Woman to Woman grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User’s eligibility and continued compliance with the Terms.

With the exception of User Content (defined in the User Content paragraph below), all content made available through the From Woman to Woman platform, such as, but not limited to, text, graphics, logos, button icons, images, audio clips, and software, is the property of From Woman to Woman or other Project Owners and is protected by Swiss and international intellectual property laws.

The trademark From Woman to Woman® is a registered trademark owned by From Woman to Woman. Users are strictly prohibited from registering domain names, social media accounts, user names, handles, trademarks, copyrights, apps, trade names, or corporate names that incorporate the From Woman to Woman trademark or are confusingly similar to From Woman to Woman’s trademarks.

Project Owners

Project Owners will respond promptly and truthfully to all questions posed to them by From Woman to Woman or any Contributor. Project Owners will provide timely, frequent and substantive updates to their Contributors. If any Project Owner is unable to fulfil any of its commitments to Contributors, the Project Owner will work with the Contributors to reach a mutually satisfactory resolution.

Your location as reflected on your Project page must match your legal residence that you submit to From Woman to Woman when you create the Project. Project Owners may not create multiple Projects without proof of meeting fulfilment obligations from the original Project. Failure to adequately fulfil Project obligations may result in From Woman to Woman removing the Project(s) from From Woman to Woman website.

Service Fees

Setting up an account on the Services is free and fully accessible to Individual Users (WOMEN).

Setting up an account on the Services is free and accessible to the basic features (Profile and Working Space) for Organization Users (For profit and non-profit organizations). Organizations can access upgraded and customized functionalities and dashboards when becoming paying members:

Non- profit organizations:

Bronze level: Contribution USD 100 per year – Access to an enhanced “Working Space”, with a Community feature that allows the organization to group their members and assign them a project to help with/contribute.

Silver level: Contribution USD 300 per year – Access to an enhanced “Working Space”, with a Community feature that allows the organization to group their members and assign them a project to help with/contribute. Also, the Time Availability feature allows them to designate and measure the time the teams (grouped individual members) invest in helping in one/different projects within the organization or owned by other members of the W2W community.

Gold level: Contribution USD 600 per year – Access to an enhanced “Working Space”, with a Community feature that allows the organization to group their members and assign them a project to help with/contribute. Also, the Time Availability feature allows them to designate and measure the time the teams (grouped individual members) invest in helping in one/different projects within the organization or owned by other members of the W2W community. This level of membership grants you the right to access your reports of the overall time spent by the users per group and project.

Platinum level: Contribution USD 800 per year – Access to an enhanced “Working Space”, with a Community feature that allows the organization to group their members and assign them a project to help with/contribute. Also, the Time Availability feature allows them to designate and measure the time the teams (grouped individual members) invest in helping in one/different projects within the organization or owned by other members of the W2W community. This level of membership grants you the right to access your reports of the overall time spent by the users per group and project.

W2W develops a report (in digital format) with the list of the projects supported by the organization, employees’ list and the number of hours given by them to the different projects/individual users of the platform.

For profit organizations:

Bronze level: Contribution USD 200 per year – Access to an enhanced “Working Space”, with a Community feature that allows the organization to group their members and assign them a project to help with/contribute.

Silver level: Contribution USD 600 per year – Access to an enhanced “Working Space”, with a Community feature that allows the organization to group their members and assign them a project to help with/contribute. Also, the Time Availability feature allows them to designate and measure the time the teams (grouped individual members) invest in helping in one/different projects within the organization or owned by other members of the W2W community.

Gold level: Contribution USD 1200 per year – Access to an enhanced “Working Space”, with a Community feature that allows the organization to group their members and assign them a project to help with/contribute. Also, the Time Availability feature allows them to designate and measure the time the teams (grouped individual members) invest in helping in one/different projects within the organization or owned by other members of the W2W community. This level of membership grants you the right to receive a REPORT of the overall time spent by the users per group and project.

Platinum level: Contribution USD 1500 per year – Access to an enhanced “Working Space”, with a Community feature that allows the organization to group their members and assign them a project to help with/contribute. Also, the Time Availability feature allows them to designate and measure the time the teams (grouped individual members) invest in helping in one/different projects within the organization or owned by other members of the W2W community. This level of membership grants you the right to receive a REPORT of the overall time spent by the users per group and project.

W2W develops a report (in digital format) with the list of the projects supported by the organization, employee’s list and the number of hours given by them to the different projects/individual users of the platform.

Changes to Service Fees are effective after we post notice of the changes on the Services.

User Content

While using the Services, Users may post photos, videos, text, graphics, logos, artwork and other audio or visual materials (collectively, “User Content”). Users grant From Woman to Woman a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and From Woman to Woman, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.

Promotions

Project Owners may not offer any contest, competition, giveaway, sweepstakes or similar activity (each, a “Promotion”) on the Services without From Woman to Woman’s prior written permission (which may be granted or withheld by From Woman to Woman in its sole and absolute discretion). Project Owners may request permission from From Woman to Woman by sending an email to community@fromwomantowoman.org. Subject to and upon any such permission, each Project Owner offering any Promotion further acknowledges and agrees that: (a) such Project Owner shall be solely responsible for all facets of each such Promotion; (b) such Promotion does not require any Contribution or other payment of any amount as the sole method of entry into such Promotion; and (c) the official rules for such Promotion shall include clear and conspicuous language to the effect that: (i) From Woman to Woman does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases From Woman to Woman from any and all liability; and (iii) all questions concerning the Promotion must be directed to the Project Owner and not to From Woman to Woman.

Third-Party Websites, Advertisers or Services

The Services may contain links to third-party websites, advertisers, or services that are not owned or controlled by From Woman to Woman. Access to or use of third-party sites or services are at each User’s own risk. Except as otherwise expressly provided herein, From Woman to Woman is not responsible for any loss or damage of any sort relating to User dealings with these third-party sites or services. We encourage Users to be aware of when they leave the Services, and to read the terms and conditions and privacy policy of any third-party website or service that they visit.

Payment Services

Payment: All donations and subscription services are quoted on the Site in U.S. dollars. You agree to provide us with your debit or credit card information prior to placing an order and you expressly authorize us to charge your debit or credit card to process the transaction.

No Refunds: Fees will not be prorated upon cancellation and/or termination and all fees paid through the date of termination are nonrefundable.

Donors that accept PayPal and Contributors that use PayPal acknowledge and agree to comply with PayPal’s Acceptable Use Policies. Credit card payment processing services for donors on From Woman to Woman are provided by Stripe, Inc. (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). As a condition to From Woman to Woman enabling credit card payment processing services through Stripe, you agree to provide From Woman to Woman accurate and complete information about you and your business, and you authorize From Woman to Woman to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.

Indemnity

Each User agrees to defend, indemnify and hold harmless From Woman to Woman, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. From Woman to Woman may assume the exclusive defense and control of any matter for which Users have agreed to indemnify From Woman to Woman and each User agrees to assist and cooperate with From Woman to Woman in the defense or settlement of any such matters.

No Warranty

From Woman to Woman has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER’S OWN RISK.

Limitation of Liability

FROM WOMAN TO WOMAN (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED EUROS (€ 100.00) OR THE FEES PAID TO FROM WOMAN TO WOMAN FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FROM WOMAN TO WOMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

From Woman to Woman is not responsible nor liable for the completeness or accuracy of User content (such as, but not limited to, project descriptions, identity of users, desired project outcomes, project background, etc.). From Woman to Woman is under no obligation to verify User information provided, but may do so.

Under no circumstance is From Woman to Woman in any form responsible or liable for any and all exchanges between Users and the resulting effects. From Woman to Woman is not responsible nor liable for any advice, information, help, counseling, training and other forms of intellectual exchange given and received by Users, nor for any resulting financial, business-related and personal consequences. “Contributors” are bound to offer their advice, information, help, counseling, training and other forms of intellectual exchange to the best of their abilities and knowledge, following principles of good, responsible and sustainable business practices, good governance, and good faith. “Project Owners” are responsible to assess the advise/help given (in whatever form) and are solely responsible for the effects, financial and non-financial, that follow when implementing such advise/help. By signing up for, and using the Platform, Users expressly agree to the principles set forth in this paragraph.

For jurisdictions that do not allow From Woman to Woman to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then From Woman to Woman’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, From Woman to Woman does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.

Assignment

The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by From Woman to Woman without restriction or consent.

Termination; Survival

Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but From Woman to Woman may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

Users agree that: (a) the Services shall be deemed solely based in Switzerland (the principal place of business and headquarters of From Woman to Woman); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over From Woman to Woman, either specific or general, in jurisdictions other than Switzerland. This Agreement shall be governed by the laws of Switzerland, without respect to its conflict of laws principles.

Arbitration

From Woman to Woman and User agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, rather than in court, except that a User at its election may assert claims in small claims court, if the User’s claims otherwise qualify for adjudication in that court. From Woman to Woman and User manifest their assent to arbitrate by providing and using the Services. Arbitrable claims are those that From Woman to Woman asserts against User, and that User asserts against From Woman to Woman, any related or affiliated entity, and the officers, directors, agents or employees of any of them. To the maximum extent permitted by law, the Parties agree to arbitrate claims on an individual basis only, and they waive any right to bring, participate in, or recover under, a class, collective, consolidated or representative action. The arbitrator shall apply the Terms and the same substantive law to the dispute as a court would, and the same law of remedies. To begin an arbitration proceeding against From Woman to Woman or a related party, a User must send a letter requesting arbitration and describing the claim to From Woman to Woman’s registered headquarters.

Disclaimers

Project Owners and other Users should be aware that many countries impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those countries. While provisions vary country to country, these country laws typically include registration and reporting requirements. From Woman to Woman merely provides a technology platform to allow Project Owners to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.

From Woman to Woman makes no representations, warranties or other assertions as to the potential tax-deductible status of any Contribution by a Contributor to a charitable cause or to a Project whose purported recipient is a recognized non-profit organization or other tax -advantaged organization. The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains currently deemed—a charitable or tax-advantaged organization.

English Language

In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

Cooperation with Authorities and Police Enforcement

We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.

Notification Procedures

Users agree From Woman to Woman may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.

Unsolicited Idea Submissions

We are always pleased to hear from our Users, and welcome their comments or suggestions. However, products, services, and features developed by From Woman to Woman or its Users might be similar or even identical to a submission received by From Woman to Woman or its Users. When we refer to a “submission” in this paragraph, we mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services and suggested changes) made either on the From Woman to Woman platform or to From Woman to Woman about an existing product or service on, or a feature of, or a proposed addition to, the From Woman to Woman platform.

With regard to User submissions:

(1) all such submissions are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary;

(2) From Woman to Woman and its Users will have no express or implied obligation or liability of any kind concerning the submissions, including, for example, any use or disclosure of the submissions; and,

(3) From Woman to Woman and its Users are entitled to unrestricted use or disclosure of the submissions for any purpose whatsoever, all without compensation to the User that submitted the submission.

Entire Agreement/Severability

These Terms are the entire agreement between each User and From Woman to Woman regarding its subject matter. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. From Woman to Woman’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Changes to Terms

From Woman to Woman may alter the Terms at any time, so please review them frequently. If a material change is made, From Woman to Woman may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A “material change” will be determined at From Woman to Woman’s sole discretion, in good faith, and using common sense and reasonable judgment.

 

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