1. Introduction

Introduction

1.2 The Website is an online platform where individuals and organizations (“Social Ventures”) can create campaigns and raise funds for projects benefiting social, community, or charitable causes (“Social Projects”), and where Supporters can donate money (“Donation”) to support those Social Projects.

1.3 Please read these Terms of Service carefully. If you do not agree to be bound by these Terms of Service, you should not continue using or accessing the Website or its associated services.

1.4 By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service each time you use the Website.

1.5 If you are accessing the Website to create a Social Project, you agree to these Terms of Service both personally and on behalf of your Social Venture as its authorized representative. If you are not authorized to accept these Terms of Service for your Social Venture, you must not submit a Social Project to the Website on its behalf.

1.6 These Terms of Service may change or be updated from time to time. HeartGivingAssociation will post updates to the Terms of Service on the Website. 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 from the date we post the revised version.

2. Terms for Supporters

Donating to a Social Project: General

2.1 You make your Donation to a Social Project, not to HeartGivingAssociation – we connect Supporters with Social Ventures and their Social Projects. After your Donation to the Social Project, the Social Venture will transfer amounts owed to HeartGivingAssociation directly to us. Donations can be made via PayPal, credit or debit card, direct debit, Apple Pay, or Google Pay. All PayPal Donations are processed by PayPal under the terms of your agreement with PayPal. Credit/debit card and direct debit Donations are processed by Stripe or Stripe Connect (or other “payment providers”) in accordance with this Agreement. Transaction fees apply (see clauses 2.16 and 2.17 below for more details).

2.2 Donations are subject to a minimum of $1.00 per Donation. Donations are processed in the currency shown on the payment page, and you may be able to change the currency. If your payment card or PayPal or bank account is in a different currency, conversion fees may apply, and your financial institution may charge them. Donations can be made at any time from the start of a campaign up to the Funding Deadline for time-limited campaigns. Once the Funding Deadline expires, no new Donations can be made.

2.3 HeartGivingAssociation will not pursue Supporters for uncollected Donations. It is the responsibility of the Social Venture to contact any Supporters whose payment has failed and request an alternative payment method.

2.4 Donations will be charged to your PayPal account or credit/debit card or bank account at the time of your Donation. PayPal and Stripe Connect Donations will be paid to the Social Venture’s PayPal or Stripe account at or near the time of your Donation. Any amounts marked as a Contribution to HeartGivingAssociation will be transferred by the Social Venture to HeartGivingAssociation near the time of the transaction.

Changes to and Cancellations of Donations

2.10 Donations cannot be canceled once your payment has been collected. If you wish to increase your support after making a Donation, you must make another Donation. No new Donations can be accepted after the Funding Deadline for a Social Project. Regular Donations will continue as per the chosen frequency after the Funding Deadline.

2.11 Social Ventures can cancel or refund a Supporter’s Donation at any time outside the HeartGivingAssociation platform. If all Donations to a Social Project are refunded, the Social Venture is not required to continue the project.

2.12 If you disagree with how a Social Project has used your Donation, please contact the Social Venture, not HeartGivingAssociation.

Further Support for Social Projects

2.13 Supporters may be invited by a Social Venture to assist in promoting a Social Project (e.g., via Facebook, Twitter, or email). If you choose to do so, you must comply with all lawful instructions from the Social Venture. Non-compliance may result in suspension or termination of your User account.

2.14 HeartGivingAssociation does not currently offer real-life volunteering opportunities. Requests for volunteers on a Social Project page should be reported to HeartGivingAssociation immediately.

2.15 HeartGivingAssociation is not responsible for the acts, omissions, and communications of Users promoting or engaging with a Social Project.

Contributions to HeartGivingAssociation and Transaction Fees

2.16 Registering on HeartGivingAssociation is free, but when you Donate, you may be asked to contribute an amount to HeartGivingAssociation (“Contribution”) in addition to your Donation. For “Keep 100%” campaigns, the Donor will be required to pay transaction fees along with the Contribution. For “Shared” campaigns, the Social Venture will pay the transaction fees. Transaction fees are charged by PayPal or our payment providers. Contributions are transferred from the Social Venture to HeartGivingAssociation for PayPal Donations and Stripe Connect donations.

2.17 You may adjust the amount of your Contribution, with the smallest being zero. Transaction fees may vary by region. The minimum transaction fee for all transactions is $0.20 plus 2.0% of the payment amount.

2.18 PayPal and other payment providers process Contributions at the time of your Donation. Donations via direct debit may take 5-10 days to process.

2.19 Contributions are non-refundable, including transaction fees, if your Donation is returned because a Social Project is canceled or for any other reason.

Perks

2.20 Some Social Ventures may offer Perks as a thank you for your Donation. You acknowledge that, in certain cases, a Social Venture may be unable to deliver these Perks. If this happens, delivery or non-delivery of the Perk is the responsibility of the Social Venture, not HeartGivingAssociation.

Tax Deductions and Receipts

2.21 You will receive a receipt for your Donation. In some cases, donations to a Social Venture may be tax-deductible, but in other cases, they may not be.

2.22 It is your responsibility to confirm whether the Social Venture has the legal status to allow you to claim a tax deduction. It is also your responsibility to determine whether any Perks received will affect your ability to claim a tax deduction.

2.23 By using the Website, you agree that HeartGivingAssociation is not liable for any unpaid taxes, interest, fines, penalties, or other claims related to the tax deductibility of your Donation. You also agree to indemnify us for any claim related to the tax deductibility of your Donation.

3. Terms for Social Ventures

Creating and Running a Social Project

3.1 Social Ventures must provide full details of their status and proposed Social Project in the HeartGivingCampaign Editor.

3.2 Social Projects must meet certain qualifying criteria to be listed on the Website, including:

(a) The fundraising target (“Fundraising Target”) and the expiry date of the campaign (“Fundraising Deadline”) for time-limited campaigns;

(b) The full name of the individual or organization and email address;

(c) A description of the campaign, the intended use of funds, and any potential Perks, Impact levels, or neither;

(d) A properly connected Stripe or PayPal account;

(e) Evidence of the identity of the Social Project user account holder for payment provider verification;

(f) Compliance with relevant fundraising laws of the jurisdictions you intend to raise funds from;

(g) Alignment with one of our Social Impact Focus Areas.

3.3 By submitting a Social Project for listing on the Website, you represent and warrant that you are authorized 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 this appointment, for providing receipts to donors.

3.4 Social Ventures may accept Donations via PayPal or direct credit/debit card facility. You agree to promptly forward any Contribution intended for HeartGivingAssociation to us in full.

3.5 Once the campaign begins, you may edit your Social Project’s page, provided the substance of the project is not altered (determined by HeartGivingAssociation in its sole discretion).

3.6 Time-limited Fundraising campaigns have a duration of 1-180 days. HeartGivingAssociation is not responsible if a project does not reach its Fundraising Target by the deadline. Infinity Mode campaigns may collect donations until the Social Venture deactivates the mode.

3.7 As a Social Venture, you must:

(a) Not solicit real-life volunteers or employees through the Website;

(b) Answer any questions or provide requested information to HeartGivingAssociation for campaign quality or verification;

(c) Keep your Social Project page accurate during the campaign;

(d) Inform HeartGivingAssociation immediately if anything affects the integrity or success of the project;

(e) Complete the project substantially as planned or refund Donations;

(f) Provide updates about the project’s progress and use of funds at 1 and 6 months after the Funding Deadline;

(g) Refrain from acting on Donations until they are received and available to use;

(h) Correctly calculate and remit applicable taxes;

(i) Comply with HeartGivingAssociation’s Privacy Policy and all relevant laws regarding the handling of Supporter information;

(j) Obtain necessary permissions to use the Website and create and run the Social Project;

(k) Continuously comply with all fundraising laws and regulations.

Perks

3.8 You may offer non-monetary incentives to Supporters (“Perks”) as a thank-you for donating. You are not obliged to do so, but may offer one or more Perks with qualifying criteria.

3.9 HeartGivingAssociation has the right to remove any Perks you offer.

3.10 You represent and warrant that:

1. You will provide Perks to Supporters who meet the criteria and whose Donation has not been canceled or refunded;
2. You will deliver Perks promptly, as promised, after receiving the Donation;

iii. You will maintain sufficient funds to deliver all Perks;

1. You will not provide any benefits in exchange for a Donation other than the Perk and completion of the Social Project.

3.11 Offering financial products, ownership interests, or rewards such as cash is prohibited and may breach fundraising laws.

3.12 HeartGivingAssociation does not guarantee that offering Perks will be legally permissible or that it will not affect an organization’s status or tax position. It is your responsibility to determine the legal permissibility of offering Perks.

Chargebacks

3.13 You agree that HeartGivingAssociation and its payment providers may reverse payments due to fraud or error (“chargeback”). As a Social Venture, you agree to indemnify HeartGivingAssociation for any losses due to chargebacks, including payment provider fees. In cases of fraud, HeartGivingAssociation may refund some or all Donations without notice.

Cancellation of Donations

It is important to note that once a Donation is made, it cannot be canceled or refunded as the funds are directed toward supporting Social Projects. This policy ensures that contributions are fully dedicated to causes that support social initiatives and impact.

4. Terms for All Users

Use of the Website

HeartGivingAssociation (heartgivingassociation.org) (the “Website”) and its associated services, operated by ASSOCIACAO SYNTHETIC HEART TECHNOLOGY (CNPJ 33.822.622/0001-54) (“HeartGivingAssociation”, “we” or “us”). Our address is Alameda dos Anapurus, 1580, Conjunto 73, Bairro Indianópolis, São Paulo, SP, CEP 04087-005. You can reach us at [email protected]. These terms (“Terms of Service”) govern your use of the Website and its associated services (“you” or “user”).

4.1 You must register with HeartGivingAssociation and create a User account to donate to, or create and manage, a Social Project, or to access certain features of the Website. Registration can be completed via a form on the Website, or an account may be automatically created for you when using certain functions of the Website.

4.2 You must be 18 years or older to register with HeartGivingAssociation and to use the Website and its associated services.

4.3 You must provide accurate, complete, and current information when registering with HeartGivingAssociation and must keep this information up to date. Failure to do so is a breach of these Terms of Service and may result in immediate termination of your account in serious cases.

4.4 You must use your real name or organization name when registering 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 rights of another person, without proper authorization; or

(c) Is otherwise offensive, vulgar, or obscene.

4.5 It is your responsibility to ensure the safety and security of your HeartGivingAssociation User account. You must not share your password with anyone or allow anyone else to access your account. Be careful not to leave your password and account details in places where others could find them.

4.6 You are responsible for all activity that occurs under your User account. You must immediately notify HeartGivingAssociation of any unauthorized use of your account or password, or any other known account-related security breach.

4.7 A Social Venture may have multiple registered Users. Multiple Users can manage and edit each Social Project page. Social Ventures must not allow their members, employees, or other associated individuals to share login details.

4.8 HeartGivingAssociation reserves the right, in its sole discretion, at any time and without notice, to:

(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 any Content, including but not limited to User submissions, for non-compliance with these Terms of Service, or in cases where HeartGivingAssociation suspects fraud or error.

4.9 HeartGivingAssociation also reserves the right to reverse a Donation made to a Social Project, including any transaction fees charged as part of the original Payment and on the reversal of the Payment, at any time after the Donation is processed, including in cases of chargeback, as described in clause 3.13. Any fees will be deducted from the original Donation amount before issuing any refund to your account.

4.10 Subject to clause 3.8, making a Donation does not entitle a Supporter to any interest in or benefit from the Social Project.

Your relationship with PayPal

4.11 To accept Donations via PayPal for a Social Project on the Website, you must have a fully functional Business PayPal account. To donate to a Social Project, you must have a functional PayPal account.

4.12 All PayPal Donations and Contributions are processed through PayPal. Your use of PayPal’s services is subject to your agreement with PayPal. HeartGivingAssociation is not responsible for PayPal’s performance or your use of its services. Any issues with making or receiving Donations via PayPal should be directed to PayPal’s customer service. If PayPal cannot resolve an issue with a Donation, you should contact the Social Venture or the Supporter who made the Donation for assistance.

Tax-Deductible Giving

4.13 Donations and Contributions made through HeartGivingAssociation may or may not be tax-deductible for tax purposes.

4.14 It is your sole responsibility to determine the tax implications, if any, of making or receiving a Donation. If you wish to make or receive tax-deductible Donations via the Website, you must confirm whether the relevant Social Venture qualifies as an entity legally authorized to issue tax-deductible or Gift Aid receipts in your jurisdiction.

4.15 HeartGivingAssociation does not represent, warrant, or guarantee that:

(a) Any Donations made through the Website will be deductible for income tax purposes; or

(b) Receiving Donations through the Website will not affect or compromise a Social Venture’s status or eligibility to issue tax-deductible or Gift Aid receipts.

4.16 For the issuance of tax receipts, HeartGivingAssociation acts as an agent on behalf of the Social Venture. We provide all donors with a receipt. However, only donations made to Social Ventures that have indicated they are eligible entities are tax-deductible. If you receive a perk, your donation may not be tax-deductible. It is the responsibility of the donor to check if receiving any perk affects the tax deductibility of the donation. HeartGivingAssociation does not assume any responsibility for a failure to provide tax receipts. See clauses 2.21, 2.22, and 2.23 for further details.

Content Licence and Intellectual Property

4.17 You may submit Content to us for inclusion in a Social Project’s campaign or as a comment on the Website. You agree that we may publish and communicate any such Content to the public. By submitting Content, 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 the Content for any purpose, anywhere in the world, including (without limitation) in relation to the Website and its services, or any other services or products; and

(b) Allow any other person, company, or organization to do any of the things referred to in (a) (“Licence”).

For the avoidance of doubt, the Licence survives the termination of these Terms of Service.

4.18 You unconditionally and irrevocably agree to:

(a) Consent to any act or omission that would otherwise infringe your moral rights in the Content; and

(b) Waive all or part of your moral rights in the Content to the extent permitted by law.

You further agree to ensure that all individuals involved in developing the Content provide the above consents and waivers to the extent they own moral rights in the Content. If the consents or waivers do not operate as immediate consent or waiver, you agree to procure written consent and waiver from all relevant persons at any time upon HeartGivingAssociation’s request.

4.19 You agree to do everything necessary (including executing documents upon request) to give HeartGivingAssociation the full benefit of the Licence.

4.20 All intellectual property rights related to the Website (including the HeartGivingAssociation logo and site design) and the name HeartGivingAssociation.org (“IP”) belong to HeartGivingAssociation or our licensors. Your use of third-party IP may be subject to their terms and conditions. Nothing in these Terms of Service or elsewhere on the Website transfers or licenses any IP to you. You must not use any such IP without express permission from HeartGivingAssociation and, if applicable, the licensor. Unauthorized use of third-party IP may infringe on IP rights and breach these Terms of Service, leading to immediate termination of your User account.

4.21 Except as prohibited by applicable laws (such as the Copyright Act 1968 (Cth)), you must not decompile, disassemble, or attempt to derive the source code or underlying algorithms of any part of the Website. You must not copy, transfer, rent, lease, distribute, modify, translate, or create derivative works of any part of the Website.

Your Conduct, Representations, and Warranties

4.22 You personally represent and warrant to HeartGivingAssociation that:

(a) You are at least 18 years of age.

4.23 You represent and warrant to HeartGivingAssociation, both personally and on behalf of your Social Venture, that:

(a) You have the legal capacity and authority to agree to these Terms of Service and grant the Licence (including, if you are accepting on behalf of a Social Venture, you are authorized to do so);

(b) You have obtained consent from all individuals whose Personal Information is included in the Content for its use and disclosure to HeartGivingAssociation, in line with the HeartGivingAssociation Online Privacy Policy.

4.24 You agree that you will not take any action on the Website, submit Content to the Website or offer a Perk on the Website that: (a) infringes any intellectual property right (including trade secrets), moral right, obligation of confidence, or otherwise breaches the rights of any other person or entity; (b) 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; (c) constitutes unsolicited or unauthorized advertising or promotional material (“spam”), chain letters, surveys, raffles, lotteries, contests, or pyramid schemes; (d) disrupts, damages, limits, modifies, obtains unauthorized access to or otherwise interferes with the proper function of any security measures, software, hardware, or telecommunications equipment or information of HeartGivingAssociation or any third party (including submitting Content which contains software viruses, computer codes, files, or programs that are intended to have such an effect); (e) is false, misleading, deceptive, or inaccurate, including by misrepresenting your identity or affiliation with any other person or organization; (f) imposes or may impose (as determined by HeartGivingAssociation) an unreasonably large load on HeartGivingAssociation’s or its third-party service providers’ technology infrastructure; (g) uses manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or (h) 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).

Indemnities 4.25 You agree to indemnify HeartGivingAssociation, 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: (a) your use or misuse of, or wrongful access to, the Website; (b) any act of fraud, breach of applicable law or willful 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 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, trademark infringement, other intellectual property infringement, disclosure of confidential information, passing off, and misleading or deceptive conduct.

4.26 You agree to notify HeartGivingAssociation of any matter(s) that could reasonably be expected to fall within clause 4.25 above as soon as possible after you become aware of such matter(s).

4.27 HeartGivingAssociation reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you must assist and cooperate with HeartGivingAssociation in asserting any available defenses.

4.28 The indemnities in clause 4.25 above survive termination of these Terms of Service.

Disclaimers and Limitation of Liability 4.29 If you are a consumer, you have certain rights under consumer protection legislation (“Consumer Rights”), which cannot be excluded or limited by HeartGivingAssociation. 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: (a) HeartGivingAssociation 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 (b) Your use of the Website (including, without limitation, all material obtained from or linked to the Website) is at your sole risk.

4.30 If your Consumer Rights prevent HeartGivingAssociation 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 HeartGivingAssociation is entitled to do so and despite any other provision in these Terms of Service, HeartGivingAssociation limits its liability in respect of any claim relating from those non-excludable representations, warranties, guarantees or other obligations to, at HeartGivingAssociation’s option: (a) the supply of the affected services again; or (b) the payment of the cost of having the affected services supplied again.

4.31 HeartGivingAssociation introduces Supporters to Social Ventures via the Website, but it is a Supporter’s responsibility to investigate independently and satisfy him or herself as to the identity of a Social Venture and the veracity of any claims on a Social Project page. Subject to clause 4.29, HeartGivingAssociation does not represent, warrant or guarantee: (a) the identity, contact details or bona fides of the Social Venture, or the accuracy of any statements made on Social Project pages; (b) the feasibility, suitability, appropriateness or success of a Social Project; (c) that the Social Venture will use your Donation for the Social Project in accordance with the statements on its Social Project page; (d) the Social Venture’s capacity or willingness to carry out a Social Project or provide any Perks offered; nor (e) that the full amount of Donations collected or pledged on the Website will be received in full and without deduction by a Social Venture in all circumstances (for example, Donations may be reversed where a fraudulent transaction is proven, or may not be collected if a Supporter does not have sufficient funds available or has had their credit or debit card cancelled at the time PayPal attempts collection).

4.32 To the fullest extent permitted by law and subject to clause 4.29, HeartGivingAssociation 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: (a) your use of, or reliance on, the Website (or any information contained on or linked to the Website) and/or its continued availability; (b) any dealing you have with any charity, not-for-profit, entity, organization or individual who uses the Website; (c) HeartGivingAssociation’s exercise of its rights under clause 4.8; and (d) the failure by a Social Venture to meet its obligations under these Terms of Service.

4.33 Neither you nor HeartGivingAssociation 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.

4.34 HeartGivingAssociation takes your privacy very seriously. All your Content and your personal information is held in accordance with the HeartGivingAssociation Privacy Policy www.heartgivingassociation.org/privacy. Please review this document carefully to ensure you understand it before accepting these Terms of Service.

4.35 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, HeartGivingAssociation. When accessing third party websites, you do so at your own risk.

Termination

4.36 If you are a Supporter, HeartGivingAssociation may terminate your access to the Website and/or your User account immediately (or at a later time), without cause or prior notice.

4.37 If you are a Social Venture, HeartGivingAssociation 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 HeartGivingAssociation’s reasonable opinion: (a) your breach is significant or serious; and (b) suspension or termination of access, as applicable, is justified by your breach.

4.38 If you wish to terminate your User account, you may do so by following the instructions on the Website.

4.39 Upon or at any time after termination of your User Account for any reason, HeartGivingAssociation will delete your Content except to the extent that HeartGivingAssociation is required to retain it by law, or you consent for HeartGivingAssociation 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. HeartGivingAssociation 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.

Changes to the Website and these Terms of Service 4.40 HeartGivingAssociation 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. HeartGivingAssociation does not guarantee that any content, including your Content, will be available through the Website at all or specific times.

Governing Law 4.41 These Terms of Service are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Interpretation

Content means all content submitted by you and made available through the Website including, but not limited to, text, video, audio clips, graphics, photographs, images, artwork, comments, data, software, and scripts.

Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Social Project means a social initiative that is created by a Social Venture and for which that Social Venture campaigns for Donations through the Website.

Social Venture means a registered charity, organization, group, person, or entity which campaigns for a Social Project through the Website, on a social impact basis, and where the context permits includes anyone acting on its behalf or with their express or implied authority.

Supporter means the holder of a HeartGivingAssociation user account who donates to a Social Project.

Last updated: 22 July 2024