The limited liability company "Y2C", hereinafter referred to as "Company", on the one hand, and the third party, hereinafter "User" (including initiator and donor), who have accepted the offer published on the Internet on the website YesYou.Care, have made the following User Agreement (hereinafter - "Agreement") on the following:
- • Basic terms and definitions
- • General provisions
To avoid ambiguous interpretation or other misunderstandings, terms with the following meanings are used in this Agreement:
1.1. «Portal» (also Website) – the entirety of the data (websites) published on the Internet, which are combined in a theme, design and uniform address space of the domain YesYou.Care and its subdomains. The homepage of the website can be found on the internet at https://yesyou.care there, the initiator has the opportunity to publish information about his projects, measures, gifts with the aim of further access to the information and the possibility for other users to proceed payments in favour of the project.
1.2. «Portal Owner» - The Limited Liability Company "Y2C" (OGRN 1197746023936, INN 9731022172), which owns the administration rights for the Portal. Contact details of the portal owner, as well as other information, are listed in section 10 of this agreement.
1.3. «Portal administration» - authorized employees of the portal owner, who, according to the granted authority, take over administrative and technical support of the portal, as well as organize and proceed the processing of personal data and the objectives of the processing of personal data, content of the personal data to be processed, defining activities (operations) involving personal data.
1.4. «Portal User» (hereafter called "User") means any natural or legal person who, in some way makes use of the portal services and features, either having a registration or not;
1.5. «User Registration» - a defined procedure, after which the user is assigned an individual password and login. The user registration enables the identification of a specific person.
1.6. «User Account» - a part of the portal in the form of a website (web pages) automatically generated for the user after the registration process. Using the functions available on the personal page, the user can use portal features and services.
1.7. «Portal Service»- is part of the portal with a special user interface designed to perform specific tasks.
1.8. «Content» " - any information and program content of the Portal including, but not limited to: text, comments, advertisements, photo and video material, design elements, illustrations, scripts, data processing programs (including games and applications, databases placed on the Portal.
1.9. «Initiator» - a natural or a legal person registered on the website YesYou.Care, who has independently completed the application form for a fundraising campaign, and who has the right, on the basis of the relevant agreement between him and the company, to use the services of the company through the website YesYou.Care.
1.10.«Donor» - a natural or a legal person who supports the donation project published on the website YesYou.Care by means of funds (donation).
1.11.«Application» - information published independently by the initiator on the portal, with the aim of obtaining funds for the implementation of a fundraising campaign, including the disclosure, as well as acquisition of relevant data from users who are interested in participation.
1.12.«Project» - an idea, a measure, the provision of a service, a work, property acquisition, etc. for charitable purposes, according to part 1, Art. 2 of the Federal Act of 11.08.1995 N 135-Federal Act "About Welfare and Voluntary Work (Volunteering) of the Russian Federation", which is to be implemented through the funds raised by charity crowdfunding, as well as the fundraising campaign for this project organized on the portal, on the basis of which the expediency of financial support of this idea is determined by the user himself.
1.12. «Company Services» - the possibility for users to use the portal, inter alia by gaining access to the project information published on the website, or for initiators to publish a fundraising campaign on the portal for the purpose of obtaining and receiving donations from users (donors).
1.13. Terms not listed in this section may be explained in other sections of this agreement.
2.2. The agreement was developed in accordance with the current legislation of the Russian Federation. All relations arising in connection with the use of the portal shall be governed by the applicable law of the Russian Federation, unless otherwise expressly provided in the contract itself or in its annexes.
2.3. The company acts in the name and at the expense of the initiators on the basis of the corresponding agreements concluded between the company and the initiators, and carries out the acceptance of funds from the user (donor) in favour of initiators. All obligations arising from the respective applications occur directly between the user and the initiator. The company is not the applicant. The YesYou.Care website is a platform for the placement of applications from the initiators. The responsibility for the validity and enforceability of obligations in connection with the execution of applications lies solely with the initiator.
2.4. The Company acts on behalf of the initiator and publishes the application-related information, audited by the Administrator in accordance with this Agreement and the rules of the portal. Upon completion of the fundraising campaign, the information on the application will remain on the Company's website and will be available via a one-time link and through a search, unless otherwise provided in this Agreement.
2.5. This Agreement is a written public offer of a limited liability company "Y2C" (OGRN 1197746023936, INN 9731022172) pursuant to Article 437 of the Civil Code of the Russian Federation. The unconditional acceptance of this Agreement by the User (acceptance of this offer by the User in accordance with Article 438 of the Civil Code of the Russian Federation) means that the user takes one of the following actions:
2.5.1. Registration on the portal;
2.5.2. Use of any services or features of the portal, regardless of the existing registration.
2.6. The terms of this agreement can only be fully accepted by the user. A partial refusal to comply with the terms of this Agreement is not permitted. The use of certain services of the portal may be determined by additional agreements and rules published on the relevant pages of the Portal. The specified documents form an integral part of this agreement and are binding for all users of the portal when using corresponding services.
2.7. User's reference to the ignorance of the conditions of this agreement and its additions does not constitute a reason for the non-fulfilment of this agreement by the user. All actions performed by the user on the portal are considered actions of a person who has read the terms of these rules and their supplements and has accepted these rules accordingly.
2.8. The contract is addressed to persons who are fully competent under current civil law, otherwise the user is obliged to refrain from using the internet portal (even if the user did not reach the age of 18 at the time of use of the portal).
2.9. The services and features displayed on the portal pages are provided "as seen" and cannot be modified as desired by an individual or a group of persons, unless otherwise specified in this agreement or its supplements.
2.10. This Agreement and any changes thereto may be modified by the administrator of the Internet portal without any specific personal notification to any user of the Internet portal. The procedure for amending and supplementing this Agreement is set out in Section 9 of the Agreement.
3. Rights and obligations of the internet portal user.
3.1. The user registration on the website is free and voluntary. The company will not charge any fees for the use of the website services, except as expressly provided in this Agreement.
3.2. When registering on the website, the user is required to provide the reliable and relevant information required to design the user's personal page, including a unique login for each user (e-mail address for accessing the website) and a password to provide access to the website as well as a first name, surname, patronymic (if applicable).
3.3. The user is responsible for the accuracy, timeliness, completeness and compliance with the legislation of the Russian Federation regarding the information provided during registration and their freedom from third-party claims.
3.4. Upon registration, the user agrees to the terms of this Agreement and accepts the rights and obligations set forth herein in relation to the use and operation of the website, as well as the terms and conditions defined by the initiator for participation in the relevant fundraising campaigns.
3.5. By accepting the terms of this Agreement by registering on the website, the user agrees, in the event of publication of personal information on the website, in accordance with the legal provisions, using both automated and non-automated means, in particular for collection, storage, disclosure to third parties and use of information by the company to fulfil its obligations to the user under this Agreement.
3.6. Upon successful registration of the user on the website, the company will assume the rights and obligations set forth to the user in this Agreement.
3.7. The user name and password chosen by the user is necessary and sufficient information to allow the user an access to the personal account. The user does not have the right to pass on his username and password to third parties, bears full responsibility for their safety and independently chooses the method of their storage. The user may allow the storage of his login and password (using cookies) on the hardware and software he uses for later automatic authorization.
3.8. Any action performed using the user's username and password is considered to have been performed by the corresponding user. In the event of unauthorized access to the user's username and password and / or personal page or unauthorized disclosure of the username and password by the user, the latter is obliged to notify the company without delay by sending an email to firstname.lastname@example.org.
3.9. By accepting this Agreement, the user agrees to receive information and promotional material from initiators both by email and SMS sent to the mobile phone number provided on registration on the company's website. If the user refuses to receive information specified in this clause, notifications can be disabled by changing the notification settings in the personal account.
3.10. The user undertakes to provide reliable and complete information on his registration and while using the company website. Should the user provide false information or if the company has every reason to believe that the information provided by the user is incomplete and / or unreliable, the company may, in its sole discretion, suspend access to the website to the user and deny use of the company website to the user either with or without notice.
3.11. The user (donor) undertakes to independently verify the content of the application, the terms of the initiator, the implementation process, the organization and execution of the application and any additional requirements and conditions of the initiator for participation in the project. For questions regarding this or that application, the user (donor) has the right to request detailed information from the initiator by sending an electronic request via the internal messaging system on the YesYou.Care website.
3.12. The user (donor) agrees to first familiarize himself with the payment methods and payment fees of the corresponding payment systems for payment processing of the published project published on the company website and to select the most convenient payment method for him.
3.13.Should the user publish a list containing the data of his contractual partners - natural persons, including personal data, who may be interested in participating in the respective projects, and this for dissemination of advertising and information material in the name of the user on the company website, the latter confirms that his is authorized to the processing and storage of this personal data and its disclosure to third parties on the basis of the relevant agreement concluded between the user and the respective contracting party.
The user also guarantees the consent of his contractual partners, natural persons, to the processing of their personal data either by using automation tools or not, for the acquisition of information, its storage and use solely for the purpose of fulfilling the company's obligations in accordance with the provisions of this contract.
3.14. Any person to use the resources of the portal, including registered and unregistered users, is not allowed to:
3.14.1. Use the portal in any manner contrary to the terms of this Agreement and / or the provisions of the current legislation of the Russian Federation;
3.14.2. Mislead, defame, insult, threaten or otherwise violate the rights and freedoms of other portal users and / or other third parties;
3.14.3. Copy, modify, delete, supplement, publish, transmit, create derivative works, make or sell, reproduce, reflect or reproduce any of the intellectual property of the portal owner, other users and / or other third parties to exploit or exploit such third party rights in any other way without the express permission of its owners;
3.14.4. use the portal in a malicious manner or in a way that could disrupt the normal and uninterrupted website operation;
3.14.5. Access or attempt to invoke the website or any part / feature of it, or a network connected to the website, in an unauthorized manner;
3.14.6. Publish personal data about the concerned persons, unlawfully collect and / or process the personal data of the users and / or other third parties without the consent of other users or third parties;
3.14.7. Mislead users and/or third parties with respect to their own identity;
3.14.8. Use any device, program or process, algorithm or other automatic device to access the website, purchase, copy or track any portion of it by circumventing the website navigation system used, access or try to access materials, documents or information by any means not provided by the website.
4. Rights and Duties of the portal administrator, the portal owner.
4.1. The portal administrator has the right to remove (deny) access to the information published on the website and to deny access to the user without prior notice and without any explanation of this action by the portal administrator.
4.2. The portal administrator has the right to provide the user with information about the development of the portal and its services, and to promote its own activities and services as well as the activities of third parties.
4.3. The portal administrator is under no obligation to perform a preliminary review, moderation or censorship of information submitted by the user. As a rule, the portal administrator takes measures to protect the rights and interests of individuals and to comply with the requirements of the legislation of the Russian Federation only after an interested person has addressed the website administrator in a prescribed manner.
4.4. The portal administrator reserves the right to change the design of the portal pages, its content, the list of services and features, to change the scripts, software and other objects used, as well as server applications, with or without prior notice to users at any time.
4.5. The administrator ensures the functionality of the portal and undertakes to restore the functionality of the portal in the event of technical malfunctions and interruptions. The portal administrator is not responsible for any temporary breakdowns and work interruptions and the loss of information resulting thereof. The administrator is not responsible for any damage to the user’s or other person's PCs or other devices, equipment or software caused by downloading materials or clicking links placed on the portal.
4.6. The portal administrator has the right to have insight into statistical information about the functioning of the portal, the information you provide, and other users' information to ensure targeted display of promotional information for various audiences of the portal. To ensure the functionality of the portal and technical support, in accordance with this Agreement and other rules published on the portal, as well as the applicable laws, the portal administrator has the technical possibility to access the users' personal pages that they provide implemented by this agreement.
5. The registration and application process
5.1. To submit the application, the initiator places the necessary information about his project independently on the company portal and completes all required fields in the automated application acceptance system.
5.2. The initiator can be:
5.2.1. A citizen of the Russian Federation, who is 18 years old
5.2.2. A legal entity registered on the territory of the Russian Federation.
5.4. To submit an application, the initiator provides the following data:
5.4.1. Project name;
5.4.2. Short project description;
5.4.3. Place of implementation of the project;
5.4.4. Funds collection period (if required);
5.4.5. The amount necessary for the implementation of the project;
5.4.6. Video presentation of the project (if available);
5.4.7. Complete project description;
5.4.8. Bank details of the initiator for bank transfer processing
5.4.9. Email address of the initiator
5.4.10. Mobile number of the initiator
5.4.11. Natural persons (project initiators) must provide a digital passport copy of the account holder specified in the project, which should contain information about the holder and his place of residence (basic passport data and credentials). When calculating the amounts needed to fund the project, the commission amount charged by the portal owner and the clearing bank and any tax amounts payable by the project initiator, as required by law must be taken into account by the initiator of the project.
5.5. The application undergoes compulsory moderation by the portal administrator. The moderation process verifies that the information provided is complete enough to publish a fundraising campaign on the portal. The portal administrator has the right to ask the initiator to provide additional information about the project or documents or to change the project. In the case of the project moderation, the portal administrator sends a message about the passed project moderation to the applicant.
5.6. The application has neither a time limit nor an amount limitation for the project implementation, the fundraising campaign will be valid until the initiator declares the termination of the project.
5.7. Applications from initiators published on the company's website cannot be deleted after the fundraising campaign has been completed.
5.8. By publishing information in an order, the initiator acknowledges to hold all copyrights for posting this information. If the company has discovered any breaches in placement of information, and the initiator does not have the necessary rights to the content published in the application, the company has the right to access the application without any warning from the initiator by providing information about the violation of a copyright or other rights.
5.9. Within 10 calendar days from the closing date of the fundraising campaign, the company will transfer the amounts collected under the order to the clearing account specified by the initiator in the application.
5.10. Payments to the initiator can be made either at specific intervals or in the form of a one-time payment at the request of the initiator, which will first be reviewed and approved by the portal administrator.
5.11. The user (donor) must ensure that the fees may vary, depending on the type of payment system. The payment of such fees is borne by the user (donor).
6. Procedure for cancelling applications and refunding funds deposited by users (donors) for the project.
6.1. The application will be cancelled if the initiator withdraws the application within the specified deadlines. The deadline for the submission of applications is determined independently by the initiator. A cancellation of the application is only possible if the project has a specific closing date. For projects where the initiator receives monthly payments, depending on the amounts collected and the implementation of the project, the contribution cannot be cancelled.
6.2. The company assumes no liability to the donors for the non-performance and / or improper performance of obligations of the initiator in the event of cancellation of the application.
6.3. If the application is cancelled and the donor has refused to participate in the fundraising campaign before its completion, the donor has the right to file a reimbursement request to the company. The application form and the required documents for the refund are published separately on the portal. Please note that the refund will be made to the account from which the payment was made. In some cases, additional information may be provided upon request for the purpose of correct money transfer, depending on the selected payment method. The company does not keep any users' funds on the internal account. We will return the funds on the first request and will do our best to do it as soon as possible.
6.4. The sum of unclaimed funds for a cancelled application will, at the discretion of the portal administration, be shared among the existing charitable projects.
6.5. After completion of a fundraising campaign, a refund to the user is not possible.
7.1. For the fulfilment of the obligations under this contract, the user acting as the initiator of the application must pay the company (the portal owner) a fee equal to 10% (ten percent) of the total amount withdrawn for the implementation of the charity project published on the portal.
7.2. 7.2. The payment of a commission is effected under withdrawal of the amount mentioned in number 7.1 on the company account.
8.Warranty and Liability
8.1. The company assumes the editing (moderation) of information on applications published by the initiators on the website in terms of spelling and stylistic changes. Whenever possible, the company reviews the information published by the initiators and cannot therefore guarantee its quality, reliability and legality. In connection with the above information, the company is not liable to users for any erroneous and / or inaccurate information provided on the website.
8.2. The company cannot be held liable for any damage or loss suffered by users as a result of any errors or inaccuracies in the information provided by the initiators of the company website. Any disagreements are resolved independently by the user (donor) and the initiator. For its part, the Company makes every effort to settle any disagreements between the user (donor) and the initiator.
8.3. If the access to the website is not possible at all or only partially possible due to preventive maintenance or other technical work that ensures the normal functioning of the website, the company does not bear responsibility for the lack of information before users.
8.4. The user is liable for all damages resulting from the use of data obtained in the context of the use of the company's website services.
8.5. The company cannot be held liable for any damage or loss suffered by the user due to a problem caused by a mistake or negligence on the part of the user when using the website.
9. Intellectual Rights
9.1. Exclusion rights to all software components on the basis of which the services and functions of the portal are constructed, to the page design as well as to subdomain names, corresponding logos, are owned by the "Y2C" LLC and may not be used without the author's written consent.
9.2. Each portal user has the right to use the functions and services of the portal only for the tasks for which the specified services and functions are intended. The portal user is not authorized to copy or modify the provided portal software; create programs derived from the portal software; to interfere with the portal software in order to obtain, distribute and / or otherwise transfer in any form to third parties any program codes relating to the rights granted in connection with the portal software.
9.3. All exclusive rights to the content published on the website (with the exception of the software owned by "Y2C" LLC) are the property of their respective owners. The user is not entitled to violate the intellectual rights of third parties.
9.4. If the user violates third parties' and portal owner's intellectual property rights, the portal administration is entitled to delete the user's personal page, including all data and user-submitted content from the website.
9.5. The portal may contain links to other resources on the Internet that belong to third parties. The owner and the portal administrator are not responsible for information published on third party websites to which the user has access via the portal or the content of third parties. When switching from the portal pages to the Internet sources of the third parties, the portal is not obliged to warn the user of such a change and its consequences.
10.1. This agreement can be unilaterally changed by the portal administration without separate notification of the users.
10.2. A notice of change to this agreement (rules) can be found at the bottom right of the portal website. The portal administrator is not bound by any minimum deadlines or deadlines for the entry into force of amendments to this Agreement. A user using the portal's features and services regardless of the existing registration (authorization), has read and accepted the latest version of this Agreement. In the event of a contradiction to the new contract version, the user is obliged to refuse the use of the portal.
11. Final provisions.
11.1. This Agreement will be applied in accordance with the laws of the Russian Federation. Issues that are not covered by the agreement will be resolved in accordance with the legislation of the Russian Federation.
11.2. This agreement is written in the Russian language. The agreement in any other language is considered an additional version of this Agreement. In the event of a discrepancy between the Russian version and the additional contract version transferred to another language, the terms of the Russian version of this contract shall apply.
11.3. The ineffectiveness of a single contract regulation does not result in the invalidity of the remaining provisions of the contract.
11.4. In the event of any disputes or disagreements in connection with the implementation of this Agreement, users and portal administration will make every effort to resolve them through negotiation. If disputes are not resolved through negotiation, they shall be settled in accordance with the applicable legislation of the Russian Federation.
11.5. Contact details of the portal owner:
OGRN (State Registration Number): 1197746023936
INN (Tax-ID.) / KPP (Reason for entry into the fiscal register): 9731022172 / 773101001
Head Office: 125167, Moscow, ul. Pilota Nesterova 5, room 8
Address for documentation and correspondence: 125167, Russian Federation, Moscow, St. Pilota Nesterova 5, room 8
Email address for questions regarding the use of portal: email@example.com.