Use of the Website and SanctisFundMe CUA
Access to and use of the Website https://sanctisfundme.com ("Website") are activities governed by these Terms and Conditions of Use ("TEC"). Access, use and any other interaction with this Website imply the reading, knowledge and acceptance of this TEC by the user.
1.3. The Website, with the domain https://sanctisfundme.com, any second-level domains, accessible via each page of the Website and the contents published therein, are the property of SanctisFundMe Charitable Unincorporated Association, 3rd floor, 166 College Road Harrow, HA1 1BH, Middlesex, UK ("Sanctis Fund Me CUA").
1.4. The use of the Website, including, but not limited to, registration with the Website, opening an account, accessing the private area, sending material to the Website and using any of the services offered through the Website, qualifies the visitor as a User of the Website and implies full and unconditional acceptance of these TECs.
1.6. For any requests for assistance with the Website or the use of the services, the User may visit the "Contact" area of the Website and send a message to the administrators of the website.
1.7. Users undertake to inform SanctisFundMe CUA of unauthorized or non-compliant use of the Website, even in breach of these TECs, by sending an e-mail to email@example.com, specifying the data that enables the identification of the content of the unauthorized or non-compliant Website, or of the party who used the Website in an unauthorized or non-compliant manner.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. The contents of the Site, by way of example, the platform, formulae, source code, images, photos, sounds and videos, documents, drawings, images, logos and any other material, in any format, published on the Website, including menus, web pages, the graphics, colors, schemes, tools, fonts and design, diagrams, layouts, methods, processes, functions and software which are part of the Website are protected by copyright and any other intellectual property right of SanctisFundMe CUA and other rightholders. The complete or partial representation of the Website and its contents in any form is forbidden without prior written consent by SanctisFundMe CUA.
2.2. SanctisFundMe CUA is entitled to authorize or forbid the direct or indirect, temporary or permanent representation, in any way or format and shape, in whole or in part, of the Website and content thereof.
2.3. The User undertakes to comply with the copyright of those who publish contents on the Website. Furthermore, the User is not authorized to use, in any way and form, the contents of the Website and any single work protected by copyright and any other intellectual property right. By way of example and not limited to, the user may not alter or, in any other way, modify the contents and copyrighted works without the consent of SanctisFundMe CUA and, where necessary, of each author of the works published on the Website.
2.4. The User, by publishing content to the site, such as comments, fund raising campaigns, photos, text, etc, gives SanctisFundMe CUA the right to use commercially such content thereby authoring SanctisFundMe CUA to distribute on any other channel or media any content as for example to increase the distribution of such content. The information by the a user in creating a fund raising campaign such as USERNAME, FOTO and DESCRIPTION will be publicly visible to anyone. SanctisFundMe CUA declines any liability or responsibility for any damages a user may suffer as a result of his/her choice to share content on this Site. SanctisFundMe CUA reserves the right to remove any content that is deemed inappropriate, for whatever reason, without giving necessarily explicit communication to the creator.
3. TRADEMARKS AND DOMAIN NAMES
3.1. The domain "sanctisfundme.com" as well as the name "Sanctis" and "Sanctis Smart Saints" is registered and owned by SanctisFundMe CUA, which is covered by national legislation and international agreements on copyright and intellectual property.
3.2. SanctisFundMe CUA is the sole owner of the "Sanctis" logos including the domain name "sanctisfundme.com" and "Sanctis Smart Saints".
3.3. The User is not authorized, without prior consent of SanctisFundMe CUA, to use the logo to identify products or services, even if different from SanctisFundMe CUA's ones.
3.4. Any use of the logo, name and slogan, not in compliance with the law, as not authorized, is forbidden. Furthermore, it is forbidden to use the logo name and slogan and any other sign on the Website to take unfair advantage from this distinctive feature or the reputation of these logo, name and slogan or otherwise to the detriment of SanctisFundMe CUA.
4. SCOPE AND COST OF SERVICE
4.1. SanctisFundMe CUA offers services to its users related to voluntary charitable donations whose beneficiaries are the creators of fund raising campaigns on the site. Any other associated servie is provided with the sole scope of allowing the user to access the services offered by the site such as deposits and withdrawals. If the user choses to deposit or withdraw in a fiat or digital currency other than EUR, he/she accepts the implicit cost of cross currency conversion applied by the intermediary of the transaction. Operating in a currency othe than EUR the user accepts and the risk associated with market rates fluctuations. SanctisFundMe CUA does not accept any responsibility for any financial loss deriving from the conversion of a currency other than EUR. SanctisFundMe CUA will always endeavour to execute each transactions as soon as possible and at the best rate but does not accept any responsability for related to variation in FX rates, delays, whatever the cause, in the execution of the transactions. The user should consult the section on "Commissions" before executing any transaction. The user is invited to contact the online helpdesk or write to firstname.lastname@example.org for any clarification regarding any aspect of the site.
4.3. SanctisFundMe CUA, as fee for the services provided through the Website, will charge the user fees according to the terms and procedures specified in the relevant section of the Website "Fees".
4.4. While using the services under these TECs, the User acknowledges and agrees that: (a) SanctisFundMe CUA does not act as its representative, nominee, broker, intermediary, agent, financial advisor, investment expert or trustee; and (b) the information provided through the Website does not represent advice or recommendations on investments, nor on financial instruments or products.
4.5. Through the Website, SanctisFundMe CUA does not offer financial instruments or financial products, nor does it manage User funds, nor provides investment services, payment services, nor any other service or activity the provision of which is limited by current UK legislation to persons authorised by the Financial Market Supervisory Authority, or by other authorities empowered to issue such authorizations or in any case to supervise such activities and services.
4.6. No information, analysis or other material on the Website represents an opportunity to sell or purchase financial products and/or financial instruments, nor does it constitute a form of investment advice, nor is it suitable to provide grounds for any investment decision.
5. WEBSITE SERVICES: FEATURES AND RESTRICTIONS ON USE
5.1. Website services are subject to UK and European law, except for the provision of hosting services or other services necessary to use the Website, provided by third parties, to which conditions of use relating to these services apply.
5.2. The User may access the Website exclusively for personal purposes connected to one of the activities provided by SanctisFundMe CUA pursuant to art. 4 and to the extent specified in these TECs. If the user, through the Website or other conduct, intentionally or accidentally jeopardizes the functionality of the Website, SanctisFundMe CUA shall have the right to take all necessary measures to protect the Website and its systems.
5.3. The use of the services of the Website, due to its very nature, is based on the need to carry out legal transactions, enter into agreements and purchase and sale transactions electronically. Users hereby undertake to be fully aware that acceptance by electronic means shall represent a valid and binding consent. Any expressions of consent or acknowledgement relating to SanctisFundMe CUA notifications of termination, policy and contract changes, and so on, fall under the same regime.
5.4. The Website is intended for use by natural persons over 18 years old under UK law or by non-physical persons (entities) duly incorporated.
5.5. Con l’accesso al Sito e l’apertura di un account, l’utente dichiara e garantisce: (i) di accettare i presenti TEC, (ii) di avere almeno 18 anni, (iii) di essere nella piena capacità di accettare i presenti TEC, (iv) di utilizzare il Sito per effettuare donazioni in beneficenza volontarie (v) di aver letto e di l’informativa privacy e la Politica Antiriciclaggio, nonché (vi) di essere una persona fisica residente o legale rappresentante di una persona non fisica con sede legale in un Paese riconosciuto dal Regno Unito e non soggetti a restrizioni relative ai servizi offerti.
5.6. Il Sito, i servizi di SanctisFundMe CUA ed il loro utilizzo sono offerti e possono essere utilizzati a/da persone fisiche o non fisiche che hanno la residenza o la sede legale in tutti i paesi riconosciuti dal Regno Unito e non soggetti a restrizioni relative ai servizi offerti.
5.7. The User of the Site is not permitted to:
(a) use the Website in a way that causes or may cause damage to the same Website or may compromise its performance, availability or accessibility;
(b) use the Website in any unlawful, illegal, fraudulent or harmful manner or in connection with any purpose or activity whatsoever considered unlawful, illegal or fraudulent;
(c) use the Website to copy, store, host, transmit, send, use, publish or distribute any material consisting of (or linked to) spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits or any other malicious software;
(d) carry out any systematic or automated data collection activity (including, inter alia, scraping, extraction and collection of data) on or in relation to the Site without the express written consent of SanctisFundMe CUA.
(e) access or otherwise interact with the Site using robots, spiders or other automated tools, except for search engine indexing, or with the express written consent of SanctisFundMe CUA;
(f) circumvent, or attempt to circumvent, any restrictions on access to the Website;
(g) alter, modify any material contained in the Website.
5.8. Notwithstanding the above, users are allowed to forward any Sanctis newsletters to third parties in electronic format and or share material on the site on social media platforms.
5.9. SanctisFundMe CUA is entitled to restrict access to certain areas or to the entire Website at its discretion. In addition, SanctisFundMe CUA is entitled, at any time, to modify the procedures and the functioning of the Site, to introduce new methods of use, new conditions of use and additional obligations relating to the use of services. Such changes will be communicated to the email address or through the User account and may also involve an amendment to TECs, pursuant to art. 15.
6. WEBSITE REGISTRATION
6.1. An account may be registered on the Website by filling in and submitting the registration form on the Website; to access the services of the Website, and in particular the activity of converting virtual currencies from or into legal tender currencies for amounts exceeding €10,000 p.a. in a single transaction or through multiple transactions which cumulatively add up to or exceed the above sum, it is also necessary to complete the verification process described in Article 8 and in the Anti-Money Laundering policy.
6.2. The User guarantees that all information provided to SanctisFundMe CUA through or in relation to the Website is true, accurate, updated and complete, assuming the resulting civil and/or criminal liability should it be ascertained that the information provided was incorrect or - indeed - misleading.
6.3. SanctisFundMe CUA is entitled to request the user, at any time and at its sole discretion, to provide further information to allow the correct operation and provision of services.
6.4. By registering to the Website, the User agrees that all SanctisFundMe CUA communications are transmitted to the User by e-mail, messaging services to the details provided during registration (e-mail, tel, etc.) or by means of specific and targeted alerts.
6.5. The User agrees not to use any account other than his/her own, nor to access the account of others, nor to help others to obtain unauthorized access.
6.6. The User agrees not to allow third parties to use his/her account to access the Website.
6.7. The creation or misuse of accounts by a User will result in the immediate suspension and subsequent closure of all accounts linked to them, as well as the closure of all purchase or sale orders that may still be pending.
7. USE OF WEBSITE SERVICES
7.1. Use of the Website services requires the use of suitable devices owned by the user and access to an Internet connection.
7.2. Before accessing the services of the Website, the User is recommended to read and understand the TEC.
7.3. In order to place orders to buy or sell ERC721 Tokens, the User, registered on the Website, shall transfer virtual currencies or legal tender currencies ("Asset availability") on a dedicated account, the accessing, using and managing methods are detailed and illustrated in a specific section of the Website. In order to carry out this activity, SanctisFundMe CUA also makes use of third parties authorized to provide banking or payment services, subject to supervision by the relevant sector authority.
7.4. Availabilities transferred by the user to the account specified by SanctisFundMe CUA are used exclusively to make donations beneficiaries of fund raising campaigns on the site or light virtual candles through the services provided by the Site.
8. AML REQUIREMENTS
8.1. When excheeding the limit of €10,000 in transactions p.a. on the Website, or at any time at the disretion of SanctisFundMe CUA, the User is required to provide any necessary information and/or documents that SanctisFundMe CUA deems, in its sole discretion, to be suitable to maintain compliance with any law, regulation and internal policy (see the Anti-Money Laundering Policy adopted by SanctisFundMe CUA).
8.2. During the account verification process, the User must provide all documents that will be required. In particular, by registering an account on the Website, the user agrees to provide SanctisFundMe CUA, or another party delegated to carry out the anti-money laundering obligations imposed by law on behalf of SanctisFundMe CUA, with updated, accurate and complete information as required by the registration process, as well as to keep this information updated.
8.3. In the event of anomalous or not completely transparent operations on the User's account, SanctisFundMe CUA may request further information from the User, including but not limited to document authentication, and may also freeze all transactions pending the performance of the appropriate checks on the account.
8.4. SanctisFundMe CUA is entitled to block, suspend and close accounts of Users who have not been properly verified where required, notwithstanding any useful efforts by SanctisFundMe CUA to contact the User and urge the completion of the due verification process.
8.5. Documents, data, photos and other information material collected during the registration and verification of an account are subject to the retention requirement that SanctisFundMe CUA has to comply with under the anti-money laundering regulations, also using the services offered by a third party provider.
8.6. SanctisFundMe CUA applies regular checks on user accounts and may request to provide information on the origin of funds transferred to SanctisFundMe CUA. In addition, SanctisFundMe CUA is entitled to block or freeze any User account, at its discretion and without prior notice, in case of suspected illegal origin of the funds.
9. ACCOUNT SECURITY
9.1. The User must keep the password to access the Site confidential and take all reasonable and appropriate measures to keep safe: (i) any device associated with the e-mail address at which he/she registered for his/her account and (ii) the user name, password and any other credential for access or identification relating to his/her account on the Website.
9.2. The User is responsible for maintaining the confidentiality of the information in his/her account, including passwords and transactions that are published on the account, and should take all reasonable measures to protect his/her account and the Tokens or funds available on the Website. Furthermore, the User is liable for any harmful consequence or damage that may arise for SanctisFundMe CUA or for third parties as a result of incorrect use, loss, theft of such information.
9.3. The user undertakes to inform SanctisFundMe CUA immediately in writing to the following email address: email@example.com, should he/she become aware of any unauthorized use of his/her account or should he/she become aware of any disclosure of his/her password or other information that could lead to an unauthorized use of his/her account. The user is also obliged to notify SanctisFundMe CUA in writing immediately regarding any other security breaches.
9.4. The User is responsible for any activity resulting from any error or negligence in keeping confidential his/her password and other personal information related to his/her account. The User will be held responsible for any loss or damage resulting from any errors or negligence.
9.5. Should the User breach any of the foregoing provisions, SanctisFundMe CUA may suspend and subsequently close the account and the User shall be liable for any losses incurred by SanctisFundMe CUA or any other user of the Website.
10. CLOSURE, SUSPENSION AND BLOCKING OF AN ACCOUNT
10.1. Without prejudice to what is specified in other clauses of these TECs, SanctisFundMe CUA may at any time, at its own discretion, without prior notice or explanation, including, without limitation, in the event of attempts to obtain unauthorised access to the Website, for other security reasons or for breaches of TECs or other documents referred to therein, may:
suspend, restrict, terminate or close a User's account or the services to which he/she has access;
freeze an account, block the use of deposits and the functions of the Website, also on the recommendation of the judicial or tax authorities;
terminate the account, without prejudice to the possibility, if permitted by law, for the User to transfer his or her Assets to other accounts;
deny access to the Website and/or a User account;
take any technical measures or legal action to prevent the user held responsible for breaches from further using the Website and services.
11. DORMANT ACCOUNT
11.1. In the event that the User's account is dormant for a period of at least 3 months SanctisFundMe CUA reserves the right to terminate and account without notice. However if there are funds on such account, SanctisFundMe CUA will invite by email the user to provide his/her bank account details in the User's name to which the funds can be transferred. If the User has not provided SanctisFundMe CUA with the destination details of funds, despite SanctisFundMe CUA reminders and after 30 days from the first notification, SanctisFundMe CUA reserves the right to close the account and donate the available funds to one or more fund raising campaigns on the site.
12. CONFIDENTIALITY AND DATA PROTECTION
12.1. Upon accessing the Website, SanctisFundMe CUA (or Google Analytics on behalf of SanctisFundMe CUA) may place data files called cookies on the computer or other device used to access the Website (so-called technical cookies). SanctisFundMe CUA makes use of these technologies to recognize Users as occasional users or registered users, to customize the Website and advertising, to measure promotional effectiveness and to collect information on the computer or other access devices, to reduce risks, to help prevent fraud and to promote trust and confidence.
13. LIABILITIES AND WARRANTIES
13.1. SanctisFundMe CUA makes no representations or warranties with regard to the "legal disclaimer" on the Website.
13.2. The Website is supported by appropriate security measures based on current standards.
13.3. SanctisFundMe CUA (and/or its members, and/or banking and financial partners, and/or employees and/or partners) cannot be considered liable for loss or damage to Users' computers during use of the Website, or for incorrect or inappropriate use of the Website by third parties, or due to the hosting service provider.
SanctisFundMe CUA shall not be liable for any damages, loss of profits, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss, or any other loss resulting from negligence or willful misconduct or misuse of the Website by the User.
Risks arising from the use of the services of the Website are the sole responsibility of the User.
13.4. SanctisFundMe CUA is not responsible for any damage resulting from the inaccessibility of the services on the Website or from any damage caused by viruses, damaged files, errors, omissions, interruptions to service, content erasure, problems connected to the network, providers or telephone and/or telematic connections, unauthorized access, data alterations, failure and/or faulty functioning of the User's equipment.
13.5. SanctisFundMe CUA is not responsible for delays or shortcomings in the process of transfer of funds by the banking system, or in the verification of transactions by the networks underlying virtual currencies.
13.6. SanctisFundMe CUA cannot be considered liable if it temporarily suspends deposits or credits for force majeure events.
13.7. These TECs do not exclude or limit liability for fraud, breach of TECs, or any other liability which cannot be limited or excluded by law.
13.8. Notwithstanding the above, where and if applicable, SanctisFundMe CUA's overall liability - in relation to claims based on damaging events that are the immediate and direct consequence of the use of the Website and/or the services by the individual User, both for contract and for any offence (including negligence) - may in no case exceed: (a) Tokens or funds available on the account minus any amount for commissions and fees payable by the user; or alternatively (b) 100% of the amount of the transactions claimed by the user in the agreed form and within the agreed terms, minus any amount for commissions and fees due to SanctisFundMe CUA and payable in relation to such transaction(s).
14. NETWORK SERVICES PROVIDED BY THIRD PARTIES
14.1. The existence of a link to other sites, or the use of services or applications provided by third parties, including the hosting service, does not in any case imply the existence of any relationship between SanctisFundMe CUA and the owner of the website or portal from which or to which the link is made, or through which the use of the Website is determined.
14.2. SanctisFundMe CUA is not responsible for the contents or services made available to the public on the Website through hyperlinks, or through the use of applications provided by third parties. Furthermore, SanctisFundMe CUA assumes no responsibility for damage or loss resulting from the content, information, opinions, products and services offered on other websites accessible via links on the Website or published by Users in comments and other area of the Website.
14.3. SanctisFundMe CUA is not responsible for the use of such third party services, links or applications by its own Users and for any release of confidential information by these Users.
14.4. SanctisFundMe CUA is entitled to revoke, at any time and without notice, any link to other websites and/or the accessibility of third party applications through its Website.
15. AMENDMENT OF TECs AND DOCUMENTS REFERRED TO THEREIN
15.1. SanctisFundMe CUA is entitled to modify or integrate all or part of these TECs, the commissions and the documentation referred to therein, at any time and at its complete and exclusive discretion. New TECs are binding as soon as they are published on the Website, in the dedicated section.
15.2. The User will be notified of any changes in advance through his/her account or by email and is invited to accept the same. Following such notification, it is User's responsibility to review the terms of the amended conditions.
15.3. In the event of refusal or delay in accepting the changes, SanctisFundMe CUA shall be entitled to close, suspend or block the user account in accordance with Art. 10. The user accepts and acknowledges from now on that SanctisFundMe CUA cannot in any way be held liable towards the User and/or third parties for the suspension or termination of the Website services due to the customer's refusal to accept the amendments.
The use of the Website following the publication of a notice of modification implies, however, acceptance of the modifications by the User and all subsequent transactions carried out by the latter are subject to the new contractual terms.
16. SETTLEMENT OF DISPUTES
16.1. Users resident in an EU State, for all disputes or claims arising out of or in connection with these TECs, including disputes relating to their validity, breach, resolution or voidness, and for any disputes or claims arising out of or in connection with the use of the Website, may benefit from online dispute resolution through the use of the ODR platform, provided by the European Committee, allowing, within 30 days, in agreement with SanctisFundMe CUA, to identify the out-of-court settlement authority having jurisdiction in the UK, as well as to use the procedure made available by the said authority directly through the platform concerned, available in all EU languages.
16.2. Before accessing the ADR procedure referred to in the previous paragraph, the User undertakes to submit a complaint directly to SanctisFundMe CUA by email to firstname.lastname@example.org, SanctisFundMe CUA is entitled to reply within 60 days following the date of receipt of the complaint by the User.
Last modified 15/06/2019