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Welcome to www.vidagua.org (“Website”), a non-profit organization with registration 501(c)(3) pending (“Vidagua.org”, “we”, “our”, or “us”).
These Terms and Conditions (“Terms”) apply to any use of our Website by any donator, fundraiser or user of our Website. By accepting these Terms you acknowledge that you have read, understood and agree to be bound by the Terms. You may not use our Website and Services (defined below) unless you agree to these Terms.
If you are entering into the Terms on behalf of a corporate entity or organization, you represent that you are authorized to accept the Terms on such entity’s behalf, in such scenario the words “you” and “your” shall refer to such entity.
These Terms may be changed by us at any time. If you are registered as a user, you will be deemed to accept the amended Terms.
3. Description of Services
Vidagua.org is a global nonprofit organization working to bring water to schools and homeless shelters in the United States and in poor communities in the developing world. Our website provides opportunities to make donations online to support, establish fundraisers and participate in our programmatic solutions (the “Services”).
A more detailed description of our Services can be found on our Website.
4. No Legal Advice or Attorney-Client Relationship
Information contained on or made available through the Website is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. We do not provide accounting, tax or financial advice and you should not rely on any information given on our Website to determine the accounting, tax or financial consequences of making a donation using our Services.
5. Use of the Services
5.1 When you donate
When you make any charitable gift in cash or in-kind (“Donation”), you will have to follow the procedures as set out on our Website when you click the “Donate” button and provide us with certain information. You agree that:
All information submitted by you is current, complete, accurate and truthful;
Your Donation is explicitly provided as an unrestricted gift and we make no representation, warranty, covenant or guarantee that a Donation will be used for any particular geographic region, project, community, village, or person, and that the Donation; and
We retain control over your Donation and that your Donation may be used for administrative, governance and program activities including, but not limited to: (i) new partner certification, (ii) partner development, (iii) community mobilization, education, training, and management, (iv) hygiene education and sanitation construction, (v) construction of water facilities, (vi) project monitoring and evaluation, and (vii) general program and informational outreach or any other activity consistent with the mission of the organization.
Details of the procedures for payment and how we will process your Donation are displayed on our Website.
If your donation is accepted, we will confirm your Donation via the email address you give us. The Donation will then be processed by the date set out in the confirmation email. You represent and warrant that if you are donating to Vidagua.org that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
All Donations are final unless exceptional circumstances are proven. In the event of false use of your credit or debit card or equivalent card, please contact us at info@Vidagua.org. We will abide by local legislation regarding reimbursement of Donations.
5.1.1 Security – donations
You may donate money to us directly or through a variety of online payment sites, including Donately and Paypal (“Payment Providers”). We only use Payment Providers we know and trust, however, when you use the Payment Providers your personal information, including your credit card information, is handled by the Payment Provider and according to their respective privacy policies and terms. We encourage you to read and understand these before you donate.
5.2 Creating a fundraiser / Participating in our community
When you create a fundraiser, you will have to follow the procedures as set out on our Website when you click the “Start my fundraiser” button and register you as a user. You agree to provide your true identity (First Name and Last Name) and that all information submitted by you is current, complete, accurate and truthful.
The username you provide in connection with your account may be used to attribute you in connection with any content you submit to any Services.
After registration you will be able to provide us with information about your fundraiser (“User Content”). In this connection, you agree, that:
You will provide current, complete, accurate and truthful information;
You represent, warrant, and agree that no User Content posted or otherwise shared by you on or through any of the Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material;
You ensure to log out of your account at the end of your session to avoid anyone else using it;
Your account information is kept secret and ensure that the access details do not become known to any third party as you are liable for any misuse of the Services by way of your account information;
You must notify us in the event of any unauthorised access to your account or any changes to your account information; and
You grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media.
We reserve the right, without limitation, to ban or disable your use of the Services, remove offending User Content, suspend or terminate your account, stop payments to any such fundraiser, freeze or place a hold in donations, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution. Vidagua.org will not be liable for any loss or damage arisen from your failure to comply with this section.
6. Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Website and Services strictly in accordance with these Terms; (b) to use the Website and Services solely for internal, personal, non-commercial purposes (c) to print out discrete information from the Website and Services solely for internal, personal, non-commercial purposes and (d) stored, distributed or otherwise used for lawful, informational, non-commercial purposes relating to providing humanitarian relief and development programs provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
7. Third Party Content
Third party content may appear on the Website and/or Services and may be accessible via links. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Website. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
We reserve the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of these Terms or use of the Website and/or Services, including any liabilities in connection with state or federal taxes.
9. Copyright and Trademarks
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website is strictly prohibited however, you can copy text for your own private use. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.
Vidagua.org and others Vidagua.org, including WaterCredit Initiative, are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Website may be trademarks of their respective owners.
10. Copyright Infringement
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us at e-mail email@example.com with the following information:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) A description of the copyrighted work that you claim has been infringed;
c) A description of where the material that you claim is infringing is located on the Website;
d) Your address, telephone number, and email address;
e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
As a user of our Website, you confirm and agree that upon receipt of a notice, we may immediately remove the identified material from our Website without liability to you or any third-party.
We may terminate your account and terminate your access to the Website and Services.
Without limiting the foregoing, the following will result in your termination of your use of the Website and Services:
Violation or abuse of these Terms;
A request by law enforcement or public authorities;
A request from you; or
Long periods of inactivity.
As a user you can also disable/delete your account at any time.
You further agree that all terminations are in our sole discretion and that we are not responsible to you or any third party for the termination of your account or access to the Website and/or Services. Cancellation of your account will result in the deactivation of all pages associated with the account. If the reasons for why we terminated your account are resolved, we will reactivate your account and all pages associated with it.
We promise that our Website and Services will be provided with reasonable skill and care.
We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to our Services, our Website or any information provided through our Website.
We will do our best to ensure that all materials and information published on our Website are accurate, but please note that all content, materials and information on our Website are provided “as is” without any representations or warranties, express or implied. Your use of our Website and use of all information contained within it is at your own risk. It is not our responsibility to confirm the truth of the information provided by donors, fundraisers or any other user of the Website and our Services and we cannot be held responsible for any information, confirmation or User Content on our Website.
In no event shall we be liable for any claims, penalties, loss, damage or expenses, howsoever arising, out of or in connection with your use of the Website, including, without limitation, direct or indirect loss, consequential loss or damage, loss of profit or goodwill, loss of data, loss arising from use or inability to use the Website, loss arising from any errors or omissions in the Website as a result of breach of contract, negligence, delict. Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by negligence or for any liability which cannot be excluded or limited under applicable law.
If we are liable to you for any reason, our liability will be limited to the amount of any donation you have made using the Services. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
14. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and Services and the User Content provided therein.
Donor contributions are tax-deductible to the extent allowed by law, and donors receive no goods or services in return for their donations unless their acknowledgement so specifies. However, Vidagua is not an accounting, taxation or financial advisor and you should not rely on information that is given on our website to determine the accounting, tax or financial consequences of making a donation. We strongly recommend that you consult your own advisor(s) about any accounting, taxation or financial consequences that may affect you. You can find a copies of our latest financial reports here.
These Terms shall be treated as though it were executed and performed in State of North Carolina United States of America and shall be governed by and construed in accordance with the laws of the State of North Carolina (without regard to conflict of law principles). Any cause of action by you with respect to the Website (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 19 and Section 20. The language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party. These Terms and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms, these Terms shall take precedence. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any termination of these Terms.
Any legal controversy or legal claim arising out of or relating to these Terms or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Website operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.
Effective date: July 26, 2020
1. Personal Information
Personal information is any information relating to you that can be used to identify you, and we are the data controller for such processing. When you use our Website, we collect and use such information. That happens when you:
1.2.2 shop to support
1.2.3 create a fundraiser,
1.2.4 register as a business supporter (cause marketing),
1.2.5 contact us via our online form, e-mail or phone, or
1.2.6 subscribe to our newsletter.
1.2 Processing Personal Information
We process your information in various ways and for different purposes. Below you can read more about how your personal information is processed.
When you donate money to us, either directly or through our third-party vendor Donate.ly – we collect and process your personal information with the purpose of processing your donation(s), contact you regarding any questions related to your donation and in order to thank you for your donation(s). When you use our third-party vendor the use of your information is based on their terms of service and policies, so we encourage you to review those policies carefully. You can find their policies at the link below:
Legal basis for processing
The legal basis on which we process your personal information is that it is necessary for the performance of the contract between you and us in connection with your donation and to comply with our legal obligations.
Types of personal information
We will collect your name, e-mail address, phone number (optional), billing address including country and the donation amount. We also collect, but do not retain, credit card numbers which are processed by our third-party vendor. Our third-party vendor uses Paypal as payment vendor who is subject to the Payment Card Industry Data Security Standards and your credit card information entered is encrypted for your security.
If you donate to a fundraiser, we will share your name and the date and amount of your donation with the person, who created the fundraiser unless you elect to be anonymous.
Period of storage
We will retain your personal information for as long as needed in order to comply with our contractual, legal or regulatory obligations. When we no longer need your personal information, we will either remove it from our systems or anonymize it so that you cannot be identified.
22.214.171.124 Donations in Honor of Someone / eCards
In addition to the above (1.2.1), we collect and process the honoree’s name and e-mail address, when you make a donation in honor of someone. You may also create a message to the honoree, which we do not read or use in any way.
When you shop, you buy from a third-party vendor such as SquareUp, not from us. The third-party vendor becomes an independent controller for the personal information you provide them with. Please understand that the third-party vendor(s) may have different privacy policies and that we have no control over and are not responsible for the privacy practices of such third-parties. Therefore, we encourage you to review the privacy policies of the third-party website within you buy.
1.2.3 Creating a Fundraiser
When you create a fundraising page for a project on our Website, we collect and process the personal information you provide us with when setting up your account with the purpose of creating your account and administer and support your fundraising.
If you sign up via Facebook or other social media platforms, we will receive information from your profile to create your account.
If you cancel during any way of signing up, we cannot start creating your fundraising page and will not store the personal information you entered.
Legal basis for processing
The legal basis on which we process your personal information is that it is necessary for the performance of the contract between you and us, so we can perform the certain functions you request when setting up your account and support you in your fundraising.
Types of personal information
We will collect your account info such as name, username and e-mail address and your posts on your fundraiser page. Remember that anything you post on your fundraiser page will be seen by visitors at our Website.
Period of storage
We will retain your personal information for as long as your account is active or as long as needed in order to comply with our contractual, legal or regulatory obligations. When we no longer need your personal information, we will either remove it from our systems or anonymize it so that you cannot be identified.
1.2.4 Register as a Business Supporter (Cause Marketing)
1.2.5 Contact Us via Our Website, Phone or E-mail
When you contact us via our contact form on our Website or via e-mail, we collect and process personal information with the purpose of returning your contact.
Legal basis for processing
The legal basis on which we process your personal information is our legitimate interest. Our legitimate interest is considered under the fact that you have submitted the information yourself in order to be contacted, and that the processing does not infringe the fundamental rights and freedoms.
Types of personal information
We will collect name, e-mail address and other personal information, that you provide us with.
Period of storage
We will retain your personal information no longer than 12 months after the latest processing unless the information is required with regards to the processing activities as described in 1.2.1–1.2.4.
1.2.6 Subscribe to Our Newsletter
When you sign up for our newsletter, we will collect and process personal information with the purpose of providing our newsletter.
Legal basis for processing
The legal basis for processing is your consent. You can withdraw your consent at any time by e-mailing us at vidaguaUS@gmail.com. Furthermore, you can unsubscribe by following the unsubscribe link at the bottom of our newsletter.
Types of personal information
We collect your name and e-mail address.
Period of storage
Your personal information is stored as long as you subscribe to our newsletter.
We keep your Personal Information only so long as we need it fulfill the purposes described in this policy. When we no longer need to use your personal information and there is no need for us to keep it to comply with our legal or regulatory obligations, we will either remove it from our systems or anonymize it so that you cannot be identified.
We have adopted reasonable technical, administrative and physical security measures to help protect against unauthorized access, use or disclosure of the information we collect or store. The information is accessible only to trusted employees.
Besides otherwise described in this Policy under section 1, we may disclose personal information that we collect or that you provide to trusted third-party services in order to process your donations, offer you the services in connection with setting up your account, communicate our newsletter and complete financial transactions. This includes contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
5. Information About Children
Our Website is not designed for use by children under the age of 13. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on our Website, do not make any donations through our third-party vendors and don’t provide any information about yourself to us.
If we learn that we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact our legal representative.
6. Changes to Our Policy
We may occasionally update this Policy. When we do, we will also revise the effective date on the top of this Policy. We encourage you to periodically review this Policy to stay informed about how we are protecting the personal information we collect.
7. Your Rights
You can always request information and insight into what information we have collected from you. In addition, you have the right to get corrected incorrect information, to limit processing and to delete your personal information.
This website is used and monitored by:
Xcs K Street
City, Hall 2232106
When you visit this website your online device will automatically receive one or several cookies, which are transferred from this website to your internet browser.
What is a cookie?
A cookie is a small data file that is saved on your computer, tablet or mobile phone. A cookie is not a program that can contain harmful programs or viruses.
How long are cookies saved?
How long cookies are saved on your device can vary. The time when they are scheduled to expire is calculated from the last date you visited the website. When cookies expire, they are automatically deleted.
This is how you can reject or delete your cookies
You can always reject cookies on your computer, tablet or phone by changing your browser settings. Where these settings can be found depends on the type of browser you are using. If you do change the settings, please be aware that there will be some functions and services that you cannot use because they rely on the website being able to remember the choices you have made.
You can choose to not receive cookies from Google Analytics.
You can delete cookies that you have previously accepted. If you are using a PC with a recent version of a browser, you can delete your cookies by using these shortcut keys: CTRL + SHIFT + Delete.
If the shortcut keys do not work and/or you are using an Apple computer, you must find out what browser you are using and then click on the relevant link:
Remember: If you are using several different browsers, you must delete the cookies in all of them.
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