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Terms and Conditions

 

1. Scope

The Internet platform 4onemankind.org is owned and managed by 4onemankind gUG (4onemankind gUG Finkenweg 32, 76684 Östringen). The 4onemankind gUG is a social enterprise: All means will be used exclusively for statutory, non-profit purposes.
4onemankind.org is a global enterprise 2.0-based project management platform that allows you to organize and participate in social projects.
With the launch of the beta version in August 2014, 4onemankind.org provides project managers and fellow Sponsors, as well as a wide variety of organizations with the ability to connect with projects and initiatives worldwide. With know-how, financial resources and materials that can be distributed through the platform, 4onemankind.org is revolutionizing the way people work together to solve problems and organize social projects more efficiently - creatively, sustainably, in an entrepreneurial spirit, and for a good cause .
These terms and conditions apply to all registered Users and visitors of the platform 4onemankind.org. They regulate the rights and obligations of Users / visitors when visiting the platform 4onemankind.org and the use of existing functionalities. In the following by using the name 4onemankind.org, we refer to the legal relationship with the 4onemankind gUG as operator of the platform. The term donation is to be understood independently of the tax status of funded projects and their sponsoring organizations.

 

2. Registration as a user

2.1. Registration as a User is free of charge. Certain functionalities of 4onemankind.org are only available for registered Users, especially
- The creation of a " company or other organization " ( = can support requirements)
- The creation of a "social enterprise, foundation, nonprofit organization, NGO " ( = can support requirements and has support needs)
- The creation of a " project" ( = has support needs)
- The collaboration, commenting, posting
require prior registration as a User.

2.2 . The minimum age for registration as a User is 14 years of age. 4onemankind reserves the right to require proof of an individual User’s stated age and to decide upon a possible collaboration. Children under the age of 18 should inform their legal guardians prior to registration. Donations by young people under the age of 18, which exceed the amount of EUR 50.00 / month, are subject to the prior consent by their legal guardians. In any case, we call for a conscious handling of personal data.

2.3. The User is a natural person and has to provide only true information, particularly regarding identity and age upon registration.

 

3. Duties and Obligations of the User

3.1. Users are fully responsible for their behavior on 4onemankind.org and for all of their content and its accuracy. Before actual participation or posting of content , the Users have to make sure that their behavior or content does not violate legal regulations, morality or rights of third parties (e.g. trademarks, names, copyright and data protection law, youth protection regulations). In particular, prior to posting of texts or images, the User has to make sure that the necessary consent of the parties involved / affected / guardian is obtained, (e.g. by the photographer or the people pictured or mentioned) and can be delivered to 4onemankind.org upon request at any time. The User shall indemnify 4onemankind.org from any third party claims arising from a breach of this obligation.
3.2. The Users adjust their behavior and respect the 4onemankind community (i.e. the community of all the Users and the operators of 4onemankind.org) whose work is based on mutual respect and a fair and reasonable collaboration. On issues of belief, religious or political conviction utmost restraint and respect for the differing opinions of others is required.
3.3. It is illegal to use 4onemankind.org to create content, or to facilitate access to:
- Content harmful to minors or impairing material, especially violent, pornographic or otherwise immoral content
- Content promoting or glorifying hatred, violence or any form of discrimination
- False statements of fact or offensive statements
- Vulgar or obscene language, disrespectful, provocative and aggressive dealing with other Users
- Misleading content
- Calls for boycotts or non-peaceful or otherwise illegal activity
3.4. If Users find content on 4onemankind.org that violates their view of existing laws or the Terms of Use, the Users must inform 4onemankind.org, e.g. by email (to: info@4onemankind.org).
3.5. If 4onemankind.org obtains knowledge of prohibited content or suspects such content, 4onemankind.org is entitled at any time to remove this content from the platform.
3.6. An excessive load of data on 4onemankind.org should be avoided. In particular, measures are forbidden, which can compromise the integrity, stability or availability of the IT systems of 4onemankind.org.
3.7. Passwords or other access to 4onemankind.org are to be chosen by the User according to the general principles of password security and are to be kept private and confidential. 4onemankind.org must be informed immediately if the User has evidence that the safety of 4onemankind.org or its access are being compromised.

 

4. Rights of Use

If the User posts texts, images or other content on 4onemankind.org, the User hereby grants 4onemankind.org the right to use this content in promotional material to be used by 4onemankind.org or 4onemankind gUG as well as via the API interface on websites of 4onemankind.org trusted partners, both online and offline. In particular 4onemankind.org receives the right to reduce, to store and publicize the content on the platform or via the API interface, considering the original meaning. Content clearly marked with a specific indication will remain unaffected from adjustment. 

 

5. Accessibility of 4onemankind.org

4onemankind.org will endeavor to keep the platform free from interruption as much as possible, striving to be available for use at 95 percent of the year. A specific availability is not guaranteed. In particular, 4onemankind.org reserves the right to regular and unscheduled maintenance of the network whereby the platform is not accessible for a certain period of time. 4onemankind.org is entitled to modify its functionality, appearance, or other features of the platform at its own discretion. Access to the platform is only provided for the current version. 4onemankind.org is under no obligation towards Users to store previous versions or content. 

 

6. Termination of Usage, Blocking Access, Deleting Content

6.1. The contractual relationship with a registered User may be terminated by the User or 4onemankind.org by written notice at least 35 days prior to the applicable term.
6.2. The right of extraordinary termination for a just cause remains unaffected. A valid reason for a termination by 4onemankind.org is given when the User has significantly or repeatedly failed to fulfill their obligations as per paragraph 3 of this Agreement or by provision of false information upon registration.

6.3. 4onemankind.org is entitled to block the User from some or all functionalities on 4onemankind.org independently of the right to terminate User access. In particular, the blocking affects the ability to adjust or change content on 4onemankind.org. Furthermore, 4onemankind.org is entitled to check, block or delete all content - irrespective of cause - on 4onemankind.org. 4onemankind.org will particularly exercise this right when there is a third party notification on the violation of any laws, third party rights or violation of 4onemankind.org rules and terms of use by certain content or Users.

6.4. Prior to termination of usage or the blocking of a User or of content, the User will be given the opportunity to provide feedback.

6.5. After termination of the contractual relationship, the User’s profile on the platform will be set to 'anonymous'. For more information, please refer to our Privacy Policy.

 

7. Liability

We exclude the liability of 4onemankind.org from all damages and liability claims, regardless of their legal basis (e.g. warranty, delay, impossibility, breach of duty or tort), except for claims ... 

- Due to injury to life, body and health, 
- Due to malice or warranty, 
- From willful or grossly negligent behavior by 4onemankind.org or their legal representatives, 
- Or in violation of an essential contractual obligation ("cardinal obligation") 

For these exceptions, we refer to the legal regulations.

 

8. Donation Process

Within the scope of these Terms of Use, the donation process relates to the allocation of funds to a "fundraising goal". The fundraising goal is set by a project or a fundraiser of an organization.

Such support may be provided as funding or donations in kind or by performing unpaid voluntary work.

The terms "donor" and "donation process" are used independently of the tax status of the organization which receives the donations.

8.1. Role of 4onemankind.org

8.1.1. 4onemankind.org’s role is restricted to the sole purpose of providing the technical infrastructure to connect Sponsors and Recipients of support. It is each Sponsor's responsibility to obtain all the information required for their decision prior to making a donation to a specific fundraising goal. 4onemankind.org can therefore provide no guarantee that a fundraising goal as described by the Recipient is also obtained.

8.1.2 . All information available to 4onemankind.org can be found on the platform itself. In addition, no further information about projects or support requirements and those involved are available. 4onemankind.org does not verify the information of registered Users, projects and support requests provided on the platform. In particular, neither the identity of the content provider nor the representation of the project will be reviewed. 4onemankind.org asks for proof of tax exemption from organizations that are recognized under German tax law as charitable organizations.

8.1.3 . 4onemankind.org recommends that Users support a fundraising goal only if the Sponsors of the organization or the person in charge is known to you, or if the project has been recommended by a trustworthy person and the User considers it as appropriate due to the descriptions.

 

8.2. Fund transfers

8.2.1. Monetary donations can be made in the form of one-time payments or recurring payments.

The donation normally goes towards a fundraising goal of a "project" or to a "charitable organization". In the "Project", the use of a Donation is defined in more detail. Each project contains one or more "project needs", where the "project manager" indicates what is required for the implementation of the respective project. In addition, a Donation to higher authorities, such as "charitable organisations", is possible.

Details of the terms and conditions are found in the Conditions for organizations, projects, donations in kind and volunteering.

8.2.2. Charitable beneficiaries - 4onemankind.org is a tax-deductible funding body. Funds transfered to projects are first collected by 4onemankind.org acting as a recipient of the donation. By selecting a target project, a Sponsor chooses to support an organization or a project. 4onemankind.org subsequently follows this request and transfers the funds to the selected project, provided that the necessary prerequisites are met (see point 8.2.4. below).

8.2.3. Non-profit recipients of donations - 4onemankind.org provides Users the opportunity to support projects in their home country as well as abroad whose carriers (natural or legal persons) are charitable organizations not covered by German tax law. All of these projects are operating for charitable, social and / or religious purposes, in accordance with 4onemankind.org regulations. This monetary donation is a "fiduciary donation" to an escrow account held by 4onemankind.org at PostBank. By participating in the donation process, the Sponsor agrees to a separate trust agreement with the bank. 4onemankind.org initiates the forwarding of the Donation amount to the project following the stated conditions (see 8.2.4.), unless important reasons, such as violations of the conditions by organizations and projects make the payment obsolete.

8.2.4. Disbursement conditions - The following requirement must be met for payment of Donations: All collected donations that in total exceed € 1000.00 or a period of four months without new donations added to the project (which allows for a more efficient transfer of a lump sum instead of smaller donations with higher fees per transfer especially for projects in other jurisdictions) are paid out to the chosen recipient. 4onemankind.org determines the total amount of collected funds. 4onemankind.org can use the help of a third party to make this assessment. The project manager must document the planned payment date for use with a specific entry in the project blog. A payment will be made monthly with a 90 days value date after a project manager’s request for withdrawal. Thereby 4onemankind.org confirms with the regulations and requirements for the security of international money transfers defined by Heidelberger Payment GmbH and HSO bank. 4onemankind.org reserves the right to transfer donations once the funding target is fully met. The transfer is made to the project organization or individual project manager.

8.2.5 . Anonymous donations - Supporters have the possibility to make a so-called anonymous donation. In this case, registering as a User is not required. However, the Sponsors must provide their name, email address, postal address and remittance details in order for the charitable donation to be considered truthful and correct. The Sponsor is displayed on the platform without a profile image and with the name "anonymous Sponsor".

8.2.6. Donations – 4onemankind.org offers the possibility to support projects with funding. In case it is impossible to transfer the funds to these projects (e.g. if the project is already fully funded), the donated amount shall be transferred to 4onemankind.org to be used for the pursuit of its statutory purposes.

8.2.7. Legally binding - Sponsors are committed to provide the specified amount of monies for projects from them without any deductions for any costs of money transfer. Neither sponsors nor recipients may claim interest on undisbursed funds. Repayment of donated funds to Sponsors is excluded, except in case of project termination (see 8.4).

8.2.8. Payment & Security - Payments can be made by credit card, debit, instant transfer and advance payment as indicated on the platform. Special conditions of these payment providers apply (8.2.9). The donation process on 4onemankind.org is only using secure payment gateways where the data is transmitted over an encrypted connection (SSL) and processed by 4onemankind.org only in connection with the donation.

8.2.9. Transfer fees - The following charges occur for any monetary transfer

Visa/MasterCard without 3D-Secure

Per transaction - 0.12EUR, disagio - 2,8%, min. disagio - 0.2EUR [most expensive mode of transfer]

German Debit

Per transaction - 0.12EUR, disagio - 1,6%, min. disagio - 0.0EUR

Direct Transfer

Per transaction - 0.12EUR, disagio - 1,1%, min. disagio - 0.1EUR

Advance Payment

Per transaction - 0.0EUR, disagio - 0,7%, min. disagio - 0.1EUR [cheapest mode of transfer]

For every disbursement, 4onemankind deducts a 3% service fee which is used according to the statute for charitable purposes and the advancement of the platform functionalities.

With this 3% service fee, 4onemankind covers the 0.12EUR disbursement fee per lump sum transfer per project as well as a monthly disbursement file fee of 5EUR and a monthly payment provider fee of 39EUR.

8.2.10. Publication / testing of donations - An important aspect of 4onemankind.org is transparency in the implementation of projects. In order to be able to release donations, the privacy policy that is published in their most recent edition on 4onemankind.org applies. In addition, the Sponsor authorizes 4onemankind.org to review information provided by the recipient and / or the payment intermediary (" Payment Service Provider ") to ensure that and to what extent the promised donation has been paid. 4onemankind.org is also entitled to store such information to provide to authorities and other third parties as required by law (e.g. money laundering law) for the duration stipulated by law.

8.2.11. Donation receipt - A tax receipt will be issued by 4onemankind.org only in case that the work of 4onemankind.org itself is supported by a donation (see 8.2.6.) and insofar as 4onemankind.org has the information required for issuing the tax receipt, including name and postal address details. Donations for which a tax receipt need to be issued, are marked as such when making the donation on 4onemankind.org.

Donation receipts will be issued retroactively on an annual basis at the end of the calendar year. A claim for interim certification does not exist.

If a Recipient of a monetary donation passed on by 4onemankind.org issues or receives a donation receipt, 4onemankind.org accepts no responsibility for the tax advantage of the donation. In particular, it is pointed out that the recognition of certificates of Recipients from other jurisdictions than Germany does not suffice for tax enforcement .