BowlsChat Terms and Conditions
Introduction
The Terms and Conditions govern your access to and use of this website and various online tools, services and applications that BowlsChat makes available to all users of the BowlsChat website.
The Terms and Conditions apply to the whole website and have been updated to comply with the requirements of the General Data Protection Regulation (GDPR) that takes effect on 25th May 2018.
Although the GDPR is only for certain countries, the Terms and Conditions apply to anyone visiting the website or is a member of BowlsChat, irrespective of location.
1. Privacy
You have read and understand our Privacy Policy and any personal identifiable information submitted by you will be subject to our Privacy Policy.
2. Responsibilities
(a) Your Responsibilities
In accordance with the Terms and Conditions contained herein, by accessing the BowlsChat website, you agree to:
be bound by the Terms and Conditions set forth herein
comply with the Privacy Policy in the form set forth here
comply with any technical specifications, rules of operation or security procedures set forth by BowlsChat from time to time on the website
We may revise or modify these Terms and Conditions by posting the revised Terms and Conditions through a link on our website. While we aim to provide notice to you of any changes to the pricing, financial or other Terms and Conditions, whether or not we provide notice to you, you will be bound by the revised Terms and Conditions for all subsequent uses of the BowlsChat website after such modifications have been made. If you do not agree to any of the Terms and Conditions set forth herein, you may not use the BowlsChat website.
(b) Our Responsibilities
In accordance with the Terms and Conditions contained herein, if you are a visitor or member of the BowlsChat Community, BowlsChat will perform, and you authorize BowlsChat to provide as your agent and on your behalf, the following services:
comply with the Privacy Policy in the form set forth here
be paid and process online donations made by individuals or entities (Donors) on the BowlsChat website
transfer any donations to the designated Campaign Owner automatically using PayPal (less a PayPal fee and 5% BowlsChat administration charge)
send a thank you email and transaction receipt to Donors
BowlsChat automatically generates and sends a series of emails to Campaign Owners and Donors to assist them in more effectively using the BowlsChat Fundraising Service. BowlsChat will make available to Campaign Owners online reports identifying, where available, the name, address, email and transaction accounting details of the individuals or entities that have made online Donations along with amount of the online Donation.
(c) BowlsChat Accounts
BowlsChat allow registered members of the BowlsChat Community to use all the facilities of the website subject to these Terms and Conditions.
The minimum information required is name, username, password and email address at registration but further information may be required to use other parts of the website.
All Campaign Owners require full information with independent confirmation of identity and Donors also need to supply additional information before making a donation in a secure area.
Any attempt to access restricted areas without authorisation is prohibited.
When you create an account with BowlsChat, you need to choose a password and are responsible for keeping it confidential. Do not allow any unauthorised person access to your password and if you become aware of any unauthorised use or other security breach, contact BowlsChat immediately.
3. Store and Amazon
BowlsChat is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com, Amazon.co.uk and Amazon.ca. Any Amazon content that appears on this site comes from Amazon Services LLC. This content is provided 'AS IS' and is subject to change or removal at any time.
Please deal directly with your supplier through the normal Amazon channels for queries and returns.
BowlsChat products in the Store that are not part of the Amazon network are subject to these Terms and Conditions as well as any additional conditions in the Store regarding delivery, returns, pricing and anything else relting to the products and service.
4. Campaigns
(a) Limits
There are a number of limits applicable to Campaign and Donations (all limits below may be subject to change at any time without notice):
Individual Campaigns may not exceed $50,000 (or currency equivalent)
A member may create a maximum of 4 Campaigns in a calendar year
A member may only have a maximum of 2 active Campaigns at any one time
The maximum Campaign duration is 120 days
Donations are not allowed from India (PayPal restriction)
A single Donation may not exceed $1000 (or currency equivalent)
A person may donate up to 4 times to a single Campaign
(b) Donations - Our Fees
If you are a Campaign Owner or Donor, you are solely responsible for ensuring that you have selected the correct organization to raise funds for or donate to.
All donations to Campaigns are made as unrestricted gifts and may not be specified for any particular purpose. The amount of any donations to the Campaign chosen by you are charged to you and processed by PayPal on behalf of BowlsChat.
Any payments of donations are final and non-refundable. BowlsChat do not charge a fee to the Donor for any donations.
All donations are processed automatically by Paypal to the Campaign Owner, less any fees designated in Section 1(b).
BowlsChat does not hold any funds for the Campaign Owner or act as an intermediate step before donations are transferred, the payment process from Donor to Campaign Owner is direct.
Your donations to the Campaign Owner chosen by you will be net of fees as designated in Section 1(b). This fee structure is subject to change from time to time at the sole discretion of BowlsChat.
Any Fees described herein are exclusive of any taxes, which will be charged (if applicable) as a separate line item on invoices.
All donors agree not to use an invalid or unauthorized payment card in making transactions on the BowlsChat site. Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of the donors payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
5. Information on the BowlsChat Website
Any information; ideas or opinions posted by visitors or members of the BowlsChat Community on the BowlsChat website do not necessarily reflect our views. We do not assume responsibility for the accuracy of any information, ideas or opinions posted by visitors or members and are not liable for any claims, damages or losses resulting from such information, ideas or opinions.
If you post any information, materials or other content on our website, you authorize us to use and publish such materials in any manner we choose and without any obligation to compensate you or anyone else. When posting any information, materials or content you agree that you will not:
Harass, defame, intimidate or threaten another user
Interfere with another user's rights to privacy
Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business)
Post any material that is obscene, offensive or indecent
Post any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner
Operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise
Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse) or
Advertise or sell any goods or services without the consent of BowlsChat
6. Partner Services
Our website may provide links to third party websites or services. We provide such links solely for the convenience of our users. We do not review or endorse, and are not responsible for, any content, advertising, products, services or other materials on or available from such websites or services. You assume full responsibility for your use of third party websites or services.
7. Proprietary Rights
(a) Trademarked Material
You own all your Marks provided by you in connection with your use of the BowlsChat website (collectively, "Your Materials"). You hereby grant to BowlsChat a non-exclusive, royalty-free transferable, fully paid-up world-wide license to use, copy, display, transmit, publish and distribute Your Materials for the sole purpose of providing the services described in these Terms and Conditions. Without limiting the generality of the foregoing, you authorize BowlsChat to include your name and logo in a press release, case studies or other announcements and on the BowlsChat website. BowlsChat obtains no other right, title or interest in Your Materials except as set forth herein.
(b) BowlsChat Material
BowlsChat and its licensors shall retain all Intellectual Property Rights in the software, tools, designs, documentation, data and any other material developed or provided by BowlsChat pursuant to these Terms and Conditions, including but not limited to the BowlsChat website and any data, text, pictures, sound, graphics, logos, marks, symbols, video, visual, oral or other digital material and any other content of any description, provided by BowlsChat pursuant hereto.
8. Trademarks
The names BowlsChat, bowlschat.com, the BowlsChat logo and any other product and service names that we may present on the BowlsChat website from time to time may not be used in connection with any product or service that does not belong to BowlsChat, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit BowlsChat.
Other trademarks, service marks or logos that appear on the BowlsChat website, in particular (but not exclusively) those of Campaigns registered with BowlsChat are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both BowlsChat and the trademark owner.
9. Copyright
All content on the BowlsChat website is owned by BowlsChat, the Campaigns registered with BowlsChat, or other original providers, and is protected by applicable intellectual property and proprietary rights and laws. You may copy such content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark, or other proprietary notice. No other use of content on the BowlsChat website is permitted without the express prior permission of BowlsChat, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to [email protected]
10. Representations and Warranties - Disclaimers
Use of the BowlsChat website is at your sole risk. BowlsChat provides the tools, the website and the services on an "As Is", "As Available" basis. Each party represents and warrants that it shall perform its obligations in a manner that complies with the applicable national and local laws, regulations, ordinances and codes (including identifying and procuring required registrations, certificates and approvals and posting of any necessary bonds).
Without limiting the generality of the foregoing, you further warrant that you own or otherwise have sufficient rights to grant the licenses granted hereunder to Your Materials, have collected Your Materials in compliance with all applicable laws, rules, and regulations (including any infringement or misappropriation of patent, copyright, trademark or trade secret); and that the use and provision of Your Materials as contemplated herein will not infringe upon any intellectual property, privacy or other rights of any third party.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
To the extent permitted by law, BowlsChat expressly disclaims any and all such other warranties.
BowlsChat makes no representation as to whether all or any portion of Donations are tax deductible. BowlsChat will have no liability for any claim by any applicable tax authority with respect to the characterization by you or any visitor or member on each of the applicable taxes, tariffs, duties and other charges or assessments imposed or levied by any government in connection with this Agreement, including without limitation any national and local sales, goods and services, value-added, personal property or any other consumption taxes. The person making any Donations shall remain solely responsible for the payment of such taxes, if any.
11. Indemnification
(a) Your Indemnity
You agree to indemnify, defend and hold harmless BowlsChat and its officers, directors, employees, agents, successors and assigns, from any and all Losses arising from any third party claim, action or proceeding alleging (A) that Your Materials or the use thereof by BowlsChat or Donors, (i) violates or infringes the Intellectual Property Rights of any third party, (ii) violates any applicable law, rule or regulation, or (iii) constitutes, or contains material that constitutes, libel, defamation or an invasion of privacy or (B) fraud or misrepresentation by You in connection with Your status.
(b) Procedures
A party seeking indemnification hereunder (the "indemnitee") shall promptly notify the other party (the "indemnitor") upon receipt of notice of the commencement or threatened commencement of any action or proceeding that may be subject to indemnification hereunder. The indemnitor shall have sole control over the defence and settlement of such claim; provided that the indemnitee (a) shall be entitled to participate in the defence of such claim and to employ counsel at its own expense to assist in the handling of such claim and (b) shall reasonably cooperate with indemnitor in the defence or settlement of such claim.
(c) Remedies
Section 11 states each party's entire obligation to the other party and such other party's sole remedy with respect to any claim of infringement.
12. Limitations of Liability
BowlsChat's liability to you for any recoverable losses or damages arising under or in connection with these Terms and Conditions and your use of the BowlsChat website shall be limited, to extent applicable, to:
the actual direct damages incurred by you, in an amount not to exceed the total revenue received by BowlsChat resulting from your use of the BowlsChat website provided hereunder during the most recently preceding 12-month period
your discontinuance of any further use of such items or the BowlsChat website
BowlsChat shall not be liable for:
damages caused by your failure to perform your responsibilities
claims or demands of third parties (other than those third party claims covered by Section 10)
any lost or corrupted data, any lost profits, loss of business, loss of use, lost savings or other consequential, special, incidental, indirect, exemplary or punitive damages, even if BowlsChat has been advised of the possibility of such damages.
The foregoing limitations shall not apply to:
the payment of settlements, costs, damages and legal fees referred to in Section 11
your obligation to pay amounts owed as compensation for the services hereunder
Notwithstanding the foregoing, to the maximum extent permitted by law, BowlsChat disclaims liability for any loss or damages, whether direct, indirect, special, incidental, or consequential (even if BowlsChat has been advised of the possibility of such damages) arising out of:
your use of the BowlsChat website and Services or your inability to do so
your reliance on any content provided on the BowlsChat website or through the services provided thereunder
goods and services in any way associated with the BowlsChat website and the services thereunder
The limitations of liability set forth in this Section 11 will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in these Terms and Conditions.
13. Force Majeure
Neither party shall be liable for any default or delay in the performance of its obligations hereunder if and to the extent such default or delay is caused by:
fire, flood, earthquake, elements of nature or acts of God
riots, civil disorders, rebellions or revolutions in any country
any other similar cause beyond the reasonable control of such party
In such event the non-performing party shall be excused from further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and such party continues to use its best efforts to recommence performance or observance without delay.
14. Term and Termination
Your agreement to abide by these Terms and Conditions will commence automatically upon your initial use of the BowlsChat website and continue until the earlier of:
termination of your rights to use the BowlsChat website by BowlsChat
your ceasing to use the Service
Sections 2, 4, 6, 7, 8, 10, 11, 12, and 14 shall survive any termination or expiration of these Terms and Conditions.
15. User Conduct
You must at all times use the BowlsChat website in a responsible and legal manner.
In particular (but not exclusively) you must not do any of the following:
misrepresent your identity or your affiliation with any other person or organization
send junk email or spam to people who do not wish to receive mail from you
delete or falsify any attributions, trademarks or designations of source from any website content
conduct, display, promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters
interfere with or disrupt the BowlsChat website or services or networks connected to the BowlsChat website
collect or store personal data about other users including email addresses
You agree that you will comply with all applicable national and local laws, statutes and regulations regarding use of this website and BowlsChat tools and services.
Miscellaneous
BowlsChat will implement and maintain organizational, physical, and electronic security measures for the secure acceptance, processing and transmission of funds in keeping with industry standards in global e-commerce and BowlsChat will comply with applicable data protection and privacy protections laws, codes of practice, and any other legal obligations associated with the collection, use and disclosure of Personal Information, if any, including disclosure to provide the services and for your use of the BowlsChat website.
These Terms and Conditions will be governed by and construed in accordance with the laws of the United Kingdom, without reference to its conflicts of laws rules.
Any provision of these Terms and Conditions that is held to be invalid or unenforceable will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these Terms and Conditions shall continue in full force and effect.
Neither these Terms and Conditions, nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture or agency relationship between the parties. You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without BowlsChat's prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect.
These Terms and Conditions are binding upon the parties' respective successors and permitted assigns. No failure of BowlsChat to exercise or enforce any of its rights hereunder will act as a waiver of such rights. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.
