Please read these Terms carefully as they govern your use of the Services. THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION.
By accessing, using or attempting to use the Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access our platform or utilize the Services.
We reserve the right to deny service to any person or entity at our sole and absolute discretion. You acknowledge and agree that we may stop providing the Platform and/or the Service or restrict your use of the Platform and/or the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of these Terms and/or if we suspect that you have used any aspect of the Service to conduct any fraudulent or illegal activity. If we disable your access to your account, you may be prevented from accessing the Service, your account details and/or any materials contained in your account.
“Services” refers to various services provided to you by BCF and/or its affiliates that are based on Internet and/or blockchain technologies and offered via Binance Charity Platform (“Platform”). The purpose of the Service is to use blockchain technologies to enable third party nonprofit entities or organizations (each, a “Charity”) to receive Donations and provide transparency and accountability to their donors by sharing financial information and direct project results in real time. We are a technology platform provider and are not responsible for the use of your donations or the amount of funds raised for any charity, campaign, or event except for BCF’s own project on the Platform.
“Donor” refers to any individual, entity or organization that creates an account and donates or intends to donate funds through the Services.
“Donation” refers to any cryptocurrency donated by the Donor to the Charity on the Platform.
II. Charity Terms.
Any Charity that creates an account and solicits donations through the Services is subject to the following additional terms:
- Charity Fundraising.
By raising funds through the Services, you and the Charity that you represent agree that you and the Charity will comply with all applicable Federal, state and local solicitation and/or fundraising laws, and you further represent and warrant that: (a) you are the authorized representative of the Charity with the authority: (i) to solicit donations for the Charity; and (ii) to bind the Charity to these Terms; (b) the Charity has and will maintain tax-exempt status under section 501(c)(3) of the Internal Revenue Code or the equivalent registered status in your country; (c) the Charity has a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; (d) all donated funds will be used solely for the purpose you have stated in your registration on the Services, and under no circumstances may you use the funds for any other purpose; (e) Charity and/or its authorized representative understands that most states require some form of registration with the applicable governmental authority in order to solicit donations in those states, and agree that they are or will become compliant with those rules, and that BCF has no responsibilities for their registrations; and (f) all donations accepted shall be at your or the Charity’s own risk. When you or the Charity accept a Donation from the Donor, it is your responsibility to understand where the Donation is coming from. We do not verify the donations source of funds. BCF is not responsible for any money laundry issue or similar risks related to the Donation. Similarly, BCF is not and will not be responsible for ensuring that information (including credentials) a Donor provides is accurate or up-to-date since BCF doesn’t control the actions of the Donor.
- Acceptable Donations.
Donations through the Platform may only be made to organizations, trustees, private or public foundations recognized as charities by their government under applicable law. BCF reserves the sole and exclusive right to disallow donations to non-qualified organizations or to terrorist-supporting organizations.
- Faith-based Activities Policy.
The Charity will apply Donations received solely for secular community activities. For the avoidance of doubt, faith-based organizations may be eligible to receive donations for activities that meet the following criteria: the activities serve a secular purpose, do not provide faith-based instruction or education, and do not encourage or require constituents to learn about or adhere to the organization's faith-based beliefs. BCF will not support evangelism or proselytizing, programs that require exposure, adherence to, or conversion to religious doctrine, or activities that promote a particular faith-based belief.
- Profile and Story.
You may create a profile with your story on the Platform. Any profile and story that you post on the Platform must comply with applicable law and the terms set forth in these Terms and you shall be solely responsible for the truth of your profile and story posted on the Platform.
Any campaign that you post on the Platform must comply with applicable law and the terms set forth in these Terms. Any project that is posted may not be removed once a donation has been made.
- Donation Widget.
You may create a donation widget upon creation of a campaign and put it on your website. Your use of the donation widget must comply with applicable law and the terms set forth in these Terms and you agree to use it at your own risk.
- Donation Reception.
In order to receive Donations from Donor, you must have an cryptocurrency wallet account on our partner’s platform (Binance.com), and the reception service shall be subject to the separate agreements between you and our partner. You agree to be bound by the separate agreements between you and our partner, as the same may be modified by our partner from time to time. In all cases, our partner’s processing fees, if any, may apply. BCF is not responsible for the performance or fee charges of our partner reception services. You shall provide your reception account and cryptocurrency wallet to us and keep it updated. BCF is not responsible for any failure of receiving Donation due to the incorrect, in accurate or not up-to-date information you provided.
Currently BCF does not charge any transaction fee or platform operation fee on any Donation. BCF may, from time to time, modify, amend, or supplement its fees and billing procedures, and such changes shall be effective immediately upon posting an update of these Terms or posting such changes elsewhere on the Platform. If there is a dispute regarding your payment of fees, or the Service, BCF shall have the right to terminate your account without prior notice. YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NON-REFUNDABLE IN WHOLE OR IN PART. BCF is not a crypto-currency exchange or wallet service and does not receive, hold or exchange digital currencies on behalf of any Charity. BCF does not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies.
III. Donor Terms.
Donor is subject to the following additional terms:
- Donor’s Risk.
All donations shall be at your own risk. When you make a donation to a Charity, it is your responsibility to understand how your money will be used. We do not warrant that donations will be used for any particular purpose and are not responsible for any misuse of the donations. BCF is not responsible for any offers or promises made by a Charity in exchange for Donations. Similarly, BCF is not and will not be responsible for ensuring that information (including credentials) a Charity provides is accurate or up-to-date since BCF doesn’t control the actions of Charity.
- Donation Restrictions.
All donations by Donor to Charity are considered "unrestricted." To the extent that a donation is made in response to a specific campaign of a Charity, purportedly designated to a specific charitable program of Charity, or to the extent that a Donor purports to direct the use of donations by a Charity, any such directions shall constitute non-binding recommendations only and the Charity shall have full discretion to determine how all donations will be used. BCF has no role in the relationship between Charity and Donor other than to process donations through the Platform and cannot control the actions of Charity; thus, this provision shall not have any legal effect on any dispute between Donor and Charity regarding donation restrictions.
- Donor Commitments.
By donating money through the Services, you represent and warrant that (a) you are at least 18 or are of legal age to form a binding contract under applicable laws; (b) you have full legal capacity and sufficient authorizations to enter into these Terms; (c) any donation you make is legal in your jurisdiction and that you are authorized to donate cryptocurrency; (d) all donations to Charities are made as unrestricted gifts and may not be restricted to any particular purpose; (e) donations will be made via third party digital currency wallet providers not associated with BCF and BCF does not collect, store, or transmit any digital currency that you may donate; and (f) all Donations to Charity, including to BCF and/or any third party charity, are final and non-refundable.
- Donation Receipts.
Donor and Charity each understand that BCF is providing to Donor on behalf of Charity, as a service to Charity and Donor for using the Platform, a donation receipt, commonly known as a contemporaneous written acknowledgement upon request. This receipt is designed to include the information generally required by the IRS for donations of cash or cash-equivalents where no goods or services are received in exchange for the donation. If different arrangements or understandings exist between the Donor and Charity, then the responsibility of providing Donor with an amended or revised donation receipt rests with the Charity.
- Tax Deductions.
BCF makes no representation as to whether all or any portion of your donations are tax deductible or eligible for tax credits. BCF will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you. You should consult your tax advisor as to the amount of your donation that is tax deductible or eligible for tax recognition, if any.
- Donor Information.
IV. Restrictions and Conditions of Use
- Use of the Platform.
We permit you to view and use the Platform/Services solely for personal or nonprofit use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Platform or through the Service.
- Accessing the Service.
You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the Platform. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers) and you agree to comply with the instructions contained in any robots.txt file present on the Platform or the Service.
- No Violation of Laws
You agree that you will not, in connection with your use of the Platform or the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Platform and/or the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
- Use Restrictions
You may not connect to or use the Platform or the Service in any way that is not expressly permitted by these Terms.
You may not: (a) remove any proprietary notices from the Service; (b) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Platform or the Service; (c) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of BCF; or (d) make any false, misleading or deceptive statement or representation regarding us and/or the Platform or the Service.
Without limiting the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Platform and/or the Service (or any servers, systems, or networks connected to the Platform or the Service) or otherwise attempt to obstruct, disrupt, or interfere with the operation of the Platform and/or the Service or any other person's or entity's use of the Platform and/or the Service (or any servers, systems or networks connected to the Platform or the Service); (ii) attempt to gain unauthorized access to the Platform, the Service, accounts registered to other users, or any servers, systems or networks connected to the Platform and/or the Service; (iii) use the Platform or the Service for any commercial purpose or the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Platform or the Service, unless you are specifically authorized to do so in a separate written agreement with BCF; (iv) use the Platform or the Service to (y) develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; or (z) perform any unsolicited commercial communication; or (v) engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming, or impersonates any other person or entity, or steals or assumes any person's identity (whether a real identity or online nickname or alias); (D) violates any applicable law, ordinance, rule, regulation or treaty or (E) in BCF’s sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying our Platform or Service, or which may expose us or our users to any harm or liability of any type.
- No Data Mining or Harmful Code
You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, any personal information of other account holders or other software data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Platform or the Service, whether through the use of a network analyzer, packet sniffer, or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Platform or the Service.
- Violation of the Terms
You acknowledge and agree that you are solely responsible, and BCF has no responsibility or liability to you or any other person or entity, for any breach by you of the Terms or for the consequences of any such breach.
V. Payment Services.
You may complete your donation by transferring the donation amount to the specific cryptocurrency address shown on the page of donation. It’s your own responsibility to ensure the amount you transfer to the address is consistent with the amount in your donation statement. BCF is not and will not be responsible for any loss in connection with the mistake of donation amount.
VI. Disclaimer Of Warranties.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM AND THE SERVICE IS AT YOUR SOLE RISK AND THAT THE PLATFORM AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BCF EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
BCF MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE PLATFORM OR THE SERVICE.
BCF DOES NOT REPRESENT OR WARRANT THAT (A) YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AND/OR THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (B) THAT OPERATION OF THE PLATFORM OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOUR USE OF THE PLATFORM OR THE SERVICE WILL MEET YOUR REQUIREMENTS; (D) DEFECTS IN THE OPERATION OF THE PLATFORM OR THE SERVICE WILL BE CORRECTED; OR (E) THE PLATFORM OR THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM OR THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.
VII. Limitation Of Liability; Sole And Exclusive Remedy.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BCF, AND ITS OFFICERS, DIRECTORS, AFFILIATES, LICENSORS, AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES"), SHALL NOT BE LIABLE TO YOU, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM AND/OR THE SERVICE, EVEN IF BCF AND/OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE PLATFORM OR THE SERVICE.
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF BCF OR ANY OF THE RELATED PARTIES EXCEED ONE HUNDRED DOLLARS ($100).
IN THE EVENT THAT THE APPLICABLE JURISDICTION DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE LIABILITY OF BCF AND THE RELATED PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD BCF AND THE RELATED PARTIES HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, OR OTHER LOSSES INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, RESULTING FROM OR ARISING OUT OF (I) YOUR USE OF THE PLATFORM AND/OR THE SERVICE OR (II) YOUR BREACH OF THE TERMS OR ANY OTHER POLICIES THAT BCF MAY ISSUE FOR THE PLATFORM AND/OR THE SERVICE FROM TIME TO TIME.
IX. Resolving Disputes: Forum, Arbitration, Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.
- Agreement to Arbitrate.
You and BCF agree that any dispute, claim, or controversy between you and BCF arising in connection with or relating in any way to these Terms or to your relationship with BCF as a user of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and BCF further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms.
- Arbitration Rules.
The arbitration shall be subject to the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”), as modified by this section. The arbitration will be administered by the International Court of Arbitration of the ICC. Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the ICC Rules. Any arbitration will be conducted in the English language, unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. Seat of Arbitration: The seat of the arbitration shall be New York, US. Place of Hearing: The location of any in-person arbitration hearing shall be New York, US, unless otherwise agreed to by the parties. Governing Law / Jurisdiction: The governing law of the arbitration shall be determined in accordance with the ICC Rules.
- Class Action Waiver.
You and BCF agree that any claims relating to these Terms or to your relationship with BCF as a user of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and BCF further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including us.
- Independent Parties.
BCF is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
- Entire Agreement.
These Terms constitute the entire agreement between the parties regarding use of the Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
- Interpretation and Revision.
BCF reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on the Platform. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of the Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, we will not be responsible for any modification or termination of the Services by you or any third party, or suspension or termination of your access to the Services.
- Force Majeure.
We will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond our reasonable control.
If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including any right or obligation related to the enforcement of laws or the change of control. We may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
- Third-Party Website Disclaimer.
- Contact Information.
For more information on BCF, you may refer to the company and license information found on the Platform. If you have questions regarding these Terms, please feel free to contact us for clarification via our support team.