TERMS OF USE
Version from 14.08.2023
Please read these Terms of Use (hereinafter – “Terms”) carefully before using this website and providing donations to the Fund. These Terms apply in full force and effect to your use of this website and by using this website you expressly accept all terms and conditions contained herein in full. You must not use this website, if you have any objection to any of these Terms. These Terms and any policies and rules posted on the website, including our Privacy Policy, constitute the entire legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “yours”) and Charity fund “Open Eyes” (hereinafter - “the Fund”, “we”, “us,” or “our”), concerning your access to and use of the website https://openeyesfund.com/ (referred to herein below as the “website”) and collection of charitable donations through the website. The information provided on the website is not intended for distribution to or use by any person or entity in any country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such country. Accordingly, those persons who choose to access the website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. When you use the website, you hereby declare and warrant that: (1) according to your local jurisdiction, you are of legal age and eligible to conclude agreements; (2) according to your local jurisdiction, you have no restriction to use the website.
DONATIONS
The website enables you to make charitable donations to the Fund, which are used for the statutory purposes of the Fund. You can make a one-time donation or subscribe for regular donations for a certain amount, which you can cancel by: a) clicking “Cancel subscription” button in the email confirming your subscription ; b) clicking “Cancel subscription” button on the website, filling out the mailbox to which the subscription was issued and confirming cancellation of the subscription in the email received. If you intend to make a donation to the Fund, please, get acquainted with terms of provision of charitable donations in the relevant policy published on the website. If you are foreign benefactor, you can donate in foreign currencies to our partner in Europe, Fundacja Open Eyes Poland, which is the non-profit organization, registered in Poland. US citizen can make tax-exempt donations via our fiscal sponsor in US – 501(c)3 nonprofit public benefit corporation Ecologistics, Inc. All received donations will be used to fulfill Fund’s statutory purposes. The payments on our website are made through the payment services providers. Once you follow the link for payment, you must abide by the terms of use, privacy policy, and other policies of such providers. We are not responsible for payment data processed by such providers. Please note that we do not control the exchange rate and commission that the banks or our partners may apply. When donating through the website you may provide personal information. You can learn more about how we handle your personal data in our Privacy Policy.
INTELLECTUAL PROPERTY RIGHTS
The Fund and/or its affiliates or third parties own all rights to source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks, logos and other intellectual property contained on this website and all such rights are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws, international copyright laws and international conventions. Rights to all intellectual property and material contained in this website are reserved. You are granted a limited, non-exclusive, revocable license, subject to the restrictions provided in these Terms, to view the material contained on this website, for personal, non-commercial use only. You must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system; you must not reproduce, republish, duplicate, copy, distribute, sell, re-sell, publicly display, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent. Elements of the website are protected by trade dress, trade secret and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the website are trademarks, service marks or trade dress of the Fund, its affiliates or other entities that have granted the Fund the right and license to use such marks and may not be used in any manner without the express written consent of the Fund. While the Fund maintains copyright protection in all publications it places on the Internet, the Fund consents to normal downloading, copying and distribution of the information for non-commercial purposes by you, provided that you also retain all copyright and other proprietary notices.
RESTRICTIONS
You are specifically restricted from using this website contrary to applicable laws and regulations and/or these Terms of Use, using this website in any way that is or may be damaging to this website, or to any person or business entity. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. The Fund does not want to receive confidential or proprietary information from you through our website and asks not to send such information through website
LINKS
This website may contain links to third party websites. Such links are provided for your convenience only. If you decide to access any of the third-party websites linked to from our websites, you do so entirely at your own risk. We cannot guarantee that these links will work all the time and we have no control over the availability of the linked pages. We have no responsibility for third-party websites and do not make any representations regarding the content or accuracy of the information presented therein. Your use of such websites is governed by the Terms of use, any privacy policies or other documents, published on such websites.
LIMITATION OF LIABILITY
We make no warranties about the services and information on the website. We shall not be subject to liability for interruptions in any service or delays in performance of the website from whatever cause. You agree that you use content, the services at your own risk. The content, the services are provided "AS-IS" with no warranties whatsoever, express or implied, and your use of that content or service is at your own risk. In addition, a link to a non-Fund website does not mean that the Fund endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
ATTENTION: IN NO EVENT WILL THE FUND BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You hereby indemnify to the fullest extent the Fund from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
MODIFICATIONS
The Fund may revise and update these Terms at any time. Your continued usage of the website after any changes to these Terms will mean you accept those changes. Any aspect of the website may be changed, supplemented, deleted, or updated without notice at the sole discretion of the Fund.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by and to be interpreted in accordance with laws of Ukraine. Any dispute, conflict or claim, directly or indirectly related to the website or these Terms, in particular, their validity, interpretation or application, must be resolved through peaceful negotiations directly with the team of the Fund in accordance with the principles of good faith and cooperation. If it is not possible to reach a consensus through negotiations, the dispute must be resolved exclusively in the courts of Ukraine, in compliance with the rules of jurisdiction, in accordance with the applicable substantive and procedural laws of Ukraine.
CONTACTING US
If you have any questions or comments about our Terms, please contact us by clicking the link below. This website is owned by Charity Organization “Charity fund “Open Eyes”.