USER AGREEMENT
Of Goodneighbors.kg
crowdfunding platform
1.1. The functions of the Goodneighbors.kg platform are provided on conditions that the rules specified in this User Agreement of the Goodneighbors.kg crowdfunding platform use (hereinafter referred to as Agreement) are followed.
1.2. The Organizer of the website has the right to unilaterally amend this Agreement without obtaining consent and without special notification from the Project Organizer and the User. The new version of the Agreement comes into force from the moment of its posting on the website, unless otherwise provided by the new version.
1.3. The Website use and / or any functions of the Website means the full acceptance of this Agreement terms by the Project Organizer and the User. In the event of disagreement between the Project Organizer and the User with any provisions of this Agreement, the Project Organizer and the User shall not be entitled to use the Website. In case of disagreement with any changes made by the Organizer of the Website in the Agreement, the Project Organizer and the User are obliged to stop using the Website. The use of the Website after the Website Organizer makes changes to the Agreement in the order described in clause 1.2. of this Agreement means the full acceptance of the new version of the Agreement by the Project Organizer and the User.
1.4. This Agreement in accordance with the Article 366 of the Civil Code of the Kyrgyz Republic is a written public offer of the Branch "Good Neighbors International" in the Kyrgyz Republic.
After your approval of this document (acceptance) in the established manner, the Agreement takes the force of the contract and is subject to compliance by the Parties.
2. TERMS AND DEFINITIONS
2.1. The Goodneighbors.kg platform (hereinafter referred to as the “Website”) is a complex of software and hardware that provide the opportunity for information and technological interaction between all participants of the process, committed using the Internet actions with the aim to provide the User with financial resources for the Project Organizer for the Project implementation, information about which is available on the website www.goodneighbors.kg.
2.2. The Organizer of the Website is the Branch “Good Neighbors International” in the Kyrgyz Republic, which administers and provides technical support for the work of the Website. The Organizer of the Website is not a person authorized to perform legally significant actions, except for the cases expressly indicated in this Agreement.
2.3. The Project Organizer is a physical or legal person who created the Project on the Website in the manner specified in this Agreement. The Project Organizer offers the terms of the specific Project, whereby the Users can finance its implementation in accordance with the rules provided for in this Agreement.
2.4. The User is a legal physical person who has reached the age of 18 (possibly from 14 to 18 years with the written permission of the legal representatives to process the personal data of the minor) who participated in the Project by providing gratuitous funds to the Project Organizer.
2.5. The Project is a set of joint organizational and other activities of the Project Organizer and the Website Organizer conducted within the Website and aimed at collecting funds for the implementation of the stated objective in the Project.
2.6. Terms of the Project is a set of concrete events, actions, facts, as well as the obligations of the Project Organizer, in the performance of which it becomes possible to achieve the result of a separate Project.
2.7. This section is not exhaustive for the interpretation of terms used in this Agreement. The content of individual terms can be found elsewhere in this document.
3. SUBJECT OF THE AGREEMENT
3.1. The Organizer of the Website is solely the entity providing organizational, technical, information and other opportunities of the Website for the implementation of its interests by the Project Organizer and the User. The Organizer does not control and is not responsible for the actions or omissions of any persons regarding the use of the Website.
3.2. The Organizer of the Website reserves the right to act as the Organizer of the Project.
3.3. Under the conditions provided by this Agreement, the Website Organizer provides:
3.3.1. To the Project Organizer - a technical opportunity to post information on the Project, the terms of its implementation, the procedure for financing by the Users and other information on the Project implementation on the Website;
3.3.2. To the User - a technical opportunity to learn about current Projects carried out by the Project Organizers, to participate in the ongoing Projects, by contributing funds in the amount specified by the User, as well as other technical and informational opportunities.
4. PROCEDURE FOR THE WEBSITE USE
4.1. For the Project to collect money, the Project Organizer performs the following actions:
4.1.1. The Project Organizer submits the application by filling out the Project Form which is on the Website in the “About Us” section.
4.1.2. The completed Project Form is sent to the e-mail address of the Organizer of the Website: kgz.dme.gni@gmail.com for completeness and adequacy of the information provided. The Project is published on the website in the “Projects” section after approval of the Project Form by the Website Organizer.
4.2. The Organizer of the Website shall not be liable for the violation by the Project Organizer of exclusive rights to objects of intellectual property contained in the Project Form belonging to third parties.
4.3. The Organizer of the Website does not check the reliability of the information contained in the Project Form, including the information specified in the Project Form for commercial or other secrets of third parties, etc.
In case of detection of signs of rights’ violation of third parties, violation of other rules for posting information on the Website, the Organizer of the Website has the right to require the Project Organizer to eliminate the revealed violations or refuse to place the Project on the Website.
4.4. In the event of refusal to post information, the Organizer of Website shall not bear liability, including direct or indirect losses incurred by the Project Organizer and / or other Users, in connection with the refusal to post such information, including in connection with the refusal to place the Project.
4.5. It is prohibited to place the Project on the Website, if restrictions and prohibitions in the legislation of the Kyrgyz Republic apply to the subject of financing the Project.
4.6. The Organizer of the Website, in its sole discretion, reserves the right to introduce additional restrictions and prohibit the placement of Projects that are not prohibited by the legislation of the Kyrgyz Republic and which are not subject to restrictions, but which can cause negative consequences or be interpreted in contradictory ways.
4.7. The Project Organizer can make changes and additions to the conditions of the Project implementation only after approval of these changes and additions by the Website Organizer.
4.8. If based on the results of the Project, the collected funds make up more than the amount required by the Project Organizer for the implementation of the Project, the Project Organizer is obliged to terminate the fund raising ahead of schedule. In this case, the User is not returned erroneously and unnecessarily listed funds.
4.9. The Organizer of the Website has the right to suspend or terminate the Project at any time upon the occurrence of the following circumstances:
4.9.1. receipt of information about the violation of the rights of third parties by the Project Organizer in carrying out the Project, including dissemination of information that deceives Users and any third party about the Project, its conditions and other circumstances that may lead to the occurrence of such consequences;
4.9.2. if from the beginning of the Project, it became evident that the required amount of funds would not be collected before the completion of the Project;
4.9.3. if the Project Organizer uses or intends to use materials for which s/he does not have sufficient rights;
4.9.4. if circumstances have come that do not depend on the will of the Organizer of the Website and make it impossible to continue the Project;
4.9.5. if acts are issued by public authorities or local government regulatory that directly or indirectly impede the implementation of the Project;
4.9.6. if as a result of the Project, Users and / or third parties may be harmed;
4.9.7. in other cases when, according to the Organizer, the Project cannot be carried out.
4.10. The termination of the Project shall be notified to the Project Organizer, Users and other interested parties, if any, by the time the Project is terminated.
4.11. Use of the Website’s functions by other means not corresponding to the purpose of the Website is a violation of this Agreement and serves as a basis for the removal of the Project.
4.12. The Organizer reserves the right at any time to change the design of the Website, its contents, modify or supplement the used scripts, software and other objects used or stored on the Website, any server applications, as well as the closure of the Website and the suspension of the Website at any time with a preliminary notification or without it. At the same time, the Organizer of the Website makes and will make all necessary efforts for the uninterrupted operation of the Website.
5. RULES FOR THE PROJECT ORGANIZER
5.1. The Project Organizer guarantees the following:
5.1.1. possesses all the necessary powers and legal capacity, established by the legislation of the Kyrgyz Republic for the performance of legally significant actions;
5.1.2. necessary and sufficient efforts have been made to correctly calculate the necessary amount of money;
5.1.3. the conducted Project will not violate the rights of Users and third parties;
5.1.4. the actions envisaged for the implementation of the Project are in accordance with the current legislation of the Kyrgyz Republic, as well as this Agreement;
5.1.6. all information provided for the transfer of funds received is true; the bank or other account is opened on the name of the Project Organizer;
5.1.7. the information posted on the Website is true, and also complies with the requirements of this Agreement and with the legislation of the Kyrgyz Republic;
5.1.8. information about the Users received for the fulfillment of the accepted obligations will be used by the Project Organizer exclusively for the purposes of the Project implementation.
5.2. The Project Organizer is obliged to provide the Organizer of the Website with information about the bank or other account for the transfer of funds, as well as provide the required package of documents, which is specified in the Project Form.
5.3. The Project Organizer is obliged to provide the Users with necessary and reliable information about the results of the Project.
5.4. The Project Organizer is obliged to fulfill in time all obligations undertaken in connection with the organization and conduct of fund-raising.
5.5. The Project Organizer guarantees that in the event of improper performance of the obligations undertaken s/he will, by its own resources and means, compensate all losses caused by the Users / or the Organizer of the Website.
5.6. The Organizer of the Website has the right to place advertising and other information materials on the pages containing materials about the ongoing Projects.
5.7. The Project Organizer is liable for damage caused to the Organizer of the Website as a result of illegal actions (inactions), twice the amount actually caused.
5.8. Any losses that the Project Organizer may incur in case of willful or reckless violation of any provision of this Agreement, as well as unauthorized access to communications of another Project Organizer, are not reimbursed by the Organizer of the Website.
6. RULES FOR THE USER
6.1. The User guarantees the following:
6.1.1. possesses all necessary powers and legal capacity established by the legislation of the Kyrgyz Republic for the performance of legally significant actions. In particular, the User guarantees that in the event that s/he does not have the necessary powers to perform the specified actions, s/he undertakes not to commit such actions until the obstacles that have arisen are eliminated;
6.1.2. with the participation in the Project, to comply with the provisions of this Agreement;
6.1.3. the Organizer of the Website and the Project Organizer have been provided with reliable information sufficient to fulfill its obligations related to the Project.
6.2. If the User fails to comply with the above guarantees, s/he undertakes to refuse to participate in the Project. In this case, the User her/himself incurs all losses that arose in connection with the failure to provide the above guarantees.
6.3. The User participates in the financing of the Project by transferring money in the form of donations for the purpose of gratuitous support to the Project.
6.4. The User transferring money in support of the Project gives his/her consent to blocking the part of the funds that corresponds to the value of the Project chosen by him/her, and also the consent to transfer these funds to the Project Organizer.
6.5. The User agrees to provide personal data to the Project Organizer in the amount necessary for the Project Organizer to fulfill its obligations to the User.
9. FINAL PROVISIONS
9.1. All issues not regulated in this Agreement are governed by the current legislation of the Kyrgyz Republic.
9.2. All possible disputes arising from or related to this Agreement shall be resolved in accordance with the current legislation of the Kyrgyz Republic.
9.3. Recognition by a court of any provision of the Agreement as invalid does not entail invalidity of other provisions of the Agreement.
9.4. Inaction on the part of the Organizer of the Website in case of violation by the Project Organizer and / or Users of the provisions of this Agreement does not deprive the Website Organizer of the right to take later appropriate actions in defense of its interests.
The Project Organizer and the User confirm that they are familiar with all the points of this Agreement and certainly accept them.