Terms and Condition
A) TERMS AND CONDITIONS
The following terms and general condition (below “condition”) regulate the usage of the service (as defined below) provided by Geckosoft through the “Platform”, composed from the following websites www.giosef.it and www.noprofitchallenge.it (below the “Sito”), by the User (as defined below). Website and web-app, followed by the Plattform.
The User (Volunteer or Organisation) manifests the will to accept Condition and assume to respect it in any of the following behaviours:
a. By sign up into the website or Web-app; and/or b. By using Services; and/or c. By using the platform in any other way.
The User (Volunteer or Organisation) agrees not to use the Service and the Platform unless the Condition is accepted and to read very carefully the Condition before using the Service and the Platform.
For the purposes and for the effects of these conditions, the following definitions are applied. All the terms used in a singular form is valid even if they are used in the plural and vice versa:
- ”Volunteer Account” Indicates the profile created by a Volunteer user at the moment of the registration into the platform;
- ”Organisation Account” Indicates the profile created by an Organisation user at the moment of the registration into the platform.
- ”Volunteer” Indicates the Authenticated Profile of the Volunteer and its active exercise or any other operation that subscribes to the site and platform product and distributes its aggregated content and activities from the No Profit Challenge.
- ”Organisation” Indicates the Authenticated Profile of the Organisation and its active exercise or any other operation that subscribes to the site and platform product and distributes its aggregated content and activities from the No Profit Challenge.
- ”LOGIN Area” Indicates that platform area where the user can access (Volunteer or Organisation).
- ”Badge” Indicates the identifying element of the different categories of competence, signed at the time of user registration as “to be developed” or "to offer”. Each volunteer inserts some competence to develop; the NPC system will ensure that the achievement of the predetermined hours for the competency to be developed, the icon that distinguishes it, is subject to change.
- ”Impact Report” The impact report is the multimedia content that the organisation has an obligation to publish within 72h from the date of the conclusion of the activity.
- ”Impact portfolio” The impact portfolio is the collection of multimedia content that the organisation has released to the volunteer within 72h from the date of the conclusion of the activity.
- ”Rankings” The rankings represent a section of the platform where is possible to visualise:
- The ranking of the most active organisations: That is, effective total hours of Opportunities completed (and confirmed).
- The ranking of the most active volunteers: That is, effective total hours (and confirmed) for the participation of the proposed activities;
- The ranking (volunteers) for each competency: volunteers in order of effective hours (and confirmed) and levels reached for the development of each competency.
- The ranking (organisations) for each competency: organisations in order of effective hours offered for the development of each competency.
- The ranking (volunteers) for each cause: volunteers in order of effective hours (and confirmed) per activity for every single cause.
- The ranking (organisations) for each cause: organisations in order of effective hours (and confirmed) per activity for every single cause.
- The ranking (organisations) with the arithmetic average of feedback of the highest activity.
The ranking is filtered by geographic location, by using the information entered at the time of the registration (PostCode and Addresses).
”Contents” indicates all the contents that NPC makes available through the web-site or the web-app (in the form of text, graphic, images, audio, video etc..) included any Licensed content from third parties, with the exception of the contents of the members.
- ”User Contents” indicates every single information in the form of text, images, audio recording and/or video or any other technically available form published by Users (Volunteers or Organisations) on the platform.
- ”Login credentials” indicates the user ID and password chosen by the user (“Volunteers” and “Organisation” and “Network” Account) at the moment of the registration on the platform.
- ”Experience” indicates the activity chosen by the Guest among the ads advertised by the Local Friend.
- ”Network User” Indicates at the all effect groups of Organisations (subgroups of Network) which have the peculiar characteristic of register multiple Organisation profiles (endless). The network user register as organisation user and “Promoted Network” by an admin from the platform administration panel. The network has a page where they can monitor data and statistics of the organisations registered by the network.
- ”Admin User” admin users are the admin's users of the platform, they have the possibility to visualise and manage every data of the platform and also the possibility impersonates users (organisations, volunteers and network). This typology of users is the one with the highest level of permissions.
- ”Geckosoft” indicates Geckosoft Srl, with registered office in Via Giovanni Bovio 11, 56126 Pisa, P.IVA 02208570503
- ”Partner ” indicates the partners of “No profit Challenge”.
- ”Service” indicates the license to use, in a non-exclusive license of the online platform of NPC which allows “Volunteers” profiles, ”Organisations” profiles, ”Admin User” profile and “Network Users” to publish activities and the “Volunteer” profile to take part of the activity. The Service is provided through the platform.
- ”Duration” indicates the time estimated by the “Organisation” profile to perform every single activity.
2. PLATFORM AND SERVICE OPERATION
NPC makes available the service that includes an online platform with relevant technology exclusively intended to facilitate the interaction between Users for creating and booking activities in volunteering.
It is possible to visualise Activity Announcements as an unregistered visitor to the platform. However, if you want to participate in an activity, you must register as User. The participation in the Service presupposes the association with registered accounts. Only the Users who have been enabled for this feature of the Service by the NPC can create Activities, as defined by the No Profit Challenge modality.
The Platform and the Service are intended for people over 16 years old and for private and non-professional use. For some features of the Platform and the Service has required the creations of Credentials, which are meant to be secret, private, personal and not transferable to third parties.
By registering, the users have the obligation to (i) provide true and complete data and keep them up to date; (ii) diligently guard User ID and Password and prevent it from being used by unauthorised third parties; (iii) promptly notify NPC if third parties become aware of the Credentials or use them; (iv) Hold harmless NPC from any consequences may result from the violation of the preceding points.
NPC has the right to do not activate or suspend a User’s account whenever it considers, at its sole discretion, that from the behaviour may result in an injury to NPC or to third parties.
It is possible to register by logging into the Platform with your third party social network account (hereafter “Third parts Account”). As an integral part of the Platform and the Service functionality, It is possible to link your NPC Account to Third Parts account in one of the following method :(I)by providing to your Third Parts account with NPC login data via the platform or the Services; or (ii)by allowing NPC to access to your Third Parts account in accordance with the terms and conditions applicable to the use of each Third Parts Account and without requiring NPC to pay any commission or make it subject to any limit usage imposed by that Third Parts service. By allowing NPC to any Third Parts account, the User understands and agrees that NPC will access, make available and store (if applicable) any User Content provided and filed in its Third Parts account (“User Content of Third Parts) in a way that will be available on the Platform and Services and it will be considered to be the same as the User Contents under these Terms.
4.ANNOUNCEMENTS AND ABSENCE OF APPROVAL
Through the functionality of the Platform:
- (i) The “Organisation” and “Network User” create Activities and Services Announcements of the platform, composed with a detailed description of the Activities and Services that makes available for the Volunteers and their duration.
The user understands that NPC does preventive verification on the Activities.
5. TRANSACTIONS AND FINANCIAL TERMS
5.1 Reservation of the NPC Activity or Service
- The Volunteer selects the Activity announcement to which intends to participate.
- The Volunteer apply for volunteering proposals already on the platform
- The Volunteer will be able at this stage to get in touch with the organisation profiles (send messages addressed to the organisation's mailbox)
- At the end of the Activity, the Impact Report created by the organisation will be automatically visualised as record (association name, Activity title, date and location, causes and competencies developed) in the Volunteer profile and will be easily downloaded by the volunteer in PDF format (A kind of certificate)
The users agree that NPC will act as responsible for any payments for the sole purpose of accepting payments from the Organisation Account on behalf of and on behalf of the service provider; Any registration fee and the payment obligation of the Organisation Account will be notified upon registration.
The payment of the Authorised Total price already authorised by the “Organisation” Account with the sending of the renewal license request is processed by the NPC or by the third parts that processing payments. Upon receipt of the Total Price Credit, NPC will notify the “Organisation” account of the transaction.
5.3 Financial Discount
NPC can offer a discount to its users in the form of credits that can be used within the platform.
5.4 Cancellations and Refunds
If the “Organisation” Account terminates its registration before it is confirmed by NPC, no costs will be charged to the Users.
If the “Organisation” Account wishes to cancel an already completed transaction, the Cancellation and Refund policy to refer will be the one contained in the Ad, in Terms of the Experience.
In some circumstances, NPC can decide, at its exclusive discretion, that it is necessary or desirable cancel a registration made it through the Platform and the Service. NPC may also decide, at its exclusive discretion, to refund to the “Organisation” Account some of the expense incurred, ss provided by the Refund policy to the Guest, available at:
6. USE OF SERVICES AND PLATFORM: USER'S DECLARATIONS AND OBLIGATIONS
The User is the only and exclusively responsible for using the Platform and the Service and are bound to use them, with caution that are not used by third parts, in such a way that do not cause any disturbance or harm third parts and in any case harm the rights of third parts in violation of the law or the Terms and Conditions, assuming any consequent liability in this matter and commit to declare NPC unharmed from any claim to that effect.
In case NPC finds a use of the Platform or the Service contrary to the applicable law or the Terms and Conditions, or in the event of notification by the Public Authority or third party, NPC may, at its sole discretion, take any action used to limiting prejudicial consequences, including suspension/cancellation of the User Account, subject to NPC’s right to invoke the resolution pursuant to art. 1456 of the Italian Civil Code and to claim indemnity for the most damage.
In the use the Platform and the Service, all Account types commit to not:
- Collecting and/or sharing personal data of others;
- Hide your identity or attribute the identity of a member of the NPC team;
- Carry out activities of propaganda, sponsorship, advertising or that have endings, even indirectly, professional commercial;
- Spreading viruses or other files that may cause damage or limit the operation of Services or Third Party Software and Hardware.
- Cause prejudicial actions to the third party or other Users.
7. EXCLUSION OF LIABILITY
Unless explicitly stated otherwise on the platform, NPC’s responsibilities are limited to: (i) making the Platform and the Service available and (ii) acting as Paying Manager for each “Organisation” Account.
NPC is a platform of mere facilitation of the meeting between demand and supply of Activities where Users Virtually Meet to make Volunteering events. NPC does not, therefore, assume the role of agent or intermediary, nor has any responsibility for fulfilling the obligations assumed by Users through the Platform and the Service, since it only provides the Service without being a part of communications between the two parts.
NPC does not verify the veracity of the information provide byUsers for the registration, but does so for the Activity. Therefore, the User is solely responsible for establishing the identity of the other Users and the Eligibility of the Activities to which it accessed through the Website.NPC will not be responsible for any damage or prejudice resulting from Users interactions, including, merely exemplifying, the obligations arising from the communications, the prejudices resulting from the non-compliance of the Activity agreed or the lack of improvement of the Activity.
Any references on the Platform that a User is “Verified” or “linked” (or similar) only indicates that the User has completed the relevant System Verification Procedure for registration purpose. These indications do not constitute an endorsement, certification or warranty by NPC on any User, on its identity and on its reliability, but exclusively that all fields required as compulsory for registration have been compiled.To finalising transactions, Users undertake to always take diligence and attention in participating and accepting Activities and in general in interactions between Users.
Users are aware that the Service may involve interaction with different Users and that NPC can not control the topics and content published or exchanged.In addition, the NPC declines any responsibility related to Activities and communications through the Platform and the Service, of which it is not a part and can not be held responsible in any way.
NPC does not guarantee that the Platform and the Services are suitable for use by any subject or accessible at any time or in any geographical area, but will use, to the extent reasonably possible, any action that may be useful to maintain the availability of the Platform and its functionality of the Services to the extent provided by these Conditions. NPC expressly excludes any liability for the case where the Services and the Platform malfunctions depend on:
- Unauthorised or incorrect use of them by the User;
- Failure or partial operation of the User’s computer or equipment;
- Internet or phone network malfunctions;
- In general, any event not directly attributable to NPC or their operators;
- Unauthorised access to NPC’s computer system by third parties;
- Causes of force majeure or otherwise not directly dependent on NPC.
The platform may contain links to other Internet websites that are not under NPC control and for whose content NPC is in no way responsible. The publication of these links on the Platform by Users does not involve the approval or endorsement by the NPC of these websites and their content, nor does it imply any form of warranty.
The Platform may host services provided by NPC commercial partner companies, which are therefore not directly or indirectly controlled by NPC and for whose content, sale and execution, NPC is not in any way liable. The publication of those services provided by NPC commercial partners does not involve the approval or endorsement by NPC of these NPC’s commercial partners and the relative content and goodness of the services, nor does it imply any form of guarantee.
8. USER'S CONTENT
The User guarantee that the Contents of the “Volunteer”, “Organisation”, “Network Account”, “Admin Account” from the same published or exchanged through the Platform or the Service:
- Are in the ownership and/or legal capacity;
- Do not affect any third party rights, including industrial/intellectual property rights;
- Do not constitute material against the law, pornographic, offensive, defamatory, hateful, racist or any other form of fanaticism nor related to minors.
The User assumes all responsibility regards of the Content published by the user, obliging itself to keep undamaged NPC from any third party claim in relation to them.
The publication of the User’s content on the platform takes place without any NPC activity or preventive control, so publication does not entail any approval or endorsement.NPC will not be responsible for User’s Content, including those present in the Activities and, merely exemplifying, of their legality, veracity, fairness, respect for other industrial and/or intellectual property rights, and privacy policies. NPC will not be also responsible for any loss or cancellation of the User’s contents.
By publishing User’s Contents on the Platform, the User grants to NPC a non-exclusive, perpetual and free license to use the User’s Contents, including, but not only to, commercial purposes.
9. GUARANTEE AND ASSISTANCE
If the Services are provided free of charge, no warranty of good functioning of the Service is guaranteed and, in the event of a malfunction, nothing is due from NPC to the User.
If the User is using Service by payment the following warranty applies:
a. Ensures that the Service operates in a manner substantially in accordance with what is described in the Conditions;
b. In the event of a serious malfunction (such as impossible to create an Activity) the full responsibility of NPC and the only remedy granted is, at NPC’s sole discretion, the error corrections or the Commission’s repayment for the registration of the NPC “Organisation” Account that does not work;
c. The User loses the right service malfunction warranty if not notified, in the terms of the conditions, within 24 hours of its occurrence.
Except as expressly provided, NPC disclaims all warranties, conditions, undertakings or representations of any kind, express or implied, by law or otherwise, correlated to the Services, or the Platform, including, without limitation, any warranty Or implied condition of merchantability, satisfactory quality, suitability for a specific purpose, compliance or any other usage or commercial conduct.
In some states/jurisdictions, the exclusion of implied warranties is not permittedTherefore, the exclusion mentioned above may not be applicable to the User, which may, therefore, be in possession of other statutory rights that may vary from state to state or for different jurisdictions.
Without limiting the general nature reported above, NPC does not warrant that the Services or Platform will satisfy the User's requirements or that their operation will be uninterrupted or error-free, or that the defects present in the Service or Platform Will be corrected.
10. LIMITATION OF LIABILITY
The User uses the Service and/or the Platform at its own risk.
To the extent permitted by applicable law, in no case shall NPCs or its third party licensors and its suppliers or collaborators be liable to the User or third parties, for direct, indirect, consequential, incidental, special or punitive damages or loss of any kind, including, without the claim of exhaustiveness, termination of activity, loss or corruption of data, whatever the cause and regardless of whether it occurs in contractual or civil lawsuits, including negligence, even in the case of Which NPC has been advised of the possibility of such damages.
If a restriction, exclusion, restriction or other provision contained in these Conditions is considerate to be null and void for any reason by a competent Court and NPCs resulting in such liability for loss or damage whose entity may be legally limited, whether in a contractual, civil or other place, may not exceed the amount of 100.00 euros.
11. DURATION OF RELATIONSHIP AND CANCELLATION
The agreement between the “Organisation" User and NPC for the use of the Service and/or the Platform is for time-limited period, annually, from the moment the registration is approved by NPC.
The User may terminate the Conditions by cancelling your registration at any time or by sending a written notice to NPC by registered letter with acknowledgement of receipt. The communication can also be sent by telegram and e-mail, provided it is confirmed by registered letter with acknowledgement of receipt within the forty-eight hours.
By cancelling the "Organisation" or "Volunteer" User account, NPC is free to delete any Content that may be present on the NPC Platform. It is the User's interest to keep a backup of your Content.
12.1 Release of Conditions
The user can not assign or transfer any of the rights arising from the acceptance of the Conditions without the prior written consent of NPC.
12.2 Complete agreement
These Conditions supersede any previous, both written and verbal, the agreement between the NPC and the User concerning the subject matter of these Conditions.
All the communications to NPC must be made to the address available in the Contact Area.
Communications to the User may be made by NPC:
- By telephone, in accordance with available technology (eg Skype),
- By ordinary mail, at the postal address indicated by the user at registration or later,
- Via email, to the user's email box that is being registered,
- By publishing on the Platform.
The communications published in the Platform are intended to be received by the User’s first useful access in accordance with the NPC procedure that imposes the view.
12.4 Conditions, Law and Competent Court
The present Terms and Conditions and the relationship between NPC and the User are regulated by Italian Law.
If the User is not a consumer accepts the exclusive jurisdiction of Palermo’s Court.
Under these circumstances, Users accept unconditionally that whenever there is no law requiring the use of legal proceedings, disputes concerning the interpretation, validity, execution and termination of these Conditions - except for the default of pecuniary debts payable by an injunction - will be settled according to Arbitration in a ritual and according to law, after resorting to the Arbitral Chamber of Palermo. With reference to the non- fulfilment of pecuniary bonds that can be claimed by an injunction, the competent court will be the one in Palermo.
NPC reserves the right, at its sole discretion, to modify these Conditions, the Platform or to modify the commissions for the Service at any time and without prior notice. The use of the Platform and Services by the User entails the full acceptance of the applicable Terms and Conditions.
The fact that NPC does not require the User to comply strictly with and at all times to the provisions of these Terms and/or not exercise one or more of their rights does not imply the cancellation of such rights or the waiver of the exercise of those from NPC.
If one or more of the terms of these Conditions are or would be contrary to imperative or public policy rules, they will be deemed not to be in force and will not affect the validity of the other Terms of the Conditions.
B) CONDITIONS OF ACTIVITIES
The following are the conditions that regulate the supply of announcements by the Service Provider.
Users undertake to read carefully and accept the Terms and Conditions of Use each time a selection is made.
For the purposes and for the effect of these Terms and Condition of Use of the Activities, the definitions contained in the terms and conditions of service you accept by registering on the Website/Application (defined “Conditions”) apply.
2. Methods of participation
The Volunteer undertakes to participate in the activities according to the modalities and timing specified in the area of the single Activity and the Conditions available on the Platform.
Activities are tools for the Accounts “Organisations” to clearly specify the existence of eventual specific requests that will then be recognised by the “Volunteer” account when the Proposal is used.
3. Conclusion of Activity
None information contained on the Website may be considered as an offer but is an invitation to offer. Activity is deemed to have been completed when the “Volunteer” receives an Impact Report notification from the “Organisation” that has accepted its participation
4. Terms of supply
The “Organisation” Account undertakes to provide the Announcement within agreed terms.
5. Warranty and service
Subject to the statutory provisions on collateral, NPC offers the following guarantees:
- Any inaccuracies or defects in the Activity will be eliminated;
- The activity must be carried out in accordance with Italian law or in any case in the country in which it is carried out.
For any need of assistance, platform Users can contact NPC at the contact details provided by them.
6. Applicable law
This contract is intended to be complete in Italy and subject to Italian law.
C) CONDITIONS FOR VOLUNTEERS
Only the “Volunteers” undertake the use Service, and to not perform toward NPC any professional activities recognised under current legislation during the Activities.
2. "Organisations" acknowledge and agree to be liable for all activities published and declare and guarantee that these (i) will not violate any third party rights, and (ii) comply with all conform and applicable laws.
3. NPC reserves the right, at any time, at its sole discretion and without prior notice, to remove or disable access to any activity for any reason or to suspend/terminate the responsible account.
4. The "Organisations", following the publication of the Platform Activity, undertake to confirm or reject any requests for participation received by other Users within and not more than 72 hours after the request itself (the said term shall commence from the date Which NPC systems record sending the notification to Volunteers).Volunteers are aware that in the absence of any express confirmation or refusal within the above-mentioned time period, the application will automatically be cancelled.
5. When a Participation is requested through the Platform, NPC will share with the "Organisations" (i) the identity of the volunteer who requested the participation,(ii) a link to the profile page.Upon confirmation of the participation in the Activity, NPC will send a confirmation message to "Volunteer" and "Organisation" with the relevant references and contacts.
6.By dispatching the Activities, "Organisation" accounts undertake to comply with the features specified in the accepted reservation request. "Organisation" accounts explicitly exclude NPCs from any claim or request from the Volunteer or third parties in relation to the Activities to the facts or responsibilities arising therefrom.
7. Minimal Quality Standards, Responsibility of “Organization" and “Volunteer" Account. The "Organisation" accounts are unique and the only responsible for the fact that the activities published on the Platform are complete and exhaustive as regards (i) a detailed description of the Activity, estimated duration, security, requirements required to “Volunteers”, the risks, their details (ii) the place and time agreed for the meeting between the parties at the time of participation in the Activity.
“Organisation” accounts undertake to make themselves available through the contact details communicated to the Volunteer with a minimum of advance than the settled time for the Activity.
8. NPC strongly recommends to the "Organization" accounts to make adequate insurance for the Activities.