BEFORE ACCESSING OR USING ANY OF THE SERVICES OR FUNCTIONS OF OUR PLATFORM (DEFINED HEREUNDER),YOUMUST READ THIS GATE CHARITY TERMS ANDCONDITIONS IN ITS ENTIRETY CAREFULLY.
This Terms of Use (“Terms”) applies to all users who uses the services or any functions (“Services”) offered or made available on the website [link] or other relevant webpages, mobile appli cations and APIs (“Platform”) by Gate Charity (“Gate Charity”, “we”, “us”, “our”, or “ours”). By accessing or using any part of the services or functions offered by us, or make any contributions, donations or gifting any of your assets or clicking on “I agree” on any pages of relevant Services or to proceed with donations or gifting, you agree that you have read, fully understood and agreed to and accepted all the terms and conditions contemplated hereof.
Before accessing or using any of the Services provided by us or our Affiliates (meaning the officers, shareholders, parent and subsidiary companies and the entities with whom the Gate Charity is under the same control), you must read these Terms in its entirely carefully as these Terms sets out important provisions such as your obligations, indemnities granted to us and our dis claimers.
1. The Services
Our Services is provided based on blockchain technology with the purposes to benefit others and promote a balanced world, so users may donate, and others such as non-profit organizations, charitable institutions and other similar entities operating welfare, educational or other non-profit projects (each a “Charity”) or campaign may receive donations and gift (“Donations”) in the form of digital assets from time to time through the Platform.
2. Donations and Gift
(a)Please note that Donations may be only made in certain types of digital assets supported and accepted by Gate Charity in its sole discretion from time to time (“Supported Assets”). We may made available a list of the Supported Assets on our Platform from time to time and you shall check such list frequently to ensure that the Donations you made can be accepted.
(b) Please also note that your Donations made through our Platform may only be made to organizations, trustees, private or public foundations or relevant non-profit projects recognized as charities by their government under applicable laws and so selected byus by meeting our charity selection criteria. We reserve the sole and exclusive right to disallow donations to non-qualified organizations or to terrorist-supporting organizations.
(c)By making the Donations, you hereby agree to give to Gate Charity (for the non-profit projects operated by us) (“Gate Project”) and the Charities (for all other projects not initiated and/or operated by us), as a charitable gift, the digital assets (including cryptocurrencies and/or non-fungible tokens) in the form, amount and value selected by you.
3. Representations and warranties
You represent, warrant, agree and undertake that:
(a) you are at least 18 years old;
(d) you have full capacity and authority and have obtained (and will maintain) and are in compliance with all necessary authorisations, consents, licenses or approvals (whether under applicable laws or otherwise) required to:
(i)accept and agree to the terms and conditions of these Terms;
(ii)use and receive the Services; and
(iii) make any Donations;
(e) you have made your own independent decisions to accept the Terms and make the Donations. You are not relying on any communication (whether written or oral) from us as inducement or as a recommendation or professional advice of any kind to enter into any transactions regarding the Charities or Gate Projects including making the Donations;
(f) you have read and understood all the terms and conditions contemplated hereof and on relevant pages of our Platform and accept the conditions and limitations for each and every service available to you in connection with the Donations;
(g) you do not reside in a region where you are not permitted to make Donations via the Supported Assets;
(h) except for the Gate Projects, you understand that we are a blockchain technology platform provider and therefore we shall not be responsible for the use of your Dona tions or any amount of funds raised from the Donations (whether from you or any other persons) for any Charities. It is your responsibility to understand how your Do nations will be used and we do not warrant that your Donations will be used for any particular purpose. We are not responsible for any offers or promises made by a Char ity in exchange for Donations. Additionally, we are not and will not be responsible for ensuring that information (including credentials) a Charity provides is accurate or up to-date;
(i)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;
(j)for those projects which are not Gate Projects, you understand that we do not take control of the use of the donated assets, and thus certain information of yours will be passed on to Charity so that Charity may be able to provide adequate donation sub-stantiation. You acknowledge and agree that, your personal information will be shared with the Charity in accordance with applicable laws and our Privacy Policy (accessible at [link]);
(k)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 you purport to direct the use of Donations by a Charity, any such directions shall constitute non-binding recommendations only and we have no role in the relationship between you and the Charity and therefore we cannot control the actions of Charity;
(l) we do not and will not accept assumption of any obligations and duties inherent in or arising out of your Donations and you;
(m)the assets donated and gifted by you the subject of the Donations are not subject to any encumbrances and you have and enjoy the full, benefit, rights and interest over such assets. Making the Donations does not violate any applicable laws or regulations or interfere or affect any arrangements or agreements between you and other per-sons;
(n) you must seek your own professional advice in terms of tax consequences arising out of your Donations – we make no advice, representations, statements, opinion or ad-vice as to whether all or any portion of your Donations are tax deductible or eligible for tax credits. You will be solely responsible for any tax consequences resulting from the Donations and we will have no liability for any claim by any federal, state, local or any other tax authority with respect to any Donations made by you;
(o) third parties such as the Charities may link stories or otherwise about their project on the Platform. We shall under no circumstances be held responsible or liable for that information (including the accuracy, completeness, truth and timeliness) provided by such third party;
(p) Gate Charity 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;
(q)Gate Charity does not represent or warrant that:
(i)you will be able to access or use the Platform and/or the Service at the times or locations of your choosing;
(ii)that operation of the Platform or the Service will be uninterrupted, timely, secure or error-free;
(iii) your use of the Platform or the Service will meet your requirements;
(iv) defects in the operation of the Platform or the Service will be corrected; or
(v)the Platform or the Service is free of viruses or other harmful components;
(r)all information and/or documents provided by you to us in connection with the Dona-tions are true, accurate, complete and not misleading in any and all respects; and
(s)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 down loading or obtaining such material.
4. Indemnities
You agree that Gate Charity shall, to the maximum extent permitted by applicable laws, under no circumstances be held liable or accountable for, and you shall, in addition and without prejudice to any other right or remedy of Gate under the applicable laws or other-wise, at all times indemnify, keep indemnified, and hold Gate Charity and any of its directors, officers, employees, service providers, agents and Affiliates harmless from and against any and all loss suffered or incurred by Gate Charity which arises (whether directly or indirectly) out of, in the course of or in connection with:
(a) any breach of terms or any failure by you to comply with any provision of these Terms or applicable laws;
(b) any breach of warranties and representations you made hereof;
(c)Gate Charity acting in accordance with your instructions or in any manner permitted under these Terms; and
(d) any act or thing done or caused to be done by us in connection with or referable to these Terms or your Donations.
5. Personal Information
Gate Charity may capture personal information including but not limited to your name, title, wallet address and email address (“Personal Information”) at all times in accordance with local privacy laws and regulatory requirements as amended from time to time, including such laws and regulatory requirements applicable in the territory where donors such as you access the Platform ("Local Privacy Laws"), and protect and secure such information. You should refer to the Gate Charity Privacy Policy (accessible here) for more details of how Gate Charity processes Personal Information.
6. Dispute Resolution
Whether or not this Terms has been terminated, neither party will take legal proceedings for the enforcement of its terms or of any rights arising under it, without first having taken pos-itive steps to resolve the matter by negotiation, mediation or other informal method of dis-pute resolution not involving publicity. You further agree to waive any of your 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 consoli-dating individual arbitrations into a single arbitration is not permitted without the consent of us.
7. Miscellaneous
(a)Non-Waiver. Unless expressly agreed in writing by the applicable party, neither the failure of nor any delay by us to this Agreement to enforce any right hereunder or to demand compliance with its terms is a waiver of any right hereunder. No action taken pursuant to these Terms on one or more occasions is a waiver of any right hereunder or constitutes a course of dealing that modifies the Terms.
(b) Waivers. No waiver of any right or remedy under the Terms shall be binding on any party unless it is in writing and is signed by the party to be affected. No such waiver of any right or remedy under any term of the Terms shall in any event be deemed to apply to any subsequent default under the same or any other term contained herein.
(c) Third Parties. Nothing herein expressed or implied is intended or shall be construed to give any person other than the parties hereto any rights or remedies under the Terms.
(d) Severability. If any portion of these Terms is held invalid or unenforceable, such inva-lidity 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.
(e)Assignment. You may not assign or transfer any right 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.
class="p_span"(f) Translation. We may in its sole and absolute discretion translate these Terms into a language other than the English language. You agree that any such translation shall be for your convenience and reference only and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.
(g) Amendment. We reserve the right to alter, revise, modify, and/or amend these Terms and any features of the Services at any time in its discretion. Any such amendments will take effect immediately upon being published on the Platform. It is your responsi-bility to regularly check relevant pages on the Platform to confirm the latest version of these Terms. Your continued access and use of the Platform and the Services and act of making Donations following any amendments to these Terms shall indicate your acceptance of such amendments. If you do not agree to any such amendments, you should immediately terminate your usage of Services and cease access and exit the Platform.
(h) Governing Law. The terms and conditions of this Terms are governed by the laws of Republic of Panama. In the event of any disputes arising from this Terms and your use of our Platform and Services (Dispute ), you must first contact us at [email] re-garding your concern and use your best endeavours to amicably settle any dispute in good faith. We on our part will also use our best endeavours to amicably settle your concerns in good faith. However, if no amicable resolution is reached within thirty (30) days, such Dispute shall be referred to and finally resolved by arbitration in Panama to the exclusion of the ordinary courts, in accordance with the Arbitration Rules of the International Chamber of Commerce for the time being in force which rules are deemed to be incorporated by reference in this Clause. The seat of arbitration shall be Panama. The arbitration tribunal shall consist of one arbitrator. The language of the arbitration shall be in English.