Terms and Conditions of CharityStars
The following Terms and Conditions govern the Users use of this site. By using the CharityStars website, one is accepting and agreeing to be bound by the Terms and Conditions expressed in the following contract. If the User does not agree to these Terms and Conditions, they may not access or otherwise use this Site.
Terms and Conditions - General
- Registration eligibility. This Site, together with all content (including User Content), data and other materials contained in the Site (“Content”) is owned or controlled by VIP4AID Limited, a company registered in England with its registered office at Birchim Court, 20 Birchim Lane, London, EC3V 9DJ, United Kingdom. VIP4AID Limited is referred to in these terms and conditions as CharityStars. In registering with CharityStars, the User is forming a contract with the Site. By registering, the User is declaring to be of legal age and that that they are using the CharityStars platform outside their work realm. Please note that the User is legally required to be of 13 years of age or older, and age restrictions may vary according to the prize. In the majority of instances where the winner is under 18 years of age, they will have to be accompanied by an adult. In registering, the User is consenting to CharityStars using photos and camera footage of their participation in experiences and events. The User is consenting to these being used worldwide and without limitation rights, (in full or edited or amalgamated form) online and/or television broadcast, for media purposes.
- Passwords. You agree that you will be responsible to CharityStars and to others for all activity that occurs under your registration account. By registering the User has agreed to keep their password secure and confidential. Users are prohibited from aiding or assisting anyone who is not registered with CharityStars to gain access to any secured areas of the Site, create additional registration accounts for the purpose of abusing the functionality of the Site, or other Users, or to seek to pass yourself off as another User. If a User is concerned about the security of their account, they should email firstname.lastname@example.org immediately. The CharityStars team will ensure the account is shutdown immediately until the issues of security are resolved.
- Content ownership. CharityStars owns all intellectual property that is projected on the Site, unless otherwise stated. The User is not permitted to extract, re-utilise or distribute any of the content on the Site (this includes storing it in any medium). The content on the Site is subject to UK national and local law; so only what is legally and expressly allowed may be used. The Site and the Content are for the User’s personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense or for any commercial or partly commercial re-sale or other use.
- Site Content. Please note that whilst CharityStars aims to ensure that all information is accurate and current, it will be subject to change and therefore CharityStars cannot be held accountable for inaccuracies and discrepancies. All Content is provided without any representations or warranties of any kind (implied or expressed) to the fullest extent permitted by applicable law. The Site is intended only for the purposes specified on the Site, and use of the Site and/or all Content contained within the Site (Content) is entirely at the Users own risk. CharityStars does not state that the Content will be without limitation viruses or other harmful elements. Certain Content may become temporarily unavailable due to outages or other problems.
- Disagreeable Material. If the User encounters or becomes aware of objectionable or unlawful content posted anywhere on the Site, please immediately report such material to email@example.com.
- The Users use of the Site. In registering the User has entered a contract in which they have agreed not to use the Site or any of the Content for the solicitation of business or in connection with a commercial enterprise, not to solicit, for commercial purposes any other Users with respect to their submitted material, and not to access any Content on the Site for any reason other than their personal, non-commercial use solely via the normal functionality of the Site.
- Submission of material. All material uploaded to the Site (including written comments), the User is agreeing that it can be used worldwide, with a non-exclusive license. The User is granting the Site use of this material for any other third-party platforms, media channels and/or distribution or performance methods. The User is hereby waiving their moral rights for the purpose of this licence. CharityStars reserves the right to cut, edit, crop or arrange the Users material as necessary for purposes related to the Site, and to remove the material at any time.
- Refunds and Credits. In cases where a donation is not accepted or honoured, a returned payment fee will be charged to the User to cover the administration costs of CharityStars. In specific cases, CharityStars reserves the right to block a User access to their account and/or to withhold any outstanding deliveries until payment in full of all applicable invoices is received.
- Termination of General Terms and Conditions Agreement. CharityStars maintains the right to terminate this contract if they feel it is no longer commercially viable, if they are legally required to or if a User is believed to have breached this agreement.
- Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
- Liability. Under this agreement, Users are limited to the amount they have actually paid to CharityStars for its products or services during the (3) months immediately prior to the notification to the holder on a claim they wished to make. CharityStars shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of the Users practice on the Site or in relation to the goods and/or services that the Holder provides. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of CharityStars.
- Disclaimer. The User agrees and accepts that CharityStars shall not be liable for any change, suspension or interruption to the Site or the service. The User has no legal right to receive any refund unless the Site is closed and unavailable for a continuous period of more than twelve months. CharityStars provides no warranty, due to unforeseen and external factors that may be out of CharityStars control. Technical issues during the Prize Draw, which affect the Site and Draw, may result in CharityStars stopping the timer and pausing the sales of Prize Draw tickets, until the problem has been resolved. All services and contents on the CharityStars Site are provided without representation or warranties of any kind, to the fullest extent permitted by applicable laws. In addition, we do not represent or warrant that the Site or its contents will be free of defects, including without limitation viruses or other harmful elements.
- Hacking. In accessing the Site, the User has agreed not to undertake or attempt to interfere with the Prize Draw. This includes attempting to damage, hack, crack, deny service to, or collectively ‘interfere’ with the Site. Users have agreed to pay damages if they participate in any of the above behaviours. CharityStars will not hesitate to involve the authorities and they will actively work with them, in prosecuting any Users who participate in these prohibited activities. CharityStars reserves the right to deny access or service to any User for any reason, at any time. CharityStars may take any action they deem appropriate, with respect to violation and enforcements of the terms of this agreement. The holder expressly reserves all rights and remedies available to them at law or in equity.
- Indemnity. Any loss or damages that CharityStars may incur as a direct result of a User, that User having agreed to indemnify the Holder for limitation legal fees, arising from any breach by User of any warranty herein or User's misuse of any material or information obtained through the Site, is legally responsible. The User has further undertaken to indemnify CharityStars for all loss or damage incurred by CharityStars in relation to any third party claim against CharityStars for infringement of intellectual property rights arising in relation to any unauthorised or improper use of the Site or content.
- Trade Marks. All service names and brands, including products, appearing on the Site including, without limitation ‘CharityStars’, are the trademarks or trade names of CharityStars or its trading partners unless otherwise stated. Users may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines without the prior written permission of CharityStars.
- No Partnerships. The User has agreed not to use the Site to create partnerships, professional relationships or attract clients.
- No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this agreement shall operate as a waiver of any breach of the same or any other provision of this agreement.
- Severance. If any element of this agreement was found invalid in a Court of Law, all remaining portions or provisions within the document would remain valid.
- Variation. The User has accepted that this document may be altered and updated at points. The amendments will be active from the date and time at which they are posted on the Site. Acceptance of this is validated by a Users continuation to use their CharityStars account and the services provided.
- Law and Jurisdiction. This document is subject to the laws of England and Wales. It shall be governed by these, and any disputes that this document causes shall be subject to the jurisdiction of the English Courts.
Terms and Conditions - Sweepstakes
- Prize Draws. On occasion CharityStars uses the Prize Draw on the Site. This Agreement, and where relevant any specific Prize Draw, is void if prohibited. CharityStars employees are prohibited from entering the Prize Draws. By entering the Prize Draw, the User is confirming that all the personal information they entered on registration is accurate, current and complete. Any User who has not supplied the correct or relevant information may be disqualified from the Prize Draw. CharityStars maintains the right to disqualify a User if there are reasonable grounds to support fraudulence, inaccuracies or discrepancies in the information the User has supplied. Rules for entry to each Prize Draw are posted on the Site on the relevant webpage and may vary according to each Prize Draw.
- Prize Draw entry. CharityStars provides clear instructions on how to enter a Prize Draw, the User should follow the instructions posted in the relevant Official Rules for Prize Draw within the Site. The User may enter as many times as he/she wishes and when the deadline or maximum number of entries is reached, the Prize Draw will close. CharityStars reserves the right to change, cancel or suspend any Prize Draw without specifying reason, or to change these terms and conditions by notice on the Site (effective from the date and time of posting). Additionally if a Prize Draw does not meet a fundraising target, CharityStars reserves the right to cancel a Prize Draw and all donations will be refunded on request. The User may enter a Prize Draw as many times as they wish, though CharityStars reserves the right in our absolute discretion to restrict the number of such entries in which you may participate or win.
- Free Prize Draw. Please note that this is a Free Prize Draw and no purchase is necessary in order to enter. Whilst a User may make a donation using an approved debit or credit card, or any other approved payment methods, alternatively, a User may also enter a Prize Draw by completing and posting the free entry form, which can be found in the Official Rules of each Prize Draw. CharityStars will accept only copy document, as originals cannot be returned. Entries sent by post must be received by CharityStars before the closing date and at the address specified in the Official Rules. It is the responsibility of the User to ensure delivery information and postage is correct. Entries must not be sent through agents, third parties or otherwise on the Entrant's behalf unless otherwise provided in the Prize Rules. Any entries which are above the maximum number of entries for the relevant method of entry, or which are incomplete or received after applicable deadline, will not be valid. Bulk entries are void and cannot be accepted.
- Prizes. A successful winner may be required to confirm their identity by sending a certified copy of their passport before a prize will be delivered or executed. Additionally, CharityStars reserves the right to ask winners to provide a personal photograph of which CharityStars can use for promotional purposes. CharityStars is permitted to substitute a payment of a reasonable amount of cash in lieu of any prize. Results of each Prize Draw will be posted on the Site following the closing date of the relevant Prize Draw.
- Selection of Winner. CharityStars uses a random number generator to determine each winner of the Prize Draw. In each case, CharityStars determinations on the competition will be final and no correspondence will be entered into. The winner will be notified via email, at which point CharityStars will enter a contract with the Winner (and shall include the terms made available via the Site for the relevant Prize Draw and any further terms reasonably determined by CharityStars and notified to Users in accordance with this Agreement). Additional information, if required, the winner shall have (30) days (or other date as set out in the applicable Prize Rules) to respond in full to the notification email with the additional information or an alternative winner may be selected. CharityStars are not responsible for winners who are unable to claim their prizes, failure to claim a prize within the given time period, may result in disqualification or selection of an alternative winner. If the Prize Draw offers the opportunity for the Winner to bring a guest, the necessary information for this guest must be provided on request. CharityStars reserves the right to disqualify any proposed guests.
- Prize Experience. Where relevant, in entering the Prize Draw, the User is confirming that they are available for travel or specific dates that will be stated in the description. If a circumstance arose where a prize became unavailable before or after the relevant Prize Draw has ended, CharityStars reserves the right to change or remove this. Entrants will be notified to have funds credited back to their accounts or we may substitute a cash prize. All goods and/or services won in any Prize Draw are non-negotiable and non-refundable and have a cash value of no more than the sum posted on the relevant page of the Site (if any) or as determined by CharityStars in its reasonable discretion. CharityStars could at any time substitute any such rights or goods with different rights or goods of similar and/or reasonable value. The rights and/or good(s) on offer shall be awarded by CharityStars subject to availability. Please note that (where applicable) all taxes and insurances and/or other expenses are the sole responsibility of the winner(s). The terms and conditions of any related third-party supplier or suppliers may apply and must be accepted by the winner. Where applicable, prizes will include regular/economy travel only from within the relevant country to the location of the Prize.
Terms and Conditions - Online Auctions
Products belonging to or made available by VIPs are put up for auction with an indication of a minimum price (Reserve Price).
The registered User may bid on any active auction with an incremental minimum value that is defined each and every time and is indicated under the corresponding item. By clicking on the “Bid” button, the User consents irrevocably to purchasing the product. The User is obligated to remit the sum within 72 hours from the closing of the auction. The price of the product is calculated based on the User’s bids and on the indicated shipping fees (Price).
A User may also decide to establish a maximum bid to win the Product. Where enabled, ("maximum bid") will ensure the system itself, will proceed to automatically raise the bet of the User up to the value set for the maximum bid.
Bids are valid until the auction has been closed and the User receives an e-mail confirmation following every bid made.Bets received within the last 120 seconds of the auction closing have the effect of extending the auction timer by 2 minutes. The new final date of the auction will be indicated on the Site.
The sale is considered final and in favor of the bidder who has placed the highest bid.
The User is notified of the purchase via e-mail, at the address indicated when registering, within 2 hours. This e-mail contains the characteristics of the product, the price and the name of the non-profit organization that will receive the funds from the sales.
Payment can be made via credit card, paypal, bank transfer and 1app8 coordinates, this will be indicated in the email after winning the auction.
Upon receipt of payment, the Product, in the case of tangible property, is shipped within 5 working days of the auction closing, to the address provided by you at registration.
Costs related to the Auction
The sale takes place between private individuals outside of their work and is not therefore, subject to VAT. The shipping of the Products is the sole responsibility of the User and this is made clear at the point of bidding. These costs may vary depending on the size of the Product and the country of destination. Any fees and taxes related to the sale of the Product are the sole responsibility of the User and are included in the final payment. In addition to the price of the Product, the User shall pay to the Holder, an amount equal to 10 Euros, for expenses. The proceeds from the sale of the product are fully paid to the Holder on behalf of the VIP and the Non Profit Organization indicated, unless any additional costs were incurred. In which case, these will be highlighted in the "How it works" for each auction.
User non-fulfilment and contract dissolution
The User is contractually required to pay the price of the Product purchased on the value of the award (auction final price) within 72 hours from the end of the auction.
In the case of non-payment within 72 hours after the close of the auction, unless otherwise agreed with owner, the owner may charge the User a penalty, of a sum equal to 50 % of the value of the final auction price of the Product. This charge will be executed by the Holder, using the details of the credit card provided by the User at registration on CharityStars. The User will be notified via email before the withdrawal of the penalty sum.
Following payment of the penalty, the User can decide whether to pay the remaining amount of the value of the award and receive the Product.
If instead the User decides not to proceed with the additional payment, the Holder will determine the legal termination of the contract between the VIP and User and will offer the Product to the User who has offered the second highest bid.
Live Event Auctions
The auctions involving the gala dinners (Auctions with Gala Dinner) allows the User that placed the highest bid within the end of the duration period of the online auction (the first auction) to obtain the right to participate in person to an additional physical auction (the second auction) to win the Product that is being held during a gala dinner organized by the non profit Entity or the delegated person. The online User will participate in the second auction either by telephone, by communicating their bets directly to an employee of the owner, or by following the course of the second auction stream and making their bets online. The online User who wins the first auction will receive an email containing the auction rules with participation by telephone, the User will have to respond by confirming their readiness to take part in the second auction. In the case of Auctions with a Gala Dinner (second auction), the sale will be considered completed only in favour of the party who won this auction. The winner of the first auction is only entitled to participate in the second auction, if they were the winning bidder in the first auction.
Fixed Price Sales
The Users may purchase single products or small lots of products from a VIP, without an auction but through a fixed price.
The characteristics of the Product are indicated in the specific data sheet.
The purchase is considered final when the User receives the email that the payment has been made and the product is being shipped.
Users can contribute to the fundraising for CharityStars non-profit partners through small monetary donations carried out through the CharityStars crowdfunding platform.
Donations can be made by credit card or paypal.
After receiving the donation, the non-profit organization will then send a statement that the donation has been made.
Guarantees and Refunds
Sales, either through auctions or fixed prices with privates are made with the clause “as is” or “without warranty” since no explicit or implicit warranty is provided by the VIP to the user in relation to the quality of the product, whether it be a material good or a service that the VIP commits to carrying out as indicated by art. 1490 of the civil code.
The User may not recede from the purchase or from the shipment of the product or the service provided by the VIP.
Recession and closure of the user account
Registered Users may cancel or suspend their account at any time, through the CharityStars interface or by contacting the Owner.
The Owner reserves the right to suspend or close the User’s account at any time should the present terms be violated.
The User agrees to indemnify and hold the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from any claim or demand, including reasonable lawyer fees, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
The User agrees to indemnify the Holder from all claims or damages resulting or otherwise arising from the failure to pay the price of the goods at auction under these Terms.
- reverse engineer, decompile, disassemble, modify or create derivative jobs based on CharityStars or any portion of it;
- circumvent any technology used by CharityStars or its licensors to protect content accessible through it;
- copy, store, edit, change, prepare any derivative job or alter in any way, any of the content provided by CharityStars;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of CharityStars or of its content;
- rent, lease or sublicense CharityStars;
- use CharityStars in any other improper way that may violate these Terms in an inappropriate way so as to violate the present Terms.
All CharityStars trademarks, nominal or figurative, and all other marks, trade names, service marks, illustrations, images, or logos that appear regarding CharityStars are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
Modification to the present Terms
The Owner reserves the right to modify the present Terms at any time, informing the Users by publishing a notice on the ChartyStars website.
Users who continue using the CharityStars website following the modifications, accept the new Terms without reserve.
Assignation of contract
The Owner reserves the right to assign, dispose of by novation or subcontract all or any of the rights or obligations under these Terms, provided that the User’s rights are not affected. Users may not transfer or assign in any way their rights or obligations under these Terms without a written authorization from the Owner.
Any communications have to be sent to CharityStars through the contact information function.