The Time Donors WEBSITE TERMS OF SERVICE
Updated: September 11, 2018
Welcome to The Time Donors! Our Terms of Service have been updated.
You may be accessing and using the website www.TheTimeDonors.com as (i) a Buyer, (ii) a Time Donor Individual, (iii) a Time Donor Company or (iv) a member of the general public simply using the functionality, including the content, that is publicly available on the website. Throughout these Terms “you” or “your” may refer as applicable to the Buyer, Time Donors Individual or Time Donor Company accessing or using any of our Services (each the "User").
Therefore, please, read these Terms of Service carefully before using the Website and/or Services. If you do not accept these Terms of Service, please, do not use the Website and do not click “Sign in” or do not use the Services otherwise.
1. GENERAL INFORMATION
1.1. Terms of Service
The use of the Services of The Time Donors is subject to these Terms of Service and any other rules or policies that are published on the website www.TheTimeDonors.com.
You agree that by using Services (as defined below), you are unconditionally accepting these Terms, on your own behalf and, if you are a representative, on behalf of the person represented by you, that uses our Services.
1.2. Definitions of the Main Terms
Other terms are defined in relevant sections of these Terms.
1.3 Services of TheTimeDonors. Our Platform.
The Services of the TheTimeDonors constitute a technology platform that enables Users of the Website and related TheTimeDonors mobile device application to (i) seek coaching, mentoring and consulting services and materials and select Time Donor(s) who provide mentoring, coaching and consultancy services and materials to Buyers, which requested these services through the Platform, (ii) to assist Time Donors to use their knowledge and experience for pro-bono activities, to educate and advise Buyers and donate their hourly fees to Beneficiaries; (iii) connect Buyers with Beneficiary(ies) for transfer of 100% of monetary donation raised on the Platform.
You understand and agree that you assume all risks when using the Services, including without limitation any and all of the risks associated with any online or offline interactions with other Users.
YOU ACKNOWLEDGE THAT THETIMEDONORS DOES NOT PROVIDE CONSULTING, COACHING, EDUCATING OR TRAINING SERVICES OFFERED BY INDIVIDUAL TIME DONORS AND THAT ALL SUCH CONSULTING, COACHING, EDUCATING AND TRAINING SERVICES ARE PROVIDED BY INDEPENDENT TIME DONORS WHO ARE NOT EMPLOYED BY THETIMEDONORS.
While we act in good faith and use reasonable efforts to confirm that each Time Donor on our Website is a professional, we are not able to provide any assurances regarding the trustworthiness of a particular Time Donor and the information s/he provides to you through our Platform upon your request. While we act in good faith and use reasonable efforts to confirm that each User on our website is a real person, we are not able to provide any assurances regarding the trustworthiness of Users. When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons in your daily life. Neither TheTimeDonors nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any User of the Services of TheTimeDonors.
1.3. Amendments to these Terms
2.1. Services Eligibility
TheTimeDonors Services are available only to, and may only be used by, individuals who are at least 18 years old (or the equivalent age of majority in your country of citizenship/residence) and who can form legally binding contracts under applicable law.
2.2. Consumer reporting
TheTimeDonors may utilize third-party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications (“Consumer reports”). TheTimeDonors does not endorse or make any representations or warranties regarding the reliability of such Consumer reports or the accuracy, timeliness or completeness of any information in the Consumer reports. TheTimeDonors does not independently verify information in the Consumer reports.
You hereby consent to TheTimeDonors collecting, using and disclosing the information in the Consumer reports. You understand and agree that TheTimeDonors may, on its sole discretion, review and rely on the information in the Consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that TheTimeDonors shall not be responsible or liable in any way in the event that any information in the Consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of Consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. TheTimeDonors reserves the right to suspend and/or terminate User based on information in the Consumer reports or for any other reason in TheTimeDonors's sole discretion.
Registering to become a member of TheTimeDonors is free. Buyers are responsible for paying all fees and applicable taxes associated with delivery and consumption of the Services through our Website, as well as for using the external tools with a valid payment method.
TheTimeDonors only facilitates conclusion of transactions for Time Slots between Users by supplying a platform to request, deliver and pay for such Services. TheTimeDonors will in no way be responsible for monitoring any transactions between Users, Time Donors individuals or Time Donors Companies. Buyers and Time Donors will be liable for all transaction taxes on the services related to the Time Slots. As with the purchase of any other service or product through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. All Users agree that they will not sell or buy Time Donor’s services or materials from another User other than through our Services.
TheTimeDonors does not accept payments or use any payment methods. The full amount of the payment made by a Buyer goes through external services, as specified during Time Slot creation, to the specified Beneficiary, selected by a Time Donor in the particular Time slot. All payments shall be made through the external services of Beneficiaries. Upon transferring the full amount of the payment to the Beneficiary, the User notifies TheTimeDonors, and TheTimeDonors sends the final confirmation that the payment for the Time Slot has been received, among other required information for the consultancy between Buyer and Time Donor.
We use external payment services to bill you manually, through e-mail for your Time Slot payments. We do not store or use in any way any payment information or your personal data concerning payments. You are not submitting your credit card information, you grant TheTimeDonors the right to send you an email with the information on how to pay the selected Beneficiary with the external party payment service on the Beneficiary’s website, which may be changed from time to time. You agree that TheTimeDonors will not be responsible for any failures of the external third party to adequately protect such information. The processing of donation payments will be subject to the terms, conditions and privacy policies of third-party payment services.
Your funds are under limited protection of our platform. If the consultancy with a Time Donor didn't take place for reasons beyond your control, we are entitled to offer you one free consultancy with another Time Donor. This is the only possible refund and there shall be no other compensation for any other reasons. To the fullest extent permitted by law, any refunds at any time are at our sole discretion only.
You may request to cancel your account at any time, however, there are no refunds in case of cancellation. In case TheTimeDonors shall suspend or terminate your account because of breach of any of our policies, you understand and agree that you shall receive no refund or exchange for any unused Time Slots or any portion of the Service, any content or data associated with your account, or for anything else.
3. RIGHTS AND LIMITS
3.1. Your License to TheTimeDonors
In case you are a User, TheTimeDonors hereby grants to you, on the Terms set forth herein, a non-transferable, non-sublicensable, non-exclusive, limited right to access and use the Services solely for your non-commercial, personal use and subject to the policies and restrictions that we post on our Website from time to time.
In case you are a Time Donor, TheTimeDonors hereby grants to you, on the Terms set forth herein, a non-transferable, non-sublicensable, non-exclusive, limited right to access and use the Services solely for the delivery of your personal consultancy to your clients (i.e. Users) and subject to the policies and restrictions that we post on our Website from time to time.
3.2. Your Account
Certain Services are reserved only for registered users of our Website. To become a registered user you must register on our Website, with login credentials to be provided or enabled by TheTimeDonors (“Login Credentials”), which will based on the type of access applicable to your use of the Website (whether Buyer or Time Donor). You agree that you are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs under those Login Credentials. You agree to notify us immediately if you believe that any of your Login Credentials have been or may be used without your permission so that appropriate action can be taken.
You may not (i) share your Login Credentials with any third party nor (ii) transfer your account to any third party. TheTimeDonors is not responsible for any loss or damage caused by, or expense incurred by you as a result of, your failure to safeguard your Login Credentials. You agree that you shall not rent, resell, or remarket the Website, or provide access to the Services to any third party. We are not responsible for losses or damage caused by your failure to safeguard your login and password. TheTimeDonors may terminate any Login Credentials in its sole discretion; You will not be entitled to create a new account to access the Website if your prior Login Credentials have been terminated by TheTimeDonors.
Upon registering for our Services through LinkedIn, a user profile may automatically be created for you. In such case, you LinkedIn profile photo will be displayed close to your profile information.
3.3. Direct Interactions
TheTimeDonors does not take part in direct interactions between Buyers and Time Donors.
Other than providing the platform for Buyers and Time Donors to connect, TheTimeDonors may automatically monitor the interactions between Users only in case:
a. We may find the content posted by Buyers or Time Donors on the Website doubtful or infringing rights of other Buyers or Time Donors, but We are not obliged to do so;
b. We may need to improve our Services.
TheTimeDonors does not have control over transactions between Buyers and Time Donors except the situations when TheTimeDonors shall facilitate the donation payments made by Buyers as stated in section 2.4. TheTimeDonors does not control neither consultancy content provided by Time Donors, nor any reviews or ratings provided by Buyers, nor actions or omissions by any Buyer.
All Time Donors are independent consultants. As independent consultants, ime Donors control the methods, materials and all aspects of the consultancy. The Services allow Time Donors to create subject-specific Time Slots . Buyers are responsible for selecting the right Time Donor for their needs. Buyers should review and investigate each Time Donor's self-reported credentials, education, and experience, as well as reviews from other Buyers and/or Time Donors.
You acknowledge and agree that Services are provided for the purpose of facilitating learning, not cheating. You agree not to inquire about the hiring of or to hire Time Donors to complete assignments, write papers, take quizzes or otherwise do work on your behalf. Further, you agree not to use Services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.
TheTimeDonors expressly disclaims any liability or claims that may arise between Users of its Services. You are solely responsible for your interactions with all other Users and any disputes that arise from those interactions with other Users. TheTimeDonors may monitor disputes between Users, but is not obligated to monitor such disputes.
Because TheTimeDonors is not responsible for or involved in any contact between Buyers, Time Donor Individual or Time Donors Companies or in the assessment or provision of Time Slots, in the event that you have a dispute with one or more Users, you hereby release TheTimeDonors (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.
3.4. Representations and Warranties
Time Donor’s Representations.
If you utilize the Services as a Time Donor, (i) You represent and warrant that for each provided Time Slot you have the right to provide services contained in such Time Slot and that you are capable of fulfilling any offers contained in such Time Slot; (ii) You warrant that you will keep all your Time Slots up to date on the Website by notifying TheTimeDonors of any changes that would affect the accuracy of such Time Slots; (iii) You hereby grant to TheTimeDonors and its Users, the right to view and distribute your Time Slots without restriction and you acknowledge that your Time Slots may be widely disseminated and viewed by general public; (iv) You acknowledge and agree that TheTimeDonors may display advertisements on the Services in connection with your Time Slots without any payment obligation to you; (v) You agree to use good faith efforts to coordinate how you will interact with User online for the Time Slot.
If you utilize the Website as a Buyer, (i) You agree to honor the commitments you make to the Time Donor via the Website; (ii) You agree that you will not circumvent or manipulate our fee structure, the billing process, or fees owed to Beneficiary; fail to deliver payment for the won Time Slot; and (iii) You agree to use good faith efforts to coordinate how you will interact with Time Donor online for the Time Slot.
While using the Services, you agree that you will:
a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, tax laws etc.
Any use of the Website that TheTimeDonors, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a Buyer or a Time Donor with or without notice.
You shall not disrupt or otherwise interfere in any way with any other User's use of the Services. By accessing our Services, or other Service provided through our Website that allow Users to communicate to other Users (“Public Areas”), You agree to abide by the following standards of conduct.
You agree that You will not, and will not authorize or facilitate any attempt by another person to use our Website to:
4. WEBSITE CONTENT
Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website and through the Services. The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes. You may view, copy, download, and print Content that is available on this Website or through the Services, subject to the following conditions:
The Content may be used solely for internal informational purposes. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose;
Nothing contained on this Website should be construed as granting, by implication, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.
5. CONTENT SUBMITTED BY USERS
We do pre-screen all information posted online by our Users. We are acting as an active conduit for such distribution and responsible for the quality of Content. We are not responsible for the Users opinions, advice, statements, services, offers, or other information in Content expressed or made available by Users are those of the respective author(s) or distributor(s) and not of TheTimeDonors. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from Your uploading, posting or submission of Content to this Website.
We have the right, but not the obligation, to monitor all Content submitted to our Website through a Content Management System, to determine compliance with these Terms and any other applicable rules that we may establish, as well as for the purpose of Services' improvement. We have the right in our sole discretion to edit or remove any material submitted to or posted through this Website. Without limiting the foregoing, we have the right to remove any material that TheTimeDonors, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable, and You are solely responsible for the Content that You post to this Website.
6. LINKS TO THIRD-PARTY WEBSITES
We will not include your content in advertisements for the products and services of third parties to others without your separate consent.
TheTimeDonors may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of advertisers other than TheTimeDonors found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. TheTimeDonors is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such non-TheTimeDonors advertisers on the Website.
8. ACCESS TO THE SERVICES
TheTimeDonors maintains this Website as a service to the user community that visits the Website subject to these Terms. You are responsible for obtaining any equipment and Internet service necessary to accessing our Services and for paying any fees for the equipment and Service You select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. We may provide access to third party services and products from time to time or to our own products or Services. You acknowledge that the Website and any mobile applications are evolving and that the form and nature of the Website or mobile applications, including the Services, may change from time to time without notice to you. If you are using the Services in your capacity as an employee, you must have the ability to bind your employer by your use of the Services, otherwise, We would consider Your use of the Services as use of a private individual for private purposes.
9. EMPLOYMENT AND WITHHOLDING
The Services are not an employment service and TheTimeDonors does not serve as an employer of any User unless separately subject to a signed, written employment contract. Users may use TheTimeDonors Services only for non-commercial personal use and subject to these Terms.
As such, TheTimeDonors will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Services or Users’ services. You understand and agree that if TheTimeDonors is found to be liable for any tax or withholding tax in connection with your use of Users’ services, then you will immediately reimburse and pay to TheTimeDonors an equivalent amount, including any interest or penalties thereon.
In all cases of use of this Website, Users are acting as independent contractors and not as TheTimeDonors’s or any other party’s employee, agent, franchisee or servant. Accordingly, you will be solely responsible for all costs incurred by you or your organization. You shall not hold yourself out as having authority to make contracts or promises on behalf of TheTimeDonors.
You may not assign or transfer these Terms in whole or in part to any third party. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees, and permitted assigns.
You acknowledge and agree that we may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services (the "Feedback") and public feedback from Users with whom you have transacted.
Feedback regarding TheTimeDonors. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone.
You further acknowledge that, by acceptance of your submission, TheTimeDonors does not waive any rights to use similar or related ideas previously known to TheTimeDonors, or developed by its employees, or obtained from sources other than you. You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us and assign a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, or without it in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
Feedback Regarding Users. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that TheTimeDonors may calculate a composite feedback number based on these individual ratings. Time Donors agree to be rated by Users along several criteria, as determined by TheTimeDonors. TheTimeDonors provides its automatic feedback and rating system as a means through which Users can express their opinions publicly, and TheTimeDonors does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to TheTimeDonors's attention. You may be held legally responsible for damages suffered by other Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. TheTimeDonors is not legally responsible for any feedback or comments posted or made available on this Website by any Users or third parties, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Service through form https://thetimedonors.zendesk.com/hc/en-us/requests/new or e-mail email@example.com.
Unless you otherwise indicate in writing, TheTimeDonors will communicate with you by email, regular mail or by posting communications on this Website. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when We send it to the email address you have provided to TheTimeDonors on this Website, or when We post such communication on this Website. You must keep your email address updated on this Website, and you must regularly check this Website for postings. If you fail to respond to an email message from TheTimeDonors regarding violation, dispute or complaint within 2 (two) business days, we will have the right to terminate or suspend your use of Services. All notices to TheTimeDonors intended to have a legal effect concerning these Terms must be made via email firstname.lastname@example.org, with scan-copy of proper claim with signature. If there is a legal obligation to notify TheTimeDonors with means other than email, TheTimeDonors contact details are the following: Willebroekstraat 25, 1066WE, Amsterdam, The Netherlands.
To stop receiving specific communications from TheTimeDonors, please, submit a notification to us in order to change the types and frequency of such communications.
We may terminate any User’s access to our Website in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate Users who violate these Terms, as deemed appropriate in our sole discretion. We may also delete, or ban access to or use of all related information and files. TheTimeDonors will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information.
You may terminate this Agreement at any time by ceasing all use of the Service. TheTimeDonors will have no obligation to provide a refund of any amounts previously paid to TheTimeDonors. Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you.
14. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all Content contained on this Website is the property of TheTimeDonors or licensors, and it is protected from unauthorized copying and dissemination by applicable laws. The intellectual property of TheTimeDonors, including without limitation the TheTimeDonors logos, is owned by The Time Donors B.V. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective right holders. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the respective right holder.
Except as expressly authorized by TheTimeDonors or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
You may obtain direct access via the Website to certain confidential information of TheTimeDonors, its affiliates or Users, including but not limited to personal data, technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You agree to hold Confidential Information in strict confidence and not use the Confidential Information except for the purposes set forth in these Terms and not disclose such confidential information to any third party. All right, title and interest in the Confidential Information remains with TheTimeDonors, its affiliates and its Users.
No obligation is imposed upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from TheTimeDonors, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to TheTimeDonors adequate to afford TheTimeDonors the opportunity to object to the disclosure.
16. DISCLAIMER OF WARRANTY
Use of the Services is entirely at your own risk. TheTimeDonors disclaims all liability in connection with any interactions, correspondence, transactions, and other dealings that you have with any third parties, which are solely between you and a third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties) and the like.
You acknowledge that the website and all services, text, images, and other information on or accessible from this website are provided "as is". TheTimeDonors and its affiliates and licensors are not liable or responsible for any results generated through the use of the website. We provide no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither TheTimeDonors nor its affiliates or licensors is responsible for the conduct, whether online or offline, between Users.
17. LIMITATION OF LIABILITY
(A) Disclaimer. In no event shall TheTimeDonors be liable to any User of the Website or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorized access to or use or misuse of the website or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if has been advised of the possibility of such damages or losses.
(b) Limitation. To the extent permissible under applicable law, you agree that TheTimeDonors’s total cumulative liability in connection with these Terms, the Website, the Content, and the Services shall not exceed the amounts, if any, you paid in commission to TheTimeDonors for the Services in the then-prior twelve months.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
This Website may be accessed from countries other than the The Netherlands. This Website and the Services may contain products or references to products that are only available within the Netherlands. Any such references do not imply that such products will be made available outside the Netherlands.
If you access and use the Website outside the Netherlands you are responsible for complying with all applicable local laws and regulations.
We make no representation that information on the Website is appropriate or available for use outside the Netherlands. Those who choose to access the Website from outside the Netherlands do so on their own initiative and at their own risk.
The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.
23. ENTIRE AGREEMENT. SEVERABILITY
These Terms, together with any amendments and any additional agreements you may enter into with TheTimeDonors in connection with the Services, shall constitute the entire agreement between you and TheTimeDonors concerning the Services. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
For Additional Information. If you have any questions about these Terms, please contact email@example.com.