TERMS OF USE
These Terms and Conditions of Use regulate access to and use of the platform, including the content and services made available to Users on and/or through the Community, whether by OIGO, by its Users or by third parties. Likewise, within the platform there is the possibility that the User may access the various sections of the platform to create or support projects, in which case he/she shall also be subject to these terms and conditions.
By using the platform, either as a registered user, as a contributor (donor) or simply by clicking on any "register", "log in" or other button that relates content on the platform, you are bound by all the terms of the terms of use and our privacy policy, constituting a legally binding contract between the user and OIGO.
By making use of this platform and/or any web portal, subportal or subdomains generated from it, the User will be subject to the general terms and conditions of a legal contract with OIGO S.A., an Ecuadorian company oriented to the provision of services for collaborative fundraising under the modality of donation, domiciled in Quito, Ecuador, at Avenida Granda Centeno, Urbanización El Alcázar, Pasaje 2, OE7-02.
Any person who enters this web portal and uses the Services is considered a "User" and therefore, the Terms and Conditions for the use of the Services shall apply in their entirety.
1. PURPOSE OF THE SERVICE
OIGO offers a service in which registered users can access an open platform, www.oigo.aroyi.org to propose or support social development projects, and share these projects with other users of the platform under the conditions established therein.
OIGO's activity developed through the web portal does not constitute financial services, investment or purchase and sale of goods or services for the purposes of the provisions of Ecuadorian law. Consequently, OIGO is not an entity subject to control and verification by the Superintendence of Banks and Insurance.
The projects can be aligned to two types of modality: a) Open or public (crowdfunding); and, b) Closed or private (matchfunding). For more information please check our FAQ section.
OIGO does not recommend that donations be made to any of its published projects in a specific way. Users are free to choose where and how to make their donations.
OIGO will in no case be responsible for the donations or their destination. The beneficiary of the donations shall be solely responsible for allocating the donations for the intended purpose as set forth in the project published on the web portal www.oigo.aroyi.org.
In order to make any donation, the User must have carefully read and accepted the General Terms and Conditions set forth in the Web Portal.
OIGO will not allow the inclusion of incentives for total values greater than five hundred United States dollars.
The User or the creator of a project may not offer any alcoholic beverages, drugs, medicines, narcotics, betting schemes, lotteries, raffles, firearms, vaporizers, pipes, dividends, future earnings, commissions or company shares as incentives in his project.
Costs and Commissions:
The beneficiary of the donations or, failing that, the creator of the cause, in case of being a person other than the beneficiary, will pay OIGO a commission in United States dollars corresponding to a percentage on the total amount of the donations collected, which will be deducted from the total amount of collections before being delivered to the beneficiary.
Transaction costs for credit card or transfer fees and VAT are not included in the commissions, which will be assumed by the beneficiary of the donations or, failing that, by the creator of the cause.
The user who owns the campaign must be the owner of the bank account (savings or checking account) in which the donations collected at the end of the campaign will be received.
All crowdfunding campaigns published in www.oigo.aroyi.org that achieve a collection equal or higher than their minimum budget may be subject to a commission in US dollars of 4% of the total amount of money raised in the campaign plus taxes, plus the financial charges for the use of the payment system with credit cards or other payment systems, plus the costs of the banking system. These commissions and financial costs will be deducted from the total amount raised by the platform at the time of successful completion of the campaigns, i.e. when the campaigns reach the target (minimum) funding budget defined in the project or exceed it.
The 4% commission is applicable to all money raised by projects that reach or exceed their target (minimum) funding budget defined in the projects during their campaigns.
In cases where collaborative fundraising campaigns do not reach the minimum funding budget defined in the project, the service will not be subject to any cost from the platform.
See details about our fees in our FAQ.
2. TERMS AND CONDITIONS
The use of www.oigo.aroyi.org shall be subject to the Terms and Conditions for access and use of the platform, which may be updated at any time and in the manner determined by OIGO.
OIGO reserves the right to improve, modify or eliminate the services and/or content of the platform without prior notice, according to a wide range of criteria. For this reason, the User should review the Terms and Conditions regularly to check for such modifications. The modified version will always be available on the web portal http://www.oigo.aroyi.org . If the User decides not to accept the Terms and Conditions, he/she must refrain from accessing and/or using the contents and/or services offered on the platform.
In order to use and/or access the Services, the User must expressly accept the Terms and Conditions prior to using the service; if he/she does not do so, he/she will not be able to use them under any circumstances.
The User irrevocably accepts the Terms and Conditions provided herein by registering on the OIGO platform, whether this registration is made through the platform or other social networks permitted by OIGO. The legend "I have carefully read and expressly accept the Terms and Conditions" and the link to access the Terms and Conditions provided herein are part of the registration. The act of registering constitutes acceptance of the Terms and Conditions and enables access to the Services. From that moment on, the User acknowledges and accepts that the use of the Services is covered by the Terms and Conditions set forth herein.
The User may not use the Services, let alone accept the Terms and Conditions, if: a) he/she does not have the capacity to enter into a binding contract with OIGO under applicable law; b) if he/she is expressly prohibited by law in his/her country from using the Services; c) if he/she is not of legal age (over 18 years old); or, d) if he/she does not have a bank savings or checking account in Ecuador.
Obligation to make proper use of the portal:
The User undertakes to make lawful use of the platform and not to use it for illicit activities or activities contrary to good faith and legal regulations (merely indicative and not exhaustive); cause damage to the physical and logical systems of the portal, its suppliers or third parties, introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage, not to mention all those that violate the honor, personal or family privacy and image of persons, property rights and any other nature belonging to a third party as a result of the transmission, dissemination, storage, making available, receiving, obtaining or accessing the content or image of third parties; the performance of acts of unfair competition and unlawful advertising as a result of the transmission, dissemination, storage, making available, reception, obtaining or access to the content; the lack of truthfulness, accuracy, completeness, relevance and/or timeliness of the content, or any other fraudulent use of the web portal, the User in any case indemnifying OIGO against any claim, judicial or extrajudicial.
The User is solely responsible for the contents and files made available on the portal, and therefore undertakes not to publish (or upload) any file (including video, audio, text, etc.) that is subject to the intellectual (or industrial) property rights of third parties, unless the legal owner of such rights has granted a license or formal authorization in accordance with the license governing this portal. For further details of the licenses governing this site visit the Licenses section.
OIGO disclaims any liability for damages of any kind that may be due to the content shared, provided or supplied by a third party with respect to the information of the projects on the platform.
The User undertakes not to use the web portal or the platform Services to offer other services in connection with a commercial activity other than that intended for the OIGO web portal.
The User undertakes not to create events that promote lotteries, raffles, gambling schemes and/or violence, drugs, prostitution, terrorism, adult content, human trafficking and/or any activity that violates morals and universal values. OIGO reserves the right to reject and remove any project, campaign or cause that it deems to be against the principles, values and morals of the company and the platform.
The User agrees not to create events that promote lotteries, raffles, gambling schemes and/or violence, drugs, prostitution, terrorism, adult content, human trafficking and/or any activity that violates morals and universal values. OIGO reserves the right to reject and remove any project, campaign or cause that it deems to be contrary to the principles, values and morals of the company and the platform.
The User undertakes not to damage, alter, modify or destroy any code or part of the application.
The User undertakes to make normal and appropriate use of the system, without extracting and even less, making use of personal information of third parties.
In case of a malfunction of the system, the user agrees to notify our website, either via email, telephone or any other means, so that the technical team of our website can make the necessary corrections to the system, in order to contribute to its proper functioning. However, you acknowledge and agree that OIGO may need to temporarily or permanently interrupt the provision of the Services (or any function thereof) to you or to users in general.
The User is solely responsible for the use of the application, therefore, you are responsible for all content you post, for the relationships you establish with other users of the portal, as well as for any consequences that may arise from the provision of the Services through the use of this portal. The User undertakes to publish only that content that he/she is willing to share and which he/she is legally entitled to use, as it may be seen by third parties.
The content that the User decides to share must not violate at any time the rights of third parties, including but not limited to, intellectual property rights or privacy rights, so it is obliged not to make offensive comments based on race, nationality, gender, sex, sexual preference, disability or any other specific condition; obscene or indecent content or language; abuse, defamation, ridicule, mockery, and others against any person; promotion of violence; exposure of any private information of an individual; deception and fraud, or the use of tools aimed at anonymizing the user's IP address. In the event that the content posted by the User causes an improper effect, the User shall be solely responsible and OIGO shall therefore be released from any liability. OIGO reserves the right to remove any content it deems incorrect or inappropriate under the parameters it deems necessary, without there being any reason to receive any claims or complaints from the User or third parties.
The User agrees not to copy or adapt the software of the web portal, including, but not limited to Flash, PHP, HTML, JavaScript or any other coding.
The User, by using the web portal, shall be aware that the personal data and/or information he/she enters may be stored in OIGO's database and used by the different portals that OIGO manages. OIGO shall not use the data and/or information outside the line of business, and any transfer to third parties must be previously authorized by the User.
The User agrees not to use the platform to create and promote political campaigns. OIGO reserves the right to reject and eliminate any project, campaign or cause that it deems may have political purposes or overtones.
User Registrations and Registrations:
OIGO is not obliged to review or reply to messages or information registered by Users, and therefore assumes no liability for such registrations or registrations. Notwithstanding the foregoing, OIGO reserves the right to monitor such registrations as often as it may at its discretion determine, as well as to delete any registration whose content is, but not limited to: (i) considered by OIGO to be illegal, immoral, defamatory, libelous, slanderous, vulgar, obscene, ethnically or racially discriminatory, or any other material whose content incites any behavior or conduct that may be considered illegal or against good customs, or may entail any type of liability; (ii) promotions or offers of any kind that distort or divert the objective of the project, (iii) messages recorded by Users attributing the authorship thereof to other persons; (iv) personal information (e.g. (v) messages registered by third parties pretending to be authorized spokespersons of OIGO S.A.; (vi) messages through which private information or intellectual property is offered; (vii) multiple messages posted by the same User; and/or (viii) any type of chained or serialized messages.
Use and Custody of Username and Password:
The User agrees to make diligent use of the password and username and to keep both secret. It will be the exclusive responsibility of the User to maintain the confidentiality of his password, assuming therefore all the damages, expenses and/or damages of all nature derived from the breach of this obligation or from the revelation of the password, as well as of the bad use that, as consequence of the violation of his duty of custody, a third party could do it.
Cancellation of Access, Services and Content:
OIGO may, at its sole discretion, deny, withdraw, suspend and/or block at any time and without prior notice access to the content or the platform itself to those users who breach these Terms and Conditions, and may delete their account and all information and files related thereto or, as the case may be, deny them access to such files to the platform itself. OIGO shall not assume any liability for the cancellation of access thereto. OIGO reserves the right to limit, in whole or in part, access to certain users, as well as to cancel, suspend, block or remove certain types of content through the use of appropriate technological tools for this purpose, if it has actual knowledge of or considers that the activity or information stored and/or disseminated is illegal or damages the property or rights of a third party.
Communications and Notifications:
All communications and notifications made shall be considered effective for all purposes when made via email to the email address provided by the User. The User expressly acknowledges that such data have been provided by him/her and are completely true. Communications and management of personal data are regulated in accordance with the Privacy Policy.
OIGO assumes no liability whatsoever arising from any damage, prejudice, inconvenience, direct or indirect, generated or in any way related to the sending of information by e-mail messages or any other means from us or our users through the portals.
Unsubscribe from the Platform:
In the event that the Registered User wants to unsubscribe from the platform, you can do so from the box provided for this purpose. The unsubscription as a user and the processing of their data will be carried out in accordance with the provisions of the Privacy Policy.
Execution of the Projects:
OIGO shall not be liable for the Promoter's compliance or non-compliance with the execution of the Project. The execution of the Project is the sole responsibility of the Promoter.
OIGO does not participate in any way in the offer and/or delivery of incentives, which are prohibited. OIGO is not responsible for the fulfillment or non-fulfillment of the delivery of the gifts and incentives that the Promoter of the Project mentions in its proposal.
Limitation of Liability:
OIGO assumes no liability whatsoever arising from any damage or injury, direct or indirect, arising out of or in any way connected with access to or use of the portal (even if OIGO has been made aware of the possibility of damage), including liability related to damage caused by viruses infecting the User's computer system(s).
The information provided in the text and images on the Site is provided to you "as is" by OIGO and third parties. Accordingly, OIGO does not warrant the suitability or accuracy thereof for any particular purpose, nor is OIGO responsible for the reliability or accuracy of any opinion, advice or statement made through the Site by any party other than OIGO.
OIGO shall not be liable for any loss or damage of any kind arising from the User's reliance on information obtained from this site, and it shall be the sole responsibility of the User to verify the accuracy and usefulness of the information, as well as any opinion, advice or other content posted on the application.
The User expressly agrees that the money given to the beneficiary is a donation, and does not constitute an investment, purchase of goods or services or payment for any consideration.
The User expressly agrees that he/she waives any claim against OIGO due to the failure of the beneficiary of the Project to comply with the destination of the amount received.
Access Conditions:
Access to the Web Portal is free except for those sections for which an access password is required. Said password must be validated by OIGO at the time of User registration.
In order for the User to access the sections reserved for Registered Users, he/she must first register using the available registration form.
Once registered, the User shall be provided with a User Name or "login" and a password, which shall constitute the access key to the website and its sections.
The use of passwords and identification data of third parties is prohibited, regardless of the way in which they have been obtained.
Registration as a User for the use of the web portal is free of charge; however, there may be registration alternatives at a cost that offer greater services.
OIGO reserves the right to incorporate costs and/or fees not previously agreed upon in the Terms and Conditions. In order to do so, it must notify Users by means of an internal notification on the Platform and/or e-mail ten days in advance. In case of non-conformity, the User may notify OIGO of the intention to cancel his/her account.
During the registration processes, creation of a project or even during the donation process on the web portal, Users may be asked to accept new legal conditions or contracts. It is the obligation of the Users to carefully read such conditions, understand them, comprehend them and accept them through the mechanism available in each of these sections.
Specific Provisions:
The User must read, understand and comprehend the conditions and descriptions that refer to the operation of each project and that will be published together with the specifications of each one by the creator of the project. The User must accept the Specific and General Terms and Conditions of the platform, otherwise he/she will not be able to donate.
General Provisions:
The Terms and Conditions constitute the entire legal agreement between the User and OIGO, govern the use of the Services and supersede all prior agreements between the User and OIGO in connection with the Services.
You agree that in the event that OIGO does not exercise any right or remedy under the Terms and Conditions, this shall not constitute a formal waiver of OIGO's rights and such rights and remedies shall remain in full force and effect for OIGO.
If any provision of these Terms and Conditions is found by a Court of competent jurisdiction in this matter to be invalid, such provision shall be severed from the Terms and Conditions without affecting the remainder of the Terms and Conditions and the other provisions shall remain in full force and effect.
The Terms and Conditions and your relationship with OIGO as provided herein shall be governed by Ecuadorian law, and any dispute shall be submitted to arbitration by arbitration at law heard by the Arbitration and Mediation Center of the Arbitration and Mediation Center of the Quito Chamber of Commerce or the Arbitration and Mediation Center of the Ecuadorian American Chamber of Commerce - AMCHAM. The rules of arbitration shall be governed by the Law and the rules of the Center; however, OIGO is a worldwide domain and it is the obligation of the Users to find out and know how the use of the web portal may affect them in their respective countries.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY
The contents (trademarks, notices, trade names, slogans, advertising phrases, drawings, designs, industrial designs, logos, texts, among others), as well as the information subject to intellectual property, whose ownership corresponds to OIGO or to the registered Users made available on the platform, may be freely reproduced, publicly communicated, transformed or extracted in a non-exclusive manner, in whole or in part, by any person, in any format, without any time or territorial restriction and for any subsequent legitimate use under the following condition: To always, and in any case, indicate authorship when using or sharing content on this platform.
As for the industrial property rights that may correspond to the contents, as well as all trademarks, trade names or any other distinctive sign, they are owned by OIGO or their legitimate owners, and all rights to them are reserved.
OIGO shall not be liable for any damages that may arise from the use of the contents, services and information included in this website by users, or from the infringement by them of any legal provision in force.
By using the application, the User authorizes OIGO, in a non-exclusive, transferable, perpetual and irrevocable manner, to make use of the content published or provided through the web portal or its derivatives, and therefore authorizes its reproduction, modification, publication, editing, translation, distribution and others, in whole or in part and in any type of media, whether technological or not, existing now or in the future. This authorization is expressly granted upon acceptance of these terms and conditions and permits the aforementioned use for commercial or non-commercial purposes. This authorization is extended to OIGO or any other person, natural or legal, that may be associated with OIGO for the use of the portal and is made recognizing that there is no compensation of any kind in favor of the user.
4. MINORS
Full responsibility for determining the specific content and services accessed by minors lies with the adults in whose care they are placed. Unauthorized minors are prohibited from accessing and using the Portal. OIGO understands that from the moment a minor accesses the Portal, he/she has the permission of his/her parents, guardian or legal representative.
Given that the Internet allows access to content that may not be suitable for minors, Users are informed that there are mechanisms, in particular filtering and blocking software, that allow limiting the content available and, while not infallible, are particularly useful for controlling and restricting the materials that minors may access.
The website is intended for use by adults and is not directed at children. OIGO will not store information about minors. OIGO recommends that parents do not post personal information about minors, nor allow others to do so. If you believe that we have information about minors, please contact us.
5. COOKIES AND LINKS
OIGO informs the User that the platform uses cookies considering such information files hosted on the User's own terminal and which serve to facilitate the User's navigation through the portal (e.g., not to ask the user and/or password again). In any case the cookies will not collect or perform any processing of personal data. In any case, the User has the possibility to configure the browser to prevent the installation of these files.
OIGO assumes no responsibility for any external links that, where appropriate, may be included in the portal, as it has no control over them, so the User accesses the content and conditions under its sole responsibility of use that govern them.
OIGO grants all authorization for the creation of hypertext links to its Websites, provided that the sites from which the links are made comply with the rules of good morals, conduct, customs and do not violate any national or international law or regulation.
OIGO reserves the right to disable links or structures and specifically disclaims any responsibility for the content available on any of the Internet sites linked to this site and sites linked from this site. Access to other sites linked from OIGO is the sole responsibility of the User.
6. PRIVACY POLICY
OIGO has adopted the necessary measures to prevent the alteration, loss, processing or unauthorized access of personal data, taking into account at all times the state of technology; however, the User should be aware that Internet security measures are not impregnable.
In the event that personal data referring to different natural persons are included in the platform, the User must, prior to their inclusion, inform them of the points contained in the Privacy Policy.
7. DURATION AND TERMINATION
OIGO provides the platform to its users on a subscription basis, and the platform will cease to be available to the client and its users at the end of the subscription period, in the event of unsubscription.
For private campaigns (matchfunding) OIGO will provide an exclusive matchfunding channel for the matchmaker and its users that will be available until the end of the call, according to the designed call bases. OIGO, however, is authorized to terminate or suspend the platform at any time. Where reasonably possible, OIGO will give prior notice of termination or suspension so that Users may remove their content.
The User may suspend the use of the Services at any time through the specific procedures established on the web portal for this purpose. OIGO may continue the indefinite use of any content that has been posted or uploaded to the web portal by the User.
OIGO may without prior notice change or remove the application in whole or in part. It may also suspend or block temporarily or permanently any User's access to the application. Neither of these two events shall entail any liability on the part of OIGO.
In cases of termination or suspension of access, the User's right to use the Application shall cease completely and immediately.
OIGO reserves the right to take any legal action necessary to remedy any violation of these Terms and Conditions, including restricting access to the Portal Services to certain Users.
8. APPLICABLE LAW
The relationship between the User and OIGO for the use of the platform is governed by these Terms and Conditions and, as not provided herein, by the legislation of the Republic of Ecuador, especially by the Organic Law of Entrepreneurship and Innovation and the General Regulations to the Organic Law of Entrepreneurship and Innovation.
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