CROWDFUNDING TERMS AND CONDITIONS
Please read these terms and conditions carefully, as they set out our and your legal rights and obligations in relation to our crowdfunded development activities. You will be asked to agree to these terms and conditions before providing your Contribution. We reserve the right, at our sole discretion, to change or modify portions of these Terms and Conditions at any time. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. These terms and conditions are available in the English language only. You may wish to print a copy of these terms and conditions for future reference. We will not file a copy specifically in relation to you, and they may not be accessible on our website in future.
"Activities" means project/s implemented by UNOPS in line with its strategic priorities through the Platform;
"Activities Funding Date" means the cut-off date by which the Funding Target for Activities must be met, as it may be varied by UNOPS in its sole discretion;
"Contribution" means the amount payable by the Contributor to UNOPS in relation to the Activities;
"Contributor" means the individual or organization providing a Contribution for the implementation of the Activities;
"Force Majeure" means any unforeseeable and irresistible act of nature, any act of war (whether declared or not), invasion, revolution, insurrection, terrorism, or any other acts of a similar nature or force;
"Forum" means bulletin boards, chat rooms, access to mailing lists or other message or communication facilities "Funding Target" means the minimum aggregate contributions required before the Activities will be undertaken;
"Platform" means the UNOPS crowdfunding web application, including any associated websites, or online services operated by UNOPS, under its own brand, or operated on behalf and under the brand of UNOPS’ vendors and/or partners;
"UNOPS" means the United Nations Office for Project Services.
2.1 All Activities implemented by UNOPS pursuant to these terms and conditions shall be undertaken in accordance with UNOPS organisational directives and administrative instructions, including UNOPS’ standard internal and external auditing procedures.
2.2 UNOPS shall not be required to commence or continue, as the case may be, the provision of the Activities until the Funding Target is reached and shall not enter into obligations in excess of the contributions received for the Activities.
2.3 Activities may be undertaken in high risk and conflict situations. As such, if UNOPS is rendered unable, wholly or in part, by reason of Force Majeure or any other reason to perform its obligations and meet its responsibilities under these terms and conditions, it shall have the right to suspend or terminate the Activities at its sole discretion. UNOPS expressly disclaims any liability or responsibilities for the successful implementation of the Activities.
2.4 In the event that the Funding target is not reached or the Activities have been suspended or terminated, the Contributor will not be entitled to a refund and UNOPS will endeavour to find similar alternative Activities to use the Contribution.
2.5 Under no circumstances shall the Contribution be refunded to the Contributor upon its transfer to UNOPS.
2.6 UNOPS will recover its direct and indirect costs in accordance with its pricing policy.
2.7 UNOPS shall not bear any exchange rate risk associated with the implementation of the Activities.
2.8 The Contribution will not be exempt from any taxes levied by relevant authorities in accordance with the laws applicable to the Contributor.
3. Assets and Intellectual Property Rights
3.1 Ownership of equipment, supplies and other tangible assets purchased from the Contribution as well as all intellectual property rights generated through the implementation of the Activities will vest in UNOPS until such time as UNOPS transfers such property to a third party for the benefit of the Activities.
4. Warranties, Representations and Acknowledgements
4.1 The Contributor warrants to UNOPS that:
a) it has the legal right and authority to provide the Contribution;
b) the transfer of the Contribution does not and will not conflict with any law or regulation applicable to it, its constitutional documents, and any agreement or instrument binding upon it or on its assets;
c) It has not and shall not offer any direct or indirect benefit arising from or related to the Contribution to any representative, official, employee, or other agent of UNOPS or any organization of the UN system; and
d) It has not been placed on any ineligibility list managed by UNOPS, any other United Nations system organisation, as well as the World Bank group.
4.2 UNOPS warrants to the Contributor that:
a) it has the legal right and authority to receive the Contribution;
b) it has the legal right and authority to undertake the Activities; and
c) it shall implement the Activities with reasonable care and skill.
4.3 The Contributor specifically acknowledges and agrees that UNOPS is not liable for any act or omission of the Contributor.
4.4 The Platform may contain advice, opinions and statements of various information providers. UNOPS does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider, any Contributor or any other person or entity. Reliance upon any such advice, opinion, statement, or other information shall also be at the Contributor’s own risk. Neither UNOPS nor its affiliates, nor any of their respective agents, employees, information providers or content providers, shall be liable to any Contributor or anyone else for any inaccuracy, error, omission, interruption, deletion, defect, alteration of or use of any content herein, or for its timeliness or completeness, nor shall they be liable for any failure of performance, computer virus or communication line failure, regardless of cause, or for any damages resulting therefrom.
4.5 The Platform may contain links and references to third-party websites. The linked sites are not under the control of UNOPS, and UNOPS is not responsible for the content of any linked site or any link contained in a linked site. UNOPS provides these links only as a convenience, and the inclusion of a link or reference does not imply the endorsement of the linked site by UNOPS. The Contributor agrees to use any Forum only to send and receive messages and materials that are proper and related to the particular Forum. By way of example and not as a limitation, the Contributor agrees that when using a Forum, he or she shall not do any of the following:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
(c) Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the Contributor owns or controls the rights thereto or has received all consents therefore as may be required by law;
(d) Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
(e) Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
(f) Falsify the origin or source of software or other material contained in a file that is uploaded;
(g) Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another Contributor of a Forum that the Contributor knows, or reasonably should know, cannot be legally distributed in such manner.
4.6 The Contributor acknowledges that all Forums and discussion groups are public and not private communications. Further, the Contributor acknowledges that chats, postings, conferences, e-mails and other communications by other Contributors are not endorsed by UNOPS, and that such communications shall not be considered to have been reviewed, screened or approved by UNOPS. UNOPS reserves the right to remove, for any reason and without notice, any content of the Forums received from Contributors, including, without limitation, e-mail and bulletin board postings.
4.7. By agreeing to these terms and conditions, the Contributor enables UNOPS and Google Analytics to collect data about UNOPS' traffic via Google advertising cookies and identifiers, in addition to data collected through a standard Google Analytics implementation.
4.8. The Contributor also agrees to the merging of personally-identifiable information with non-personally identifiable information collected through any Google advertising product or feature. Click here should you wish to opt out of the Google Analytics Advertising Features.
4.9 UNOPS and/or its vendors/partners may use and collect the Contributor's personal data, such as first and last name as well as company information. This information is retained for fraud prevention as well as other purposes set forth in these terms and conditions. While UNOPS and/or its vendors/partners will use reasonable efforts to protect the Contributor's personal data, UNOPS and/or its vendors/partners cannot guarantee its absolute security.
5. Indemnification and Exclusions of Liability
5.1 As a condition of use of the Platform, the Contributor agrees to indemnify UNOPS and its affiliates from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys’ fees) arising out of the Contributor’s use of this Platform, including, without limitation, any claims alleging facts that if true would constitute a breach by the Contributor of these terms and conditions.
5.2 UNOPS will not be liable to the Contributor in respect of any loss of profits, income, revenue, use, production or anticipated savings.
5.3 UNOPS will not be liable to the Contributor for any loss of business, contracts or commercial opportunities.
5.4 UNOPS will not be liable to the Contributor for any loss of or damage to goodwill or reputation.
5.5 UNOPS will not be liable to the Contributor in respect of any loss or corruption of any data, database or software.
5.6 UNOPS will not be liable to the Contributor in respect of any special, indirect or consequential loss or damage.
5.7 UNOPS will not be liable to the Contributor for any losses arising in connection with the Activities.
6.1 In case of claims of any nature, including the misuse of the Contribution, UNOPS shall, if appropriate, contest or pursue settlement of such claims. The government of the country in which Activities are being undertaken shall bear the risks of operations and holds harmless UNOPS in respect of claims or liabilities arising through the implementation of the Activities.
6.2 Consistent with UN Security Council ("UNSC") Resolutions relating to terrorism, including UNSC Resolution 1373 (2001) and 1267 (1999) and related resolutions, UNOPS is firmly committed to the international fight against terrorism, and in particular, against the financing of terrorism. UNOPS is committed to taking appropriate steps to ensure that the Contribution is not used to provide assistance to, or otherwise support, terrorists or terrorist organizations.
6.3 Where appropriate, UNOPS shall promptly terminate agreements with partners, contractors or agents, involved in irregularities, fraudulent behaviour or corrupt practices in connection with the Activities. UNOPS shall take all reasonable measures to recover any funds unduly paid.
6.4 The Contributor shall not use the name, emblem or official seal of UNOPS, or any abbreviation of the name of the UNOPS without the written permission of UNOPS.
6.5 Nothing in these terms and conditions will constitute a partnership, agency relationship or contract of employment between UNOPS and the Contributor.
6.6 These terms and conditions shall be interpreted in accordance with general principles of international commercial law. Any dispute, controversy, or claim between UNOPS and the Contributor, unless settled amicably within sixty (60) days, may be referred by UNOPS and/or the Contributor to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining.
6.7 Nothing in these terms and conditions shall be deemed a waiver of any privileges and immunities of the United Nations and/or UNOPS.