Terms of Service for Skills4Cause
Introduction
Welcome to Skills4Cause, an online platform that connects individuals (“Customers”) seeking services with skilled professionals (“Experts”) who offer their expertise for a fee. A unique aspect of our platform is the option for Experts to donate a portion of their proceeds to registered U.S.-based non-profit organizations (“Charities”). Skills4Cause operates primarily within the United States, and while only U.S.-based Experts and Charities can participate, Customers can access the platform from any country.
By using the Skills4Cause platform, you agree to the following terms and conditions. Please read them carefully.
Eligibility
Experts and Charities
- U.S.-Based Requirement: To participate as an Expert or Charity on Skills4Cause, you must be based in the United States.
- Minimum Age Requirement: All users, including Customers, Experts, and representatives of Charities, must be at least 18 years old.
Customers
- Global Access: Customers may access and utilize the platform from any country but must comply with all local laws and regulations applicable to their use of the platform.
- Compliance with Local Laws: Users outside the U.S. are responsible for ensuring that their use of the platform is compliant with the laws of their respective jurisdictions. Users from the European Union or other regions with specific data protection regulations are encouraged to review their rights under applicable laws, such as the General Data Protection Regulation (GDPR).
User Accounts
Account Creation
- Registration: To use the platform, you must create an account. This involves providing accurate and up-to-date information, including your name, email address, and payment information.
- Verification: Skills4Cause may require verification of your identity or other information provided during registration. Failure to provide requested information or successfully complete verification may result in the suspension or termination of your account.
Account Types
- Expert Account: For individuals offering services. Experts can set their rates and choose to donate a portion of their earnings to a Charity.
- Customer Account: For individuals purchasing services from Experts.
- Non-Profit Account: For U.S.-based Charities wishing to receive donations through the platform. Charities must provide valid registration and tax-exemption status documentation.
Services and Transactions
Service Offering
- Listing Services: Experts can list the services they offer, including a description, pricing, and any relevant terms. All services must comply with platform rules and U.S. laws.
- Purchasing Services: Customers can browse and purchase services offered by Experts. Payment is processed through the platform, and a portion may be directed to the Charity of the Expert's choice, as specified by the Expert.
Donations
- Donation Process: Experts can choose to donate a portion of their earnings to a Charity registered on the platform. Donations are processed at the time of the transaction.
- Tax Deductions: While donations may be eligible for tax deductions, the platform does not provide tax advice. Users should consult with a tax professional regarding any potential tax benefits.
Payment Processing and Refunds
- Third-Party Payment Processors: Payments on Skills4Cause are processed through third-party payment processors. By using the platform, you agree to the terms and conditions of these processors.
- Refund Policy: Refunds for services are subject to the terms agreed upon between the Customer and the Expert. Skills4Cause is not responsible for mediating refund requests but may assist in resolving disputes. All refunds must be processed through the platform's payment system to ensure accuracy and security.
User Responsibilities
Accuracy of Information
- Providing Accurate Information: All users are required to provide accurate and truthful information when creating accounts, listing services, and making transactions.
- Updating Information: Users must keep their account information up-to-date.
Adherence to Platform Rules
- Compliance: Users must comply with all platform rules and applicable laws, including those related to fraud, intellectual property, and payment processing.
- Prohibited Activities: Engaging in fraudulent activities, misrepresentation, or any actions that harm the integrity of the platform will result in account suspension or termination. The following activities are strictly prohibited:
- Use of the platform for any illegal activities, including but not limited to fraud, distribution of harmful software, or pornography.
- Unauthorized access or attempts to access any part of the platform, including hacking or use of bots.
- Any other activities that violate the platform’s rules or applicable laws.
Intellectual Property
- User Content: Users guarantee that they own or have appropriate licenses for all content they upload to the platform. Skills4Cause reserves the right to remove any content that infringes on intellectual property rights or violates platform rules.
- Platform Content: All intellectual property on the platform, including but not limited to trademarks, logos, and copyrighted materials, is owned by Skills4Cause or its licensors. Unauthorized use of this content is strictly prohibited.
Privacy and Data Protection
Data Collection and Use
- User Data: Skills4Cause collects personal information necessary for account creation, service transactions, and payment processing. This data is stored and used in compliance with U.S. data protection laws, including the California Consumer Privacy Act (CCPA) where applicable.
- Data Rights: Users have the right to access, correct, or request the deletion of their personal data. Requests should be directed to the contact information provided below.
- International Data Compliance: For users outside the United States, Skills4Cause complies with relevant data protection laws such as the GDPR. Users have the right to data portability, the right to object to data processing, and the right to restrict processing in certain circumstances.
Dispute Resolution
Resolving Disputes
- Internal Resolution: In the event of a dispute between users, Skills4Cause encourages the parties to resolve the issue amicably through direct communication.
- Platform Mediation: If an internal resolution cannot be reached, users may request mediation by Skills4Cause. The platform will attempt to mediate the dispute but is not responsible for any unresolved disputes.
- Arbitration: Any dispute arising out of or related to these terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California, and the decision rendered by the arbitrator shall be final and binding. Users agree to conduct any arbitration individually and waive the right to participate in class actions or collective arbitrations.
Governing Law and Jurisdiction
- Governing Law: These terms are governed by the laws of the State of California, United States.
- Jurisdiction: Any legal actions or proceedings arising out of or relating to these terms shall be brought exclusively in the courts of San Francisco County, California.
Termination and Suspension
Account Termination
- Termination by User: Users may terminate their account at any time by following the instructions in their account settings.
- Termination by Platform: Skills4Cause reserves the right to terminate or suspend accounts at its discretion, including for violation of these terms or engagement in prohibited activities.
Implications of Termination
- Access to Account: Upon termination, users will lose access to their account and any data associated with it. Donations already processed will not be refunded.
- Outstanding Transactions: Any transactions initiated before termination must still be honored.
Liability and Disclaimers
Limitation of Liability
- Service Quality: Skills4Cause is not responsible for the quality, safety, or legality of the services offered by Experts. Transactions are made at the Customer’s own risk.
- Donation Use: Skills4Cause does not guarantee the use of donated funds by Charities and is not liable for how these funds are utilized.
- Third-Party Content: Skills4Cause may contain links to third-party websites or services. The platform is not responsible for the content or services provided by these third parties.
- Maximum Liability: The maximum liability of Skills4Cause to any user for any claims arising out of or relating to the use of the platform shall not exceed the total amount paid by the user to Skills4Cause in the twelve (12) months preceding the event giving rise to such liability. Skills4Cause is not liable for any indirect, incidental, punitive, special, or consequential damages, even if the possibility of such damages was known.
Disclaimers
- No Warranty: Skills4Cause is provided “as is” without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- External Links: Skills4Cause may contain links to third-party websites or services. The platform is not responsible for the content or services provided by these third parties.
Amendments
Right to Amend
- Changes to Terms: Skills4Cause reserves the right to amend these terms at any time. Users will be notified of significant changes via email or through the platform, at least two (2) days before such changes take effect.
- Acceptance of Amendments: Continued use of the platform after amendments constitutes acceptance of the new terms. Users may be required to re-accept amended terms to continue using the platform. If a user does not agree to the amended terms, they may terminate their account before the changes take effect.
Security
- Security Measures: Skills4Cause implements reasonable measures to protect the security of users’ personal information and account data. However, users are responsible for maintaining the confidentiality of their login credentials and are encouraged to use strong, unique passwords.
- User Obligations: Users must not attempt to bypass security measures on the platform, engage in unauthorized access, or use the platform for any activities that could harm the platform’s integrity or security.
Ethical Standards for Experts
Code of Conduct
- Respect and Professionalism: Treating all Customers with respect and professionalism.
- Non-Discrimination: Refraining from discriminatory practices or harassment.
- Confidentiality: Maintaining the confidentiality of Customer information.
- Honesty and Transparency: Providing services honestly and transparently, without misrepresentation.
Consequences of Violations
Violations of the ethical standards may result in suspension or termination of the Expert's account, depending on the severity of the breach.
Force Majeure
- Definition: Skills4Cause shall not be liable for any failure to perform its obligations under these terms if such failure is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, wars, acts of terrorism, strikes, governmental actions, or failure of the internet or other telecommunications systems.
- Notice: If a force majeure event occurs, Skills4Cause will notify users as soon as reasonably possible and will make reasonable efforts to minimize the impact of such events on its services.
Definitions
- Customer: An individual or entity using the Skills4Cause platform to purchase services from Experts.
- Expert: A skilled professional offering services on the Skills4Cause platform.
- Charity: A U.S.-based non-profit organization registered on the Skills4Cause platform to receive donations.
- User: Any individual or entity that uses the Skills4Cause platform, including Customers, Experts, and Charities.
- Platform: The Skills4Cause website and related services.