Terms and Conditions
Effective Date: 5th October 2015
This User Agreement (“Agreement”) explains the terms and conditions (“Terms and Conditions”) under which you are allowed to use the website (www.lifetouchers.com) owned by Lifetouchers Ltd., UK (Hereinafter referred to as “LifeTouchers”) and any of its Sites, services, tools, applications, mobile, or social media pages.This User Agreement is effective 5th October 2015. Your continued use of the website (“Site”) after will signify you have read, understood, and accepted to be bound by this Agreement, for yourself and on behalf of the authority to do so. LifeTouchers reserves the right to make independent variations to this Agreement and any Site policies without your consent. However, LifeTouchers may notify you by email when variations are made to this Agreement, which will be updated on LifeTouchers Site, unless, stated otherwise.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH SECTION. ACCESSING, BROWSING OR USING THIS SITE IN ANY MANNER SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS AND CONDITIONS IN THIS USER AGREEMENT.
This Site is a platform for our members to connect with compassionate givers globally, build strong support networks and source help in their times of desperate need. The platform enables users to build strong support networks, create fundraiser, giveaway and adverts. Site users become Members when they open LifeTouchers Accounts pursuant to this User Agreement.
2. Use of LifeTouchers
You agree, accept and confirm that during use of LifeTouchers Sites, services, application, tools or social media pages, you will adhere to all the site rules and you must not;
- violate any third party rights, laws or our Site policies and Agreements.
- use our Sites, services, applications, tools or social media pages if you are not able to form legally binding contracts (which in this case, if you are under 18 years of age), or are temporarily or permanently suspended from using our Sites, services, applications, tools or social media pages.
- upload, list, post or advertise content or items in unsuitable categories or sections on our sites; which include contents that are blasphemous, defamatory, disparaging, ethically unsuitable, false, harassing, harmful, hateful, illegal, in breach of others privacy, inaccurate, indecent, involving laundering or gambling, libelous, misleading, obnoxious, obscene, pedophilic, pornographic and racial.
- give away fake or counterfeit products or offer illicit services otherwise promote an illegal or unauthorized activity or copy of someone else’s material or other rights of third parties.
- create fundraisers or giveaways on the Site with false details, profiles and identity.
- share or transmit viruses or any other technologies that may cause harm to LifeTouchers, its interest or to LifeTouchers users.
- default in releasing a giveaway product or service originally awarded to a Site user, unless recipient does not meet terms of redemption / collection or cannot be contacted.
- allocate or handover by any means any of LifeTouchers application or your LifeTouchers account (including feedback) and user ID to another party without contacting us in writing.
- alter the details or description of any fundraiser, giveaway, comment, post, adverts or interfere with other user’s listings.
- manipulate or tamper with our fee structure, the billing process, or fees owed to LifeTouchers.
- disseminate, export or re-distribute any LifeTouchers application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions.
- collate or collect information about LifeTouchers users (such as email addresses, home or office addresses, phone numbers) without their consent.
- evade any LifeTouchers policy, or attempt to evade warnings, suspensions either temporary or permanent or other account limitations and restrictions.
- share or transmit unsolicited or mass electronic communications, chain letters, spam, or pyramid schemes.
- sell, copy, modify, or distribute rights, consents, copyrights and trademarks belonging to LifeTouchers (which includes Sites, services, information, software, application and tools).
3. Abuse of LifeTouchers
On LifeTouchers we work together with our community of users to ensure our Sites and services are properly functional and safe. We are keen to prevent or stop the infringement of copyright, trademark or other intellectual property rights of third parties. Please, kindly notify us by email email@example.com if you believe that our intellectual property rights have been infringed and we will investigate accordingly.
4. Membership Eligibility, Registration and Fees
4.1 To register an account on LifeTouchers, you must be 18 years or over, a legal entity or an individual in business 18 years or older who can form legal binding contracts unless such use is under the supervision of a parent or guardian. Each registration is for a single user only. When you register for an account, you also must accept all the Terms and Conditions, including this Agreement. All users are required to have a valid Stripe account to receive funds from donations made to them via fundraisers and the donation button on their profiles as such a Stripe account is created for each user at the point of registration or if user already has a Stripe account they can simply enter their Stripe account credentials in the Payment details settings section of the Site. Users are also required to have a valid credit or debit card to make payments where necessary. All users must accept to be financially responsible for the use of the Site, making donations, receipt of funds from donations, listing of fundraisers and giveaways and redemption of giveaways on the Site.4.2 Membership of this Site is offered to individuals and organizations. Members can create their profiles, build strong support networks and create groups. The Site serves as an online platform enabling users to connect with family, friends, colleagues, organizations, groups, charities and other compassionate givers globally. The Site gives users the ability to register as private or business member to;
4.3 To register you must provide true, accurate and complete information on all registration and other forms you access on the Site, and to update your information to maintain its truthfulness, accuracy and completeness, which includes your actual location. We reserve the right to reject any registration in our sole discretion. If you provide false or incorrect registration information or do not notify us of changes to your registration information immediately, which gives LifeTouchers the grounds to suspect foul play, we reserve the right to indefinitely suspend, terminate or block access to your membership account or access to the Site immediately and without notice to you.4.4 If you register on LifeTouchers, you are solely responsible for maintaining the confidentiality of your User ID and password and shall be held responsible for all activities that occur under your User ID and Password. As such, you may not disclose your password to any third party (other than third parties authorised by you to use your account). If your password is compromised you must change your password.4.5 All users of the Site are liable for all costs in respect to accessing the Site and communicating with other users of the Site. We do not charge fees for donating towards a cause; neither do we charge fees for receiving donations for fundraisers. However, fees are charged by the payment processing company used for processing payments which includes debit /credit cards on this Site which would be taken upfront for every transaction. Areas on the site where fees are charged include full verifications and advertisements.4.6 On notice to members, we may alter the amount of or the basis of the calculation of our fees charged pursuant to these Terms and Conditions from time to time. We may cancel any membership and/or subscription, verification or advertisement at any time. Fees are not transferrable from one member to another. Refunds will be given at our discretion and the Fees paid will not be rebated or refunded once service has been used.4.7 If, as a member, you are asked for/ to provide payment details or details of a credit, debit, payment card or payment gateway account you undertake that;
- build a strong support network with features similar to conventional social networking websites where users can build their friend list (referred to as support network), create a profile, post updates, share photos and videos.
- create fundraisers, which could be funded via crowdfunding.
- create giveaways (in the form of products or services) that could be given freely to other interested members of the creator’s choice in desperate need of such giveaways.
- fully verify their account for more authenticity and credibility.
- create adverts which could be displayed around the site.
- You are fully entitled to use the card or payment gateway, and;
- It has available funds sufficient to cover the charges, which are deducted from it.
5. Account Balances / Finances
5.1 LifeTouchers is not a bank, and amounts transferred to or through your account are not insured deposits. You will not receive interest or other earnings on the funds in your account. LifeTouchers may earn and retain interest on those funds, may charge or deduct fees, may receive reduction in fees or expenses charged, or may receive other compensation for banking, payment or other financial services related to the account.5.2 The Site and Site services operates in US Dollars ($), British Pounds (£), Euros (€), Canadian Dollars ($), Australian ($) and other currencies accepted by the payment processor being used on the Site. However, the currency displayed to every user is dependent on their current location Country i.e. if you view site in the United Kingdom then currency appears in (£), if in Nigeria in (₦), if in India (₹) etc., but at the point of payment the funds are converted to US Dollars ($). Therefore LifeTouchers is not responsible for currency fluctuations that occur when billing or crediting a credit card or debit card denominated in a currency other than US Dollar ($). Nor is LifeTouchers responsible for currency fluctuations that occur when receiving or sending payment via bank transfer or automated clearinghouse to and from your account.5.3 For fund withdrawals from your account, you must request such funds using any of the withdrawal methods available on the Site, at the moment funds are deposited into your Stripe account created during registration or updated Stripe payment details if you already have a Stripe account, from there you can track your transactions and request withdrawal. Any request will be subject to the conditions and restrictions contained on the Site and in the User Agreement as well as Stripe's terms and conditions. Notwithstanding any other provision of the User Agreement, if LifeTouchers determines in its sole discretion that a member has violated the rules or Site Agreement, LifeTouchers has the right to refuse to process the withdrawal, or hold the withdrawal if we require additional information including without limitation identification verification, passports, driving license, bank statements, government issued identification, address, date of birth, and the like.5.4 LifeTouchers will make funds deposited in your account generally available for you to use or withdraw through the payment gateway details provided on Site, which is currently PayPal. LifeTouchers reserves the right in its sole discretion to place a hold on funds for client payments to clear, for transaction processing, if LifeTouchers has reason to believe monies may e be subject to dispute or charge back, if fraud is suspected, if LifeTouchers believes there are reasonable grounds for insecurity with other investigation. LifeTouchers will release a hold as soon as practicable after investigation.
6. Feedback, Post, Comments and Rating System
Users of LifeTouchers services are encouraged to leave a balanced and objective feedback, comment, post and rating regarding their experience using the Site in LifeTouchers Monthly Selection comments. These feedbacks, comments, posts and ratings have to be accurate, sincere and related to the user’s experience on the Site. Site users must acknowledge and agree that these feedbacks, which are visible to public users, will contain comments and ratings left by users themselves, as these feedbacks might not be moderated or censored by LifeTouchers or investigated except brought to our attention or found to be highly and unjustly defamatory. LifeTouchers may calculate a composite feedback number based on the feedback ratings. User may be held legally responsible for damages suffered by LifeTouchers and its users or third parties as a result of your remarks if a court finds that your remarks are legally actionable or defamatory. By law, LifeTouchers is not legally responsible for any feedback or comments posted or made available on this Site by any users or third parties, even if that information is defamatory or otherwise legally actionable Users must agree to report any violation of the LifeTouchers feedback and rating system to firstname.lastname@example.org and agree not to engage in any activity that circumvents or undermines our feedback system which includes but not limited to the following;
The integrity of the feedback, comments, post and rating system is highly important to LifeTouchers and as such LifeTouchers will strive to protect the feedback system and users from abuse by investigating and by right (but under no obligation) remove posted feedbacks, comments, posts, ratings or information in case where;
- creating a different username or using another members account to leave feedback for LifeTouchers or yourself.
- posting an incorrect or false feedback for another member or LifeTouchers.
- lobbying for false or inaccurate feedback, comment or post on your behalf by other LifeTouchers members either by offering to give or offer a product or service in exchange for undeserved positive comments, feedbacks or post for your fundraisers or giveaways or any other reason.
- using threat of a negative comment, feedback or post to instigate other members to perform a task or accept terms not acceptable or not in compliance with Site policy or member agreement.
- circumventing the funding of fundraiser or release of giveaways as agreed by User Agreement terms so as to prompt the posting of positive or negative or no comments or feedback by other members.
- users post contact information such as emails, phone numbers or website links, send junk mail, chain letters not related to LifeTouchers business or purpose.
- post contains blasphemous, defamatory, disparaging, ethically unsuitable, false, harassing, harmful, hateful, illegal, in breach of others privacy, inaccurate, indecent, involving laundering or gambling, libelous, misleading, obnoxious, obscene, pedophilic, pornographic and racial. We strongly disapprove of the posting of insulting or provocative feedback but may not remove such feedbacks when posted.
- post have been left by or for a user who has been or is suspected to have conducted a fraudulent transaction or in violation of LifeTouchers’ terms and conditions.
- the post has no direct connection with the supposed transaction conducted on LifeTouchers.
- post is about any actions taken or claimed to be taken by LifeTouchers or any law enforcement organization.
- LifeTouchers is furnished with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the feedback or information posted is, defamatory, slanderous, libelous or otherwise illegal.
- feedback, post or comment posted with fake contact information during transactions (subject to LifeTouchers verification) and cannot be contacted by LifeTouchers.
- feedback is posted by a user that had as ole reason to register, participate in a transaction with the motive of harassing LifeTouchers and its Users (subject to LifeTouchers independent verification).
- A member informs LifeTouchers of a feedback, comment or post that was wrongly posted for a user, which was intended for another user. Additionally, users must not post their fundraisers and giveaway URL in the comment section or any other area of other fundraisers on the Site, but they are allowed to post such URL on profile pages and comment section there in if permitted by other users. Users are solely responsible for all content published on their profiles, fundraisers and giveaways.
7. Terms and Conditions for Fundraising
By creating a fundraiser of LifeTouchers:
- the creator represents to donors that they are genuine and the details of the fundraiser is genuine and have the right and authority to create the fundraiser or receive donations on behalf of an organization, group, cause or individual for which the fundraiser has been created.
- the creator affirms that funds received for the fundraiser will be used for the exact reason as stated on the fundraiser details and not for other purposes.
- the creator represents to the donors that their listing is accurate, current and complete and is not misleading or otherwise deceptive.
- the creator represents and affirms that, in any event, the details of the fundraiser is not prohibited, illegal or banned.
- the creator is solely responsible for any and all tax implications from contributions received through their fundraisers.
8. Terms and Conditions for Giveaways
By creating a giveaway on LifeTouchers:
- the creator represents o interested claimants that they are genuine and the details of the giveaway is genuine and have the right and authority to give away the product or service on behalf of an organization, group, cause or individual for which the giveaway has been created.
- the claimant affirms that they will not give false or deceitful claims in order to receive a giveaway posted by a creator and the actual giveaway when redeemed will be utilised for the exact reason(s) as stated by the claimant whilst indicating their interest for the giveaway and not for other purposes.
- the creator represents to the claimants that their listing is accurate, current and complete and is not misleading or otherwise deceptive.
- the creator represents and affirms that, in any event, the giveaway is not a prohibited, counterfeit, illegal or banned substance or service.
- the giveaway creator represents to the giveaway claimant that their listing is accurate, current and complete and is not misleading or otherwise deceptive. On the other hand, the claimant represents to the creator that their proposals, bids or interest are accurate, current and complete and is not misleading or otherwise deceptive.
- the creator represents and affirms that, in any event, the giveaway listed is a job or service to be delivered; the listed job is not prohibited or banned in the United Kingdom, United States, EU or banned online and the job is safe and, where required meets all Health and Safety Standards and applicable law. The claimant represents and affirms that, in any event, the job or services to be delivered is not prohibited, hazardous or banned in the United Kingdom, United States, EU or banned online and the job delivery will be safe and, where required meets all Health and Safety Standards and applicable laws.
- the giveaway creators and claimant are responsible for arranging / agreeing on the most convenient method of delivery for the giveaway listed on the Site. LifeTouchers is not to be held responsible for any delivery arrangements.
- The creator and claimant are solely responsible for any and all tax implications from the giveaway created or received on the Site.
We are registered under the Data. Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our affiliates, partners, third-party service providers, licensors, subsidiaries, group companies (where required) and their respective shareholders, officers, directors, employees and agents and if legally required to do so to the appropriate authorities.We will not sell, share or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by LifeTouchers will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, LifeTouchers:
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
- Excludes all representations and warranties relating to this Site and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Site and/ or the LifeTouchers’ literature; and
- Excludes all liability for damages arising out of or in connection with your use of this Site. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised LifeTouchers of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
When in use of LifeTouchers Site, you understand and agree that LifeTouchers and Affiliates will communicate with you via email or communications posted on our Site. LifeTouchers would consider that you have received all emails sent to the email address you supplied to us or when LifeTouchers post such communication on Site. You agree to update your email address on our Site if you decide to change or if no longer valid and also visit regularly to keep up to date on recent Site postings. Failure to respond to an email message regarding Site terms and conditions or other violations, disputes or complaint within 3 business working days, will give LifeTouchers the right to suspend or terminate your account or pending transactions. Communication with other members must be done via the required communication avenues provided on site, which includes but not limited to private or public messages, profile updates, comments, supports, claimants proposals, post, blog, chat, help and community. In the event of a dispute only such evidence will be considered as record for the dispute resolution.All legal notices to LifeTouchers or Affiliates must be in writing and delivered either in person or by recorded delivery evidenced with a receipt, to outlined address below and such notices will be considered to be effective on the date of receipt: 13 Chapelmount Road, Essex, London, United Kingdom. IG8 8HW., Attn: Legal Counsel.
11. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement, which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventually outside our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he, she or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of the United Kingdom govern these terms and conditions. By accessing this Site, registering and using our services or marketplace you consent to these Terms and Conditions and to the exclusive jurisdiction of the United Kingdom courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
14. Cancellation and Refunds
To cancel an account, donation, fundraiser or giveaway or request a refund you must first check your account setting to see if you have allowance to cancel or request refund either from the other user or LifeTouchers first before getting in touch. Thereafter you can send an email to email@example.com stating your case and we will review accordingly, if you are entitled to any concession or refund, we apply such accordingly, if not we shall contact you via email. LifeTouchers has the sole discretion to decide to allow a member to cancel a contribution made to LifeTouchers once made, if it so wishes and would not be held liable for refusing to do so.
15. Limitation of Liability
YOU AGREE AND CONSENT THAT IN NO EVENT SHALL LIFETOUCHERS, OUR AFFILIATES, LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF PROFIT, EVEN IF LIFETOUCHERS IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
You agree and consent to indemnity, defend and hold harmless LifeTouchers, its Affiliates, third-party service providers, licensors, subsidiaries, group companies (where required) and their respective shareholders, officers, directors, employees and agents from and against any and all losses, costs, expenses, demands, actions, claims, proceeding, suit, damages, or other liabilities (including reasonable attorneys’ fees and/ or costs) brought by third party relating to:
- your use of the Site Services and any payment or debt incurred during Site use
- your use of the Site and your decision to supply payment, financial and credit details through the Site
- your decision to list fundraisers, giveaways (products or services) and accept offers from other members
- all contract, claims and agreement breaches made by members which you engaged in dealings with via this Site
- your breach of any section of this Agreement
- any liabilities resulting from tax incurred on payments or anything related
- your dispute of or failure to pay any invoice or make any other payment; or
- your obligation to a fundraiser creator, giveaway creator, fundraiser donor or giveaway claimant, including payment or delivery / collection obligations.
17. Third-Party Rights
A person who is not a party to this User Agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third-Parties) Act 1999 to enforce any provision of this User Agreement.
18. Legal Disputes and Arbitrations
In the case of a dispute between you and LifeTouchers or our affiliates, we aim to resolve the disputes swiftly and cost effectively. We encourage you to first contact the other party first before contacting us directly to seek a resolution via customer support (firstname.lastname@example.org ). We will consider reasonable request to resolve the dispute through alternative dispute resolution procedures, such as arbitration or mediation, as alternatives to litigation.
19. Applicable Law and Jurisdiction
Any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of the United Kingdom. You and LifeTouchers will agree to submit to an exclusive jurisdiction of the United Kingdom Courts.
20. Trademarks and Copyrights
All intellectual property rights contained in this Site, be it registered or unregistered, including but not limited to the site design, script, underlying source code, graphics, text, images, videos, audio clips, software, applications, tools and music shall remain our property. You must not copy, email, post, transmit, reproduce, upload, distribute or republish any material contained in this Site either directly or indirectly or on behalf of any one else.
21. Our Contact
If you have any questions, need assistance, need to report a violation of our Terms and Agreements or any issue not related to copyright infringement regarding this Site, kindly contact Customer Services via;