Terms of Service

Important

*** The CharityStars platform is currently not available to residents in the State of Florida ***

 

This is a legal agreement between you and us. We are the owner of the website www.charitystars.com (thereafter, the Platform). These terms and conditions (“Terms & Conditions” or “Terms”) set out the terms on which we supply the Items to you. Please read these Terms carefully before you accept these Terms. 

CharityStars consents to the use of the Platform by third parties on the sole and only condition that you agree to all of the Terms & Conditions listed. Should you not agree to the Terms & Conditions, you may not access or use the Platform.     

The date the Terms & Conditions were updated can be found at the bottom of the page. Please check the page periodically to view and accept updates and changes.

You. When we say you, your or user throughout these Terms, we mean the individual or entity placing an order for Items through the Platform. If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms. 

Who we are. We are CharityStars. Where you are purchasing any Item sold on our Platform in great British pounds (£) or US Dollars ($), these Terms are between you and VIP4Aid Limited, a company registered in England and Wales, with company registration number 09074126 (“VIP4Aid”). Where you are purchasing any Item sold in euros (€), these Terms are between you and CharityStars S.r.l., a company registered in Italy with our registered office at Via Ripamonti 101, 20141, Milan, Italy. Our REA number is MI – 1996238 and our VAT number is IT08000930969 (“CharityStars S.r.l”). Throughout these Terms, when we say CharityStars, we, us or our, we mean VIP4Aid or ChairtyStars S.r.l., as applicable. 

Acceptance. You accept these Terms by logging in, placing an order or bid for Items via the Platform. 

Service Description. Our services and those of some of our affiliates’ are provided through the Platform. CharityStars is a web-based service platform established to provide Non-Profit Organisations around the world with an additional fundraising channel through the sale of exclusive experiences, collectibles or luxury items (generally, the “Items”) via auction, buy now, or Sweepstakes. The services we offer allow you to browse the Platform, find, bid on and purchase Items from different product categories. As part of these services, we also provide secondary services, such as arranging delivery of the Items and offering customer service. Together, these make up the Services. 

Registration and restrictions and eligibility. You can visit the Platform and access some of the features without needing to register. To bid or make a purchase through the Platform, you must register for an account. If you choose to register and create an account, you will be asked to provide personal information, including your name and email. You will also be asked to create a username and password. The email address and password you provide will be your credentials ("Credentials")” and will be the ones that you will use to authenticate on the Platform as a CharityStars user. You cannot have more than one set of Credentials active at the same time. In addition to this, selling, sharing, or transferring your Credentials to a third party is strictly prohibited. You also warrant that the information you provide regarding your identity during the registration process is accurate and truthful. If the information you provide is untrue, inaccurate, out of date, or incomplete, CharityStars reserves the right to suspend or terminate your account, and not to proceed with authorising future uses of the Platform (in part, or in whole). If you use the Platform, you are responsible for the confidentiality of your Credentials, and accordingly accept all liability for activities related to said account, including any purchases made using your Credentials. You agree to notify CharityStars immediately by means of the tools offered in the Help Center area - of any misuse of your account.           

Age requirements. Unless otherwise stated, the CharityStars Platform is intended only for use by persons of age 18 years or older. Any type of user who does not match this characteristic cannot be legally enrolled in the platform. It is also necessary to be at least 18 years old to place a bid on an Item.

Despite anything to the contrary, CharityStars may, in its sole discretion, place additional age restrictions on certain Items, auctions, sales, sweepstakes or prize draws. These age restrictions will be made clear on the relevant listing. 

As a last resort, if you reside in a jurisdiction that places a restriction on your use of the Platform-both of its functionality and of the various features offered-due to your age, or restricts your ability to consent to these Terms & Conditions for other reasons, you must abide by those restrictions.      ’

Listings. We will provide a complete description of each Item, including images of the Item and the fees for the Item (including any minimum delivery fees) (Listing). You acknowledge and agree that the delivery fee may exceed the minimum set out in the Listing, and will be calculated based on your delivery location.

Certain Listings may allow you to purchase the Item immediately, for the price set out in the Listing (Buy Now Item). 

Certain Items are sold by auction only (Auction Item). You may request to purchase an Auction Item by placing a bid on the Platform (Bid). Where you make a Bid on an Auction Item, you become a Bidder. 

Any Bid placed on the Platform is considered a legally binding offer to purchase the Auction Item at the price listed in your Bid. By making a Bid, you represent, warrant and agree that you will be able to purchase the Auction Item at your Bid price. 

Once a Bid has been placed on a Listing, it cannot be withdrawn. 

Each Listing will be available for a set amount of time as set out in the Listing, during which Bidders may submit Bids on the Auction Item (Listing Period).

We may, in our sole discretion, deem any Bid invalid if it breaches these Terms or any other user guidelines notified by us. We reserve the right to, at any time, verify the validity of Bids and Bidders (including a Bidder’s identity, age and place of residence) and to disqualify any Bidder. If a Bid is deemed or found to be invalid, we may relist the Auction Item on the Platform for a new Listing Period or otherwise resell the Auction Item in any manner as solely determined by us. 

We reserve the right to cancel any Listing at any time and for any reason, prior to the end of a Listing Period. In the event of such cancellation by us, all Bids will be void.

Provided that the Bid and the Bidder have not breached these Terms, the highest Bid at the end of the Listing Period for a Listing will be the winning Bid (Winner). If you are the Winner, you will be notified by email of our acceptance of your Bid, at which point a legally binding agreement will be created between us and you, and you must purchase the Auction Item at your final Bid price (Winning Bid Price). Payments will be processed in accordance with the Payments and Fees clause below.

Additional Details

Certain Items may be subject to additional rules or conditions, which will be set out in the Additional Details section of each Listing. Sweepstakes or prize draws may also be subject to the Official Rules, which can be found on the relevant Listing for the sweepstake or prize draw. 

In the event of a conflict between the Terms & Conditions and the Additional Details, what is stated in the Additional Details takes precedence.     

Payments and Fees. CharityStars makes use of various third-party payment services to process transactions; specifics of these services include handling user information traffic through credit card networks. CharityStars is not affiliated with any of these services, and is therefore not responsible for their actions or performance. Your use of these third-party payment services may be subject to additional terms and conditions.      

It should also be noted that these services have access to the data provided by the user at the time of the transaction, and that the use of such data is governed by the third party services' own privacy policies. Should the user win an auction, buy an Item, or participate in a sweepstakes/ prize draw, CharityStars will use the payment method selected by the user.

In respect of Buy Now Items, you agree to pay us the purchase price of the Item you order, plus any applicable delivery costs and fees set out on the Platform. 

Relative to participation in an auction, upon winning such an auction CharityStars will immediately process payment for amounts not exceeding €5,000.00/ £5000/ $5000 using the Winner’s payment details provided at the time of registering on the Platform.

If the final price exceeds €5,000.00, CharityStars will contact the user at the email provided at the time of registration: the purpose of this communication is to confirm whether the payment method previously indicated is the one actually chosen, or if the user prefers to use a different method. If the email remains unanswered for 48 hours, CharityStars will proceed with the transaction using the payment method originally indicated.

In the event that the payment is not successfully finalized, CharityStars will contact the winning user who will have three (3) business days to resolve any payment-related issues and finalize the transaction.      

As a general rule, the Item in question is not awarded except following regular payment, finalised through the platform. You acknowledge and agree, with respect to each payment transaction, that (i) you will not provide an invalid method or without the necessary authorization, (ii) that each payment is final and non-refundable.

You must not pay, or attempt to pay, the price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. 

For any questions regarding payment transactions, please consult the "Payment" section in the Help centre area.

Buyers, Winners will be required to pay the cost of the Item with the addition of other applicable costs, including shipping costs (including shipping costs related to the return of the Items if you decide to exercise your right of withdrawal, where applicable), costs related to customs clearance, service fees, etc. 

Our service fee is an additional commission on the auction clearing price or winning bid that is charged to the Winning Bidder and is standard in all auctions internationally. This fee is not represented by a fixed amount and can vary from auction to auction within a range of 10 to 15 percent of the final winning bid price. Please note that the lowest fee is 10% of the hammer price and the maximum fee can never exceed 15% of the hammer price. The relevant service fee will be detailed in the relevant Listing. 

Any additional costs will be notified to you at the time of your order for Buy Now Items, or upon your Bid being accepted as the Winning Bid Price in the case of Auction Items. For the abundance of clarity, delivery costs, service fees and any disbursements (including customs fees) are in addition to the purchase price of Buy Now Items and in addition to the Winning Bid Price in respect of Auction Items.

To find out the percentage donated to the Charitable Organization for each Item, the user can refer to the relevant Listing, where the said percentage is made explicit and may vary from auction to auction. 

Delivery, Title and Risk. The minimum delivery fee will be set out on the Listing of each Item. The delivery fee will vary based on your location and the location of the item.

If you are the Winner or you have purchased a Buy Now Item, we will deliver the Item to the delivery address you provide when registering on our Platform.

Title in the Item will only pass to the Winner on the date that the Winner pays the Winning Bid Price to us in accordance with these Terms. If you have purchased a buy now Item, the Title in the Item will pass to you on the date that you pay the price in relation to the Item to us in accordance with these Terms. 

Risk in the Item will pass to the you as soon as the Item has come into your physical possession, except where the you have arranged for delivery by a carrier (not named as an option by us), in which case, risk in the Item will pass to you on delivery of the Item to the carrier. 

Right of Withdrawal or Cancel. 

If you are a buyer based in the European Union (EU), European Economic Area (EEA) or United Kingdom (UK), you may benefit from certain consumer rights when you buy items from professional sellers. This regulation usually also applies to buying from professional sellers based outside the EU/EEA or UK. These rights relating to online purchases are sometimes referred to as “distance selling laws”.
It is important to note that these consumer rights have conditions and some exceptions that apply.

Some buyers will therefore be able to benefit from the "Right of Withdrawal", without needing to offer any valid reason, and return the purchased goods no later than 14 days from receipt of the item.

Any and all shipping costs for returning the item must be paid for by the buyer. For no reason and under no circumstances will CharityStars accept refund requests made beyond the two time periods set out above.
If the Items are digital content, you have 14 days after the day we accept your right to withdraw. However, if you instruct us to provide the relevant digital content within this cancellation period, or you stream or download the digital content, you will lose your right to withdraw. 

If the Items are services (excluding events, concerts, or similar), you have 14 days after the day we accept your order to withdraw. We agree not to commence the provision of the relevant services during this cancellation period, unless you make an express request for us to do so.
You acknowledge and agree that after you have accepted these Terms, if you instruct us to provide the relevant services within this cancellation period, this will be taken to be an express request by you, and you will lose your right to withdraw if the relevant services have been fully performed by us or a Vendor.

 If you exercise your right to withdraw under this clause, you will be liable to pay us an amount for the relevant Items supplied up to when you inform us that you intend to withdraw, which will be proportionate to the full price for the relevant Item.

When you don’t have the right to withdraw: You do not have a right to withdraw in respect of:

• Any personalised Items or Items that are made to your specifications; 
• Digital products after you have started to download or stream these; 
• Items sealed for health protection or hygiene reasons, once these have been unsealed after you receive them; and
• Services, once these have been completed if you expressly requested us to provide them during the cooling off period, even if the cooling off period is still running. 
• Goods and items from a private seller.

Returning Items: If you exercise the right of withdrawal for any reason after the Items have been dispatched to you, you must return them to us (unless we agree to collect them, in which case, we will charge you the direct cost to us of collection). If you are exercising your right to withdraw, you must send off the Items to us within 14 days of telling us you wish to cancel these Terms. Please note that in the event of exercising the right of withdrawal, you waive acceptance of these Terms and Conditions for all clauses related to the peak and purchase phase.

Costs: We will pay the costs of return:

• if the Items are damaged or misdescribed; 

In all other circumstances, including where you are exercising your right to withdraw, you must pay the costs of return.

Deductions from refunds if you are exercising your right to withdraw: If you are exercising your right to withdraw:

• if the Items are goods, we may reduce your refund to reflect any reduction in the value of the Item, if this has been caused by your mishandling.
• If we provide you with a refund before we are able to inspect the Items and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
• where you chose a more expensive form of delivery (for example, a courier) than we typically use, we will only refund you the cost of standard delivery. 
• Your refund will be made as soon as possible, and:
• within 14 days of our receipt of the Items where the Items are goods; and
• within 14 days of your telling us that you have exercised your right to withdraw in all other cases.

To exercise your right of withdrawal from these Terms under this clause, you can use the contact information received in the confirmation email of your purchase and/or by using our Help Center. 

Deductions from refunds if you are exercising your right to withdraw: If you are exercising your right to withdraw:

1. if the Items are goods, we may reduce your refund to reflect any reduction in the value of the Item, if this has been caused by your mishandling. If we provide you with a refund before we are able to inspect the Items and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
2. where you chose a more expensive form of delivery (for example, a courier) than we typically use, we will only refund you the cost of standard delivery. 

Your refund will be made as soon as possible, and:

1. within 14 days of our receipt of the Items where the Items are goods; and
2. within 14 days of your telling us that you have exercised your right to withdraw in all other cases. 

To exercise your right to cancel these Terms under this clause, please let us know by contacting us via the Help Center.

Donations. Vendors may run campaigns seeking donations via our Platform, separate to the sale of any Items. Each campaign will have a listing on the Platform (Donation Listing). You may make a donation to your chosen Vendors through their Donation Listing. If you choose to make a donation, your donation will be processed by our third party payment processor, as set out in the Payments and Fees clause above. 

Your donation may be subject to additional terms and conditions set by the Vendor, which will be set out on the Platform where relevant. If you would like a tax receipt for your donation, please contact the relevant Vendor directly. 

Any service fees or other fees applicable to each donation will be set out on the Donation Listing. 

Statement concerning deductibility for taxes related to payments. When and if applicable, CharityStars always provides invoice/receipt of payment for the purchase of the Item. In view of this statement, CharityStars cannot state with certainty that any payment made by you is tax deductible and may qualify as a charitable donation.

CharityStars is not responsible in any way in connection with possible inconsistencies should the payment be declared as deductible with governmental entities, nor can it be held accountable to those entities. Before declaring a purchase made as deductible, it is always recommended that you consult with your financial advisor as to whether and to what extent a purchase may be declared as such, especially if the purchase is connected with the receipt of a prize.

Privacy Policy. CharityStars has its own Privacy Policy - found here - which applies to your use of the Platform. CharityStars recommends that you review the Privacy Policy to understand how your information is used following your registration on the Platform. You agree to the terms outlined in the Privacy Policy.

Intellectual Property Rights.

- Certain trademarks are the service marks and trademarks of CharityStars, or certain of its affiliates / partners. All page headers, custom graphics, buttons, and icons are service marks, logos, and trademarks of CharityStars and affiliates / partners. Any other trademarks, service marks, distinctive features, company names or logos, whether registered or unregistered, that are on the Platform are the property of their rightful owners. You agree, in addition to any applicable laws relating thereto, not to use any trademark, service mark, distinctive feature, product or business name or logo found on the Platform without first obtaining the written consent of CharityStars, or the rightful owner.

- Copyright. Except where otherwise specified, all content on the platform is the production - copyrighted - work of CharityStars or its third-party providers or authorised users. The contents are protected by copyright law. The entirety of all content (the content itself, and the mutual distribution of it) is the property of CharityStars, and is protected by copyright law. Except where specified, there is no authorization to modify, copy, distribute (for compensation), transmit, display, reproduce, reuse, publish, licence, download, store for subsequent use, inspire other work, transfer or sell any information or content obtained through the Platform - whether in part or in whole. Permission may be granted only upon application to CharityStars or its third-party affiliates or authorised users. Use of content by users without authorization may violate copyright and copyright laws, with consequences enshrined in the aforementioned law. CharityStars cannot guarantee that the use of any type of content displayed on the Platform will not violate any rules and laws of the Italian state against third parties.

- Ownership and licensing of content. Any content provided to CharityStars by users-through upload, distribution, storage, display, or other methods-remains the property of the users; ownership is not transferred to CharityStars. You expressly represent that you retain ownership of the posted content and the respective licences, or at least that you have the authority to grant the rights and licences, to post, upload, distribute, submit, send, exchange, share, publish, show, or more generally make the content available on the Platform, or any other media channel. You agree to pay for any royalties or fees for your or CharityStars' use of such content.

With respect to the content, you grant CharityStars a non-exclusive, worldwide,      perpetual, royalty free licence with open transferability to third parties for copying, distribution, creation of inspired work, display, modification, transmission, and generally any other type of use related to the Platform and its services. This licence will be used by CharityStars to: (i) display content relating to the operation of the services in any respect heretofore used or in use in future time, for the duration contemplated in similar contexts; (ii) hosting, caching, archiving, indexing, crawling, creating algorithms or modifying content for the relevant media or standard formats, or mediums included in the services; (iii) using, distributing, reproducing, modifying, mixing, extracting, adapting, preparing works inspired by the content, advertising and public display of the published content. Each indicated use is contemplated without limitation, and interconnected with use based on agreements with third parties of any nature, for any media format or medium, on any media channel; (iv) use the content for advertising, commercial and promotional purposes with permission to use the content without limitation, on any media format, medium, or media channel.

Licence.We grant you a personal, revocable, non-exclusive, royalty-free, non-sublicensable and non-transferable licence to access the Platform, for your personal use only. Your use of the Platform and its services, materials and information available as a result of browsing and registering on said Platform are uniquely tied to your acceptance of and compliance with the terms and conditions listed herein.      

Null consent and approval. The Platform provides users with the ability to participate in auctions, Sweepstakes/ Prize Draws, and sales of Items for the purpose of helping Non-Profit Organisations. CharityStars does not initiate or solicit donations from Vendors, or participate in any solicitation authorised by the Non-Profit Organisations which benefit from the Platform or the Services. 

Information sharing; Rights to information and images. We handle all personal data you provide to us in accordance with our Privacy Policy. Please note that your personal data (including your name and delivery address) may be shared with third parties for the purposes of us performing our obligations under these Terms, including to deliver your Items to you.  

Additional Acknowledgements. You agree to follow all applicable laws, whether local, state or international regarding your use of the CharityStars Platform. You further acknowledge that your use of the Internet and any transmission of data and generally communication with the Platform is solely at your own risk. While CharityStars has made every effort to create a secure and reliable platform, you are required to acknowledge that the confidentiality of any communication and data transmission to/from the Platform through the Internet or any other type of globally extended network cannot be guaranteed. CharityStars is not responsible for the security of information transmitted from/to the Platform.

You understand and agree that:

1. we are not responsible for bids that were not properly processed due to technical problems and/or delays, including where such delays were caused by your internet connection;
2. in the event of technical or human error, technological failure, or system malfunctions affecting the Platform, we may choose to:
   1. extend the Listing Period;
   2. suspend the Listing Period or conclude the Listing Period early;
   3. reschedule the Listing Period; or
   4. cancel the Listing and void any Bids, and (where applicable) refund any amounts paid; and
3. all Items available in each Listing are sold on an ‘as is, where is’ basis. It is your responsibility to review the Listing and any applicable addition terms and conditions available on the Platform carefully to determine whether the Item is suitable for you. 

Prohibited Activities and Uses. In addition to any restrictions or conditions of use, you acknowledge, consent and warrant that your use of the Platform will not be:

- Illegal, unauthorised, fraudulent, or of malicious intent;

- A violation, misappropriation or infringement of the rights of a third party, including, without limitation, rights of privacy, publicity, copyright, trademark and/or any other type of intellectual property.

- False, offensive, abusive, defamatory, hate speech, obscene, racist, sexually explicit, culturally offensive, indecent, pornographic; and

- Invasive of another's privacy or publicity.     

The user acknowledges and agrees not to:

- Create a false identity for the purpose of deceiving others or impersonating any other person or entity;

- Violate local, state or international laws;

- License, sublicense, sell, re-sell, transfer, assign, distribute or use for commercial purposes the Platform to third parties;

- Modify or create works inspired by the Platform;

- Create web "links" to the Service, or "frames" or "mirrors" of the Platform on other servers/wireless devices/hosted on the Internet;

- Access the Platform code to (i) create or build a competitive product, (ii) create or build a product using similar ideas, specifications, functions, or graphics from the Platform, or (iii) copy ideas, specifications, functions, or graphics from the Platform;

- Launch an automated script (web spider, web crawler, web robot, web ant, web indexer, bot, virus or worm, or any similar program) that can make multiple requests to the server per second, or that can make the operations and/or performance of the Platform difficult;

- Interfere with or destroy the integrity or performance of the Platform (or its data), or attempt to gain unauthorised access to the Platform and its systems and networks.

You acknowledge that CharityStars has no obligation to monitor your access to the Platform, but has the right to resort to such measures for the purpose of operating the Platform and providing the aforementioned services, to ensure that you follow the Terms & Conditions, to obey a legal obligation or an obligation of a court, government agency, or other institutional body.

Monitoring; Termination. CharityStars has the right, but not the obligation, to monitor any activity and content associated with the Platform. CharityStars reserves the right to investigate any reported violation concerning the Platform's policies and any complaints; in this regard, it also reserves the right to take any action that is appropriate; it reserves the right at any time and without prior notice, to suspend, terminate an account, to restrict, disable, and permanently terminate the ability to use the Platform (or any part thereof) if it suspects,      in      its sole discretion     , that a user is about to engage in activities that violate these Terms & Conditions.      

Fraud. User may not register under a false name or under false pretences. User may not impersonate other identities, or use the passwords of another participant, or more generally conduct fraudulent or malicious actions with the intent to interfere with the business of the Platform. You may not intentionally attempt to misrepresent facts or post false information regarding an Item. Fraudulent conduct is a violation of Italian law, and may be reported to the appropriate authorities. CharityStars will always take appropriate conduct to ensure that any violation is prosecuted according to terms of the law

No guarantees; No sponsorship. CharityStars is unable to verify the total quality and authenticity of the Items offered for sale on the Platform, nor does it have any control over the activities or actions of the suppliers of said Items. Ownership of all items on the Platform belongs to Third Parties who have chosen to use CharityStars as an intermediary for the sale of the same, except where otherwise specified within the Auction page or in the additional details you will find under “Lot Information.

CharityStars always endeavours to conduct thorough due diligence before listing an item online. However, they cannot be held responsible for any mistakes or authenticity issues that may arise. It is important to note that CharityStars does engage in direct sales in addition to acting as a broker. CharityStars does not own the items supplied by private and professional sellers, non-profit organisations, or corporations.

In case of purchase of an item that has been signed or comes with a dedication, we stress that all signatures are subjected to strict quality control by our team of specialists before being approved for listing on the website.

In some cases, items and/or artworks bearing autographs, dedications or signatures come complete with certificates of authenticity provided by third parties. CharityStars undertakes to verify their reliability but does not assume responsibility for the absolute authenticity of such certification as there is no regulated and official control body capable of attesting to their absolute authenticity.

It is therefore important for all buyers to understand that any autographs, signatures and/or dedications can only receive full and absolute certification from the signee of the autograph and any requests for reimbursement related to the authenticity of the calligraphic strokes of signatures and/or dedications will be refused, regardless of supporting documents such as "quick opinions" and/or "expert evaluations" provided by third parties or private entities.
In the event that the buyer acquires irrefutable evidence proving the inauthenticity of an item purchased on our platform, CharityStars undertakes to evaluate the elements of proof and, at its complete discretion, potentially authorize a full refund for the purchase, including the initial service fee and shipping costs.
This request for refund must be made no later than 2 months from receipt of the item by the buyer.

Removal of an Item; Termination of an auction, sweepstakes/ prize draw or sale. CharityStars assumes the right, at its sole discretion, to withdraw at any time an Item that is entered into an auction, or more generally featured on the platform. Likewise, it reserves the unconditional right to terminate a lottery at any time, or to process a transaction for any reason. Under no circumstances shall CharityStars be liable to a user for the termination of an auction, direct sale, lottery, or refusal to process a transaction.

Disclaimer. As much as CharityStars strives to provide a functioning and reliable Platform, the information, Platform, Items and descriptions of Items and services are provided on a fluctuating availability basis, which results in possible errors, omissions and other inaccuracies.      

CharityStars does not represent or offer certainty as to the proper functioning of the Platform, nor does it guarantee that files or information downloaded from the Platform are free of viruses, contamination, or features that may harm you.

Limitation of Liability. 

Part A

1. This Part A applies only to the extent that you are contracting with VIP4Aid. 
2. Neither party may benefit from the limitations and exclusions set out in this section arising from its deliberate default.
3. The restrictions on liability in this clause apply to every liability arising under or in connection with these Terms, including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise. 
4. Nothing in these Terms limits any liability which cannot legally be limited, including liability for 
   1. death or personal injury caused by negligence;
   2. fraud or fraudulent misrepresentation; and
   3. defective products under the Consumer Protection Act 1987. 
5. To the extent that the Platform is considered digital content, if the Platform is defective and it damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
6. Subject to subclauses (B) (no limitation in respect of deliberate default), (D) (liability which cannot legally be limited), and (E) (damage caused by defective digital content), but despite anything to the contrary, to the maximum extent permitted by law:
   1. we only supply the Platform and the Items to consumers for domestic and private use. If you use the Platform for any commercial, business or re-sale purposes, we will have no liability to you for liability involved any loss of profit, loss of business, business interruption, or loss of business opportunity; 
   2. where you are using the Platform as a consumer, and either party fails to comply with these Terms, neither party will be responsible for any losses that the other party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms; and
   3. a party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss. 

Part B

1. This Part B applies only to the extent that you are contracting with CharityStars S.r.l. 
2. Under no circumstances will CharityStars (and its successors, relatives, subsidiaries, affiliates, developers, agents, directors or employees) be held liable for (i) direct, indirect, punitive, incidental, special, exemplary or consequential damages or damages of any kind including, damages for loss of use, loss of data, damage to business or profits resulting from direct use or inability to use the Platform or any other service, (ii) any misuse or unauthorised use of a user's account related to the user's use or omission (iii) any action taken in connection with investigations by CharityStars or competent bodies into the merits of the use of the Platform by users or third parties, (iv) errors or malfunctions in the operation of the services, damages resulting from security holes or from viruses, bugs, tampering, fraud, errors omissions, interruptions, defects, delays in operations or transmissions, damages from network or connection malfunction or any other technical error or malfunction, including, loss of credibility related to the implementation of a contract, negligence, strict liability, tort or otherwise. Current law may not allow the limitation or exclusion of liability, so the above limitations may not apply to every user. By using the Platform, you agree that you are exposed to such risks.
3. If you do not agree to this degree of risk, you should not use the Platform.

Waiver of Rights/Waivers. This provision applies only to the extent that you contract with CharityStars S.r.l. Because CharityStars is not responsible for any representations, promises, information, or communications provided by Providers, or for the condition or authenticity of any Items (and of the user's satisfaction with any Items), and because CharityStars makes no representations about making part or all of the payments made tax-deductible, CharityStars is exempt from any recourse made by governmental taxing bodies regarding statements made by users. The user releases CharityStars, its designees, managers, employees, successors, parent and subsidiaries from any and all claims or appeals, demands or claims for damages (direct, purely indirect, incidental, punitive or consequential) of every kind and nature, known and unknown that may be caused by such appeals and claims. If you do not agree to this waiver, you are required not to use the Platform and its services.

Governing Law. Where you contract with VIP4Aid, these Terms are governed by the laws of England and Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 

Where you contract with CharityStars S.r.l, these Terms & Conditions have been drafted and will be enforced with respect to Italian Law. User and CharityStars S.r.l both agree to settle any dispute under the terms of such law.

Terms and Termination. These Terms & Conditions and User's right to use the Platform are effective from the time User accesses the Platform and remain so, binding and enforceable until the end of User's use of the Platform. Beyond that, CharityStars reserves the legal right to pursue all possible legal remedies if there is a likelihood that a user is using the Platform with fraudulent or non-legal motives, or the use of the Platform does not comply with these Terms & Conditions. This right is exercised by CharityStars with the intention of defending its name, credibility, business, and other users. In addition to this, CharityStars reserves the right to terminate a user's use of the Platform, with or without cause. Termination will be immediate and without notice. A user may manifest termination of agreement with the Terms & Conditions by ceasing to use the Platform and its services. If you are registered with the Platform, simply follow the instructions within the "Account Management>How do I cancel my account" section within the Help centre area.

Intellectual Property Claims. CharityStars respects the intellectual property of third parties and asks that anyone visiting the Platform do the same. If you believe that your work has been used on the Platform in an improper manner, please notify us through the tools in the help center:

- A digital or handwritten signature of the person authorised to act on behalf of the owner of the supposedly infringed copyright;

- A description of the work whose copyright has been infringed, and a copy of the work or the web page where it can be viewed;

- Identification of the page on the Platform/Site on which the work that is the subject of the dispute is located, or link or reference of the above, if it is on third party sites;

- First name, last name, address, telephone number and email;

- A statement in which the owner discloses that he/she has not authorised the use of the material that is the subject of the dispute;

- A statement in which the owner attests that what was previously stated is true; if the statement is found to be false, legal sanctions are incurred.

Waiver of Class Action. This provision applies only to the extent that you contract with CharityStars S.r.l. You and CharityStars acknowledge and agree that any procedure implemented to resolve any type of dispute will be conducted solely on an individual basis, and that neither party will seek resolution based on the principles of class action, class action (and other types). In general, neither you nor CharityStars will take part in a dispute in a representative capacity. No dispute will be merged with any other (previous or future) without prior written consent of each party involved.

Disputes. This provision applies only to the extent that you contract with VIP4Aid. Neither party may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first meeting (in good faith) to resolve the Dispute. If the parties are unable to resolve the Dispute at that initial meeting, either party may refer the matter to arbitration administered by the London Court of International Arbitration (LCIA), with such arbitration to be conducted in London, before one arbitrator, in English and in accordance with the LCIA Arbitration Rules.

Modification of Terms & Conditions. CharityStars reserves the right to modify, alter, replace, or change the Terms & Conditions at any time. The date of the last modification is made explicit at the bottom of the page. CharityStars agrees to provide you with written notice of any changes through the Platform. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to any amendment, you may cease using the Platform.           

Miscellaneous. The above Terms & Conditions constitute the entire agreement between CharityStars and you, govern your use of the Platform, and take precedence over any agreement previously made. You will not assign any of these terms, or delegate them to any third party, without CharityStars' written consent.

Any purported assignment by you of these Terms & Conditions without CharityStars' prior written consent will be considered void. It is CharityStars' right to assign the Terms & Conditions to third parties without your consent. CharityStars' failure to have the Terms & Conditions properly fulfilled does not constitute a waiver of the Terms & Conditions, nor does it excuse subsequent performance failures. The Platform is not intended to be used or distributed by/to users located in a legislative area where use of the Platform is not permitted by law.

CharityStars reserves the right to restrict access to and use of the Platform to jurisdictions, persons, and geographic areas at any time and in its sole discretion. If a clause (or part of) contained in the Terms & Conditions is found to be void, invalid or unenforceable in the Court due to conflict of interest with current law, this does not extend to the remaining clauses. The erroneous clause will be amended to meet current law so as to be as close as possible to the original meaning.

As a consequence of the Terms & Conditions or use of the Platform, you and CharityStars are not bound by joint ventures, partnerships, terms of employment.

Any clause written with the intent to endure beyond the time limit of your use of the Platform will endure as such; special reference is made to clauses relating to intellectual property, disputes, warranties, indemnities, limitations and liability.

The headings are for explanatory use only, and do not alter the Terms & Conditions in any way.

Last modified:  29th July 2024