Introduction
Our mission is to connect the changemakers and motivated people with NGOs working for a better future. Our Only Home NGO-Profiles (“Business Services”) are designed to help NGOs be found by donors, partners, employment/volunteer candidates and others and to provide these organizations the chance to connect and to provide valuable information to Our Only Home users.
1. Contract
By creating, becoming an NGO-representative (as defined below), or continuing as an NGO-representative of a NGO-profile (the “Profile”) on our Business Services, you are agreeing to enter into legally binding contract terms between Our Only Home (as defined below and also referred to as “we”,“us” and “our” ) and your Organization (as defined below) represented by the Profile. “Organization” means the organization represented by your Profile, which may only be a legal entity (such as a NGO or a non-profit) or you, if you are operating the organization in your individual capacity. You also represent and warrant that you are authorized to enter into these contract terms on behalf of the Organization (collectively with the Organization, you and the other NGO-representatives, if any, “You”).
If You do not agree to this contract (the “Contract” or “Service Terms”), do not register as an NGO-representative and do not access or otherwise use any of our Business Services (including creating, claiming or continuing as an NGO-representative for the Profile).
In addition to the Service Terms additional terms may apply to specific features.
2. Obligations
You agree to only use the Business Services in accordance with these Service Terms.
2.1 NGO-representatives. “NGO-representative(s)” are User(s) who have signed up on the Business Services to be (or who were added as) “NGO-representatives” of the Profile. You acknowledge and agree that:
- The Profile must have at least one NGO-representative identified for the Profile.
- Each NGO-representative of the Profile must be a current registered member of app.ouronlyhome.eu (“Member”) with correct contact information.
2.2 Name Changes and Mergers. Subject to Section 4, You agree to accurately reflect the identity of the Organization on the Profile and to promptly update any name changes of the Organization, including any that may result from mergers, acquisitions or other restructuring. Please Contact Us with requests related to the Profile.
2.3 Content and Conduct. You agree that:
- You will follow our “NGO ressources,” and keep content professional, respectful, relevant, and accurate.
- You will only post content that is truthful and does not infringe anyone else’s rights.
- You will only use the Business Services to identify and promote your own Organization.
- Your Organization operates lawful activities in accordance with applicable laws.
- You will ensure that all of the Organization’s actions (including by any NGO-representative) regarding the Profile (such as all posts, additions, and deletions) comply with all applicable laws.
2.4 Compliance with Data Policies.
As with our other Our Only Home services, our collection, use and sharing of Your personal data is subject to our Privacy Policy (which includes our Cookie Policy and other documents referenced in the Privacy Policy) and updates. You agree that You will comply with the Service Terms when collecting, using or otherwise processing any personal data related to Members.
3. Intellectual Property
3.1 License. You grant to Our Only Home a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, distribute and publish any content You provide to Our Only Home. The foregoing license survives termination of this Contract with regard to content provided prior to termination. You represent and warrant that you own or have all necessary rights (including intellectual property rights) to such content (including to grant the license above).
3.2 Feedback and Reservations of Rights. If You choose to provide suggestions and feedback to Our Only Home, You agree that Our Only Home can (but does not have to) use and share such feedback for any purpose without compensation to You. You may not disclose any information about our metrics or Member demographics. Our Only Home reserve all of our intellectual property rights in the Business Services.
4. Profile Service Limits
You acknowledge and agree that:
- Any NGO-representative’s identity and actions related to the Profile may be visible to others, including visitors and other NGO-representatives of the Profile.
- We may add or suspend any NGO-representative’s access to the Business Services (including administration of the Profile) at any time at our own discretion.
- We may change or discontinue any of our services, including Business Services. In addition, Our Only Home reserves the right to remove any Profile on the Business Services at any time without notice, including all, or part of, the Profile’s content.
- We may modify the Profile in accordance with our policies. For example, we may modify the Organization name on the Profile and add clarification statements to the Profile to address member confusion or conflicting trademark rights. In addition, we may (a) restrict any name change and have no obligations to perform any change, merger or other request, and (b) determine how name changes will be represented on profiles and on other references to the Organization on Our Only Home services.
- We are not obligated to publish any information or content on our Business Services (or other services) and can remove it in our sole discretion, with or without notice. Our Only Home may be required by law to remove certain information or content in certain countries.
- We do not promise to store or keep showing any information and content that You have posted. We have no obligation to store, maintain or provide You a copy of any content or information that You or others provide, except to the extent required by applicable laws and as noted in our Privacy Policy.
5. Modification and Termination
5.1 Modification of Contract. We may modify this Contract from time to time. If we make material changes to the Contract, we will attempt to provide You notice through our Business Services (or by other means) to provide You the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If You object to any changes, You may terminate Your agreement to this Contract (in accordance with Section 5.2); however if You do not terminate Your agreement to this Contract, Your continued use of our Business Services after we publish or otherwise notify You about our changes to these terms means that You are consenting to the updated terms.
5.2 Termination of Contract. If You wish to terminate this Contract, at any time You can do so by (1) removing all NGO-representatives of the Profile, including Yourself (and others, if applicable); (2) deactivating the Profile; (3) if you are the only NGO-representative, closing your Our Only Home account; and/or (4) notifying Our Only Home through Contact Us. Our Only Home has no obligation to de-activate the Profile (even after termination). Our Only Home may terminate this Contract by de-activating the Profile and/or by providing notice to at least one NGO-representative or otherwise to the Organization. Sections 2.4-10 survive termination.
6. Warranty Disclaimer
Our Only Home MAKES NO REPRESENTATION OR WARRANTY ABOUT THE BUSINESS SERVICES, INCLUDING ANY REPRESENTATION THAT THE BUSINESS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, Our Only Home DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. Limitation of Liability
7.1 DAMAGES WAIVER. SUBJECT TO SECTION 7.3, TO THE FULLEST EXTENT PERMITTED BY LAW, Our Only Home WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THE BUSINESS SERVICES FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
7.2 LIABILITY CAP. SUBJECT TO SECTION 7.3, TO THE FULLEST EXTENT PERMITTED BY LAW, Our Only Home WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THE BUSINESS SERVICES FOR AN AMOUNT THAT EXCEEDS €500 EUR.
7.3 EXCLUSIONS. THE LIMITATIONS OF LIABILITY STATED IN SECTIONS 7.1 AND 7.2 DO NOT APPLY TO Our Only Home’S LIABILITY FOR FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OR ITS LIABILITY FOR DEATH OR PERSONAL INJURY.
8. Entity and Dispute Resolution
8.1 Our Only Home Entity. You are entering into this Contract with Our Only Home ApS, Ved Sønderport 5, 2300, Copenhagen, Denmark.
8.2 Governing Law. If an issue arises under this Contract and the contracting Our Only Home entity is (a) Our Only Home ApS, then this Contract is governed by Danish law, and any action or proceeding (including those arising from non-contractual disputes or claims) related to this Contract will be brought in a court in Denmark. The prevailing party in any litigation may seek to recover its legal fees and costs.
9. Miscellaneous
You may not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding of any person relating to the subject matter of the Contract, other than as stated in the Contract. We may notify you within the Business Services or via the contact information of one or more NGO-representatives provided us (e.g., email, mobile number, physical address of any NGO-representative and/or Organization). You agree to keep your contact information up to date. If we do not act to enforce a breach of this Contract, that does not mean that Our Only Home has waived its right to enforce this Contract. The Contract does not create a partnership, agency relationship, or joint venture between the parties. Neither party has the power or authority to bind the other or to create any obligation or responsibility on behalf of the other. Under no circumstances will any employee of one party be deemed to be the employee of the other. You may not assign this Contract in whole or in part without Our Only Home’s prior written consent. Any attempted assignment in violation of this restriction is void. The Contract shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. If the Contract is translated into a language other than English, the translation is for convenience only, and the English language version will govern. Our Only Home may remotely monitor Your use of the Business Services to ensure compliance with the Contract. If any provision of the Contract is unenforceable, that provision will be modified to render it enforceable to the extent possible to give effect to the parties’ intentions and the remaining provisions will not be affected.