Terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING IMD’S WEBSITE https://givingday.imd.org/

Terms and Conditions

Welcome to IMD - International Institute for Management Development website for the Giving Day 2021. We are a foundation duly organized and validly existing under the laws of Switzerland with registered office at chemin de Bellerive 23, 1007 Lausanne, Switzerland (“IMD”).

Your use of this website, whether as a guest or a registered user, is subject to the following legal terms and conditions, which are effective and binding between you and IMD. Use of IMD’s website includes accessing, browsing, or registering to use IMD's website. Please read these terms and conditions carefully before you start to use IMD's website, as these will apply to your use of IMD's website. If you do not wish to be bound by these terms and conditions, you should not continue to use or access IMD's website. IMD recommends that you print a copy of these terms and conditions, or save them to your computer, for future reference.

IMD’s website is provided by IMD’s third party service provider, Sponsorcraft Ltd, on behalf of IMD, and these terms and conditions operate between you and IMD only. Sponsorcraft Ltd has no contractual relationship with you, except in relation to any third-party rights which Sponsorcraft Ltd may enforce under this contract. Your attention is drawn to the paragraph immediately below and the paragraphs entitled “Fundraising”, “Payments and fees”.

Your use of any other services or websites which are provided by a third party, including any third party services or websites which IMD’s website links to (including other services or websites operated by Sponsorcraft Ltd), is subject to the legal terms which govern usage of those other services, and IMD has no responsibility whatsoever for such usage.

The terms and conditions set out in this document form a legally binding agreement between you and IMD in relation to your use of this website. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”. These Terms, and the contract between you and IMD, are only in the English language. IMD considers that these Terms, together with IMD's Privacy Policy (https://www.imd.org/settings/privacy/), your request to register as a user of the Site, and any other terms relating to fees or other matters which are agreed to in writing by you and IMD, constitute the whole agreement between you and IMD.

The term ‘Ambassador’ means any registered member of IMD involved in the promotion of social sharing messages.

The term ‘Donor’ means any organisation or individual contributing financially to a fundraising project.

The term 'Content' means any content, including (but not limited to) videos, audio clips, text, software, pictures and other features and information which IMD has made available in the Site.

The “Site” means IMD’s https://givingday.imd.org/.

Accepting the Terms

In order to use the Site, you must firstly agree to the Terms. By using the Site, you confirm that you accept the Terms and that you agree to comply with them. If you do not agree to the Terms, you must not use the Site. You can accept the Terms by actually using the Site. Accordingly, you understand and agree that IMD will treat your use of the Site as acceptance of the Terms from that point onwards, which also incorporate the Privacy Policy , and all other operating rules, policies and procedures that may be published from time to time on the Site by IMD, each of which is incorporated by reference and each of which may be updated by IMD from time to time without notice to you. In the event of any inconsistency or conflict between the terms, the Privacy Policy, the Terms shall have priority.

The Site shall be used only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract, and that all registration information you submit is truthful and correct. IMD reserves the right to change its eligibility criteria at any time without notice and for any reason. You may not use the Site and may not accept the Terms if: (a) you are not of legal age to form a binding contract with IMD; (b) you are not normally resident in the country from which you use the Site; or (c) you are a person not allowed to receive or use the Site under the laws of the country in which you are resident or from which you use the Site

For any questions about donating to a fundraising project with IMD, please contact donorsupport@imd.org".

Changes to the Terms

IMD reserves the right to alter or replace the Terms, or to change, suspend or discontinue the Site at any time, by posting on the Site or by sending you an email. You agree that IMD may limit the use of the Site or restrict your access to parts or all of the Site without notice or liability. It is your responsibility to check the Terms periodically for changes, as they are binding on you. You agree that in continuing to use the Site following the posting of any changes to the Terms such continued use constitutes acceptance of those changes.

Conduct

You agree to use the Site responsibly and legally and not to use the Site for any purpose that is prohibited by the Terms. The Site may be used either for your use in relation to being an Ambassador or in relation to the fundraising initiative during the IMD’s “Giving Day”. You are responsible for all of your activity in connection with the use of the Site.

Under the Terms you are prohibited from taking any action in relation to your use of the Site which:

  • infringes any patent, trademark, copyright, right of publicity or other such right of any other person or entity or violates any law or contractual duty;
  • is false, misleading or inaccurate;
  • is obscene, offensive, or unlawful in any way;
  • constitutes spam, junk mail or advertising which has not been authorised in writing by IMD; results in software viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful interfering with, damaging or destroying the proper function of the Site; or impersonates any person or entity, including any employee or representative of IMD

Additionally, you agree not to:

  • take any action that imposes or may impose (as determined by IMD in its sole discretion) an unreasonable or disproportionately large load on Sponsorcraft Ltd’s infrastructure;
  • engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site), including (but not limited to) attacking the Site via a denial-of-service attack or a distributed denial-of service attack;
  • access (or attempt to access) the Site by any means other than through the interface that is provided by IMD via Sponsorcraft Ltd, unless you have been specifically allowed to do so in a separate agreement with IMD. You specifically agree not to access (or attempt to access) the Site through any automated means (including use of scripts or web crawlers) and agree not to run any form of spam or auto-responder on the Site.

If you breach this provision, you may be committing a criminal offence. IMD will report any such breach to the relevant law enforcement authorities and IMD will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

IMD does not guarantee that any Content will be made available on or through the Site. IMD has no obligation to monitor the Site or content. However, IMD reserves the right to remove, edit or modify any Content in its sole discretion from the Site at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if IMD is concerned that you may have violated the Terms).

You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

Registration

In order to use parts of the Site, you may be required to register with IMD and select a password and “user name”. You shall not:

  • create or use as a user name the name of another person with the intention of impersonating that person;
  • use as a user name a name which is subject to any rights of a person other than you without appropriate authorisation; or
  • use as a user name a name which is offensive or inflammatory as deemed by IMD in its sole discretion.

IMD reserves the right to refuse registration of or to cancel a user name in its sole discretion and to disable any user name or password, at any time, if in its reasonable opinion you have failed to comply with any of the provisions of the Terms. You agree not to use another user’s account without such other user’s express permission.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Site. You must not disclose this information to any third party. If you become aware of any unauthorized use of your password or of your account, you agree to notify IMD immediately by email to donorsupport@imd.org".

Accordingly, you agree that you are solely responsible for all activities that occur under your account.

Sponsorcraft Ltd reserves the right to refuse registration of or to cancel a user name in its sole discretion. You agree not to use another user’s account without such other user’s express permission.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Site. If you become aware of any unauthorized use of your password or of your account, you agree to notify Sponsorcraft Ltd immediately in writing.

Accordingly, you agree that you are solely responsible for all activities that occur under your account.

Fundraising

IMD shall not be liable for your interactions with any organisations, Donors or individuals found on or through the Site. IMD does not warrant that Donors’ donations will be used for any particular purpose.

Payments and fees - Stripe

All donations are collected via Stripe. Neither IMD nor Sponsorcraft Ltd is responsible for the performance or fairness of Stripe. The Stripe Service (debit / credit card payments) is a payment service which allows IMD to accept and process credit card, debit card and other types of card payments from their donors. Please visit Stripe’s fees page for more information on their costs.

Third party websites

The Site may contain links to other websites or resources on the Internet, and other websites or resources may contain links to the Site. You acknowledge that IMD is not responsible or liable for the content or any aspect of such third-party websites and you use them at your own risk. The fact that IMD provides links to certain third-party websites does not in any way constitute endorsement of or association with such websites by IMD. Furthermore, you acknowledge and agree that IMD shall not be responsible or liable for any damage or loss caused by your use of any such website or resource.

Linking to the Site

You may link to any page of the Site, provided you do so in a way that is fair and legal and does not damage IMD’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on IMD’s part where none exists. You must not establish a link to the Site in any website that is not owned by you. The Site must not be framed on any other site. IMD reserves the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content requirements set out in these Terms. If you wish to make any use of content on the Site other than that set out above, please contact.

Content

You should be aware that Content presented to you as part of the Site may be protected by intellectual property rights which are owned by those who provide Content to IMD (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by IMD, in a separate agreement.

IMD reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any part of the Site.

Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the Terms. You warrant that any such contribution does comply with the Terms, and you will be liable to IMD and indemnify IMD for any breach of that warranty. This means you will be responsible for any loss or damage which IMD suffers as a result of your breach of warranty.

No Content is intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Site.

The views expressed by other users on the Site do not represent IMD's views or values.

Licence from IMD

IMD gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Content provided to you by IMD as part of the Site. This licence is for the sole purpose of enabling you to use the Site as provided by IMD, in the manner permitted by the Terms. Use, reproduction, modification, distribution or storage of any part of the Site (including any Content) other than for personal, non-commercial use is expressly prohibited without prior written permission from IMD

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any part of the Site, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by IMD in writing.

Unless IMD has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Site, grant a security interest in or over your rights to use the Site, or otherwise transfer any part of your rights to use, or obligations in relation to, the Site.

Content licence from you

You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Site. By submitting, posting or displaying the Content you give IMD a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on, or through, the Site. This licence is for the sole purpose of enabling IMD to display, distribute and promote the Site.

You understand that IMD, in performing the required technical steps to provide the Site to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit IMD to take these actions.

You confirm and warrant to IMD that you have all the rights, power and authority necessary to grant the above licence. Other than the limited licence set out above, IMD acknowledges and agrees that it obtains no right, title or interest from you under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Site, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with IMD, you agree that you are responsible for protecting and enforcing those rights and that IMD has no obligation to do so on your behalf.

Copyright issues

It is IMD's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminate the accounts of repeat infringers.

You must not reproduce our logo or intellectual property without our express written permission.

If you wish to make an inquiry or report a copyright infringement, you can do so by contacting us either by post to do so by contacting us by email to privacy@imd.org.

Termination

IMD reserves the right to terminate your account or restrict access to all or any part of the Site at any time without notice or cause and such termination and/or restriction will be effective immediately. This may result in the forfeiture and destruction of all information and/or Content associated with your membership. If you wish to terminate your account at any time, please contact us by email at donorsupport@imd.org". IMD will effect the termination of your account, and remove your information from the Site, as soon as reasonably possible.

When the supply of the Site to you is terminated, for whatever reason, certain legal rights, obligations and liabilities that you and IMD have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation and shall continue to have full force and effect. These include (but are not limited to) your obligations in relation to conduct, content, intellectual property rights, payment and indemnification, and IMD’s rights in relation to payment, content, intellectual property rights, warranty disclaimer, limitation of liability and indemnification. The “General Legal Terms” section near the end of this document shall also continue to have full force and effect.

Warranty Disclaimer

You agree and acknowledge that IMD has no special relationship with or fiduciary duty to you. You acknowledge that Sponsorcraft Ltd cannot control, nor has it any obligation to act in relation to:

  • the way in which you utilise the Content;
  • what Content you access via the Site;
  • the impact the Content may or may not have on you;
  • which users gains access to the Site; or
  • what actions you may take as a result of having been exposed to the Content.

You agree that IMD is not liable for you having acquired or not acquired Content through the Site. IMD does not guarantee that the Site, or any Content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. IMD may suspend, withdraw, discontinue or change all or any part of the Site without notice. IMD will not be liable to you if for any reason the Site is unavailable at any time or for any period. The Site is provided "as is" and "as available" and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. IMD, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the Site will be secure or available at any particular time or location; (b) the Site, or any Content on it, will be free from errors or omissions; (c) the Content on the Site is accurate, complete or up-to-date; (d) any defects or errors will be corrected; (e) any content or software available at or through the Site is free of viruses or other harmful components; or (f) the results of using the Site will meet your requirements. Your use of the Site is solely at your own risk.

Indemnification

In the event that any action you take in relation to the Site constitutes an infringement by you or anyone else using your account of any intellectual property rights whatsoever, or constitutes defamation or the abuse of another user’s privacy, , you shall defend, indemnify and hold unaccountable IMD, its employees, directors, Sponsorcraft Ltd and all other parties associated with IMD from such claims, liabilities and expenses. This means you will be responsible for any loss or damage which IMD suffers as a result of any such action. IMD reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate fully with IMD in asserting any available defences.

Limitation of Liability

Nothing in these Terms excludes or limits IMD’s liability for death or personal injury arising from IMD’s negligence, omits, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the applicable law.

Whether you are a Donor or an Ambassador, you agree not to use the Site for any commercial or business purposes, and IMD has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

IMD is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of IMD’s breach of the Terms or if it was contemplated by you and IMD at the time we entered into this contract. IMD shall not be liable for any damage whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

  • Use of, or inability to use, the Site;
  • use of or reliance on any Content displayed on the Site;
  • data loss, cost of procurement of substitute goods or services, consequential damages of any kind whatsoever, substitute goods or services (however arising); or
  • a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.

Electronic notification policy

By using the Site, you consent to receiving from IMD all communications including notices, agreements, legally required disclosures or other information in connection with the Site (collectively, "Contract Notices") electronically. IMD may provide such electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Site.

Customer service

If you wish to make an inquiry or complaint, you can do so by email at donorsupport@imd.org.

General legal terms

You agree that IMD may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Site.

IMD may transfer its rights and obligations under the Terms to another organisation, and IMD will always notify you in writing if this happens, but this will not affect your rights or IMD’s obligations under the Terms.

You agree that if IMD does not exercise or enforce, or delays in exercising or enforcing, any legal right or remedy which is contained in the Terms (or which IMD has the benefit of under any applicable law), this will not be taken to be a formal waiver of IMD’s rights and that those rights or remedies will still be available to IMD (and does not mean that you do not have to comply with your obligations). If IMD does waive a default by you, IMD will only do so in writing, and that will not mean that IMD will automatically waive any later default by you.

This contract is between you and IMD. A person who is not a party to the Terms has no right to rely on or enforce any of the Terms.

Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Your statutory rights as a consumer are unaffected by the Terms and you may have rights under statute additional to those granted by the Terms.

Where the words "in writing" appear in the Terms, this includes email. If you wish to contact IMD in writing, or if any provision in the Terms requires you to give IMD notice in writing, you can send this to IMD by e-mail to privacy@imd.org

Governing Law

The Terms, and your relationship with IMD under the Terms (including the subject-matter of the Terms and the formation of the contract, and any contractual or non-contractual dispute associated with your use of the Site), are governed by the law of Switzerland. You and IMD agree that the courts of Lausanne, Switzerland shall have non-exclusive jurisdiction to resolve any such dispute. Notwithstanding this, you agree that IMD shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Effective Date: 01 November 2021