fundstakPRO Customer Agreement

These Terms of Use govern your use of the websites and services (together, the “Services”) of Vurke, Inc., a Delaware corporation (together with its affiliates). By using the Services, you agree to be bound by these Terms of Use, our Privacy Policy, all applicable laws and all conditions or policies referenced here (collectively, the “Terms”). Vurke may amend the Terms at any time by posting a revised version of the Terms on our website. Your access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

Definitions
1. “fundstak” means the fundraising platform owned and operated by Vurke at www.fundstak.com and blog.fundstak.com.
2. “fundstakPRO” is a white labelled version of fundstak that contains virtually no fundstak and or Vurke branding and is branded with Client branding.
3. “User” is a person who has registered an fundstakPRO account.
4. “Project(s)” means a single or multiple fundraisers that Client publishes on fundstakPRO to raise money online.
5. “Creator” is the Client’s User who creates a Project in fundstakPRO.
6. “Beneficiary” is the person or organization that receives the funds raised on fundstakPRO for all Projects which is the Client.
7. “Backer(s)” are the Users who Donate to a Project on fundstakPRO.
8. “Social Project” means a fund raising project that receives Donations from Users.
9. “Donation” is when Backer donates to a Social Project for nothing in return.
10. “Client Project Manager” means the single point of contact for all Project(s) matters from the Client side.
11. “Payment Platform” means the different Payment Platform(s) available for use to the Backers to donate to Projects on fundstakPRO.
12. “Payment Platform Provider(s)” are the business organizations who operate the Payment Platforms.
13. “Payment Platform Provider Charges” are the charges that Payment Platform Providers charge for the use of their Payment Platforms.
14. “Fee” are the Vurke charges for using the fundstakPRO service to be paid by the Client.
15. “Chargeback” is when a transaction is reversed by the Payment Platform Providers due to but not limited to fraud.
16. “Intellectual Property Rights” means all current and future copyright, patents, trademarks, service marks or rights in databases, inventions or trade secrets, know-how, rights in designs, topographies, trade and business names, domain names, marks and devices (whether or not registered) and all other rights and applications for any of those rights (where such applications can be made) capable of protection in any relevant country of the world.
17. “Confidential Information” means such Information which is of proprietary and/or confidential nature according to the Party disclosing such information and which may include personal information required for verification.
Client Obligations
1. Client is solely responsible for the information they publish and send via fundstakPRO.
2. Client shall alert Vurke about any unauthorized use of its User Accounts or Donor(s).
3. Client allows Vurke to use anonymous aggregate data to enable Vurke to offer a better service in the future.
4. Client will not accept payments on fundstakPRO to purchase weapons, including replicas and collectible items, or ammunition.
5. Client shall refrain from the following prohibited activities on fundstakPRO that:
  1. relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law.
  2. relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or (g) provide certain credit repair or debt settlement services.
    involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
  3. violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices.
  4. involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Vurke and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
6. Client agrees to receive all communication from Vurke and fundstakPRO and shall not report Vurke or fundstakPRO or both to any Black Listing Service.
Commercials
1. 1. Client agrees to pay Vurke the agreed monthly fee (if any) and a percentage fee for every transaction (online and offline) that is processed using fundstakPRO.
  2. Vurke is not liable for any tax obligations on the funds raised or the amounts deducted by Payment Platform Providers or other 3rd parties.
  3. Client is responsible for all Chargebacks and chargeback related charges.
  4. If a Payment Platform supports a model in which the Fee can be deducted on every transaction that is successful then the Fee shall be deducted on success with Vurke getting its Fee and the Client getting its Donation minus the Fee.
  5. Vurke shall bill the Client for Fee monthly.
  6. Additional customization in portal will be charged, depending upon the effort required for customization.
Intellectual property rights: Unless otherwise specifically agreed, the customized Software Applications together with all the Intellectual Property Rights, proprietary and other rights therein and including all copies made thereof shall at all times and for all purposes, be the exclusive property of and shall at all times be and remain vested in Vurke. Nothing in this Agreement shall be construed to create or vest in the Client any right, title or interest of any nature other than those specifically granted/enumerated under the terms of this Agreement in respect of the aforesaid Software Applications.
Cooperation and access
1. Client will assign a Client Project Manager from its end who will be the sole point of contact for Vurke
2. Client shall ensure that the Vurke staff gets complete cooperation from the Client Project Manager for operational purposes.
3. Vurke may take off Client Project(s) from fundstakPRO and or suspend Project activity if there are copyright, trademark, local, ethical violations or suspicion of fraud without giving any notice to the Client.
Indemnity
1. Client agrees to defend, indemnify and hold harmless Vurke, its employees and affiliates against any and all claims and expenses, including attorneys’ fees, costs, and disbursements, arising out Client Projects or use of the fundstakPRO website, including but not limited to, out of Clients violation of any representation or warranty contained in this Agreement. In the event of a claim such as one described in this paragraph, Vurke may elect to settle with the party/parties making the claim with the Client being liable for the damages.
Limitation of liability
1. In no event may Vurke aggregate liability under any and all causes of action exceed the sum of the Fee received from the Client, which both parties agree to be a reasonable limitation.
2. Vurke shall not be liable for any indirect, exemplary, special, punitive, consequential or incidental loss, damage, claims, liabilities, charges, costs, expense or injury (including, without limitation, loss of use, data, revenue, profits, business and for any claims of Client or other third parties claiming through the Client) that may arise out of or be caused in connection with or result from Agreement and other obligations undertaken under the terms of this Agreement.
3. For Jurisdictions that do not allow Vurke to limit its liability: Notwithstanding any provision of these Terms, if Client jurisdiction has provisions specific to waiver or liability that conflict with the above then Vurke’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, Vurke does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future
Indemnity for breach: The defaulting Party agrees and undertakes to indemnify and hold the non-defaulting Party harmless from any loss, damage, claims, liabilities, charges, costs, or expense (including reasonable attorneys’ fees), that may arise or be caused or result by reason of any breach, failure, delay, impropriety or irregularity on its part to observe, adhere to, abide by or comply with any of the terms and conditions of the Agreement, and to defend, at its own expense any suits, action, claim, litigation or other proceedings brought against the non-defaulting Party and/or its directors, officers, agents, servants, affiliates, and employees, or any of them, on account thereof, and to pay all expenses and satisfy all judgments which may be incurred by or rendered against them in connection therewith. However, the defaulting Party shall have the right to settle any such suits, action, claim, litigation or other proceedings against which it indemnifies herein.
Term & Termination
1. This Agreement shall commence on the Effective Date and shall remain in force for one (1) year and shall renew automatically for subsequent one (1) year periods, unless terminated earlier in accordance with the terms of this Agreement.
2. Either party may terminate this Agreement by giving a 3 months advance notice in advance to Vurke.
3. Upon termination of the Agreement for any reason whatsoever:
  1. Client Users shall not have access to fundstakPRO.
  2. Backers shall not be able to Donate to Projects on fundstakPRO.
Dispute resolution: Any dispute or difference arising out of this Agreement not solved through reasonable discussion and negotiation, shall be referred to the arbitration of a person to be agreed between Vurke and the client. The Arbitration shall be carried out in Delaware, United States as per the prevailing laws of Arbitration in the United States. Failing arbitration, the dispute shall be referred to a court of competent jurisdiction in Delaware, United States. US law governs this Agreement without regard to its choice of law principles and the parties submit to personal jurisdiction and venue in the state of Delaware, United States and its courts.
Jurisdiction: The parties submit to personal jurisdiction and venue in Delaware, United States and its courts.
Force majeure
1. Neither Party shall be liable to the other if, and to the extent, that the undertaking or performance or delay in undertaking or performance of any of its activities, duties, obligations or functions under the Agreement is prevented, restricted, delayed or interfered with, due to circumstances beyond the Party’s reasonable control. The “Force Majeure Event” includes acts of any governmental authority, war, armed conflict, hostile attack, insurrections, riot, sabotage, blockage, embargo, fire, flood, earthquake, typhoon, epidemic or other natural calamity or strike or other labour disturbance, acts of government and/or shortage of materials. However the preceding event (s) should continue for more than one (1) day in order to be classified as a Force Majeure Event.
2. The Party claiming Force Majeure Event shall promptly notify the other Party in writing of such an event, through a “Force Majeure Notice” giving details thereof. If such an event continues for more than 90 (ninety) days continuously then either Party may terminate the Agreement in compliance with the “Termination” clause of this Agreement.
A special note to regulatory agencies: Vurke does not engage in any solicitation activities; such activities may be carried out by Users. Please report all legal concerns to legal@fundstak.com immediately if you feel that any law is being violated by Users.
Representation and warranties
1. VURKE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF THE FUNDSTAKPRO SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. CLIENT AGREES THAT THEY ARE RELEASING VURKE FROM ANY LIABILITY THAT VURKE MAY OTHERWISE HAVE TO CLIENT IN RELATION TO OR ARISING FROM THIS AGREEMENT OR VURKE PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF THE FUNDSTAKPRO SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, CLIENT AGREES THAT VURKE IS ONLY LIABLE TO CLIENT FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
2. CLIENT AGREES THAT VURKE IS NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH THE FUNDSTAKPRO WEBSITE. THIS INCLUDES ANY FAILURE OF ANY GOODS OR SERVICES TO MEET CLIENT EXPECTATIONS.
3. VURKE IS NOT RESPONSIBLE FOR ANY THIRD PARTY CHARITABLE OFFERS THAT MAY TURN OUT TO BE FRAUDULENT, IRRESPONSIBLE, OR OTHERWISE ADVERTISED IN BAD FAITH.
4. VURKE IS NOT RESPONSIBLE FOR ANY FAILURES ON THE PART OF PAYMENT PLATFORM PROVIDERS.
5. VURKE IS NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF VURKE OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO FUNDSTAKPRO WEBSITE TEMPORARILY OR PERMANENTLY.
6. THE PROVISION OF THE FUNDSTAKPRO SERVICE TO THE CLIENT IS CONTINGENT ON CLIENTS AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
Contact us: If you have any questions about these Terms, the practices of this site, or your dealings with this Website or complaints, please contact us at support@fundstak.com or at 501 Silverside Rd, Suite 105, #3243, Wilmington, DE 19809, USA Attention or Subject Line: Terms of Use/Legal Department.