Terms & Conditions

Terms of Use

Last Updated / Effective Date: 06/08/2016

 

Summary

Welcome to the Pugoka.com website (the “Pugoka Website”) operated by Pugoka LLC (“Pugoka,” “we,”, or “us”). By using the Pugoka Website, you acknowledge that you have read and agree to be bound by the following Terms of Use (the “Terms”) and by our Privacy Policy available at http://www.pugoka.com/privacy-policy/, which is incorporated here by reference, and by all technical specifications, rules of operation, and security procedures, and any other terms and conditions set forth by Pugoka from time to time by posting from a link on the Pugoka Website. You agree to be bound by such revised terms as they may be posted from to time. Nothing in these Terms may be construed to create or confer any rights on third party beneficiaries. If you do not agree to any of the terms and conditions set forth herein, you may not use the Pugoka Website.

Who We Are

Pugoka,LLC (Pumping Good Karma) sells products from local artisans and allows crowdfunding for humanitarian projects. Pugoka will give 10% of a sale proceeds  directly to fund a humanitarian project in a third world country. We will show you where and to whom your money is going to through updates on the projects as they develop. These projects will be carefully selected and will be chosen on necessity and impact the project will make in someone’s life, family and community. Pugoka will partner with NGO’s to reach and help as many disadvantaged people as we can. Our main goal is to create opportunities for people in poor countries and by buying products from Pugoka you will not only support families and artisans that need employment but you will also support projects that will help families and communities to break out of the cycle of poverty.

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Payments

Our payments are processed by Paypal. By using this provider you agree to all their terms and conditions and acceptable use policies. Please read the link below for their for Paypals Acceptable Use Policies:

https://www.paypal.com/webapps/mpp/ua/acceptableuse-full?country.x=US&locale.x=en_US

Crowdfunding

Project Eligibility and Registration

We will work with non-profit organizations and people that share our values and our vision. In order to create a project you must be first approved by us. If you choose to create an account with us and become a member, you will be asked to provide an email address and password. We will ask you to provide certain personal information, such as first name, last name, and email address, in creating your user profile. Once created, the user profile will be viewable by the general public.

You are responsible for all activities occurring under your email address and for keeping your login and password secure. We may refuse to grant you access with a login that (a) impersonates someone else, (b) may be protected by trademark or proprietary rights law, or (c) is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. Any attempt to access restricted areas without authorization is prohibited. You agree that if you become aware of any unauthorized use of your password or other security breach, you will notify us immediately by emailing info@pugoka.com

Fundraising on Pugoka

The Pugoka Website will have pages featuring  projects from registered charities  as well as change makers wanting to create a positive change for the disadvataged. The existence of these pages on the Pugoka Website does not constitute as solicitation of donations; Pugoka does not engage in any solicitation activities on behalf of any Registered Charity or person.

Creating Fundraisers

As a registered user, you may use the Pugoka Website to fundraise for a cause of your choosing. Every fundraiser will be pre-approved by us before going live to make sure that your fundraiser comply if all terms and requirements.  In creating any Fundraiser through the Pugoka Website:

  • You agree to provide true, accurate, and complete information.
  • You agree that you are solely liable and responsible for all actions taken under your user account.
  • You agree that you do not have authority to act on behalf of, speak for, or obligate Pugoka in any manner, except to use authorized Pugokaonline tools and materials to raise funds through the Pugoka

Rules for Fundraisers

  • You agree and acknowledge that if you create a Charity Fundraiser, you are fundraising on the Pugoka Website solely at your own volition as an independent volunteer and that you will not be compensated by any other party for your fundraising activities you conduct on the Pugoka
  • You agree to accurately promote any charity events or activities in accordance with these Terms.
  • You agree not to sell any goods or services, including raffles or sweepstakes, in exchange for donations in accordance with these Terms.
  • You agree to ensure all contributions are used in accordance with the description you post on your page
  • You are solely responsible for any tax implications(if applied) resulting from contributions received through your Fundraiser.

Limited License and Acceptable Use

Pugoka  hereby grants you a limited, non-exclusive license to create fundraisers on the Pugoka  Website and to use the photos, videos, graphics, information, other online tools and resources, and related services available on the Pugoka Website (collectively, the “Tools”) solely in accordance with these Term of Use for the purpose of raising contributions for the cause advertised on your fundraising page.

Donating on Pugoka

Taxes

Donations made on the Pugoka Website in support of Registered Charities, Projects of Registered Charities, or Charity Fundraisers (collectively, “Charitable Causes”) are non refundable and Pugoka is not responsible for providing tax-deductible receipts.  If you need a tax deductible receipt please contact the charity to wish you will be contributing to.

Contributions

You acknowledge that donations made on the Pugoka Website are processed by a designated independent payment processor (the “Processor”), and not Pugoka. All such contributions are non-refundable by Pugoka and are made in your sole discretion and at your sole risk based on your sole determination and evaluation of the cause. You are solely responsible for determining the tax deductibility of any contribution. Your contribution to a Personal Cause is subject to the Processor’s terms of use. Pugoka is not liable or responsible for any errors or omissions caused by the Processor or failures on part of the Processor. Pugoka’s platform fee for contributions to projects is 4.0% plus 2.9% and $0.30 credit card processing fee (Paypal fees, these fees are subject to change depending on the place where the contribution is made).

Credit Card Anti-Laundering Policy

Only the authorized credit card holder may donate on the Pugoka Website. A third party may not use the donor’s card information or enter donations on behalf of the donor. This practice is known as “credit card laundering” and violates Visa and MasterCard usage agreements. Pugoka  may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the Pugoka Website, for the authorized credit card holder to utilize in order to make a donation.

Payments

Our payments are processed by Stripe. By using this provider you agree to all their terms and conditions and acceptable use policies. Please read the link below for their for Stripes Acceptable Use Policies.

No Goods and Services in Exchange for Donations to Charitable Causes

Federal law prohibits charities from promising or providing goods and services (e.g., tickets to events or raffles) in exchange for making a donation to a charity. Charities may only accept pure contributions and not part gift and part sale transactions.

Conduct and Content on Pugoka

Website Content and Intellectual Property

Website Content

The intellectual property rights, including but not limited to copyright, trademark, patent, trade dress, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the Pugoka Website and all Tools, and that is used by Pugoka, including but not limited to, information, text, data, photographs, audio, video, images, graphics, documents, logos, and other content, associated technology and software, and the look and feel of the Pugoka  Website (collectively, “Website Content”), are owned by Pugoka or its licensors. Except as expressly permitted in these Terms, you agree not to copy, alter, frame, distribute, publish, sell, prepare derivative works based on, or commercially exploit the Tools and/or any Website Content, without express written permission from Pugoka or its licensors.

Use of Logos

In order to use a logo you have to have an appropriate license directly from the Company or Charity.

Appropriate User Conduct

The services you are receiving from Pugoka are provided for personal use to promote grassroots generosity and philanthropic charity. No one may use these services or the Pugoka Website for any commercial purpose, or for any other purpose without our prior written consent.

You may not use the services provided by Pugoka or the Pugoka Website for any illegal or unauthorized purpose. While using the Pugoka Website, you must comply with all applicable domestic and international laws, statutes, ordinances, and regulations.

Appropriate User Content

The Pugoka Website may allow you and other users to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “User Content”). Pugoka permits you to use the Pugoka Website, the Tools, and the services provided by Pugoka subject to your acknowledging and agreeing to the following conditions:

User Content posted by yourself and other users of the Pugoka Website does not necessarily reflect our views.

We will seek to remove or edit, with or without notice to you, any User Content that we deem to be unlawful, obscene, or in violation of these Terms. We may, but are not obligated to, remove any other User Content that we determine in our sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringe or violate any party’s intellectual property or other proprietary rights. Our failure to block or remove any User Content, however, is not a warranty, endorsement, representation, or guarantee regarding such User Content.

The posting of User Content on the Fundraising Page is solely the responsibility of each Fundraiser. Pugoka does not assume responsibility for the accuracy of any information, ideas or opinions posted by users and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.

You have sole responsibility for your User Content and the consequences of posting User Content to the Pugoka Website. You bear sole responsibility for the consequences of posting User Content.

You agree that the User Content will accurately describe the collection and intended use of contributions made via the Pugoka Website.

You represent and warrant that your User Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party, including but not limited to that of Registered Charities on the Pugoka Website

You agree not to:

  • advertise or sell any goods or service. This includes your agreeing not to upload to, post, share, or otherwise publish through the Pugoka Website any content that is commercial in nature, including but not limited to promotional material, advertising, or solicitation for goods or services (other than materials that directly further your charitable fundraising);
  • operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;
  • upload, post or distribute any User Content which, in Pugoka’s sole determination, is false, indecent, defamatory, disparaging to the reputation of any individual or business, obscene, offensive, threatening, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, denigrating, insensitive, pornographic or sexually oriented, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, and/or violate the rights of any party or any law;

You agree not to engage in any conduct that:

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or offensive descriptions of sexual matters;
  • encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
  • violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • impersonates any person, business or entity, including Pugoka, or its employees and agents;
  • violates these Terms or any other policy posted on the Pugoka Website; or
  • interferes with others’ use of the Pugoka Website or the services provided by Pugoka.

By posting, uploading or otherwise sharing your User Content on the Pugoka Website, you:

  • grant to Pugoka a perpetual, non-exclusive, royalty-free, license to use the User Content for all purposes in furtherance of its purpose and mission, including but not limited to: displaying on the Pugoka Website, sublicensing to a Featured Charity, creating derivative works based on the User Content, and/or other uses for promoting a Featured Charity;
  • permit, but not require, Pugoka to identify you as the provider of such User Content;
  • represent and warrant that you have all necessary rights to grant the foregoing permissions; and
  • grant to Pugoka and other users of the Pugoka Website the right to access, display, view, store, and/or download such User Content, and post or forward such User Content to others.

You agree that Pugoka has no liability or responsibility for the storage or deletion of any User Content that you submit or post, or emails you send through the Pugoka Website.

You also agree not to upload, distribute, or otherwise publish any User Content to or through the Pugoka Website that:

  • contain any virus, spyware, worm, Trojan horse, or other computer malware, or post any other materials that may damage the operation of a computer;
  • uses any means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Pugoka Website;
  • constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement, or the like;
  • promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters or the like;
  • contain any private, personally identifiable, financial, confidential, or proprietary information of another individual or entity without their written express permission.

Additional Legal Provisions

Disclaimer of Warranties

The Pugoka Website and Tools are provided to you “as is” without warranty of any kind. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of any Website Content or Tools, or other information or materials displayed on the Pugoka Website. We also expressly disclaim to the fullest extent permitted by law any and all responsibility and liability for the conduct of any charity, any other Volunteer Fundraiser, and any donor. Pugoka hereby disclaims all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties. Pugoka is not engaged in the provision of legal, tax, or other professional advice or services. If you are in need of such services, you should contact the appropriate licensed and qualified professional.

Liability Limitation

YOU AGREE THAT PUGOKA, NOR ANY OF THEIR AFFILIATES WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO: THE PUGOKA WEBSITE OR THE SERVICES PROVIDED BY PUGOKA (AND YOUR USE OF, OR INABILITY TO USE, THE PUGOKA WEBSITE OR SERVICES). ANY CLAIMS ARISING FROM THE PUGOKA WEBSITE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH LIABILITY AROSE.

Hold Harmless and Indemnity

Your use of the services provided by Pugoka is entirely at your own risk. You will hold harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the services provided by Pugoka, or the Pugoka Website, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

Term and Termination

These Terms apply to your use of the services provided by the Pugoka Website at all times. Pugoka reserves the right to change the Pugoka Website without notice to you, at any time. You may terminate under these Terms at any time by deleting your Fundraising Page or by emailing info@Pugoka.com, or your membership may be terminated by us at any time and for any reason. Upon termination or expiration of these Terms, your obligations and our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive, but your right to use the Pugoka Website immediately ceases.

Pugoka reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate these Terms of Use, and/or your access to all or a portion of the Pugoka Website and/or remove any registration information or User Content from the Pugoka Website, for any reason (including if you breach of any of the provisions of these Terms of Use). Pugoka also reserves the right to change the Pugoka Website without notice to you, at any time.

Contact

For questions about these Terms of Use please contact us at: info@Pugoka.com