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Terms of Use for the Internet Marketplace of Ycare

Welcome to the Terms of Use of Ycare AG (referred to in the following as “Ycare”). These Terms of Use describe the terms and conditions applicable to registered users (referred to in the following as “users”) when using our services under the domains and sub-domains of www.Ycare.org, www.Ycare.co.uk and www.Ycare.de. We may amend these Terms of Use at any time by posting the amended terms on our website and/or informing our registered users via email about any such amendments.

§ 1 Object of the Marketplace

The Ycare marketplace offers 3 optional ways of usage:

  1. Ycare is a marketplace where non-profits and charities can create fundraising pages for projects or their mission.

  2. Ycare is a marketplace where users can buy or sell items and services (referred to in the following as “items“). Items can be sold by means of an auction or be sold at a fixed price.

  3. Ycare is a marketplace where users can publish ads for real estate.

Users may use Ycare to create a fundraising page/site, to buy and sell items, to post ads, or to support a project selling an item, respectively posting an ad for this project. If the user wishes to support a project, it is up to the user to define which percentage of the proceeds from the final selling price he/she wishes to donate to a project.

Ycare does not start create any fundraising pages, does not buy or sell any items. Ycare does not become the contracting party of contracts concluded between its users. Conclusion of such contracts is the sole concern of the users, who are the contracting parties.

Ycare does not assume any kind of guarantee for integrity or validity of items offered for sale, ads posted, projects or compliance of fundraising goals. Ycare has no bearing on conclusion of contract between buyer and seller of an item; Ycare has no bearing on, and does not inspect, the assignment of project funding, as given in the site manager’s description.

§ 2 Conclusion of Contract between Ycare and a User

  1. In order to use Ycare for the afore mentioned purposes a user must first become registered with Ycare. A user must be at least 18 years old. Registration is free of cost. In order to register, users must fill in the registration form and submit it to Ycare.

  2. Upon registering the new user chooses a user ID and a password. The user ID may not infringe upon the copyright, trademark or other rights of a third party. After registration is completed a user ID cannot be altered. In case a user forgets his/her password the system will ask the secret question the user picked upon registering. If the user answers this question correctly, he will receive a new password. With this new password and his/her user ID, the user can login to Ycare and change this password to suit his/her need.

  3. Before registering the user can download, print, and read these "Terms of Use". Acceptance of these "Terms of Use" is a prerequisite to registration.

  4. The user consents that all data he sends to Ycare via the website will be stored. The user agrees to update his/her registration information whenever necessary in his/her “myCare” zone.

  5. Contract between Ycare and the user is completed after registration and acceptance of these Terms of Use.

  6. Ycare does not verify any information a user puts into the marketplace. This holds for all items and services put up for sale, projects and/or fundraising goals. Ycare does not verify possible legal matters in respect to projects. It is up to the users to validate if a project complies with national or local legislation.

  7. There is no right of registration. Ycare reserves the right to dismiss an application for registration.

  8. A user may cancel this contract at any time. Cancellations must be sent to Ycare AG, Postfach 105903, D-69049 Heidelberg, Germany. Cancellations sent by email must show the same senders email address as submitted upon registration. Please send cancellations to info@Ycare.org.

  9. If a user’s account is canceled or deleted, all data in his/her “myCare” zone will also be deleted. A deleted account cannot be restored.

§ 3 Right of Use, General

  1. Upon registering, Ycare grants the user a non-transferable and non- exclusive right to use the marketplace in accordance with these Terms of Use. The user has no further claims against Ycare.

  2. Ycare may suspend or terminate a user’s account if a user infringes upon these Terms of Use, applicable law or in case Ycare has a legitimate interest in terminating a user’s account.

  3. If a user’s account is terminated, the user is no longer entitled to use the Ycare marketplace or to register anew. A terminated user account cannot be reactivated. There is no claim for re-establishment.

§ 4 Buying and Selling – Right of Use

  1. The seller of an item may anonymously sell an item on the marketplace under an item No. assigned by Ycare. Here fore, the seller fills out the appropriate forms to his/her best knowledge, hereby describing the item and the amount and other information relevant in order to appraise the item. Especially the seller must specify all characteristics and flaws, which could debase the item, to the best of his/her knowledge. He must also submit detailed information about shipping and forms of payment. The seller determines the minimum bid (or a “Buy Now“ price) for the item. The seller also determines the time limit for the sale. Pricing includes sales taxes where applicable and other surcharges. The selling price, however, does not include forwarding charges. The seller’s offering is a binding obligation to complete transaction with the highest bidder

  2. Upon selling an item, the seller can determine if he/she wishes to support a Ycare project with his/her sale. If a seller decides to support a project, the item will be labeled appropriately. The label conforms to the amount donated, beginning at 5% of the selling price (Y5) up to 100% (Y100). Also, the item up for sale will be linked to the designated fundraising page, so that possible buyers can see which project is being supported with their purchase. The seller executes a binding declaration of intention to support the selected project. The bidder can anonymously submit his/her bid for a given item. His/her bid is binding. Multiple bidding is possible. Ycare’s computer system time is decisive.

  3. The bidder can anonymously submit his/her bid for a given item. His/her bid is binding. Multiple bidding is possible. Ycare’s computer system time is decisive.

  4. At the end of the auction, as determined by the seller, an agreement is concluded between the seller and the buyer with the highest bid, committing both to complete the necessary transactions.

  5. If the seller intended to support a certain project with his/her sale, and he/she successfully sold his/her item, Ycare will submit necessary data such as name of the site manager respectively payee amount of payment the seller is committed to make within 14 days.

§ 5 Conclusion of Contract between Buyer and Seller

  1. At the end of an auction Ycare informs the bidder with the highest bid and the seller of the successful auction per email. Ycare will submit necessary data such as name, address, email address and buying price to each party. Ycare uses the data each user submitted upon registering, respectively any updated data.

  2. Conclusion of contract is between the buyer and the seller. Buy and seller negotiate and regulate the financial transaction as well as transaction of the sold item.

  3. In case of technical malfunction, impeding email notification of the parties, Ycare will assume no responsibility. To guard against loss of data, all relevant contact information is stored in each user’s myCare zone.

  4. In case that during an active auction, significant changes in the basic conditions, void the seller’s sincere intent to sell his/her item to the bidder with the highest bid, the seller will revise or cancel his/her offer.

§ 6 Fundraising for Projects – Right of Use

  1. The user who creates a fundraising page/site at Ycare is considered the site manager. The name of the site manager is disclosed on the respective project’s main page. It is not permitted to start a project in the name of a third party, unless the user is entitled to act as an agent for this third party.

  2. The site manager describes his/her project in word and vision to the best of his/her knowledge, and quotes the financial requirements. In case, the project cannot be accomplished, the site manager will specify an alternative project which in lieu thereof will receive the funding.

  3. The site manager is requested to announce major changes in the project’s goals, respectively to write a report on the website, stating these changes.

  4. Ycare offers a Ycare certification seal. This seal affirms the identity of the site manager, respectively his/her organization. In order to obtain this seal, which is valid only when posted at the bottom of the project’s main page, the site manager must either: Send Ycare the original copy of a proof of identity issued thru a postal service (Post-Ident.) or incorporate the Ycare logo on the front page of his/her organization’s website.

  5. The site manager’s myCare zone offers additional tools to promote and advertise his/her project, especially automatically generated flyers and links to his/her project. Incorporated in these tools is the Ycare logo. These tools may only be utilized in unaltered fashion and solely in connection with the respective project; particularly with regard to incorporating the Ycare logo on the website of the site manager or his/her organization. Exempt from this is resizing of the logo.

  6. If items supporting the project are sold, all amounts and the total sum will be disclosed on the project main page. These amounts must be regarded as interim amounts, as it is always possible that a purchase is revoked.

  7. If a user intends to support a project with the sale of an item, it is up to the user to verify either thru the site manager or by a third party the correctness of identity of the project manager, respectively of the project. Ycare can provide no such information.

  8. A project will be marked as ended, as soon as it has obtained the required funding. It is then no longer possible to sell any items for this project. Sales that have not yet been closed will finish as intended. The site manager can stop or delete a project at any given time. Ycare will inform all users that up to date have supported the project, by email about the end of the project

§ 7 Prohibited Items

  1. It is prohibited to offer items or services if the offering or purchasing is illegal, contra bones mores or breaches these Terms of Use. In particular it is prohibited to describe or offer the following items:

  • Items whose promotion, offering or sale infringes a third party’s trade mark rights, (such as: patents, design or petty patents) or other rights (such as copyrights, rights to a name, other proprietary rights, rights of publicity or privacy)

  • Pornographic and harmful to minors

  • Military and propaganda items with markings of unconstitutional organizations

    Items of glorified violence or racist nature

  • Weapons such as firearms, batons and thrusting as well as any kind of ammunition

  • Radioactive, poisonous or explosive substances as well as hazardous chemicals

  • Live animals, produce and preparations of endangered species

  • Human organs suited for transplantation

  • Stocks and bonds (exempt are historical securities), redeemable bonds, loans and securities

  • Drugs in terms of Narcotics Law, drugs and medicine in terms of Medicines Act

  • Tobacco products with official price banderoles may only be sold at the imprinted sales price

  • Goods and technical goods that succumb to restrictions on export may only be sold in the respective inland.

  • Options or futures on the afore mentioned

  1. Ycare reserves the right to delete any offers that violate these Terms of Use without further notification and to lock the account of the offerer.

§ 8 Guide Lines for Fundraising Pages

  1. Ycare wants to bring the initiators of socially meaningful, non-profit or charitable causes together with possible sponsors – world wide for the good cause. Ycare’s self-conception is a politically uncommitted, independent platform. Ycare reserves the sole right to allow or decline a project on the Ycare platform. There is no claim to admittance of a project. Not permissible projects are especially:

  • Projects whose description or realization violates applicable law, or constitute elements of an offense

  • Projects with racist or discriminating contents or other wise contra bones mores objectives

  • Projects which debase the human dignity of any person or offend the respect of life in general

  • Projects which goals contradict generally shared views on nature conversation

  • Projects with a military or paramilitary objective or organizations advocating or supporting such aims

  • Any kind of projects with an extremist objective, be this of a political, religious or other nature and projects of respective organizations

  • Projects constructed in such a fashion, that the intended use of financial support is not disclosed or hindered.

  • Projects intended to serve solely for an economic profit, unless explicitly declared as such.

  1. If a project has obtained no funding after a period of 3 months, Ycare reserves the right to deactivate the fundraising page at Ycare. The site manager will be informed by email about this procedure. In his/her myCare zone the site manager has the opportunity to amend and re-start his project.

  2. In case of penal or unlawful actions or transactions Ycare reserves the right to inform law enforcement authorities.

  3. In general it holds, that it is prohibited to start and describe a project which dissents from commonly shared views on morality and ethics or these Guide Lines.

  4. Ycare reserves the right to delete non-permissible projects without further notification and to lock the user’s Ycare account.

§ 9 Fees

  1. Registering is free of cost.

  2. Bidding and acceptance is free of cost.

  3. Creating a fundraising page is free of cost.

  4. If an item is successfully sold, Ycare will charge a sales fee from the seller. The fee depends on the category in which the item was listed, the amount the item was sold for and if, and to which extent a Ycare project is being supported with this sale. All applicable fees are listed on the website under “Fees”. These fees are an integral part of these Terms of Use.

  5. If an item sells successfully, Ycare will send the seller an invoice by email. A sale is considered successful if the minimum price or a higher price is attained. The invoice is promptly due for payment. In addition the invoice amount is stored in the user’s myCare zone. After 14 days and without further warning the user is in delayed payment.

§ 10 General Responsibilities of Users

  1. Users of Ycare are required to submit all data truthfully and to the best of their knowledge. In case of misrepresentation Ycare reserves the right to lock a user’s account without further notification. The same applies to deceptive or incomplete information about an item or a project, misleading other users.

  2. If a user receives reasonable questions from other users about an item or a project, he is required to answer these questions.

  3. In case of alterations, users are required to update their user data, such as address, email address and suchlike, in their myCare zone.

§ 11 Liability

  1. The liability of Ycare shall, in the event of simple negligence, be limited to predictable damages for default, initial and retrospect impossibility as well as breach of a material contractual duty. Ycare shall not be liable for any other breach of any contractual duty.

  2. For gross negligence and premeditation Ycare limits its liability to contract specific and predictable damages. For premeditation Ycare is liable without limitation.

  3. The limitation of liability according to (1) and (2) also applies to employees and representatives of Ycare.

  4. In no event shall Ycare be liable for lost profits or incidental or consequential damages arising out of or in connection with our website or our services. This includes partial our total technical fallout of our website.

  5. The user agrees to indemnify and hold Ycare and our parent, directors and employees harmless from any claim or demand, including reasonable court and attorneys’ fees, made by any third party due to or arising out of the user’s breach of these Terms of Use, or any violation of any law or the rights of a third party.

§ 12 General

  1. All legal relations between Ycare and the user shall be governed by the laws of the Federal Republic of Germany.

  2. All controversies shall be settled before the Amtsgericht Heidelberg, Germany (District Court of Heidelberg).

  3. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Heidelberg, Germany 10 Mar. 2006
Copyright 2006 Ycare AG. All rights reserved

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