Marketplace of Ycare
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
the amended terms on our website and/or informing our registered
users via email about any such amendments.
1 Object of the Marketplace
Ycare marketplace offers 3 optional ways of usage:
is a marketplace where non-profits and charities can create
fundraising pages for projects or their mission.
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.
is a marketplace where users can publish ads for real estate.
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
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.
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
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.
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.
registering the user can download, print, and read these "Terms
prerequisite to registration.
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.
between Ycare and the user is completed after registration and
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.
is no right of registration. Ycare reserves the right to dismiss an
application for registration.
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
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
registering, Ycare grants the user a non-transferable and non-
exclusive right to use the marketplace in accordance with these
may suspend or terminate a user’s account if a user infringes
legitimate interest in terminating a user’s account.
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
4 Buying and Selling – Right of Use
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
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.
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.
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.
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
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.
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.
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
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
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.
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
site manager is requested to announce major changes in the project’s
goals, respectively to write a report on the website, stating these
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.
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.
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.
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.
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
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
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)
and harmful to minors
and propaganda items with markings of unconstitutional organizations
of glorified violence or racist nature
such as firearms, batons and thrusting as well as any kind of
poisonous or explosive substances as well as hazardous chemicals
animals, produce and preparations of endangered species
organs suited for transplantation
and bonds (exempt are historical securities), redeemable bonds,
loans and securities
in terms of Narcotics Law, drugs and medicine in terms of Medicines
products with official price banderoles may only be sold at the
imprinted sales price
and technical goods that succumb to restrictions on export may only
be sold in the respective inland.
or futures on the afore mentioned
reserves the right to delete any offers that violate these Terms of
Use without further notification and to lock the account of the
8 Guide Lines for Fundraising Pages
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:
whose description or realization violates applicable law, or
constitute elements of an offense
with racist or discriminating contents or other wise contra bones
which debase the human dignity of any person or offend the respect
of life in general
which goals contradict generally shared views on nature conversation
with a military or paramilitary objective or organizations
advocating or supporting such aims
kind of projects with an extremist objective, be this of a
political, religious or other nature and projects of respective
constructed in such a fashion, that the intended use of financial
support is not disclosed or hindered.
intended to serve solely for an economic profit, unless explicitly
declared as such.
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.
case of penal or unlawful actions or transactions Ycare reserves the
right to inform law enforcement authorities.
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.
reserves the right to delete non-permissible projects without
further notification and to lock the user’s Ycare account.
is free of cost.
and acceptance is free of cost.
a fundraising page is free of cost.
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”.
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
10 General Responsibilities of 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.
a user receives reasonable questions from other users about an item
or a project, he is required to answer these questions.
case of alterations, users are required to update their user data,
such as address, email address and suchlike, in their myCare zone.
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
gross negligence and premeditation Ycare limits its liability to
contract specific and predictable damages. For premeditation Ycare
is liable without limitation.
limitation of liability according to (1) and (2) also applies to
employees and representatives of Ycare.
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.
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.
legal relations between Ycare and the user shall be governed by the
laws of the Federal Republic of Germany.
controversies shall be settled before the Amtsgericht Heidelberg,
Germany (District Court of Heidelberg).
unenforceable, such provision shall be struck and the remaining
provisions shall be enforced.
Germany 10 Mar. 2006
Copyright 2006 Ycare AG. All