Terms

Terms and Conditions of Use

for the elevaide Donation Platform

The following terms and conditions apply to the use of the elevaide donation platform (“website”). By using our website (registering for the members’ area and/or making a donation), you accept these terms and conditions of use. The use of elevaide and registering as a user are free of charge. elevaide GmbH (“elevaide”) is responsible for the website.

1. Purpose of elevaide

The website addresses all athletes, fans, organisations, sponsors and companies who/which want to use their passion for sport to jointly create positive social change. The website shall be used to generate and collect monetary donations for transfer to our cooperation partners.

2. Use of the website

Anyone can use the website without registering. However, there is no legal claim to access and use.

In addition, users may register in the members’ area of the website (creating a member account). Only personal registration with an e-mail address is permitted. Registration effected by third parties is not permitted. Each user may register more than one account. Users are not allowed to share an account with other individuals. If several users with the same IP address intend to create separate accounts to use the portal, this must be reported to Support immediately after registration.

Use of the website is intended to promote the users’ personal passion for sport and social commitment through play-based elements and associated rewards in a semi-closed community (“gamification”). The gamification functions reward each activity and interaction with the website’s content. The goal of all activities is to generate demonetized donations. In order for the website to function, all users must behave fairly and keep their membership details correct and up to date at all times.

3. Users' content

In order for the website to function, all users must behave fairly and keep their membership details correct and up to date at all times. Users shall respect the fact that the community of all elevaide users is based on mutual consideration as well as fair and appropriate conduct toward each other. In particular, users shall be sensitive to and respectful of those with different ideologies and religious or political views. Users shall be fully responsible for their own conduct on the website and for the profile pictures they post.

Before posting a profile picture, users must ensure that it does not violate elevaide’s terms of use, statutory provisions, common decency or the rights of third parties (e.g. trademark, naming, copyright and data protection rights, the law on the protection of minors, general privacy rights, competition law). In particular, users shall undertake to obtain the necessary consent of the parties involved/persons concerned/authorized persons – for example, the photographer or the persons depicted or named – before posting a profile picture, and to provide evidence of this consent to elevaide at any time on request. Users will indemnify elevaide from any claims by third parties arising from a breach of this obligation.

It is not permitted to post the following profile pictures on elevaide:

  • Material that is harmful to young people or their development, in particular images that glorify violence or are pornographic or otherwise indecent
  • Images that promote or glorify hatred, violence or any form of discrimination
  • Images that threaten public safety and order
  • Vulgar or obscene images

elevaide reserves the right to delete a user’s individual contributions if they violate these terms and conditions of use and/or applicable law. In the event of gross and/or persistent violations of rules or laws, elevaide reserves the right to block and/or delete the account of the user(s) concerned. A gross violation of the rules or laws shall be deemed to have occurred in particular if the user manipulates and/or disrupts the game mechanisms or the technical infrastructure underlying the website in an abusive manner for his/her own benefit or to the detriment of other users.

3. Provision of the members’ area

elevaide shall endeavor to make the website available without major downtime. There shall be no claim to the website’s permanent availability. Moreover, elevaide shall assume no warranty for the accuracy, timeliness, reliability, completeness or usefulness of the content provided.

elevaide is entitled to make changes to the website at any time and to terminate its operation, giving notice of two (2) weeks. If the website is terminated, elevaide shall be entitled to delete the content created by the users.

4. Processing donations

In order to make an online donation, the user must provide certain contact and payment information such as name, billing address, credit or debit card number and e-mail address. By submitting information to elevaide, the user declares that all the information provided is true, accurate, current and complete.

The user must be at least 18 years old to make an online donation to elevaide using one of the payment methods available (e.g., VISA, MasterCard, PayPal, SEPA direct debit, etc.). By using a payment method, the user declares that he/she is entitled to instruct elevaide or elevaide’s authorized provider to effect payments by means of the method selected. Settlement via the payment method selected by the user will be made at the time of the donation or immediately thereafter. The user shall be responsible for any charges incurred by using the payment method he/she selects.

Donations shall be processed in cooperation with Donorbox, Stripe and PayPal.

5. Liability

elevaide shall be liable solely for intent and gross negligence as well as for slight negligence in the event that fundamental obligations have been violated. Fundamental obligations are all obligations which are of such essential importance to achieving the purpose of a contract that their fulfilment is a prerequisite for the proper execution of that contract. The limitation of liability described above shall not apply in the case of injury to life, limb and health or for claims under Germany’s Product Liability Act (Produkthaftungsgesetz).

6. Final provisions

elevaide reserves the right to change the terms and conditions of use at any time without prior notice. Should one of the above terms and conditions of use be or become invalid, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by an effective provision which most closely achieves the purpose of the original provision.

German law shall apply exclusively.