Terms of Service

Effective date: September 01, 2021


Introduction.

  1. CONTRACT
    These are the terms of Service that apply to You, the user, and Us, Nucha Ltd when you are using either our Website or our App . We recommend you read them carefully.

You acknowledge and agree that these Services are provided for commercial purposes. If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity; (b) you represent and warrant that you are an authorised representative of the business or entity with the authority to bind the entity to these Terms and that you agree to these Terms on the entity’s behalf; and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity.

    1. Nucha Ltd may modify these Terms from time to time to reflect changes in law or modifications or updates to the Services. Changes will not apply retrospectively and, unless a change is required immediately for legal or security reasons, notice of the change shall be provided a reasonable time prior to the change taking effect.
    2. The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. Your continuing visits, access, or use of our Services reaffirms your acceptance and agreement in each instance. If you do not agree to these Terms, do not register, visit, access, download or use our Services. You can terminate these Terms at any time by closing your user account and no longer visiting, accessing or using our Services.
  1. WHO CAN REGISTER WITH US
    1. The Services are intended solely for users who are sixteen (16) years old (or the age of majority in your country if it is higher than 16). If you are under 16 (or, if higher than 16 is the age of majority in your country) and access the Services, you are in breach of these Terms. By registering for an account with Nucha Ltd, you represent and warrant that you are at least sixteen (16) years old or over the age of majority in your country of residence.
    2. You agree to provide complete and accurate information when you register for the Services and you agree to keep such information accurate and complete during the time that you use the Services. You are solely responsible for maintaining the confidentiality of your username and password. You agree to notify us immediately of any unauthorised use of your account.
  2. SERVICES AND UPDATES
    1. You acknowledge and agree that your use of the Services may be subject to additional terms of service. If you are using the Services as a Charity, please review the following Charity Terms. If you are using the Services as a Campaigner or Influencer, please review the following Campaigner Terms. If you are using the Services as a Classic User (Change Warrior), please review the following Classic User Terms. In the event that part of your use of the platform falls into a different category, the terms applicable to this category apply to that part of your activity.
    1. Nucha Ltd may, from time to time, change the Services and any aspect of the Services if it is necessary for security or legal reasons, to ensure the functionality of the Services or to reflect advancements in technology or to enhance the features for our users. You consent to automatic updates to the Services installed on your computer or any end point where the service is accessed from.
    2. You acknowledge and agree that your functionality of our Website and App may be restricted, and may cease, if you do not upgrade to new versions of the Service available.
    3. You are responsible for all data fees, rates, and charges of your mobile device carrier which may be incurred during your use of the Services.
  1. RIGHTS AND RESTRICTIONS ON USE
    Your Access to and Use of the Services
    1. You agree not to copy our Services, circumvent our security, or otherwise engage in prohibited conduct.
    2. You agree that systematic retrieval of data from the Services to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission from us is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our website pages or the content contained herein. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Services, in any manner or in any quantities not authorized by us. You may not frame or utilise framing techniques to enclose any trademark, logo, or other of our proprietary information (including images, text, page layout, or form) without prior express written consent. You may not use any meta tags or any other “hidden text” utilising our name or trademarks without our express written consent.
    3. You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this Section or to interfere or attempt to interfere with the proper working of the Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure. You agree that you will not knowingly provide false information to sabotage or otherwise negatively affect the Services.
    4. You agree you will not reverse engineer, disassemble or decompile any part of the Service, prototypes or software, nor any other systems, information, materials or objects which are provided to you or to which you are granted access hereunder.
    5. You shall not distribute, licence, transfer or sell in whole or in part, any of the Services or any derivative works thereof.
    6. You agree to be bound by any application, forum, or specific rules published within the Services.

5. YOUR RELATIONSHIP WITH THIRD PARTIES USING OUR SERVICE

    1. We connect Classic Users, Charities and Campaigners to facilitate content sharing, offers, products and events for conscious consumers. We do not accept any liability for the actions of any of these parties using the Service. We make no predictions, warranties, or guarantees, express or implied, about the quality of any of the products or services advertised, offered, or provided by any party utilising the Services or featured on the Services and assume no liability related thereto.

    1. (YOUR CONTENT) You represent, warrant and agree that you are the exclusive owner of your Content or item you list and/or you have all rights, licenses, consents and releases necessary for the Content or item that you make available on the Services. You further represent, warrant and agree that your Content or item does not infringe, misappropriate or violate a third party’s intellectual property rights, a third party’s rights of publicity or privacy, or any other law or regulation.
    2. You grant to Nucha Ltd a non-exclusive, perpetual, worldwide, royalty-free license to use, host, store, transmit, reproduce, distribute, sublicense, modify, create derivative works, communicate, publish, publicly perform, publicly display, archive, and otherwise use and exploit such Content, in whole or in part, in any manner, medium, or form, whether now known or hereinafter devised, as Nucha Ltd sees fit in its sole discretion, and includes without limitation use for the purpose of operating, promoting, and improving the Services. Without limiting the above, you grant to Nucha Ltd the right to syndicate your Content for any purpose, including without limitation the right to use such syndicated Content to promote our platform and brand. You further grant to Nucha Ltd all rights necessary to facilitate your use of a third party’s website, app or services that require syndication or other use of your Content in connection with our Services.
    3. NUCHA LTD IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM OR IN CONNECTION WITH, THE USE OR DISCLOSURE OF ANY INFORMATION, COMMUNICATION, OR CONTENT THAT YOU VOLUNTARILY SUBMIT THROUGH THE SERVICES IN AREAS THAT OTHERS CAN VIEW, COPY AND USE.
    4. You may not post inappropriate Content in connection with the Services. This includes but is not limited to:
      1. impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with any person or entity, or creates a false identity for purposes of misleading others;
      2. promotes or contains material that is illegal, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libellous, sexually explicit, violent, invasive of another’s privacy, hateful, discriminatory based on race / sex / religion / nationality / disability / age / sexual orientation, or IS otherwise objectionable;
      3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
      4. you do not have the right to disclose under contract or applicable law;
      5. contains software viruses or any other technology designed to interrupt, destroy or limit the functionality of the Services;
      6. involves the transmission of “junk mail”, “chain letters” or unsolicited mass e-mails — “spam”;
      7. uses automated scripts or other technology to collect information from or otherwise interact with the Services or other users without their consent;
      8. other than pursuant to an agreement with the legal owner of the involved rights, engages in advertising or other solicitation activities such as pyramid schemes, contests, or sweepstakes unless you have specific prior agreement with Nucha Ltd;
      9. includes other people’s personally identifying information or other confidential information, such as credit card numbers, Social Security numbers, license numbers, passwords, phone numbers, addresses, and email addresses; or
      10. violates or encourages or facilitates the violation of any applicable local, state, national or international law.
  1. Violating these terms may lead to you being immediately and permanently banned, with notification to your Internet Service Provider if deemed necessary.
  1. SERVICE AVAILABILITY AND TERMINATION.
    1. Nucha Ltd may suspend or terminate Your use of the Services with or without cause or notice to You, including, without limitation, if we believe that You have violated or acted inconsistently with these Terms.
    2. We may, but do not promise to store or keep any content that you have provided, liked or posted.
      WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY(S) FOR ANY LOSS OR DAMAGE THAT IS CAUSED BY OR ARISES FROM OR IN CONNECTION WITH ANY SUCH DISCONTINUATION OF SERVICES (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, REFUNDS, LOST PROFITS, LOST OPPORTUNITIES, MONETARY DAMAGES, DISRUPTION IN OR LOSS OF SERVICE, OR LOSS OF CONTENT).
  2. OWNERSHIP OF INTELLECTUAL PROPERTY
    1. Nucha Ltd owns our intellectual property and only provides You a limited license to use our Services per this Agreement. You do not acquire any ownership rights by using our Services.
    2. Unless otherwise specified, all materials that are part of the Services are owned, controlled, or licensed by Nucha Ltd and are protected by law from unauthorised use. The entire contents of the Services are protected under copyright, patent, trademark, and/or other intellectual property laws. Nucha Ltd, our logos, and all designs are trademarks and/or trade dress of Nucha Ltd and may not be used without our express written permission. All other trademarks appearing on the Services are the property of their respective owners.
  3. EXPORT CONTROL
    You agree to comply with all export laws.
    1. You agree to comply with all UK, U.S. and other foreign export laws regarding the importation and exportation of goods and services. You represent and warrant that: (i) you are not located in any country to which the United States has embargoed goods or has designated as a “terrorist supporting” country; and (ii) you are not listed on any United States list of prohibited or restricted parties.
  4. FEEDBACK AND IDEAS
    1. All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to us in connection with the use of the Services shall be the exclusive property of Nucha Ltd. Such Ideas will be non-confidential and we shall have no obligations to you, contractual or otherwise. You agree that we may use, sell, exploit and disclose the Ideas in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to You.
  5. DIGITAL MILLENNIUM COPYRIGHT ACT.
    1. If you believe that your copyright has been infringed by a third party on our Services, then please follow this take down procedure.
    2. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). If the information you are complaining about is located on a third-party site or application, then you should contact that third party site or application. Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them before sending your claim.
    3. You may notify us of alleged infringement of intellectual property rights by contacting our Admin Team at: Email: admin@getnucha.com
    4. Upon receipt of notice of claimed infringement, we will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
  1. LIMITATION OF LIABILITY.
    NUCHA LTD’s LIABILITY TO YOU IS NOT LIMITED OR EXCLUDED TO THE EXTENT THAT SUCH LIABILITY CANNOT BE LIMITED OR EXCLUDED IN ACCORDANCE WITH APPLICABLE LAW. WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF INTERRUPTION TO THE SERVICES OR ANY CONTENT POSTED PURSUANT TO THE SERVICES. ALL USERS ARE LIABLE FOR THEIR OWN ACTS AND OMISSIONS AND WE DO NOT ACCEPT ANY LIABILITY ON THEIR BEHALF. THE TERMS OF THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THESE TERMS.
  2. CHOICE OF LAW, VENUE, CLAIM RESOLUTION AND CLASS ACTION WAIVER.
    The laws of England and Wales, without application of conflict of law provisions, will apply to any disputes arising out of or relating to this Agreement or the Services. All claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the English courts.
  3. APPLE TERMS
    If you downloaded the App from Apple’s App Store, then please review these additional terms.
    The following addresses certain matters with respect to Apple Inc. (“Apple”) and/or the so-called “Usage Rules” set forth in Apple’s App Store Terms of Service (located at http://www.apple.com/legal/internet-services/itunes/us/terms.html, and last visited 05 November, 2020) as of the effective date hereof (“Apple’s Usage Rules”):
    Acknowledgement. The Parties hereby acknowledge that:
    1. this Agreement is between the Parties only, and not with Apple;
    2. Apple is not responsible for the Website, the App, or the content thereof;
    3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps;
    4. Apple has no warranty obligations, whether express or implied;
    5. Apple is not responsible for addressing any claims you or any third party have or may have relating to any of the Apps or your possession and/or use of any of the Apps, including, without limitation, (i) product liability claims, (ii) any claim that such Apps fail to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer production or similar legislation, and (iv) intellectual property infringement claims;
    6. this Agreement’s usage rules for the Apps are not intended to be less restrictive than Apple’s Usage Rules;
    7. Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement; and
    8. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary hereof. Amended Scope of Limited License — The App. If you download, access, or use any of the Apps from or through Apple’s App Store, then the limited license granted to you hereunder with respect to such Apps (see section 2(c) above) is hereby amended to add the following restriction: you may not use such Apps on any device other than the Apple-brand device (e.g., iPhone, iPod Touch, iPad) that You own or control, or in any manner that is contrary to Apple’s Usage Rules.
  4. GENERAL TERMS
    1. Assignment. Nucha Ltd may assign its rights and obligations under this Agreement freely. You may not assign any rights or obligations under this Agreement without Nucha Ltd’s written consent.
    2. Force Majeure. We shall not have any liability for any failure to perform obligations under this Agreement if such failure is caused by fire, flood, natural disaster, epidemic, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism, law or governmental regulation or other cause or event which is of a magnitude or a type beyond the reasonable control of Nucha Ltd or such other party.
    3. Waiver/ Severability. If any provision of the Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore. Our failure to require or enforce strict performance of any provision or to exercise any right under the Agreement shall not be construed as a waiver of any such provision or right. The headings appearing at the beginning of each section are for identification and reference purposes only and shall not be used to determine the construction or interpretation of the Agreement.
    4. We may use brand images, logos and other materials for marketing or promotional reasons.
Contact Us.

If you need to contact us about these Terms or the Services, please do so by contacting:

Email: info@getnucha.com

Effective date: 05 November 2020

Terms for Charities

PLEASE READ THESE TERMS CAREFULLY

BY USING OUR WEBSITE AND OUR APP YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR INTERACT WITH OUR WEBSITE OR APP.

IF THERE IS A SPECIFIC SECTION OF THESE TERMS YOU DISAGREE WITH, PLEASE GET IN TOUCH SO WE CAN KNOW YOUR CONCERN.

If you are accepting these terms on behalf of a charity or entity, then “you” and “your” includes you and that charity or entity, and you represent and warrant that you are an authorised representative of the charity or entity with the authority to bind the entity to this Agreement and that you agree to these Terms on the entity’s behalf.

WHAT THIS AGREEMENT DOES

By using the Nucha App and website you agree to enter into this agreement on an Non Paid For and Non Exclusive basis from the date of this Agreement. This means we will not charge you to create campaigns, list items and interact with other users. This also means that other entities that may be similar or compete with you will be using the App and website.

In this Agreement, the following terms have the following meanings:

"Nucha App" or "Website" or “us’’ or ‘’we’’ means Nucha Ltd

"Charity" or "Entity" means any organization that declares to us that they are a registered charity or they are conducting an activity on a charitable basis at least when it comes to their usage of our website and App (platform).

“Donor” means an individual listed on the charity's donor database. It may also include any individual captured in the charities database even if no donation has been previously made.It may include any individual or entity using our Platform for the purpose of selling, buying and donating.

“Paid For” means an Influencer paid (or paid in kind) by a Charity to promote or sell their products/ services as agreed between the Charity and Influencer. This existing partnership is separate to the agreement between Nucha Ltd and the charity or entity. However, a Charity may use their existing Influencer partnership to open a separate campaign on the Nucha Platform.

Our website and App constitute our platform in general. It is the marketplace where users list items for sale, start campaigns and interact with each other.

“Non Paid For” means that our platform is currently free for users to register, list items and set up campaigns. The charity or entity only pays when an item is sold either directly via the platform or via a link that takes the buyer to the charity or entity’s own selling environment. A dashboard on the platform allows the charity or the entity to track sales and donations alongside a transaction list.

“Total Transaction Value” means the total net value (not including applicable taxes such as VAT and sales taxes, delivery fees and any other amounts excluded by the charity or the entity or any other user that is acting as a seller on the platform.

  1. By accepting these Terms of Use, You agree that:
  2. You will open a Nucha Charity or Campaigner Account;
  3. You will advertise the Nucha platform to your entire Donor base to let them know they can now support you via our Platform.
  4. You will supply debit/credit card information so that relevant commissions can be charged to you automatically. This information is also necessary for the purpose of the Return policy.
  5. In case you prefer the fees to be taken at source you are still required to supply account details so the amount after fees can be transferred to you.
  6. Charities and Campaigners are required to select a Cause that will benefit from a minimum of 2% of the total proceeds of each transaction made on the platform.

Charities can choose themselves as the beneficiary but Campaigners can’t.

  1. Nucha Ltd is not responsible for the use of any donations by any charity or organization or entity;
  2. Charities will provide a 14 day sale or return policy where applicable. In case a refund is necessary and you didn’t provide a debit/credit card, it falls on you as the seller to refund the buyer.

PLEASE CHECK OUR FEE STRUCTURE AT THE END OF THIS AGREEMENT TO FAMILIARISE YOURSELF WITH IT.THE SEGMENT ON FEE STRUCTURE IS SUSCEPTIBLE TO CHANGE IN THE FUTURE.THIS SHOULD NOT INVALIDATE THIS AGREEMENT UNLESS YOU DISAGREE WITH THE UPDATES ON FEES. SHOULD YOU DISAGREE WITH THE UPDATES ON FEES STRUCTURE, PLEASE CLOSE YOUR ACCOUNT OR GET IN TOUCH WITH US.

  1. Nucha Ltd acts as a platform to connect You to other Nucha Users but You will enter into a direct relationship with the User and Nucha Ltd is not responsible for handling any disputes between You and the Users or any other third parties (including in relation to payment of commission);
  2. All Users, including charities are responsible for accounting for and paying all applicable local taxes (including but not limited to VAT and any local sales tax’s).

We will be acting in a ‘collection agent’ capacity as far as any amounts due to the beneficiary are concerned. It is for the beneficiary to account for any VAT that may be due.

  1. Nucha Ltd shall use commercially reasonable endeavours to make the Platform available 24 hours a day, seven days a week, except for any periods of unscheduled maintenance, which we will endeavour to perform outside of normal business hours in the UK (9am-5pm GMT on weekdays, excluding public holidays in England & Wales).
  2. We are not liable for any failure to make the Platform continuously available but shall use all reasonable efforts to ensure the Platform is available as soon as possible following any unscheduled maintenance or downtime. In the event of any interruption to the availability of the Platform, we will seek to provide support to users as soon as is reasonably possible.
  3. In consideration of Nucha Ltd entering into this Agreement, You grant to Nucha Ltd with effect from the date of signature of this Agreement, a non-exclusive, royalty free license to use any content from Your website, Your stock photography and other content provided by You from time to time on Your website and other on and offline channels. We may use Your corporate logo and/or branding in order to inform potential users that you are present on the Platform. This includes social media announcements, emails to our users etc.
  4. You may only use the Nucha logo and any other Nucha Ltd intellectual property with the prior written consent of Nucha Ltd except for the purpose of informing your donors of your presence on the Platform.
  5. It is expressly agreed that we will have no liability whatsoever in respect of the provision of the Platform by You to anyone. Nucha Ltd is not liable for any content You provide on the Platform or which you publish in relation to your brand (including on social media channels) and You accept that we do not publish any content on your behalf or own any of the content you publish. You further agree to indemnify Nucha Ltd against any claim made by any person against Nucha Ltd in respect of any loss or damage caused directly or indirectly by the use of the Platform.
  6. Each party shall keep confidential the existence and terms of this Agreement and all information received or obtained as a result of negotiating, preparing, executing, performing or implementing it which relates to the other party or any of its affiliated companies, or any of its clients, agents or subcontractors acting on its behalf. Neither party shall use such information for any purpose other than to perform its obligations under this Agreement. Notwithstanding the foregoing, either party may, after consultation with the other party (wherever practicable), disclose confidential information if and to the extent: (a) required by law; (b) required by its professional advisers, officers, employees, subcontractors or agents to provide their services subject always to similar duties of confidentiality); or (c) that information is in or has to come into the public domain through no fault of that party; or (d) the other party has given prior written consent to the disclosure.
  7. Nucha Ltd processes personal data in accordance with our Privacy Policy. The parties each warrant that they shall comply with any applicable data protection, privacy or similar laws (“Data Protection Laws”), including but not limited to, the Data Protection Act 2018 and the General Data Protection Regulations (GDPR), that apply in relation to any personal data in connection with this Agreement (“Protected Data”). In particular, You shall obtain all necessary consents to the processing of personal data so far as may be necessary for the purposes of this Agreement, including without limitation the disclosure of such personal data to Nucha Ltd or any third parties with whom You may share personal data for the purposes of fulfilling Your obligations under this Agreement. Each party shall indemnify the other and keep the other indemnified against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements on a full indemnity basis) losses and damages arising from or incurred by reason of any wrongful processing of any Protected Data.
  8. You are responsible for the security of any card holder data (credit or debit) provided to You by any means (orally, electronically, offline or via paper based records). In accordance with PCI guidelines, You will monitor your PCI DSS compliance. Nucha Ltd reserves the right to terminate the Agreement with immediate effect should Your security procedures not meet applicable standards or should PCI Compliance not be met and/or maintained.
  9. The Agreement shall come into effect from the first use of the Platform and the acceptance of these Terms of Use and shall continue until terminated by either party on one month’s written notice to the other party.
  10. In the event that this Agreement shall expire or be terminated in accordance with its terms, Nucha Ltd agrees that it will cease to offer the platform or other benefits to You.
  11. No variation of this Agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties.If you keep using our services after an update to our Terms of Services, you agree to the updated version.
  12. If a provision of this Agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
  13. This Agreement and (any documents referred to in it) constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, arrangements, understandings or agreements between them, whether written or oral, relating to the subject matter of this Agreement.
  14. Any notice or other communication to be given under this Agreement shall be in writing and shall be sent by email to info@getnucha.com
  15. Nucha Ltd owns any and all intellectual property relating to the Platform that includes the mobile application (App), the website,the copyright, patents, know-how, trade secrets, design rights, database rights, topography rights, mask works, utility models, domain names and all similar rights and in each case: (i) whether registered or not; (ii) including any applications to protect or register such rights; (iii) including all renewals and extensions of such rights or applications; (iv) whether vested, contingent or future; (v) to which the Party licensing those rights or its licensor are or may be entitled; and (vi) wherever existing.
  16. The Parties agree that the provisions of this Agreement are personal to them and are not intended to confer any rights of enforcement on any third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
  17. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
  18. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

Terms for Campaigners (influencers)

IN ADDITION TO THE TERMS IN THE “WEBSITE AND APP TERMS OF SERVICE.

THE FOLLOWING TERMS APPLY TO YOU AS A CAMPAIGNER (INFLUENCER)

PLEASE READ THESE TERMS CAREFULLY

BY USING OUR WEBSITE AND OUR APP YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR INTERACT WITH OUR WEBSITE OR APP.

IF THERE IS A SPECIFIC SECTION OF THESE TERMS YOU DISAGREE WITH, PLEASE GET IN TOUCH SO WE CAN KNOW YOUR CONCERN.

If you are accepting these terms on behalf of a charity or entity, then “you” and “your” includes you and that charity or entity, and you represent and warrant that you are an authorised representative of the charity or entity with the authority to bind the entity to this Agreement and that you agree to these Terms on the entity’s behalf.

WHAT THIS AGREEMENT DOES

By using the Nucha App and website you agree to enter into this agreement on an Non Paid For and Non Exclusive basis from the date of this Agreement. This means we will not charge you to create campaigns and interact with other users. This also means that other entities, campaigners and influencers that may be similar or compete with you will be using the App and website.

In this Agreement, the following terms have the following meanings:

"Nucha App" or "Website" or “us’’ or ‘’we’’ means Nucha Ltd

"Charity" or "Entity" means any organization that declares to us that they are a registered charity or they are conducting an activity on a charitable basis at least when it comes to their usage of our website and App (platform).

“Donor” means an individual listed on the charity's donor database. It may also include any individual captured in the charities database even if no donation has been previously made.It may include any individual or entity using our Platform for the purpose of selling, buying and donating.

“Paid For” means an Influencer paid (or paid in kind) by a Charity to promote or sell their products/ services as agreed between the Charity and Influencer. This existing partnership is separate to the agreement between Nucha Ltd and the charity or entity. However, a Charity may use their existing Influencer partnership to open a separate campaign on the Nucha Platform.

Our website and App constitute our platform in general. It is the marketplace where users list items for sale, start campaigns in order to promote causes and receive donations and interact with each other.

“Non Paid For” means that our platform is currently free for users to register, list items and set up campaigns. The charity or entity only pays when an item is sold either directly via the platform or via a link that takes the buyer to the charity or entity’s own selling environment. A dashboard on the platform allows the charity or the entity to track sales and donations alongside a transaction list.

In your case as a campaigner or influencer you only pay when a user contributes towards your campaign or cause.

Payment will be taken as a commission at source on the total Transaction value of the contribution and the remaining will be transferred to your designated account or to the charity you selected.

“Total Transaction Value” means the total net value (not including applicable taxes such as VAT and sales taxes, delivery fees and any other amounts excluded by the charity or the entity or any other user that is acting as a seller on the platform.

  1. By accepting these Terms of Use, You agree that:
  2. You will open a Nucha Campaigner Account;
  3. You will advertise the Nucha App to your entire Followers Base across social media and any other channel used to communicate with them.
  4. We may work with charity organizations such as Just Giving, Global Giving or any other we see fit to distribute payments to the charity and these organizations will take a fee out of any donation made. In cases where we have the payment details of the charity we can make the donations directly to the charity, in these situations donations will be made once a month with supporting information.
  5. You will supply debit/credit card information so that relevant commissions can be charged to you automatically.
  6. In case you prefer the fees to be taken at source you are still required to supply account details so the amount donated after fees can be transferred to you.
  7. Campaigners are required to select at least one Cause that will benefit from the campaign. A minimum of 70% of the total proceeds of each transaction made on the platform will go the selected Cause(S)

Charities can choose themselves as the beneficiary but Campaigners and influencers can’t.

  1. Nucha Ltd is not responsible for the use of any donations by any charity or organization or entity;

PLEASE CHECK OUR FEE STRUCTURE AT THE END OF THIS AGREEMENT TO FAMILIARISE YOURSELF WITH IT.THE SEGMENT ON FEE STRUCTURE IS SUSCEPTIBLE TO CHANGE IN THE FUTURE.THIS SHOULD NOT INVALIDATE THIS AGREEMENT UNLESS YOU DISAGREE WITH THE UPDATES ON FEES. SHOULD YOU DISAGREE WITH THE UPDATES ON FEES STRUCTURE, PLEASE CLOSE YOUR ACCOUNT OR GET IN TOUCH WITH US.

  1. Nucha Ltd acts as a platform to connect You to other Nucha Users but You will enter into a direct relationship with the User and Nucha Ltd is not responsible for handling any disputes between You and the Users or any other third parties (including in relation to payment of commission);
  2. All Users, including campaigners and influencers are responsible for accounting for and paying all applicable local taxes (including but not limited to VAT and any local sales tax’s).

We will be acting in a ‘collection agent’ capacity as far as any amounts due to the beneficiary are concerned. It is for the beneficiary to account for any VAT that may be due.

  1. Nucha Ltd shall use commercially reasonable endeavours to make the Platform available 24 hours a day, seven days a week, except for any periods of unscheduled maintenance, which we will endeavour to perform outside of normal business hours in the UK (9am-5pm GMT on weekdays, excluding public holidays in England & Wales).
  2. We are not liable for any failure to make the Platform continuously available but shall use all reasonable efforts to ensure the Platform is available as soon as possible following any unscheduled maintenance or downtime. In the event of any interruption to the availability of the Platform, we will seek to provide support to users as soon as is reasonably possible.
  3. In consideration of Nucha Ltd entering into this Agreement, You grant to Nucha Ltd with effect from the date of signature of this Agreement, a non-exclusive, royalty free license to use any content from Your website, Your stock photography and other content provided by You from time to time on Your website and other on and offline channels. We may use Your corporate logo and/or branding where you give your prior written consent to do so in order to inform potential users thqt you are present on the Platform. This include social media announcements, emails to our users etc.
  4. You may only use the Nucha logo and any other Nucha Ltd intellectual property with the prior written consent of Nucha Ltd.
  5. It is expressly agreed that we will have no liability whatsoever in respect of the provision of the Platform by You to anyone. Nucha Ltd is not liable for any content You provide on the Platform or which you publish in relation to your brand (including on social media channels) and You accept that we do not publish any content on your behalf or own any of the content you publish. You further agree to indemnify Nucha Ltd against any claim made by any person against Nucha Ltd in respect of any loss or damage caused directly or indirectly by the use of the Platform.
  6. Each party shall keep confidential the existence and terms of this Agreement and all information receiving or obtained as a result of negotiating, preparing, executing, performing or implementing it which relates to the other party or any of its affiliated companies, or any of its clients, agents or subcontractors acting on its behalf. Neither party shall use such information for any purpose other than to perform its obligations under this Agreement. Notwithstanding the foregoing, either party may, after consultation with the other party (wherever practicable), disclose confidential information if and to the extent: (a) required by law; (b) required by its professional advisers, officers, employees, subcontractors or agents to provide their services subject always to similar duties of confidentiality); or (c) that information is in or has to come into the public domain through no fault of that party; or (d) the other party has given prior written consent to the disclosure.
  7. Nucha Ltd processes personal data in accordance with our Privacy Policy. The parties each warrant that they shall comply with any applicable data protection, privacy or similar laws (“Data Protection Laws”), including but not limited to, the Data Protection Act 2018 and the General Data Protection Regulations (GDPR), that apply in relation to any personal data in connection with this Agreement (“Protected Data”). In particular, You shall obtain all necessary consents to the processing of personal data so far as may be necessary for the purposes of this Agreement, including without limitation the disclosure of such personal data to Nucha Ltd or any third parties with whom You may share personal data for the purposes of fulfilling Your obligations under this Agreement. Each party shall indemnify the other and keep the other indemnified against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements on a full indemnity basis) losses and damages arising from or incurred by reason of any wrongful processing of any Protected Data.
  8. You are responsible for the security of any card holder data (credit or debit) provided to You by any means (orally, electronically, offline or via paper based records). In accordance with PCI guidelines, You will monitor your PCI DSS compliance. Nucha Ltd reserves the right to terminate the Agreement with immediate effect should Your security procedures not meet applicable standards or should PCI Compliance not be met and/or maintained.
  9. The Agreement shall come into effect from the first use of the Platform and the acceptance of these Terms of Use and shall continue until terminated by either party on one month’s written notice to the other party.
  10. In the event that this Agreement shall expire or be terminated in accordance with its terms, Nucha Ltd agrees that it will cease to offer the platform or other benefits to You.
  11. No variation of this Agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties.If you keep using our services after an update to our Terms of Services, you agree to the updated version.
  12. If a provision of this Agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
  13. This Agreement and (any documents referred to in it) constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, arrangements, understandings or agreements between them, whether written or oral, relating to the subject
  14. ct matter of this Agreement.
  15. Any notice or other communication to be given under this Agreement shall be in writing and shall be sent by email to info@getnucha.com
  16. Nucha Ltd owns any and all intellectual property relating to the Platform that includes the mobile application (App), the website,the copyright, patents, know-how, trade secrets, design rights, database rights, topography rights, mask works, utility models, domain names and all similar rights and in each case: (i) whether registered or not; (ii) including any applications to protect or register such rights; (iii) including all renewals and extensions of such rights or applications; (iv) whether vested, contingent or future; (v) to which the Party licensing those rights or its licensor are or may be entitled; and (vi) wherever existing.
  17. The Parties agree that the provisions of this Agreement are personal to them and are not intended to confer any rights of enforcement on any third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
  18. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
  19. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

Terms for Classic Users (Change Warriors)

IN ADDITION TO THE TERMS IN THE “WEBSITE AND APP TERMS OF SERVICE.

THE FOLLOWING TERMS APPLY TO YOU AS A CLASSIC USER (CHANGE WARRIOR)

PLEASE READ THESE TERMS CAREFULLY

BY USING OUR WEBSITE AND OUR APP YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR INTERACT WITH OUR WEBSITE OR APP.

If you are accepting these terms on behalf of a charity or entity, then “you” and “your” includes you and that charity or entity, and you represent and warrant that you are an authorised representative of the charity or entity with the authority to bind the entity to this Agreement and that you agree to these Terms on the entity’s behalf.

WHAT THIS AGREEMENT DOES

By using the Nucha App and website you agree to enter into this agreement on an Non Paid For and Non Exclusive basis from the date of this Agreement. This means we will not charge you to create campaigns and interact with other users. This also means that other entities, campaigners and influencers that may be similar or compete with you will be using the App and website.

In this Agreement, the following terms have the following meanings:

"Nucha App" or "Website" or “us’’ or ‘’we’’ means Nucha Ltd

"Charity" or "Entity" means any organization that declares to us that they are a registered charity or they are conducting an activity on a charitable basis at least when it comes to their usage of our website and App (platform).

“Donor” means an individual listed on the charity's donor database. It may also include any individual captured in the charities database even if no donation has been previously made.It may include any individual or entity using our Platform for the purpose of selling, buying and donating.

“Paid For” means an Influencer paid (or paid in kind) by a Charity to promote or sell their products/ services as agreed between the Charity and Influencer. This existing partnership is separate to the agreement between Nucha Ltd and the charity or entity. However, a Charity may use their existing Influencer partnership to open a separate campaign on the Nucha Platform.

Our website and App constitute our platform in general. It is the marketplace where users list items for sale, start campaigns in order to promote causes and receive donations and interact with each other.

“Non Paid For” means that our platform is currently free for users to register, list items and set up campaigns. The charity or entity only pays when an item is sold either directly via the platform or via a link that takes the buyer to the charity or entity’s own selling environment. A dashboard on the platform allows the charity or the entity to track sales and donations alongside a transaction list.

In your case as a Classic User or Change Warrior commission will be taken at source on the total Transaction value of the item sold and the remaining will be transferred to your designated account and to the charity you selected.

In case you decide to start a campaign, the Terms for Campaigners apply that activity.

“Total Transaction Value” means the total net value (not including applicable taxes such as VAT and sales taxes, delivery fees and any other amounts excluded by the charity or the entity or any other user that is acting as a seller on the platform.

  1. By accepting these Terms of Use, You agree that:
  2. You will open a Nucha Campaigner Account;
  3. We also advise you to shout it over all the social media that you are a Change Warrior on Nucha.
  4. We may work with charity organizations such as Just Giving, Global Giving or any other we see fit to distribute payments to the charity and these organizations will take a fee out of any donation made. In cases where we have the payment details of the charity we can make the donations directly to the charity, in these situations donations will be made once a month with supporting information.
  5. You will supply debit/credit card information in order to make a purchase or donate on the platform.
  6. You are required to supply account details so the proceeds of any sale after relevant fees can be transferred to you.
  7. You are required to select a Cause that will benefit from a minimum of 2% of the total proceeds of each sale you make using the Platform.

In case the Cause you choose is not listed on the platform , we will contact them on that matter. We may work with other third parties to achieve that goal.

  1. Nucha Ltd is not responsible for the use of any donations by any charity or organization or entity;

PLEASE CHECK OUR FEE STRUCTURE AT THE END OF THIS AGREEMENT TO FAMILIARISE YOURSELF WITH IT.THE SEGMENT ON FEE STRUCTURE IS SUSCEPTIBLE TO CHANGE IN THE FUTURE.THIS SHOULD NOT INVALIDATE THIS AGREEMENT UNLESS YOU DISAGREE WITH THE UPDATES ON FEES. SHOULD YOU DISAGREE WITH THE UPDATES ON FEES STRUCTURE, PLEASE CLOSE YOUR ACCOUNT OR GET IN TOUCH WITH US.

  1. Nucha Ltd acts as a platform to connect You to other Nucha Users but You will enter into a direct relationship with the User and Nucha Ltd is not responsible for handling any disputes between You and the Users or any other third parties (including in relation to payment of commission);
  2. All Users, including classic users are responsible for accounting for and paying all applicable local taxes (including but not limited to VAT and any local sales tax’s).

We will be acting in a ‘collection agent’ capacity as far as any amounts due to the beneficiary are concerned. It is for the beneficiary to account for any VAT that may be due.

  1. Nucha Ltd shall use commercially reasonable endeavours to make the Platform available 24 hours a day, seven days a week, except for any periods of unscheduled maintenance, which we will endeavour to perform outside of normal business hours in the UK (9am-5pm GMT on weekdays, excluding public holidays in England & Wales).
  2. We are not liable for any failure to make the Platform continuously available but shall use all reasonable efforts to ensure the Platform is available as soon as possible following any unscheduled maintenance or downtime. In the event of any interruption to the availability of the Platform, we will seek to provide support to users as soon as is reasonably possible.
  3. In consideration of Nucha Ltd entering into this Agreement, You grant to Nucha Ltd with effect from the date of signature of this Agreement, a non-exclusive, royalty free license to use any content from Your website, Your stock photography and other content provided by You from time to time on Your website and other on and offline channels. We may use Your corporate logo and/or branding where you give your prior written consent to do so in order to inform potential users thqt you are present on the Platform. This includes social media announcements, emails to our users etc.
  4. You may only use the Nucha logo and any other Nucha Ltd intellectual property with the prior written consent of Nucha Ltd.
  5. It is expressly agreed that we will have no liability whatsoever in respect of the provision of the Platform by You to anyone. Nucha Ltd is not liable for any content You provide on the Platform or which you publish in relation to your brand (including on social media channels) and You accept that we do not publish any content on your behalf or own any of the content you publish. You further agree to indemnify Nucha Ltd against any claim made by any person against Nucha Ltd in respect of any loss or damage caused directly or indirectly by the use of the Platform.
  6. Each party shall keep confidential the existence and terms of this Agreement and all information receiving or obtained as a result of negotiating, preparing, executing, performing or implementing it which relates to the other party or any of its affiliated companies, or any of its clients, agents or subcontractors acting on its behalf. Neither party shall use such information for any purpose other than to perform its obligations under this Agreement. Notwithstanding the foregoing, either party may, after consultation with the other party (wherever practicable), disclose confidential information if and to the extent: (a) required by law; (b) required by its professional advisers, officers, employees, subcontractors or agents to provide their services subject always to similar duties of confidentiality); or (c) that information is in or has to come into the public domain through no fault of that party; or (d) the other party has given prior written consent to the disclosure.
  7. Nucha Ltd processes personal data in accordance with our Privacy Policy. The parties each warrant that they shall comply with any applicable data protection, privacy or similar laws (“Data Protection Laws”), including but not limited to, the Data Protection Act 2018 and the General Data Protection Regulations (GDPR), that apply in relation to any personal data in connection with this Agreement (“Protected Data”). In particular, You shall obtain all necessary consents to the processing of personal data so far as may be necessary for the purposes of this Agreement, including without limitation the disclosure of such personal data to Nucha Ltd or any third parties with whom You may share personal data for the purposes of fulfilling Your obligations under this Agreement. Each party shall indemnify the other and keep the other indemnified against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements on a full indemnity basis) losses and damages arising from or incurred by reason of any wrongful processing of any Protected Data.
  8. You are responsible for the security of any card holder data (credit or debit) provided to You by any means (orally, electronically, offline or via paper based records). In accordance with PCI guidelines, You will monitor your PCI DSS compliance. Nucha Ltd reserves the right to terminate the Agreement with immediate effect should Your security procedures not meet applicable standards or should PCI Compliance not be met and/or maintained.
  9. The Agreement shall come into effect from the first use of the Platform and the acceptance of these Terms of Use and shall continue until terminated by either party on one month’s written notice to the other party.
  10. In the event that this Agreement shall expire or be terminated in accordance with its terms, Nucha Ltd agrees that it will cease to offer the platform or other benefits to You.
  11. No variation of this Agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties.
  12. If a provision of this Agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
  13. This Agreement and (any documents referred to in it) constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, arrangements, understandings or agreements between them, whether written or oral, relating to the subject
  14. ct matter of this Agreement.
  15. Any notice or other communication to be given under this Agreement shall be in writing and shall be sent by email to info@getnucha.com
  16. Nucha Ltd owns any and all intellectual property relating to the Platform that includes the mobile application (App), the website,the copyright, patents, know-how, trade secrets, design rights, database rights, topography rights, mask works, utility models, domain names and all similar rights and in each case: (i) whether registered or not; (ii) including any applications to protect or register such rights; (iii) including all renewals and extensions of such rights or applications; (iv) whether vested, contingent or future; (v) to which the Party licensing those rights or its licensor are or may be entitled; and (vi) wherever existing.
  17. The Parties agree that the provisions of this Agreement are personal to them and are not intended to confer any rights of enforcement on any third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
  18. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
  19. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

FEE STRUCTURE

THESE ARE OUR FEE STRUCTURE IN GENERAL. IN SOME CASES THEY MAY DIFFER.

Buying, selling, donating, campaigning on the platform means you’ve read and accepted these terms.

Buying an item

0% buyers don’t pay any fee

Selling an item

5% tranction fees

+2% minimum to your chosen cause

Donations

2% + 20p processing fees*

Campaign

5% transaction fees

+85% maximum to your chosen causes**

 

*we use Stripe as a secure payment service.

** Charities can choose themselves as the beneficiary. For other campaigners and influencers the main beneficiary will get up to 85% of the funds. The remaining funds will go to another charity of your choice. This way we make sure that charities with bigger means help smaller ones to fulfil their missions.

Have a question?

Not sure exactly what you're looking for or just want clarification? We’d be happy to chat with you and clear things up for you. Anytime!

Email us

info@getnucha.com

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