Cheewid (referred to throughout as “us”, “we”, “our”, “Cheewid,” “Website,” etc.) is the owner and operator of the www.cheewid.com website, an online donation platform and information provider for all social fundraisers. Any party that accesses, uses, or registers with the Website (such party referred to throughout in the second person “you”, “visitors”, “User”, “registered users,” “Social Fundraisers,” etc.) agrees to be contractually bound by these Terms of Service (the “Terms”).
1.Terms and Conditions
The use of this Website by you, the User, shall be used under the Terms of Service. The User should study the Terms of Service on the Website before browsing displayed information or using Cheewid’s services. Your use of the Website, or any of the services or features accessible therein, represents your acceptance of the Terms of Service. If you do not wish to use the Website in accordance with the Terms, then you must refrain from using and browsing Cheewid and the Website.
By making a donation, you acknowledge and agree that you are at least twenty years of age, legally competent, and that you are entering legally binding agreement with all the Terms including our specific “Supplementary Terms”, or any related terms each with incorporated conditions. In addition, all individuals are subjected to the terms and conditions set forth in the appendices in the Application Submission Document.
You agree that a printed version or an electronic communication of this agreement from the Website shall be admissible in judicial or administrative proceedings.
2.Amendment and Future Revisions
Cheewid reserves the right to modify this Agreement from time to time, with or without any notice, by posting an announcement of such changes on the Site, along with the revised Agreement marked to show the date of last revision. By continuing to browse the Website after such changes are posted, you acknowledge and agree to be bound by the Agreement as revised.
We recommend all our users to check the terms and conditions regularly before utilizing the Website’s content and resources.
3.Modification, Suspension, and/or Cancellation
Cheewid reserves the right to modify the Site, change, suspend, or discontinue providing all or part of the content or functionality of the Website, with or without notice. You agree that Cheewid shall not be liable to you or to any third party for any such actions.
This agreement is effective until Cheewid is terminated. Upon any such termination, your right to use the Website will immediately cease. You agree that any termination of your access to or use of the Website may be affected with or without prior notice, and that Cheewid may immediately delete your User ID, and all related information and files associated with such credentials including, without limitation, your Submissions, and/or bar any further access to such information or files.
You acknowledge and agree that Cheewid shall not be liable to you or to any third party for any modification, suspension and/or cancellation of our services.
4.User Credentials and Responsibilities
We provide Visitors, Registered Users, and Social Fundraisers with access to the Services as described in this Agreement. Like any community, Cheewid best operates in an environment when its users follow all simple rules.
For all types of users, you agree to the following conditions:
4.1 The User/Fundraiser agrees to keep the username and password confidential. If you give or allow any other party to use the personal information and/or username and password for any purpose, it shall be deemed that such use was made by you as the service user yourself and shall be legally binding for you as the service user under Thai law.
4.2 Cheewid reserves the right to revoke and terminate user information without prior notice if the following actions are committed by the user:4.2.1 The User falsified information, that is inaccurate, misrepresentative, and harmful of the organization or the site visitors4.2.2 The User fails to keep their username and password confidential, that will harm or cause damage to other users or an organization4.2.3 The User’s activity and intentions are based on improper, illegal, fraudulent, or immoral grounds in Thai or International Law4.2.4 The User republishes or distributes information from the Website without Cheewid’s consent or prior knowledge. This is to protect the public from misreading and having possession of outdated information4.2.5 The User attempts to disassemble, hack, or otherwise reverse engineer the Website, compromising website operations and its contents4.2.6 The User spams advertising or any unsolicited material that infringes on other organization’s products or services4.2.7 The User is under the legal age and fails to fulfill all conditions of having parental control or guardianship despite being informed4.2.8 The User has acted or is suspected to be acting in any improper manner. Any act of the User maybe interpreted as improper manner upon the sole discretion of Cheewid 4.3 All Users who are younger than twenty must have parental or legal guardian consent before completing any donation transaction or participate in any physical goods exchange with organizations
4.4 Definitions of Visitors, Registered Users, and Social Fundraisers are based on the following conditions:
Visitors – Visitors, as the term implies, are people who don’t have a registered user information, but publicly browse through organization’s information and services. No login is required for Visitors. Visitors can: (a) view all publicly-available content (b) access and/or submit content to certain third-party applications (for example, by making donations to organizations and publishing comments on organization’s profiles) (“Third-Party Applications”); and (c) e-mail us.
Registered Users – Registered Users are people who have signed up and have a registered account with Cheewid.com. To be a registered user and comply to all activities set forth by website, logging in will be required: Registered Users can (a) donate to charities of interests with a visible public profile (b) update their account information (c) sign up for Cheewid’s newsletters, alerts, and other services that are only available for Registered Users (These services are being developed and will be available for usage in accordance to Cheewid’s pace of development)
Social Fundraisers, Campaign Creators – Each Non-Profit, School, Hospital, or Social Enterprise is permitted to designate a representative to manage its Cheewid Organization profile based on the following functions: (a) create and update organization information (b) respond to Registered Users and Site Visitors’ contribution comments (c) create campaigns under the Organization’s profile
Cheewid is under no obligation or incentive to accept any individual as a Registered User or Social Fundraisers, and may decide whether to reject or accept the applicant based on sole discretion. In addition, Cheewid reserves the right to delete the representative and register user’s account at anytime, given evidence that the User has violated an agreement or legal ramifications in Thailand, or has acted or is suspected to be acting in any improper manner. Any act of the User maybe interpreted as improper manner upon the sole discretion of Cheewid.
In signing up or logging in as a Registered User, you agree to (a) provide correct and complete personal information that will violate any legal constitutions and (b) take responsibility for, but not limited to, the transaction of the donation activity itself.
This Website is not intended for use by nonprofit or Social Fundraisers organized under the laws of countries other than those of Thailand. If you choose to use this Website, you are solely responsible for compliance with all applicable local laws and you consent to having your data transferred, processed, and stored in Thailand.
6.Liability and Rights
We do not have warranties or representations about the contents of the services whatsoever. You use the contents, information, and services at your own risks and comprehension. In no event shall we be liable for any damages whatsoever, resulting from information consumption, misuse of information, display of content, or any act committed by any other party whatsoever, etc.
In no event shall Cheewid or its directors, employees or agents be liable to you or any third person for (1) any indirect, consequential, exemplary, incidental, special or punitive damages, (2) any loss of profits or data due to your use of the Services, any platform applications, or any of the Content or other materials on, accessed through, or downloaded from the Website, even if Cheewid is aware of or has been advised of the possibility of such damages, (3) the Campaigns, and other available programs accessible or available through the Website by Members or Users, (4) any act or omission of the Members, the Users, an Member’s failure to comply with applicable law or any circumstance beyond control of Cheewid, (5) any conduct, speech or Content, whether online or offline, of any other third party, (6) these Terms.
6.1 Content Rights – The services or information contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Cheewid (collectively referred to as “Content”). Content may be owned by us or by third parties.Organization Content – Although Cheewid regularly conducts reviews on the content relevancy and recency, we cannot guarantee and will not be responsible that all contents are current, accurate, complete, and consistent with the organization. Most of Cheewid’s content is supplied by third parties, social enterprises, and the social fundraisers. The organization is obligated to ensure that all contents on Cheewid reflects their current state in financial, social, and any other related operational matters. Cheewid will therefore not take accountability or be responsible for any misinformation, delayed information, or any information on behalf of the organization. We will be working with organizations to ensure information matters are informed, but it is eventually the organization and the fundraiser’s sole obligation to provide us with all content material.User Content – By posting, uploading, or transmitting content or information to, or through, the Website you grant us an irrevocable, worldwide, sub-licensable (through multiple-tiers), royalty-free license to copy, store, transmit, publish, publicly display, publicly perform, and otherwise use this content or information to operate the Website as we reasonably see fit. If you submit User Content to us, each such submission constitutes a representation and warranty to Cheewid.
6.2 Intellectual Property Rights – The Website and its displayed contents (images, designs, texts), its various features and services, and underlying software and code belong exclusively to us and our Partners. You understand and agree that your use of the Website gives you no right to ownership, title, or interest in the Website or our intellectual property. the Website and its various components are protected by Copyright law, Intellectual Property law, Trademark law, Trade Secret law, and other referenceable documents to the protection of Intellectual Property rights.
6.3 Responsibility of Events and Services – All site visitors, users, and organizations acknowledges that Cheewid is only a donation platform for third-party Social Fundraisers. Cheewid shall not be responsible for any damages caused by the registered Social Fundraiser or any third parties.
6.4 Donation Refunds – Once a donation is confirmed, no refunds or cancellation service is permitted on our Website. Refunds and cancellations can be managed by the individual organization, which is outside our scope of work and not our responsibility. All communications or disputes regarding refunds are between the organization beneficiary and the user, donor, and giver. Cheewid will help in any way we can, but will not be liable or accountable for this service.
6.5 Service and Transactions Management – Cheewid will not be held liable for any loss or damage of donation, financial transactions, or form inquiries resulting from our partners and technology vendors. Exchanges or transfers of tax benefits between users will not be allowed.
6.6 Tax Benefits – Cheewid shall not be responsible for the tax benefits documentation and delivery, while the designated beneficiary organization is committed to the activity on a case-by-case basis. We disclaim all warranties where express, implied, statutory, or otherwise concerning the Website allowed by applicable law.
As a business-registered entity, Cheewid cannot provide tax benefit deductions but can only facilitate transactions via our platform system. Prior to conducting a transaction, we advise you to consult with a lawyer, legal representative, or tax advisor to obtain the optimized tax benefits for your company or as an individual.
7.Fundraising and Donation Campaigns
The site is a venue for fundraising. The Site allows certain users (“Campaign Creators”) to list campaigns and campaign index (“Campaigns” and “Campaign Index”) and raise funds from other users. Each Campaign Creator will create a target donation objective and goal, and each user may pledge amounts to the project via Payment Gateway Providers such as PayPal. Cheewid gives all that is raised throughout the campaign milestones to the Social Fundraiser or the Social Fundraisers regardless of donation amount. The donation amount will be distributed to PayPal or to a Payment Gateway Provider for payment processing fees.
7.1 As a user, you understand that making a donation to the campaign does not indicate your rights in the control, ownership, distribution rights, of the project or campaign. Ownership of the campaign remains between a bi-partisan party of Cheewid, the Social Fundraiser, Representative, and Social Enterprises on a case-by-case basis.
7.2 Cheewid is not liable for your interactions with any organizations and/or individual, which includes delivery of goods or services, terms, conditions, warranties, or representations associated with the Campaign’s creation. Cheewid does not oversee the performance or punctuality of projects, and makes no warranties about the content or integrity of the campaign including the achievement of the Campaigns created by the Campaign Creators Cheewid shall not be responsible for any damages caused by the campaign, and all deals are between you and such organizations and/or Social Fundraisers.
7.3 Cheewid cannot be held liable for the actions of the Campaign Creator, the Social Fundraiser, and the Social Fundraisers. We reserve the right to cancel the Campaign’s running progress at any time for any reason that violates our code of ethics. Social Fundraiserss and Campaign Creators are responsible for ensuring that each campaign complies to local law and regulations.
7.4 Cheewid cannot be held accountable or responsible for the poor performance of Payment Gateways utilized in the Website, such as PayPal. All activities regarding financial payment are to be managed internally between payment gateway providers and users.
7.5 Social Fundraisers, Campaign Creators, and Social Fundraiserss can initiate refunds at their own discretion and risk. Cheewid is not responsible for all actions pertaining the refunds that has been collected by the Organization.
8.Fees, Payments, and Taxes
8.1 Joining Cheewid is free. Using Cheewid is an ongoing platform for campaign services and an information platform is free. No users have to incur any costs from using Cheewid’s venue. Given that our services are free, we are also exempted from responsibilities and services on the following conditions:
8.1 Cheewid cannot be held responsible for delivering tax benefits on behalf of the Social Fundraisers, and all activities are to be managed by the organization. We advise you consult a qualified financial advisor.
8.2 Cheewid cannot be held responsible for the campaign’s financial performance and will not compensate, or obligated, to financially support a campaign to reach its successful milestones.
8.3 Social Fundraisers, Social Fundraiserss, and Campaign Creators should acknowledge that raising funds via the site will be considered taxable income for the organization. It is the Social Fundraiser’s responsibility to comply with local tax laws. Cheewid will not be responsible for any tax liability, both civil and criminal liabilities, of the Social Fundraiser.
9.External Sites and Link to Other Website
The information displayed on the Website, either generated by our third-party organizations or by our users, may display external sites. These external sites create content that is developed and maintained by others and not Cheewid. We are not responsible for the consumption of content at the external site, and are not responsible for your activities on the site thereof. You access the external sites at your own risk and consent.
10.Compliance with Thai Law
The service is based in Thailand and are under legal duties as a registered Thai business entity. We are not responsible for claims concerning content or user content that is viewed, downloaded, or consumed outside of Thailand. If you access the services and content from outside of Thailand, we are not bound to your country’s legal ramifications.
The governing law shall be the law of Thailand. This Agreement contain a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and Cheewid will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.
The arbitration shall be held under the auspices of the Thailand Arbitration Centre (“THAC”) and conducted in accordance with the THAC rules. Such arbitration shall be presided by one arbitrator who shall be appointed by the parties. Should the parties be unable to agree to the appointment of an arbitrator, the Director of the THAC shall appoint the arbitrator. The decision of the arbitrator shall be final and binding on the parties. As far as applicable, any award rendered shall be enforceable in accordance with Thai law. Notwithstanding the foregoing, judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such a court for judicial acceptance of the award and an order for enforcement, as the case may be.
Cheewid has no relationship with or legal duties to you or any user. You agree that utilizing the site’s contents, user-generated contents, or services will be at your own risks. We make no warranties or representation about the contents of the services (including without limitation, any reviews, ratings, or financial data), or user contents. We make no warranties regarding the Website’s functionality, security, or quality of contents. Cheewid’s features, contents, and services are provided “as-is” and “with all faults.” Cheewid has no control over, and no duty to take any action whatsoever regarding any uprising issue including, but not limited to, :Which users or site visitors gain access to the siteWhat content you access via the siteWhat services or goods you inquire from the organizationWhat effects the content may have on youHow you may have understood, comprehended, or used the contentWhat actions you may take as a result of having been exposed to the content
Cheewid may publicly display advertisements and other information adjacent to or included with your contents or anywhere on our site at our sole discretion. You are not subjected for any fees for such advertisements. The manner, mode, and advertising methods are subjected to future change with or without prior notice to you, the organization, or the Social Fundraisers.
You agree to defend, indemnify, and not harm Cheewid and its respective successors, boards, sponsors, employees, directors, shareholders, agents, representative, suppliers, members and any related parties from all claims, losses costs, and expenses.
You agree to hereby release us, our successors, boards, sponsors, employees, directors, shareholders, agents, representative, suppliers, members, and any related parties from all liability, costs, expenses, losses, damages, and claims which may arise from your actions and activity.
Cheewid will not be responsible for any of your actions after you access contents on our website specifically if an event hosting is posted on the Website, or acts and omissions of third parties you interact with through the Website.=
If any of the provisions are found to be unenforceable, invalid, or illegal by Thailand’s court, this finding shall not render any other provision of the terms unenforceable. This Terms of Services was last edited on June 5, 2018.
This Terms of Services was last edited on June 5, 2018.