Episode 2 ! Behind the scenes of Captain Cause

Terms of services

The site
www.captaincause.com
 (hereinafter the "Platform") is published by RespUp SAS, a company with capital of 22,856.83 euros, whose registered office is located at 42 rue de Maubeuge 75009 Paris, registered under number 909 928 111 with the RCS of Paris (hereinafter the "Company" or "Captain Cause" or "We").
We are a platform for citizen support for responsible projects. Our aim is to encourage the financing of projects with a strong social or environmental impact, in France or the European Economic Area. These projects may be run by commercial companies or non-profit organisations. We offer services that enable corporate sponsors to donate and release funds that will be allocated to impact projects, based on the votes of various users (employees, suppliers, customers or others).
  1. OBJECT
These General Terms and Conditions of Use ("GCU") set out the conditions under which users may access and use the Platform.
This document is a contract between the user of the Platform (hereinafter "You" or "User") and the Company, hereinafter referred to separately as the "Party" and together as the "Party".
Access to the Platform is subject to the User's compliance with the Terms of Use. Consequently, by browsing the Platform, the User is deemed to have accepted the Terms and Conditions of Use.
When a User ticks the box indicating "I accept the Platform's GTUs and Privacy Policy", they confirm that they accept the GTUs without restriction.
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  1. DEFINITION
For the purposes of this contract, the following terms shall have the meanings set out below:
  • Association: means any foundation, not-for-profit association governed by the law of 1st July 1901, or any endowment fund;
  • Captain Cause Endowment Fund: means the endowment fund governed by French law, a not-for-profit organisation of which the Company is the founding member, and which acts in favour of the general interest.
  • Campaign: refers to the period during which a Sponsor or Patron offers the Voters of its choice the opportunity to vote for one (or, where applicable, several) Projects from its shortlist.
  • Amount: means any cash amount collected via the Platform from Patrons and Sponsors with a view to supporting and financing one or more Projects proposed on the Platform.
  • Personal Area: refers to the User's personal area (or account) on the Platform, accessible, where applicable, by the User using his/her login details.
  • Donator: refers to any legal entity which enters into a contract with the Captain Cause Endowment Fund with a view to carrying out a sponsorship operation for its exclusive benefit.
  • Beneficiary Organisation(s): refers to any organisation (Association, commercial company, company benefiting from approval or a label) that submits Projects on the Platform and is eligible to receive Amounts.
  • Pre-selection(s): refers to the Projects pre-selected by a Sponsor or Patron from a catalogue of several dozen Projects, in order to submit them to a vote.
  • Project(s) or Impact Project(s): refers to one or more projects carried out by an Association or a commercial company and which will be carried out with the support of the Amounts collected via the Platform from Patrons and Sponsors
  • Service(s): refers to the services offered by the Company and which are accessible via the internet on the Platform.
  • Company: means Respup. The Company is responsible for selecting the Projects, contacting the Voters via the Platform, and presenting to the Voters all the Projects for which they may vote
  • Sponsor: means any legal entity that enters into an advertising sponsorship contract with the Company with a view to supporting a Project.
  • User or Voter: means any natural person using the Platform with a view to Voting for one or more Projects
  • Vote or Voting: means the operation consisting in designating a Beneficiary Organisation which will benefit from the support of the Sponsor or Patron as the case may be.
  1. SERVICES
The Company makes the following Services available to Users on the Platform:
  • Create a User account
  • Browse the catalogue of Projects
  • Vote for one or more Projects preselected by the Patron or Sponsor
  • Share the vote on social networks
  • Consult a presentation of the provisional results of the Campaign
  • Follow the progress of one or more Projects
  • Receive by email the progress of one or more Projects.
  1. ACCESS TO THE PLATEFORM
The Platform is accessible to all Internet users. The purpose of these pages is to provide Users with information enabling them to discover the Company's activity, as well as the presentation of the Projects. The Platform also offers functions and/or information enabling Users to contact the Company.
However, certain pages of the Site and certain Services are only accessible to Users who have previously configured their Personal Space.
In order to create their Personal Space, Users must complete the required fields. If this information is not provided, the User's Personal Space will not be created and the User will not be able to benefit from the Services requiring the prior creation of such a Personal Space, in particular in the case of access to the Platform solely via an identification token.
The Company reserves the right to suspend access to the User's Personal Space and to suspend, ipso jure and without notice, the provision of all or part of the Services, in the event of a breach by the User of his obligations or commitments under these GCU.
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  1. SUBSCRIBING TO AND UNSUBSCRIBING FROM SERVICES
When using the Platform, the User acknowledges that access to certain Services may be restricted to Users with a login (email address) and password or, depending on how the User registers on the Platform, by means of a token generating a unique and strictly personal access link to the Platform. The User is solely responsible for protecting this information and ensuring its confidentiality. The User may register on the Platform either following an invitation from a Patron or a Sponsor, or on his or her own initiative.
More specifically, a Sponsor may wish to provide Captain Cause with the email addresses of its employees, partners or collaborators, so that they can be invited to register on the Platform. In this case, it is the Patron or Sponsor in question who guarantees the lawfulness and legality of the collection of the corresponding personal data from the persons concerned, as provided for in the amended French Data Protection Act.
It is specified that it is up to each User to make good use of the information brought to his attention and remains entirely responsible for it. Thus, if a User transfers or shares his/her e-mail containing the unique registration link and a third party uses the associated voting right, the Platform will by default consider this vote to be valid.
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  1. USER OBLIGATIONS
When using the Platform, Users undertake to:
  • Not to import or disseminate on the Platform any illegal content, in particular any content that infringes the rights of third parties, is defamatory, abusive, obscene, offensive, discriminatory, hateful, violent, xenophobic, incites violence or racial hatred, or any other content that contravenes morality or decency;
  • Not to communicate or send, via the Platform, any content whatsoever that refers to platforms that are illegal, offensive or contrary to the purposes of the Platform; - Not to import or publish on the Platform any content that would be contrary to the purposes of our Services; - Not to use the Platform to send unsolicited bulk messages (such as advertisements).
In the event of a breach of one or more of the obligations contained in the GCU, the Company reserves the right to prohibit the offending User from accessing the Platform.
  1. VOTE MODALITIES
The Platform's mission is to ensure that the operation is as transparent as possible.
Captain Cause therefore presents to Voters on its Platform all the Projects for which they can vote and which have been preselected by the Sponsor or Patron. This presentation will include the nature, objectives, main characteristics and progress of the Projects.
The Platform then collects the votes and presents the results and the amounts allocated. Once the votes have been finalised, the Amounts are paid to the Beneficiary Organisations.
All Votes are final. The User is therefore informed and accepts that he/she may not change his/her vote. In the event of usurpation of his/her identity by a third party, the User is required to inform the Platform in order to determine what recourse, if any, may be available.
The voting process currently used by the Platform is as follows:
  • Depending on the case, each User is allocated a specific and explicit Amount by a Sponsor (for example: 10 euros) or an individual right to participate within a consultation allowing a global envelope to be distributed (for example: 100,000 euros)
  • Depending on the parameters decided by the Sponsor and by the Platform, the User may decide to allocate this Amount by voting for one or more Projects from a list pre-selected by the Sponsor.
  • If permitted to do so and if the User chooses several Projects, the Amount will be divided equally between the various Projects chosen.
  • The User may vote throughout the duration of the Campaign, as decided by the Sponsor or Patron and indicated to the User.
  • If the User has not voted during the duration of the Campaign, his/her Vote is deemed not to have been cast. All the Amounts corresponding to the Votes not cast are collected and will be allocated to the Projects Shortlisted by the Sponsor or Patron, in the same proportion as the results of the votes cast by the Users.
The Platform shall take all measures to demonstrate the proper use of the funds by the Beneficiary Organisations.
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  1. IMPACT PROJECTS
All Beneficiary Organisations guarantee to the Platform and its Users that the Projects they are promoting are not contrary to public order, do not offend human dignity, are not contrary to public decency and do not engage in illegal activity. Any User who is aware of any action by a Beneficiary Organisation that is contrary to these GCU may notify the Platform, which will take all necessary steps with regard to the Project concerned and the corresponding Beneficiary Organisation.
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  1. INTELECTUAL PROPERTY
The content of the Platform, in particular its structure, design, interfaces, databases, texts, digital content, brands, images, videos, music, as well as all graphic elements and referencing of its HTML code (meta-tags), with the exception of content belonging to third parties, are the sole property of the Company. This content is protected by the French Intellectual Property Code and by any applicable national or international law.
Users are authorised to display the Platform pages on your screen solely for personal consultation on a temporary basis and in accordance with the purposes of the Platform as defined in the GCU.
Similarly, the User undertakes not to:
  • Extract, engage in web scraping, transfer or use temporarily or permanently all or part of the Platform and its databases for commercial or other purposes; - Repeatedly and systematically extract or use all or part of the information visible on our Platform, where such an operation clearly exceeds normal private use of the Platform;
  • Exploit, market or distribute any component of the Platform, in particular the information available on the Platform and any other database likely to be subject to the sui generis protection applicable to databases;
  • Use software or manual processes to copy our web pages or to record or collect information on these pages without the express prior written consent of the Company;
  • Use devices or software for the purpose of disrupting or attempting to disrupt the proper operation of the Platform; or implement actions that would impose a disproportionate burden on our infrastructures.
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  1. ACCESS TO THE PLATFORM
The Company uses all available means to offer Users of the Platform a quality service. However, we do not guarantee that the operation of the Platform will be uninterrupted or error-free. In general, we do not guarantee the completeness or accuracy of the content and information offered by Beneficiary Organisations via the Platform. We do not guarantee that the Platform will meet Users' needs. Users are responsible for ensuring that they have access to the appropriate technical resources to use our services.
We reserve the right to suspend access to the Platform from time to time in order to carry out maintenance and updates to the Platform. We will endeavour to carry out maintenance operations during non-business hours and to limit their duration.
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  1. RESPONSIBILITIES
Under no circumstances may the Company be held liable for any direct and/or indirect damage that may result from the use of the content, data or information of any nature whatsoever that may be accessed from the said hypertext links. It is the User's responsibility to check that the information appearing on these partner websites is accurate, complete and compliant with regulations. The application of these GCU does not extend to third-party sites.
The User acknowledges and accepts that the Internet network, and more generally any telematic network used for data transmission purposes, may involve risks relating to the lack of protection of certain data against possible misappropriation and risks of contamination by viruses. Consequently, the Company may not be held liable for any loss or alteration of data, any loss of profit, turnover, opportunity, time or any indirect damage, whether said loss or damage is due to negligence or any other cause, in connection with the performance or non-performance of the GCU.
The Company may not be held liable, except for gross negligence, for any act or omission, non-performance, partial performance or delay in performance of its obligations in relation to damage or loss suffered directly by a User as a result of an act or omission by another User or any other person linked to the latter.
Users are solely responsible for the entirety of the content they transmit on the Platform. Consequently, Users warrant that they will not transmit any content that infringes copyright or, more generally, any intellectual property right, or that is offensive to persons or contrary to public order or morality, failing which they will be excluded from the Platform.
The Platform reserves the right to set up links on its Platform giving access to sites, web pages or applications other than those of the Platform, and to redirect Users to other sites, web pages or applications. Users are formally informed that the sites, web pages or applications that they may access via these links do not belong to the Platform, which moreover reserves the right to remove the said links offered by its Platform to a third-party application or site if, in particular, the latter becomes contrary to the regulations in force or to its values. The Company may not be held liable for access by Users via the links set up on the Platform to third-party sites or other resources present on the Internet, nor for the content of the information provided by these third-party sites or other resources by virtue of the activation of the said links.
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  1. DURATION
The contract is concluded for an indefinite period from the date of acceptance by the User of the GCU.
The Company may, as of right, immediately suspend access to the Platform and the Service if the User fails to comply with the GCU. In this event, the Company will notify the User of the suspension by e-mail and will give the User formal notice to cease the breach.
At the end of a period of ten (10) days from the date of this notification which has remained without effect, the Company may block access to the Platform to the User at fault, without formality and without prejudice to any damages and interest to which it may be entitled in compensation for the loss suffered.
We reserve the right to modify the General Terms and Conditions of Use at any time. In this case, we will publish the new version of the Platform's General Terms and Conditions of Use and we will notify you of the change at least 15 days before the new GTCs come into force by means of a pop-up window that will appear when you connect to the Platform.
  1. DIVERSE
In the event that one or more stipulations in the GCU are deemed illegal, unenforceable or inapplicable by a court decision, the other stipulations of the GCU will remain in force, provided that the general structure of the contract is not disrupted.
The fact that a Party does not require strict compliance with any obligation in these GTUs, on any occasion whatsoever, shall not be deemed to be a waiver of any of the aforementioned rights and shall not deprive that Party of the right to require strict compliance with that obligation or with any other obligation in the GTUs at any time.
Upon termination or expiration of this Agreement, the following sections shall remain in full force and effect: Intellectual Property; Liability; Miscellaneous Provisions; Applicable Law.
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  1. APPLICABLE LAW
The GCU are governed by French law. In the event of a dispute, the Parties agree, in the first instance, to attempt to resolve it amicably.
If this fails, all disputes that may arise between the Parties relating to the signature, interpretation, validity, performance and termination of these GTUs shall be submitted to the exclusive jurisdiction of the French courts, even in the event of multiple defendants and whatever the procedure (including summary proceedings, appeal, guarantee or petition).
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