BY CREATING A USER ACCOUNT AND USING THE SERVICE BIGHEART YOU ACCEPT TO BE SUBJECT TO THE TERMS IN THESE USER TERMS AND CONDITIONS. DO NOT USE BIGHEART IF YOU DO NOT ACCEPT THE BELOW TERMS.
These terms and conditions for the service BIGHEART (”the Service”) regard Big Heart Sweden AB (”Big Heart”) and you (”the User”).
The Service is a solution that allows collection of money to charity, where the User can affect which connected charity organization receives the money donated by Big Heart (”the Donation”).
The Service makes it possible for the User to raise money for charity using the methods offered in the mobile application BIGHEART, on the website bghrt.se and by other methods offered by Big Heart. The methods offered are, for example, but not exclusively or necessarily, direct donation by payment, execution of various missions (such as taking part in a market research), using specific offers when purchasing products or services or by viewing ads. For each mission that is carried out, offer that is used or advertisement that is shown, clicked or leads to a purchase of the advertisers products or services, certain companies pay an amount where a percentage of the amount is donated to the charity that the User chooses.
2. Usage of the Service
The User confirms his or her identity in the Service with username and password. The User can also confirm his or her identity by connecting to the Service through a Facebook or Google account. If the User confirms his or her identity with username and password the User undertakes to choose username and password so that they are difficult to reveal, to not disclose them to anyone and to keep the username and password in a way that prevents unauthorized access. Big Heart can not be held responsible at unauthorized use of the Service in case the User has not followed the above. The User may only use the Service for personal, non-commercial ends. Big Heart has the right to discontinue users who are suspected, by own judgement, to violate these Terms and Conditions or otherwise abuse the Service. Big Heart may also block or ban a user account for a certain period of time to investigate any breach of this contract.
3. The Donation
The Donation is not given to the User, and the User can not personally utilize the Donation. By actively using the Service the User has the possibility to choose which of the to the Service connected charity organizations that Big Heart will donate a share of the revenue that has been generated by the User’s participation. Big Heart will administer the transaction of money to the charity organization and will be the sole sender of the Donation.
The Donation is allocated to a chosen charity organization every 30th day under the condition that the user is still active in the Service at the time of allocation. If (i) the User is not actively using the Service at the time of allocation and does not resume active usage within a continuous time of 60 days after the time of allocation (it is with ”active usage” here intended that advertisements that are connected to the Service are shown in the User’s mobile phone) or (ii) the User deletes his or her account, Big Heart does no longer have the responsibility to donate a share of the revenues generated as a result of the User’s participation since the last performed allocation.
If Big Heart has not informed the User differently, the allocated Donation to each charity organization respectively will be donated in April one time per year. In case of bankruptcy, Big Heart, or any person responsible for the company, are not required to pay the accumulated amount of money collected to charity.
Big Heart does not take responsibility for possible tax consequences that usage of the Service implies for the User.
5. Changes in the Service
Big Heart reserves the right to at any time make updates and changes to the Service.
All immaterial rights regarding or related to the Service, including but not exclusively, copyright to software or source code, is Big Heart’s exclusive property and will remain with Big Heart. The User does not through usage of the Service receive any license or other usufruct to such rights.
7. Personal data
Big Heart uses the User’s personal data to identify the User, communicate with the User, administer the User’s personal data to fulfill this agreement and administer the Service for other purposes. The personal data of Users are also handled in connection with direct marketing from Big Heart and its partners as well as for statistical purposes.
The User allows Big Heart to send newsletters with information about the Service and offers from partners to the User’s registered email address. The User is always able to unsubscribe from future newsletters by clicking on the link provided in each newsletter for this purpose.
The User is entitled to request exports of the personal data processed for the User, regardless of how it was collected. The User may also request correction, modification or updating of registered information if this can not be done on the Service itself. If the User wants to access or change the information, a request must be submitted to Big Heart electronically by email. The request is sent to firstname.lastname@example.org from the User’s registered email address.
If the User’s personal data has been processed in violation of the Swedish Personal Data Act, the User has the right to request the personal data to be corrected, blocked or deleted. The User may at any time request identifiable personal data to be permanently deleted by terminating the account in the app on the page Profile/Account Details.
Data controller for treatment of personal data is Big Heart Sweden AB, 559030–2377, Rönnowsgatan 8C, 252 25 Helsingborg, tel. nr +46 (0) 737 10 97 47, email@example.com.
8. Accessibility and responsibility
The Service is provided to the User without any commitments for support and Big Heart does not leave any kind of guarantee, stated or implied, regarding the Service, its design, functionality or regarding accessibility, which means that Big Heart does not have any responsibility towards the User or other party in case the Service at a certain moment can not be used by the User (regardless if this is due to maintenance, updates, technical problems or any other circumstance). Big Heart does not, by providing the Service, become part to any contract or agreement concluded by the User through usage of the Service and can under no circumstance be held accountable to the User for any legal act undertaken by usage of the Service or for other damages or costs, direct or indirect, predictable or unpredictable and regardless the cause of the claim, stemming from the User’s usage of the Service. Each advertiser is respectively responsible for the advertisements that are published through the Service. Big Heart can not be held accountable for the content of published advertisements.
Big Heart reserves the right to effective immediately terminate these Terms and Conditions in relation to the User, permanently suspend the User or temporarily ban the User if (i) the User violates the terms herein or (ii) in the event of a claim from third part is made towards Big Heart because of the User’s engagement with the Service or because of Big Heart providing the Service or (iii) if Big Heart in general, commercial or non-commercial reasons (eg. as an effect of a conviction or authority’s decision), decides to no longer provide the Service. At cancellation of these terms and conditions the User will immediately cease the usage of the Service.
10. Changes and terms
Big Heart owns the right to change these terms. Changes of conditions are to be notified to the user at least 30 days before they enter into force. Big Heart may also let a change come into force immediately if the change is necessary because of law, regulation, court or authority decision or other similar circumstance. Big Heart informs the user about such change as soon as possible and in the way suitable to the circumstances. If the User does not accept a change of terms the User has the right to cancel this agreement effective immediately and thereby also cease his or her usage of the Service.
Swedish law shall be applied to these user terms and conditions. Disputes that arise because of these user terms and conditions shall be settled in general court.