Terms and Conditions

1. ¡Welcome to Lets Collect!

In this section we will explain our terms of use and conditions. When you use LetsCollect.org (or Recaudemos.org), you are accepting each and every regulation we specify in this section. Some of the regulations need to be explained using legal terms, however we made every effort to bring simple and clear explanations to everything.

Welcome to Lets Collect. By using this website (the "Site") and the Functions (understanding they are the same thing with the site, the "Functions") of Asociación Fondo de Ayuda Recaudemos denominated together with its subsidiaries, affiliates, agents, representatives, consultants, employees, managers and administrators, as "Lets Collect" or "us", you will be accepting to comply with this legally binding rules (the "Terms"). At the same time, you agree to adhere to our Privacy Policies and comply with all the rules of the Site, such as our Community Rules and the rules to initiate causes (or "projects").

We may modify these terms from time to time. If we do, we will notify you of the significant changes through a notice on the Site or through an email. The new versions of the terms will never be applied retroactively and we will inform you      of the exact date on which they will take effect. If you keep on using the site after any modification, It will be considered that you accept the new terms.


2. Creating an account

You can navigate the site without registering or opening an account, but in order to use some of the functions of Lets Collect, you must register, choose a username and define a password. The information you provide when you do so must be true and complete.

Do not impersonate another person or choose names offensive or that infringe the rights of another person. If you do not comply with these rules, we will have the right to cancel your account. You are responsible for all      the activity of your account and maintain the confidentiality of your password. If you discover that another person has used your account without your permission you must report it by email to support@recaudemos.org.

To create an account, you must be at least 18 years old, or the legal age to be able to enter into a binding contract at your place of residence. If we consider it necessary, we may ask you to prove your age.


3. Things you should not do

Recaudemos is a platform used by a large community of people. We hope that all of them behave responsibly and make this site a pleasant place.       Do not perform any of these actions on the site:

• Do not break the law.
• Do not take any action that infringes or violates the rights of other people or that violates the law or any contract or legal duty that you have with any person.
• Do not lie. Do not post information that you know is false, misleading or inaccurate. Do not make any deceptive or fraudulent action.
• Do not offer prohibited items. Do not offer illegal rewards that violate any of the policies, rules or rules of Lets Collect or that violate laws, decrees, ordinances or regulations in force.
• Do not harass anyone. Do not take any action that is threatening, abusive, harassing, defamatory, libelous, malicious, offensive, coarse or invasive to the privacy of another person.
• Do not send spam. Do not distribute unsolicited or unauthorized advertising or promotional material, junk mail, junk mail or message chains. Do not run mailing lists, list servers or any type of automatic response service or unwanted email on the Site or through it.
• Do not damage other people's computers. Do not send software viruses or other elements (code, movies, programs) designed to interfere with the proper functioning of any software, hardware or equipment on the Site (whether it belongs to Lets Collect or a third party).
• Do not misuse the personal information of other users. When using Lets Collect, and especially if you create a project that gets all the necessary funding, you may receive information from other users, such as name, email address and postal address. This information is provided for the sole purpose of participating in a Lets Collect project: do not use it for other purposes or illegally.

In Lets Collect we must also make sure that the Site is safe and that our systems are working correctly. So do not do any of these actions, which is equivalent to saying "do not spoil our system":

• Do not try to interfere with the proper functioning of the Functions.
• Do not try to damage or gain unauthorized access to any system, data, passwords or any other information, whether they belong to Lets Collect or own a third party.
• Do not avoid the measures we have put in place to protect the Functions.
• Do not take any action that imposes an unreasonable burden on our infrastructure or our suppliers. (We reserve the right to determine what is reasonable.)
• Do not use any type of software or device (neither manual nor automatic) to "track" any part of the Site.
• Do not disassemble or reverse engineer any aspect of Lets Collect to try to access source code, fundamental ideas or algorithms, among other elements.


4. How the causes work

In this section we will explain the relationship between the creators and the donors of the projects shown in Lets Collect and the responsibilities of each of the parties. This is what you accept when you create or sponsor a cause in Lets Collect.

Lets Collect provides a platform for financing causes. When a creator publishes a cause in Recaudemos, he is inviting other people to formalize a contract with him. Any person who sponsors a cause is accepting the proposal of the creator and, therefore, the contract.

Recall is not one of the parties to this contract. The contract is a direct legal agreement between the creators and their sponsors. These are the terms that govern the agreement:

• When a cause receives all the funding it needs, the creator must carry out the cause. Once the creator does it, it will be considered that he has already satisfied his obligations with his sponsors.
• Throughout the process, the creators owe their sponsors a high level of effort, sincerity in the communication and their dedication so that the cause comes to be done. At the same time, the sponsors understand that the cause is for social benefit. Changes or delays may occur, and there is a possibility that something may happen that prevents the creator from completing the cause as promised.

If a creator can not complete his cause, he will be deemed to have breached his basic obligations in accordance with this agreement. To remedy this situation, the creator must make every effort to find another way to achieve the best possible conclusion of the cause for the sponsors. A creator who finds himself in this situation has only subscribed to the situation and satisfied his obligations to the sponsors when:

• Publish an update that explains what part of the work has been done, how the funds have been used and what prevents the creator from completing the cause as planned;
• Work diligently and in good faith to bring the cause to the best possible conclusion within a period of time communicated to the sponsors;
• Can show that the funds were used in the most appropriate manner and that you have made every effort to complete the cause as promised;
• Has been sincere and has not made any false claims in his communications with his sponsors;

The creator of the cause is solely responsible for fulfilling his promises in everything related to his project. If the creator can not comply with the terms of this agreement, will be subject to legal actions that may be taken by the sponsors. We will not get involved with any of the parties.


5. How the financing works

In this section we will explain details of the sponsorship and the creation of the causes: Process of fundraising and if contributions can be modified or canceled.

These are the terms that apply to the sponsorship of a cause:
You will indicate your payment information to make the respective payment. Your payment will be charged at the time you accept the charge through our collection providers. We will issue the authorized voucher about the donation received.
The completion date of the approximate cause is an estimate of the creator. This estimate may change as the creator works on the cause. We ask the creators to determine a date that they believe they will be able to complete without problems and to inform the sponsors of any changes that may occur.
We do not make reimbursements. The responsibility to complete the cause is exclusive of the creator of the cause. Lets Collect can not guarantee the work of the creator and does not offer refunds.

These are the terms that apply to the creation of a cause:
The cause is property of the creator, including photographs, videos, writing, purpose, time to complete and amount requested.
We will deduct our commission before depositing the funds in your account. Lets Collect and our associated payment entities will deduct their commissions before transferring the funds collected for a project.
Do not make castles in the air. Do not assume that you can start your cause when you want; It is possible that for some reason we can not accept it or that there is a problem that takes time to resolve. Do not assume that you can receive your financing immediately; There may be a delay between the completion of a cause that reaches its funding objective and its access to funds. And do not take any action that depends on obtaining the money from the contributions until you can actually withdraw it from your account and spend it.


6. Evaluation of the causes

Once Lets Collect receives the cause, it asks the Creator for a series of documents, such as: constituent document of the organization that postulates the social project, Personal Identification Document, objective or objectives of the social project or initiative to present, budget, among others considered necessary to validate the authenticity of it.

Receiving the information of a cause by Lets Collect does not imply in any case the approval of the publication. Once the Lets Collect team approves the publication, they will contact the Creator user, by telephone and/or by email to inform the details of the publication and the amount approved to be collected.

For publication, Lets Collect will request from the Creator the bank details of the organization receiving the funds. Recaudemos will promote the dissemination of the Cause through its social networks, with the purpose of making it known. In no case does this guarantee the collection of the published amount.

As part of the evaluation process, Recaudemos will take into account that the application complies with what is stated in these Terms and Conditions. In the case that the Cause or Project is approved or not, the answer will be sent by email or telephone. In the event that it is approved, the Creator will be informed of the date on which the Cause will be published in The Site, and the approved amount of the Collection Goal by email and / or telephone call.


7. What we do not do and what we are not responsible for

We do not supervise the causes and we do not mediate in the disputes between the users. We are not responsible for any possible damages or losses arising from your use of the Functions. We do not engage in disputes between users or between users and third parties in relation to the use made of the Functions. We do not monitor the progress or the punctuality of the causes. When you use the Functions, you are releasing Lets Collect from all possible claims, damages and claims of all kinds, known and unknown, suspected and unsuspected, revealed and undisclosed, arising from such disputes and the Functions, or any related to them. When you access the content through the Functions, you do so at your own risk. You are solely responsible for any damage or loss that occurs, for any of the parties, as a result of such access.


8. Charges

Lets Collect does not charge the Creator any initial commission for creating an account or for creating a cause. Lets Collect retains a fixed percentage of each sponsor contribution to a project to pay operating expenses. Additionally, each payment provider is an entity of its own and Lets Collect is not responsible for its performance. Likewise, an additional commission is deducted for the processing of the payment of each donation that is paid directly to our payment providers.          The commissions that are charged are:
• Operating expenses of Lets Collect: 5% of the amount of each transaction.
• Acquirer Bank (Payment gateway): 2.24% of the amount of each transaction.
• Anti-fraud engine service: $ 0.25 or Q2.00 for each transaction processed by Cybersource.

For a better understanding we show two different raising scenarios of our causes:

Desciption Percentage Scenario A Scenario B
Fundraising Goal Q 20,000.00 Q 10,000.00
Amount Raised Q 18,000.00 Q 15,000.00
No. of donations 50 14
Operating expenses 5% Q 900.00 Q 750.00
Payment gateway commission 2.24% Q 360.00 Q 300.00
Anti-fraud engine service Q2 for each transaction Q 100.00 Q 28.00
Amount that the Creator will receive: Q 16,640.00 Q 13,922.00

The sponsors acknowledge that by contributing to a project, the sponsor agrees with each and every one of the applicable terms and conditions stipulated by our payment partners, as well as with these Terms and Conditions of Use.          The fees are deducted directly from each contribution of the sponsors, and will not be reflected in the amount that a creator can withdraw from the project. We reserve the right to occasionally change the Lets Collect commissions. If Lets Collect modifies your commissions, we will notify you in advance on the Site or by email. If you continue to use the Functions after entering into force          the changes in the commissions, this will suppose its acceptance to the modification of the commissions.      You are responsible for paying any commission or additional fee derived from your use of Lets Collect.
You can use our payment calculator to estimate how much money you will receive in your cause in different scenarios by clicking here.


9. Other websites

If you follow a link to another website, the actions that occur there will be between you and them, not us.

Lets Collect may contain links to other websites; for example, cause pages, user profiles and comments may contain links to other websites. When you access third-party websites, you do so at your own risk. We do not control or endorse such websites.

Lets Collect is associated with other companies such as Visa, for the processing of payments. When you sponsor or create a campaign, you are accepting the terms of service of the payment processor.


10. Your intelectual property

We do not own what you publish in Lets Collect. However, when you make a publication, you will be giving us permission to use your content, or copy it, as we need to run the site or to show people what is happening in it. Normally we only use it to promote causes and to promote our community on the website. You will be responsible for the content you post and confirm that we can use it.

We do not own the content you send us (your "Content"), but we need you to grant us certain licenses to be able to collaborate with your cause. When you send a campaign for review or when you create it, you accept the following terms:

We can use the content you have sent. You grant to us and to third parties acting on our behalf, the non-exclusive, perpetual, irrevocable, royalty-free, sublicensable and transferable, worldwide right to use, exercise, commercialize and exploit intellectual property rights, advertising and related trademarks to your Content.

When we use the content, we can make changes, such as editing or translating it. You grant us the right to edit, modify, change the format, quote, delete or translate any part of your Content.

The creator will not send material whose intellectual property rights it does not hold (unless it has permission to do so). Your content will not contain third party material protected by intellectual property rights or material subject to other rights of third parties, unless you have permission from the legitimate owner of the rights of the material or have the lawful right to publish the material (and to grant to all the license rights indicated herein).

The royalties or license rights on your Content are your responsibility. You will pay all royalties and any amount owed to any person or entity for your Content or for the hosting of such Content in Lets Collect.

You guarantee that if we use your Content we will not be infringing the intellectual property rights or any other type of right. If Lets Collect or your users exploit or use your material as contemplated in this agreement, you guarantee that we will not be committing a violation of the rights of any third party, including, among others, the rights of protection of personal data, rights of advertising, intellectual property rights, contractual rights or any other right of ownership or industrial property.

You are responsible for the material you publish. All information sent to the Site, whether published publicly or transmitted privately, is the sole responsibility of the person who created the Content.

We are not responsible for any possible errors in your Content. Lets Collect will not be responsible for any error or omission present in any Content.


11. Intellectual and industrial property of Lets Collect

The content present in Recaudemos is protected in several ways. You have the right to use it for certain personal purposes, but you can not use it for commercial purposes without obtaining prior permission.

The Functions of Lets Collect are legally protected in various ways, such as through intellectual property rights, trademarks, patents and trade secrets, as well as other rights and laws. You agree to respect all the mentions, data and legal restrictions on intellectual property rights included in any content that is accessed through the Site. You also agree not to modify, translate or create derivative works of the Functions in any other way.

Lets Collect grants you a license to reproduce content of the Functions solely for personal use. This license covers both the protected content of Lets Collect itself and the content generated by the users of the Site. This license is worldwide, non-exclusive, non-sublicensable and non-transferable. If you wish to use, reproduce, modify, distribute or store this content for commercial purposes, you need to obtain the prior written authorization of Recaudemos or the owner of the corresponding intellectual property right. "Commercial purposes" means that you intend to use, sell, assign, rent or exploit in any other way, content for commercial use by any method.


12. Deleting your account

We can delete your account at any time. However, deleting your account will not remove the content that you have already published.

You can close your account at any time, but all the clauses of this agreement will remain valid after the cancellation of the account, including our rights regarding any content that you have already sent to the Site. For example, if you have created a campaign, the removal of your account will not imply the withdrawal of the project from the Site.


13. Our rights

In order to function, we need to maintain control over everything that happens in our website. Therefore, in this section we reserve the right to make decisions to protect the soundness and integrity of our system. We do not take these competences lightly, and we will only use them when we have no other alternative.

Lets Collect reserves the following rights:
• We may make changes to the Site and the Functions of Lets Collect without notice and without incurring any liability.
• We have the right to decide who can use Lets Collect. We can cancel accounts or refuse to offer our Functions, especially if they are being misused. We can change our acceptance criteria at any time. If these practices are prohibited by law in your place of residence, we will revoke your right to use Lets Collect in your jurisdiction.
• We have the right to cancel any contribution to any cause, at any time and for any reason.
• We have the right to refuse, cancel, interrupt, eliminate or suspend any cause, at any time and for any reason.

Lets Collect is not responsible for damages arising from any of these actions, and our policy is not to comment on the reasons for such actions.


14. Exclusion of guarantee

We strive to provide a great platform, but we can not guarantee that everything always works perfectly. This site is presented as is, without any guarantee.

You use the Functions at your own risk. The functions are provided "as is", "according to availability" and without guarantees of any kind, neither explicit nor implicit.

LETS COLLECT DISCLAIMS SPECIFICALLY ANY WARRANTY AND CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT AND SUITABILITY FOR A SPECIFIC PURPOSE, AS WELL AS ANY IMPLIED WARRANTY THAT COULD BE REMOVED FROM ANY ACTION DURING THE OPERATIONS, FUNCTIONS OR COMMERCIAL USES. NO RECOMMENDATION OR INFORMATION (VERBAL OR WRITTEN) THAT YOU HAVE OBTAINED FROM LETS COLLECT SHALL CREATE A WARRANTY.


15. Compensation

If you perform in Lets Collect any action that has as a consequence that we are sued, it is your obligation to help us defend ourselves.

If you take any action that results in us being sued, or if you fail to comply with any of the promises made in this agreement, you agree to defend us, indemnify us and exempt us from any liability, request for compensation and expense (including attorneys' fees and the judicial costs, up to a reasonable amount) derived from its use, or misuse, of Lets Collect. We reserve the right to assume the defense and exclusive control of any matter subject to this indemnification clause, in which case you agree to cooperate and help us to reaffirm our defense.


16. Limitation of liability

If something bad happens as a result of your use of Lets Collect, we will not be responsible for it.

To the maximum extent permitted by law, in no case Lets Collect, its administrators, employees, Board of Directors, suppliers or content providers will be liable for indirect, incidental, criminal, derivative, special or exemplary damages of any kind, including, but not limited to, the damages (i) resulting from their access to the Functions, or use of the Functions, or the impossibility of accessing the Functions or using them; (ii) loss of profits, loss of data or costs of acquisition or replacement of goods or services; or (iii) for any conduct or content of third parties on the Site. In no case shall the responsibility of Lets Collect for direct damages exceed (in total) the amount of one hundred quetzales (GTQ 100.00).


17. Conflict resolution and applicable legislation

We are in Guatemala, so that any dispute or litigation that may arise with us must be resolved in Guatemala, under Guatemalan law.

In Lets Collect we encourage you to contact us if you have any problems before going to court. In the unfortunate event of a judicial action, these Terms (and all other rules, policies and rules included by reference) will be governed and construed in accordance with the laws of Guatemala, without giving rise to any principles of conflict of law. You agree that Lets Collect and its Functions are considered a passive website that does not give rise to jurisdiction over Lets Collect nor its companies, subsidiaries, affiliates, assignees, employees, agents, administrators, managers or Board of Directors, whether specific or general, in any jurisdiction other than Guatemala. You agree that any action pursuant to law or equity arising out of these Terms or with its use, or non-use of Lets Collect, or related to these Terms or with its use, or non-use, of Lets Collect will be processed only in the courts of Guatemala. Likewise, you hereby accept and submit to the individual jurisdiction of these courts for the litigation of any action of this type. You hereby irrevocably waive any right you may have to a jury trial for any litigation, lawsuit or proceeding.


18. The rest

These are our official terms and our operating rules. If at any time you find confusing or contradictory information about any of these aspects, consult these terms, as they are the ones that govern. Thank you for reading them and for using Lets Collect.

These Terms, and the rest of the material referred to in them, are the entire agreement between you and Lets Collect in relation to the Functions. They replace any other communication and proposal (whether verbal, written or electronic) that occurs or has occurred between Lets Collect and you in relation to the Functions, and governs our future relationship. If any clause of these Terms is considered invalid by law, that clause will be limited or eliminated to the minimum extent necessary so that the Terms continue to have full force and effect and are binding. If you or Lets Collect do not exercise any of the rights stipulated in these Terms, it will not be considered a waiver of any other right.

These Terms are specific to you. You must not assign or transfer them, unless you obtain the prior written authorization of Lets Collect. Lets Collect has the right to assign, transfer and delegate any of your rights and obligations derived from these Terms without your consent. We will notify you by email, written notice or notice visible on our Site.