DONORWORLD USER AND DONOR TERMS
Last Modified: January 19, 2025
Your Acceptance
Welcome to the DonorWorld User and Donor Terms. This is an agreement (“Agreement”) between DonorWorld, (“DonorWorld"), the owner and operator of the DonorWorld Website, the DonorWorld software, iOS and Android mobile
application, components, and the DonorWorld Services (defined below) (collectively the “Platform”) and you (“you”, “your”, “User”), a User of the Platform.
PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.
Throughout this Agreement, the words “DonorWorld”, “us”, “we”, and “our” refer to our company, DonorWorld, as is appropriate in the context of the use of the words.
By clicking “I agree”, subscribing to the Platform, and accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend this Agreement or the Privacy Policy and may notify you when we do so. If you do not agree to this Agreement or the Privacy Policy please cease using our Platform immediately.
Accounts
Users may be required to register prior to using or accessing the Platform. DonorWorld offers access to the Platform to both Donors and Organizations (defined below). During registration please verify that you have created the proper account. Any user creating or
using a student account shall be designated as a “Donor” and any user creating or using an Organization account shall be designated as a “Organization” or an Organization’s authorized
user. In addition, parents of Donors may create accounts where permitted by DonorWorld. Your information will be collected and disclosed in accordance with our Privacy Policy. All users are required to provide truthful, up-to-date, and accurate information when registering for our Platform. We reserve the right to verify all user
credentials and to reject any users. You are entirely responsible for maintaining the
confidentiality of password and account and for any and all activities that occur under your account. You agree to notify DonorWorld immediately of any unauthorized use of your account or any other breach of security. DonorWorld will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.
Age Limits
Donors must be 13 years of age or older to register and use our Platform. Organizations and their authorized users must be 18 years of age or older to register and use our Platform. If you are a Donor between the age of 13 and under 18 you must have your parent(s) or guardian(s) consent to continue using the services provided and agree to this Agreement on your behalf.
DonorWorld Organizations
In addition to agreeing to this Agreement any User that is also an Organization (as defined within the DonorWorld Organization Terms) must agree to the DonorWorld Organization Terms.
Access
After registering and properly paying for our Platform, where required, we shall grant you access to the Platform as permitted by us and in accordance with this Agreement. We currently offer cloud access. If we offer software installs, where you download or install any portion of the Platform, we grant you a revocable, limited, non-transferable, and non-
exclusive license. Each device you download our Platform may only contain one copy of the Platform. All rights not explicitly granted are reserved for DonorWorld. If you breach this Agreement, your access to use our Platform may be terminated at our
discretion. Additionally, we may revoke your access to our Platform if we believe that your actions may harm us, our business interests, or any third party rights. Failure by us to revoke your access does not act as a waiver of your conduct
Platform Ownership
You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to DonorWorld and/or DonorWorld' licensors and that DonorWorld and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other
intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by DonorWorld. You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform, access to the Platform, or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by DonorWorld to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark
legend from any portion of any of the Platform, including any modifications,
enhancements, derivatives, and other software and materials developed by DonorWorld.
Platform and Services
The DonorWorld Platform may offer services (“DonorWorld Services”) to users of the Platform. DonorWorld Services may include services offered to students (“Donor Service(s)”) such as Lesson (defined below), booking or educational courses, and services offered to Organizations (“Organization Service(s)”). You may use the Platform and any
associated DonorWorld Services solely as permitted by DonorWorld. Please be aware that any DonorWorld Services are “as-is” and “as-available. We reserve the right
to alter, modify, update, or remove the Platform or any DonorWorld Services, at any time at our discretion. We reserve the right to discontinue previously offered features or
functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform or the DonorWorld Services. We reserve the
right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such
modifications or provide you access to previous versions of our Platform. DonorWorld shall have no liability to you or any third party in the event that DonorWorld exercises these rights.
User Privacy
We value your privacy and understand your privacy concerns. Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform. Please review our Privacy Policy so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Use of the Platform
When using our Platform, you are responsible for your use of the Platform. You agree to the following:
You way not copy, distribute, access, or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping” or unauthorized use of the server API;
You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
You may not use automated bots or other software to send more messages through our Platform than humanly possible;
You may not use the Platform on a computer that is used to operate nuclear
facilities, life support, or other mission critical applications where life or property may be at stake;
You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease,
loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
You may not access our Platform in an attempt to build a similar or other competitive product;
You may not use the Platform in an unlawful manner;
You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
You may not collect or harvest any personally identifiable information, including account names, except where permitted, from the Platform;
You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;
You may not violate any requirements, procedures, policies or regulations of networks connected to DonorWorld;
You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform;
You may not interfere with or disrupt the Platform;
You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
You agree that you will not hold DonorWorld responsible for your use of our Platform; and
You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party’s website, such as by requesting its removal from a search engine.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Additionally, if we
believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform. Generally, we will provide an explanation for any suspension or
termination of your use of any of our Platform, but DonorWorld reserves the right to suspend or terminate any account at any time without notice or explanation.
User Content
A Users ability to submit or transmit any information through the Platform, including but not limited to Lesson (defined below) information, Organization Content (defined in the Organization Terms), data, recordings, information, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User
Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. We may provide industry standard security but we cannot guarantee the absolute safety and security of any such User Content. Any
User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.
When you submit any User Content to us, you grant DonorWorld, its partners, affiliates, Users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute,
store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform for the duration of this Agreement. Please be aware that User Content may be shared with third parties. DonorWorld has no liability to Users for any User Content including all data, information, copy, images, URL names, and anything else
submitted by you or any third parties using the Platform. Specifically, DonorWorld shall not be liable for any errors related to any User Content. We reserve the right to remove,
delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.
Monitoring User Content
DonorWorld shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, DonorWorld shall have the right, but not the obligation, to remove any User Content at its sole discretion. For example, we may remove User Content if we believe that any User Content may harm us or our business
interests or violate any United States laws or regulations. We have no obligation to retain or provide you with copies of any User Content after your termination of this Agreement.
Platform Availability
Although we try to provide continuous availability to you, we do not guarantee that the Platform along with any offered DonorWorld Services will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or
specific availability of the Platform. You agree and acknowledge that the Platform uses remote access and may not always be either 100% reliable or available. We reserve the right to refuse service to the Platform or to terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
Intellectual Property
The name “DonorWorld” along with the design of the DonorWorld Platform and any
text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein ("Marks"), are owned by or licensed to DonorWorld, subject
to copyright and other intellectual property rights under United States’ and foreign laws and international conventions. DonorWorld reserves all rights not expressly granted in and
to the Platform. You agree to not engage in the use, copying, or distribution of anything contained within the Platform unless we have given express written permission.
Idea Submission
DonorWorld or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to DonorWorld. The
sole purpose of this policy is to avoid potential misunderstandings or disputes when DonorWorld’ products might seem similar to ideas you submitted to DonorWorld. Where you submit any Submission, whether solicited or unsolicited, you agree that: (1) your Submissions and their contents will automatically become the property of DonorWorld, without any compensation to you; (2) DonorWorld may use or
redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for DonorWorld to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
DonorWorld Content and Equipment Required
ALL DONORWORLD CONTENT FOUND ON THE PLATFORM IS FOR GENERAL
INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. DonorWorld does not endorse or warrant any DonorWorld content (“DonorWorld Content”), such as, encountered on the Platform including but not limited to any materials, recordings, manuals,
documentation, or other information. All DonorWorld Content is offered “as-is” and without warranty of any kind. DonorWorld Content should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Platform is at your own risk. Please be aware that DonorWorld Content may be inaccurate, untimely, or contain errors. You should refer to your state’s or country’s vehicle code, traffic legislation, and official driver’s manual for exact accuracy related to any DonorWorld Content. The DonorWorld Content found on our Platform, including any notifications, scheduling, or registration tools provided, are offered only for informational purposes. You solely are responsible for your use of any DonorWorld Content and you agree to release us from any liability related to your use of any DonorWorld Content.
In order to access the Platform, you may be required to purchase “Equipment” such as a computer or other mobile device. You are solely responsible for purchasing and properly connecting such Equipment to access the Platform. Please be aware that standard data, calling, and message rates apply. Please consult your communications provider for a full list of fees and charges. DonorWorld shall not be liable to you for any failure or issue related to any Equipment you may use to interact with the Platform.
Third Party Websites and Content
DonorWorld does not endorse or warrant any Third Party Content including but not limited to any materials, results, information, or other data provided by a third party
(collectively “Third Party Content”) and does not assume responsibility for any Third Party Content encountered whether through the Platform or otherwise. If you use or access any
Third Party Content you do so at your own risk. We recommend that you independently evaluate Third Party Content and you should not solely rely on the Third Party Content
displayed on the Platform to make any decisions. If you require more information regarding any Third Party Content, please contact the owner of such Third Party Content. Further, DonorWorld assumes no liability for inaccuracies or misstatements made by such third parties responsible for such Third Party Content. DonorWorld does not endorse, recommend, verify, or warrant any Third Party Content or any third parties encountered on the Platform.
Through the Platform User may connect to third party software, services, or websites (“Third Party Website(s)”). Where a Third Party Website is made available through the Platform, DonorWorld does not warrant or endorse any such Third Party Websites. User uses any Third Party Websites solely at their own risk. All such Third Party Websites are controlled by third parties and such third parties are solely responsible for any claims or offerings made available through such Third Party Websites. Any issues with the
transmission, processing, or storage of any User Content by any Third Party Websites is solely to be resolved by and between you and any entity owning such Third Party
Websites. DonorWorld will not be responsible for any connectivity issues related to any Third Party Websites and the Platform. User’s access to any Third Party Websites are
subject to the terms and conditions of the owner of such Third Party Websites and User agrees that User’s use of the Platform shall not violate any terms or conditions of such Third Party Websites.
Pricing
The pricing for any DonorWorld Services or purchases is stated within the Platform. We reserve the right to increase or modify the pricing on our Platform at any time and at our
discretion and we have no obligation to offer any DonorWorld Services at prices previously offered. We may, at any time change , modify or eliminate purchases with or
without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any DonorWorld Services offered. In the event of a price increase, DonorWorld may notify you. If you do not accept the price increase, it is your responsibility to stop using the service prior to any renewal.
Occasionally there may be pricing errors on the Platform. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update such information as required without notice
For further information about pricing and subscriptions, see DonorWorld’s Subscription Terms
App Store Downloads
The following terms apply when you use a mobile application obtained from either the
Apple AppStore or Google Play (each an “Third Party App Store”) to access the Platform: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable Third Party App Store’s terms of service; (2) we are responsible for providing any maintenance and
support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in this Agreement or as otherwise required under applicable law, and you acknowledge that each Third Party App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable Third Party App Store, and the Third Party App Store, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by
applicable law, the Third Party App Store will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not
located in a country that is subject to a U.S. government embargo, or that has been
designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if
you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the Third Party App Stores are third-party beneficiaries of the terms and conditions in this
mobile application license contained in this Agreement, and that each Third Party App Store will have the right (and will be deemed to have accepted the right) to enforce the
terms and conditions in this mobile application license contained in this Agreement Use against you as a third-party beneficiary thereof.
Export Controls
You represent and warrant that: (1) you are not located in a country that is subject to a U.S., E.U., or U.K. government embargo, that has been designated by the U.S. government as a “terrorist supporting” country, or listed within a “Do Not Export” list; and (2) you are not
listed on any U.S. government list of prohibited or restricted parties;
Issues with the Platform
DonorWorld may from time to time assist a User with resolving any issues encountered on the Platform or the DonorWorld Services. DonorWorld reserves the right to assist but is not obligated to assist User in resolving any issues. Where DonorWorld assists a User in resolving an issue, User agrees that User shall abide by DonorWorld’s decision in resolving such issue and shall reasonably cooperate with DonorWorld’s instructions to resolve such issue.
Disclaimer
THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER DONORWORLD, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE
PLATFORM OR ANY DONORWORLD SERVICES; (2) ANY INFORMATION OR CONTENT
PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO DONORWORLD, OR VIA THE PLATFORM. FURTHER, WE DO NOT WARRANT THAT THE PLATFORM WILL FACILITATE OR ENABLE THE USER TO IMPROVE
HIS/HER SCORE ON ANY DRIVING EXAM OR ENABLE THE USER TO PASS THAT EXAM IN ANY STATE. THE EXCLUSIVE PURPOSE OF THE PLATFORM IS TO ASSIST USERS IN LEARNING MATERIAL RELEVANT TO THE DRIVER EXAM IN THE USER’S STATE AND TO CONNECT DONORS WITH ORGANIZATIONS. THE SERVICE IS NOT INTENDED AND MAY NOT BE USED OR RELIED UPON AS AN EDUCATION OR A TRAINING TOOL REGARDING SAFE DRIVING AND/OR HOW TO AVOID AN ACCIDENT.
IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. DONORWORLD DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. DONORWORLD DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY USER CONTENT) ON THE
PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. DONORWORLD DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR
JURISDICTION, AND DONORWORLD SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
FROM DONORWORLD OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
BY ACCESSING AND/OR UTILIZING THE PLATFORM AND/OR THE DONORWORLD SERVICES, AND/OR BY REGISTERING AN ACCOUNT, YOU FULLY RELEASE DONORWORLD FROM ALL LIABILITY ARISING FROM, BUT NOT LIMITED TO, PROPERTY DAMAGE, DEATH, PERSONAL INJURY, PERSONAL LOSS AND OTHER CIRCUMSTANCES RESULTING FROM YOUR DRIVING ABILITIES OR INABILITIES, ERRORS, INTERACTIONS WITH OTHER USERS, LACK OF EDUCATION, MISINTERPRETATION OF LEARNING MATERIALS, OR THE LACK OF LEARNING MATERIAL OR ERRORS IN THE MATERIAL
PROVIDED BY DONORWORLD. IN NO EVENT SHALL DONORWORLD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DONORWORLD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY DONORWORLD’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE
FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO ORGANIZATIONS IN THE PAST SIX (6) MONTHS OR ONE HUNDRED USD, WHICHEVER IS GREATER.
Release
In addition to the above, you specifically and expressly release DonorWorld, its officers, directors, employees, agents, successors, and assigns from all liability, both direct and indirect, related to any and all claims and demands you may assert against any third party arising from your use of the DonorWorld Platform. If you are a Georgia resident, you expressly agree to waive any claims or rights under Georgia law that would limit the scope of this release, including but not limited to any principles that would prevent this release from covering claims that you do not know or suspect to exist at the time of execution,
which, if known, might have materially affected your decision to enter into this release.
Indemnity
You agree to defend, indemnify and hold harmless DonorWorld, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
your use of and access to the DonorWorld Platform or your authorized user’s use of the Platform;
your violation of any term of this Agreement, the Organization Terms, or the Privacy Policy; or
your violation of any third party right, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive this Agreement and your use of the DonorWorld Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial. If you are an Organization these indemnification obligations extend to all of your authorized users.
Copyrights
We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:
Your name.
The name of the party whose copyright has been infringed, if different from your name.
The name and description of the work that is being infringed.
The location on our Platform of the infringing copy.
A statement that you have a good faith belief that use of the copyrighted work
described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise
permitted by law.
-
A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an
exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of DonorWorld, support@thedonorworld.com or DonorWorld, 4160 Logan Dr., Suite 2900, Loganville, GA 30052
Counter Notice
In the event that you receive a notification from DonorWorld stating content posted by you has been subject to a copyright takedown notice, you may respond by filing a counter- notice pursuant to the DMCA. Your counter-notice must contain the following:
Your name, address, email and physical or electronic signature.
The notification reference number (if applicable).
Identification of the material and its location before it was removed.
A statement under penalty of perjury that the material was removed by mistake or misidentification.
Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where the notice provider is located (if you are not in the US).
Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter- notice in accordance with the takedown notice instructions above.
Choice of Law
This Agreement shall be governed by the laws in force within Sweden and shall be governed by and construed in accordance with substantive Swedish law, without regard to any
principles concerning the choice of law. .The offer and acceptance of this contract is deemed to have occurred in Sweden
Disputes
Any dispute relating in any way to this Agreement, the use of the Platform including the DonorWorld Services shall be finally settled by arbitration administered by the
Stockholm Chamber of Commerce Arbitration Institute (“SCC”). The SCC Rules for Expedited Arbitrations (“Expedited Rules”) shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and
other circumstances, that the SCC Arbitration Rules (“Arbitration Rules”) shall apply. The number of arbitrators shall be one (1); unless the Expedited Rules or Arbitration Rules require otherwise. The choice of arbitrator shall be agreed upon by the parties or selected via the Arbitration Rules or Expedited Rules. The location of any arbitration shall be
Stockholm, Sweden and each party shall bear its own costs in arbitration. The language to be used in the arbitral proceedings shall be English. The parties agree that all arbitration conducted under this arbitration clause shall be kept confidential, and all information,
documentation, materials in whatever form disclosed in the course of such arbitration shall be used solely for the purpose of those proceedings. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for nonpayment, in a court of appropriate
jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration.
Class Action Waiver
You and DonorWorld agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with DonorWorld are deemed to conflict with each other’s operation, DonorWorld shall have the sole right to elect which provision remains in force.
Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this
Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Assignment and Survival
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon
termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Access, Payment, Indemnification, Arbitration, and all terms as set forth within the Organization Terms.
Termination
You may terminate your access to the Platform or terminate this Agreement any time via your DonorWorld dashboard or by contacting us
at support@thedonorworld.com. However, termination does not relieve you from any obligations or payments required by this Agreement. Please be aware that upon
termination of your account or subscription, access to all or portions of our Platform may become immediately disabled and any User Content may become immediately inaccessible. We may terminate this Agreement or your access to the Platform at our
discretion or if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform
policies; or (3) if we believe that any of your current or future actions may legally harm DonorWorld, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
Entire Agreement
This Agreement along with Organization Terms (where applicable) and the Privacy Policy and any other supporting agreements provided by DonorWorld constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Any waiver, modification or amendment of any
provision of this Agreement will be effective only if in writing and signed by a duly
authorized representative of each party. Where this Agreement conflicts with our Privacy Policy or any other documentation listed on our website this Agreement shall supersede
and control. Where this Agreement directly and explicitly conflicts with the Organization Terms the Organization Terms shall supersede and control.
Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
Electronic Communications
The communications between you and DonorWorld use electronic means, whether you visit the Platform or send DonorWorld e-mails, or whether DonorWorld posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from DonorWorld in an electronic form; and (2) agree that all terms, conditions, agreements, notices,
disclosures, and other communications that DonorWorld provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Notices
Any notices required under this Agreement shall be delivered to DonorWorld , 4160
Logan Dr., Suite 2900, Loganville, GA 30052, delivery confirmation required. Any notices to User shall be delivered either electronically via email or to the User’s account within the Platform.
Contact Us
Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact us at support@thedonorworld.com.
Acts of God
All errors shall be at the sole responsibility and expense of the user. Additionally, we shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Platform, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you, inability to access to the Platform, failure of a communications satellite, strike, labor
dispute, riot or insurrection, war, explosion, malicious mischief, fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God, failure or
reduction of power, or any court order, law, act or order of government restricting or prohibiting the operation of or access to the Platform.
Georgia / California Users
Any questions regarding pricing, complaints, or inquiries about DonorWorld should be sent to our agent for notice at: support@thedonorworld.com or DonorWorld, 4160 Logan Dr, Suite 2900, Loganville GA 30052
Georgia users are entitled to the following specific consumer rights notice: The Georgia Department of Law’s Consumer Protection Division may be contacted for assistance or to file a complaint. You can reach them by visiting their website or contacting them directly.
California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Additional Terms for Donors
Donors are subject to all User terms and the additional terms as stated within Section 40- 48 of this Agreement.
Lessons
Organizations may offer driving lessons or driver’s education classes (collectively “Lessons”) to Donors via the Platform and a Donor may use the Platform to pay for Lesson
registration fees (“Lesson Fee”). Please be aware that all Lessons are solely offered by Organizations and DonorWorld does not offer, recommend, endorse, or otherwise warrant any Lessons offered by an Organization. From time to time, we may have to cancel an already booked Lesson between a Donor and an Organization and Donor releases us from any liability related to such cancellation.
Payments
Donor agrees to pay for all costs, fees, and taxes listed when booking a Lesson or purchasing any other Donor Services such as DonorWorld iLearn. Donor authorizes DonorWorld or its third party payment processors to charge their method of payment on file at the time of purchase. Where applicable, you must agree to our third party payment processors terms and conditions for processing payments. All prices are listed in the currency as stated on our Platform. Where your payments have failed we may suspend your access to the Platform or the Donor Services where applicable.
Chargebacks and Declines
If we believe that you have participated in a chargeback (fraudulent or otherwise), we will pursue our claims against you to the fullest extent allowed by law. We may forward your
information to the applicable law enforcement agency and your chargeback may result in either a civil fine or jail time. Where your credit card has been declined after any purchase, you agree that we may resubmit your charge until such charge is fully paid, whether the charge is made as one additional charge or as installments.
Taxes
Where DonorWorld does not charge you taxes for any purchases or payments, you agree to pay any and all applicable taxes and verify such payments at the written request of DonorWorld.
Cancellation or Refunds of Lessons
Lessons are solely offered by Organizations thus any issues with refunds or Lesson
cancellations are solely the responsibility of the Organization offering the Lesson. All Lesson refunds or cancellations are subject to the terms and conditions posted by the Organization and applicable settings selected within the Platform by the Organization offering the
Lesson. You agree to waive any liability DonorWorld may have to you in regards to any refund or cancellation issue with a Lesson offered by an Organization. Where a refund for any Lesson Fees is issued, DonorWorld may deduct service fees or other payment processing fees and Donor agrees to the deduction of such fees for any Lesson Fees refunded. Where the Organization has failed to adhere to its cancellation or refund policies, please contact us.
Organizations and Donors
Any agreements entered into between a Donor and Organization including any Lesson registrations and payments are solely between the parties. DonorWorld may not be
obligated and is not a party to any contract that Donor enters into with any Organization. THE DONOR AGREES TO HOLD DONORWORLD FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR ACCESS TO THE LESSONS OR YOUR INTERACTIONS WITH ORGANIZATIONS. DONORWORLD IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY DONOR OR ORGANIZATION, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY ORGANIZATION OR ANY ORGANIZATION CONTENT ENCOUNTERED BY
DONOR. Donor and Organization are the solely responsible for resolving any disputes
between any Donor and Organization. Although DonorWorld may display Lessons based on a User’s preferences, DonorWorld does not introduce, endorse, or recommend a
Lesson or Organization to any Donor. Any opinions, advice, or information expressed by any Organization are those of the individual and the individual alone and they do not reflect the opinions of DonorWorld. DonorWorld does not direct, is not an employer, has no
control over, makes no representations, and does not guarantee the quality, safety or legality of any Organization, any Organization Content, or any Lessons offered.
DonorWorld iLearn, Purchases, and Subscriptions
The Donor Services include “DonorWorld iLearn” an educational tool for
Donors. DonorWorld iLearn includes full access to the specified course for the duration of the subscription period.
Payment is charged through your iTunes, Google Play, bank account, or credit card account at confirmation of purchase.
If you started the subscription using Apple AppStore via iTunes or Google Play via Google, your iTunes or Google Play account will be automatically renewed and charged for renewal unless turned off in iTunes Account Settings or Google Play settings respectively at least 24 hr before the current subscription period ends (including the free trial period). The unused portion of the free trial is forfeited after purchase.
If you started the subscription using the online payment system on the DonorWorld Website - your bank account will be automatically renewed and charged for renewal unless turned off in your DonorWorld Account Settings at least 24 hr before the current subscription period ends (including the free trial
period). The unused portion of the free trial is forfeited after purchase.
Your subscriptions may be managed by the user and auto-renewal may be turned off in the user’s iTunes Account Settings, Google Play Settings, or DonorWorld Account Settings after purchase. However, you are not allowed to cancel the current subscription period during its active subscription period.
For information about DonorWorld iLearn, payments, subscriptions, refunds, and cancellations, see our Subscription Terms