Neki Terms of Service
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
2.1. Action refers to an activity that can be performed through the platform such as volunteering, donations – money or in kind, creating campaigns, launching challenges, celebrating occasions, etc. Neki periodically updates and enhances the services offered through the platform. All the features offered through the platform are listed on the platform and are accessible (to the extent decided by the Employer for the Employees in the SaaS Agreement) through it.
2.2. Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
2.3. Beneficiary means any individual or organization, for-profit or not-for-profit, admitted to the Platform by Neki or an Employer and in favor of which Employers and Employees may offer Benefits.
2.4. Benefit refers to any Action undertaken in favor of a Beneficiary.
2.5. Client (referred to as either, “Employer”, “Enterprise”, “businesses”) Any legal entity or organization under private or public law that uses Neki’s platform and services and makes the platform available to its employee.
2.6. Country refers to: New Jersey, United States
2.7. Company (referred to as either ,”Neki”, “the Company”, “We”, “Site”, “Platform”, “Platform and services”, “Us” or “Our” in this Agreement) refers to Neki Technologies Inc., 114 Oak Tree Ave, #289, South Plainfield, NJ 07080
2.8. Contract or Contractual Documentation refers to the user agreement that is entered into between us and you upon your acceptance of the TCs.
2.9. Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
2.10. Employee means any User employed in any form whatsoever by a Client of Neki and authorized by Neki to use the Platform. Students of schools, unless specified otherwise, shall be considered as Employees under the Contractual Documentation.
2.11. Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Platform and Service.
2.12. Platform refers to the secure pages of the Site, accessible only to registered Users following the following link: https://my.neki.io and allowing in particular interactions between Beneficiaries and Employees so that the latter can offer Benefits or undertake Actions.
2.13. Promotions refer to contests, sweepstakes or other promotions offered through the Platform.
2.14. Service refers to the services, Website, our apps, products and services.
2.15. TC or Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
2.16. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
2.17. Website refers to Neki Technologies Inc., accessible from https://www.neki.io/
2.18. You (referred to as “User”) refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable or Anyone using the Platform or any other media powered by Neki.
4. Our Contract:
By using our Platform, you are agreeing to be bound by the following contractual documentation:
4.1. This document (TCs)
4.3. Special contractual provisions, including:
4.4 The SaaS agreement only accessible to the Enterprises
4.5. The terms and conditions application to the Beneficiaries (only applicable to the Beneficiaries)
4.6. Any other contractual provisions applicable to certain services (applicable to all users)
5. Our Services:
5.1. Neki’s mission is to help employees of companies bring their personal values to work.
5.2. Specifically, Neki enables interactions between Employees of an Enterprise and the Beneficiaries through its Platform, as well as the possibility for Employees to perform other activities.
5.3. Only registered Users can create, search and participate to receive Benefits or take Actions through the Platform.
5.4. The TCs apply to all Services offered by Neki. Special provisions may apply to certain Services offered by Neki and are subject to special contracts with the Companies or Beneficiaries.
6. Use of Site and Services
6.1 The Site is accessible to any User, registered or not.
6.2. The Platform is only accessible to registered Users.
6.6. There is no right to create and maintain a profile on the Platform and/or to participate in it, and we are free to refuse or exclude a User at any time, without giving any reason.
6.7. Neki does not systematically monitor the content posted on the Platform, nor is it obligated to do so. Each User is solely responsible for the content posted on the Platform. When Neki publishes information on the Platform in the name and on behalf of a User (including the Beneficiaries), it is the User’s responsibility to verify that the information posted on the Platform complies with the information provided to Neki.
6.8. As a User you are agree that you will not (a) attack any user in any way during an experience chatroom, (b) solicit other users in any way, (c) promote your own business, services, products, etc., (d) infringe on any copyrights, patents, trade secrets, trademarks, or other right of any party, (e) attempt to obtain unauthorized access to Neki or another site or service, (f) attempt to disrupt a user’s site or service, (g) develop, share, transmit, or store information that is illegal, harmful, defamatory, abusive, obscene, or hateful, (h) attempt to be harmful to a child in any way, (i) break any state, federal, or international laws, (j) attempt to phish or pharm personal data from users or steal a user’s identity, (k) reproduce, resell, or redistribute the content, information, products or services purchased from Neki, (l) post illegal content on the Platform, such as racist, pornographic, violent or defamatory content, content violating the rights of third parties, etc., (m) agree not to post inaccurate, misleading, obscene, derogatory, offensive or otherwise inappropriate content on the Platform.
6.9. Neki reserves the right to delete any content on the Platform that it deems to be illegal or infringing on its rights or the rights of third parties and to exclude, temporarily or permanently, any User who has posted such content on the Platform, without prior notice.
6.10. Neki is a Benefits Corporation with high ethical standards, integrity, and transparency. We take copyright infringement seriously. When accessing our site, you agree to respect the privacy of other personal information and intellectual property. Your use of the site and platform is governed at all times by state and federal laws applicable to intellectual property rights. By using our site, you agree not to upload, download, distribute, or transmit any content that is under copyright agreements or trademarks from a third-party company. If any content you post potentially violates any of these laws, you will be required to prove the legitimacy and legality of your postings and Neki shall remain harmless for such claims.
6.11. Neki makes all reasonable efforts to ensure that the information on the Platform (and the social networks it uses) is accurate. However, Neki assumes no liability in this regard.
6.12. The contents of the Platform do not constitute advice, recommendations, warranties, or authorizations from Neki. They are not intended to be used as a basis for making (or not making) any decision and/or for any use whatsoever. Any User who makes a decision on the basis of, or otherwise uses, the contents of the Platform does so at his or her own risk. Neki expressly excludes all warranties, including in particular any warranty of fitness for a certain purpose and non-infringement of rights.
7. Limitation of Liability
7.1. To the maximum extent permitted by law, Neki and any of its subsidiaries, affiliates including but not limited to its directors, officers, employees, successors, analytics, agents, consultants, or hosts, donors, charities, will not be liable for any incidental, indirect, or consequential damages whatsoever (including, without limitation, information loss, loss of profits, disruptions to service, inappropriate use of service, or any other loss or damage of any kind) arising out of the use or inability to use our services or products. You acknowledge and agree that the only remedy for damages or your dissatisfaction of our services is to terminate your account and refrain from using our services in the future. The indemnification will also cover legal, trial, procedural, expert, negotiation, consulting and any other costs and expenses incurred by Neki and Neki’s Affiliates for the defense.
7.2. Neki will promptly notify the applicable User in writing of any claim made by a third party against Neki or Neki Affiliates. The Affected User (i) agrees to assist Neki or Neki’s Affiliates in any legal or other proceedings brought by the allegedly aggrieved third parties; (ii) agrees to provide Neki or Neki Affiliates with all information necessary to defend Neki or Neki Affiliates, (iii) grants Neki or Neki Affiliates the exclusive authority to conduct such defense and/or to appoint a representative of its choice to do so, and (iv) grants Neki and Neki Affiliates, and where applicable their representative, the exclusive authority to enter into a settlement agreement, after prior consultation with the applicable User
8. Intellectual Property and Rights
8.1. The design, layout, features, functionality, trademarks, logos, design, texts, artworks, graphics, images, buttons, user interfaces, information, and other content on the Neki website is the exclusive intellectual property of Neki Technologies, Inc. Neki is protected from the copying, imitating, or stealing of any of this information.
8.2. The Site and the Platform, including their interfaces and codes, are the exclusive property of Neki and may not be reproduced or otherwise used by Users, except in the context of normal use of the Platform
8.3. The User authorizes Neki to use, free of charge and on an unlimited basis, the logos, images, corporate names, trademarks and other information posted by the User on the Platform, to promote its Services on the Site and any other media (including social networks) used by Neki
8.4. Unless otherwise specified, Neki authorizes Users to reproduce and distribute the contents of the Site and the Platforms created by Neki (e.g., blogs, articles), provided they expressly acknowledge Neki as the source of the content in question.
8.5. The User guarantees that he or she has all the necessary rights to post and make public his or her content on the Platform. Insofar as certain content may benefit from legal protection, in particular by copyright or other intellectual property rights, the User grants Neki, free of charge, an unlimited right to reproduce and disseminate such content to the extent necessary for the operation of the Platform and authorizes other Users to make such content public in the same manner as set forth in art. 8.4.
9.1. Charities: The Neki Services include the features and services described here. All Donations made by Users are subject to a Transaction Fee for each Donation.
9.2. A. Chargebacks and Refunds: Occasionally, a Donor may dispute a credit card charge for a Donation through the Services.
9.2.1. All donations are gifts made voluntarily to PayPal Giving Fund, a 501( c )(3) charity, with no conditions. Refunds are granted only in exceptional circumstances, and only when the funds have not been granted to a charity. For more details please refer to the PayPal Giving Fund (PPGF) donation refund policy.
9.3. Removal of a Charity from our Database: If you are the authorized representative of a Charity, and you do not wish for your Charity to appear in Neki’s searchable database, you may contact us here to request that your Charity be removed from our database. Your email should include your full name, title, and an email address and phone number associated with your Charity. Please note that if your Charity is removed from the Neki’s database, it will not be eligible to receive contributions through the Platform.
9.4. Receiving Funds: As a Charity, receipt of Donations, minus any applicable Transaction Fees, is based upon and subject to the applicable Payment Processor’s procedures and terms. Available Payment Processors are described under “Payment Processors for Charities” below. Neki is not a payment processor and does not hold funds.
9.5. Taxes: Neki does not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).
9.6. Donor Lists and Other Data: A Charity may access information about an Organizer of a Fundraiser for the Charity, Donor Lists (defined below) and Donor Data (defined below) for compliance and transactional purposes. Please contact us here with any questions. “Donor Data” means a Donor’s name, address, email address, Donation amount, date of transaction, transaction identification number, and name of the project. THE LIST OF DONORS WHO CONTRIBUTE TO A CHARITY’S FUNDRAISER THROUGH THE SERVICES (“DONOR LISTS”) IS PROVIDED “AS IS,” AND Neki MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY DONOR LIST OR ANY INFORMATION CONTAINED THEREIN. Unless a Donor checks the “Anonymous” checkbox at the time of Donation or seeks to be anonymous through other means provided herein, by using the Services, the Donor consents to the disclosure of Donor’s Donor Data as described herein, including without limitation, disclosure as part of a Donor List.
9.7. Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
9.8. Donations: In order to contribute to a Fundraiser or to a Charity, a Donor will be required to provide Neki information regarding the Donor’s credit card or other payment instrument (“Payment Instrument”) that is linked to the Donor’s Neki account (a “Billing Account”). You, as a Donor, represent and warrant to Neki that such information is true, current and accurate and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donations are final and will not be refunded. Neki uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Fundraiser, the Donor agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by our payment partners. Our current Payment Processors include PayPal, Inc. (PayPal’s terms of service).
9.9. Payment Processors
9.9.1. Neki uses Payment Processors to process Donations for your Fundraiser and thereafter deliver it to you.
9.10. Payment Processors for Charities: Neki has partnered with PayPal and, in limited circumstances, Stripe for Donations to Charities. Although exceptions can be made, Charities in the United States, United Kingdom, Ireland, Canada and Australia will be defaulted to using PayPal to process Donations made through the Services. The manner in which transactions are processed is explained below. Charities in other countries will be defaulted to using either Stripe or PayPal.
188.8.131.52. PayPal is the Payment Processor for Fundraisers with a Charity identified as a Beneficiary.
9.11. Internet Access: Internet access is required to access our platform. Neki is not responsible for any fees associated with your use of access from your internet service provider.
9.12. Hyperlinks: Our site may contain hyperlinks to other websites. We are not responsible for the content or potential impact from such links as they may change over time.
9.13. User Accounts: Upon creation of an account you shall not (a) use an email address that you are not authorized to use, (b) choose a username that is offensive or profane in any way, (c) allow any other party to use your account. You may not share your password with anyone. You are hereby agreeing that you will notify Neki immediately if you suspect any unauthorized use or fraudulent activity on your account. Please visit our home page at https://www.neki.io and scroll to the bottom of the page to contact us. You understand and agree that you are responsible for any activity on your account. Neki is not responsible for any losses or damages occurring from a user not maintaining confidentiality of their password.
9.14. Content Ownership: As the host of a Neki experience, you retain the intellectual property rights (copyright or trademarks) and any such content that you create and share on Neki. In order for Neki to promote events and improve our product and services offering, Neki requires you to grants us legal permission (a license) to use this content as defined below: By providing content on platform, you grant Neki and its affiliates a non-exclusive, royalty-free, transferable, and worldwide license to use your content. This includes, without limitation, the rights to reproduce, distribute, or market the content that you have provided. The term of this license exists indefinitely. This license includes permission for Neki to share and publish the content as well as the speaker’s identity and background on social media and other advertising platforms without any compensation to you. If for some reason you need to revoke this license in the future, please contact Neki by scrolling to the bottom of the page at https://www.neki.io.
9.15. The host also agrees that they have obtained permission from their employer (if applicable) to post content on Neki. Neki is not responsible for any disputes between the speaker and their employer in relation to the speaker's actions on Neki. By providing us with your content the speaker is agreeing and acknowledging to indemnify and hold Neki harmless.
9.16. Amendments or Revisions: We reserve the right to amend or revise any part of this document at any time for any reason. We will inform users by email when and if our policies change and outline the details of the changes.
9.17. Relationship of Parties: You agree that through your use of our site as a speaker, host, user, donor, or charity that no relationship exists between the two parties in terms of employment, partnership, or future ventures.
9.18. No waivers: If at any point Neki fails to or chooses not to enforce any part of these terms, it shall not be construed to mean any future or present waiver to any part of this agreement.
9.19. Equitable Remedies: You hereby acknowledge and agree that Neki would be irreparably damaged if these terms are not enforced, and therefore you agree that Neki is entitled with or without proof of damages to appropriate and consistent equitable remedies with respect to these terms. Also, Neki is entitled to other remedies when applicable by law.
9.20. Neki reserves the right to modify the TCs at any time. Neki will publish the modified version on the Site and Platform and will notify Users of the new TCs by email, pop-up window, or other method of its choice. In the event that the User does not agree with the modifications, the User may terminate the Contract by ceasing all use of the Platform with immediate effect. If the User continues to use the Site or the Platform, the latest version of the TCs shall be deemed accepted by the User.
9.21. Your Feedback to Us: You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
9.22. Termination: We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
9.23. Internet Software or Computer Viruses: Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website. Computer viruses or other destructive programs may also be inadvertently downloaded from this Website. Neki shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or your downloading of any of the Materials from this Website. Neki recommends that you install appropriate anti-virus or other protective software on your computer.
9.24. Email: Feel free to email Neki at email@example.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Neki is not liable for any damages related to communications to or from this Website. You agree with respect to any information provided by you to us through this Website or via email that: Neki has no obligation concerning such information; the information is non-confidential; Neki may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and the information is truthful and disclosure of the information does not violate the legal rights of others.
9.25. Third party services: We operate our platform with several third-party services including but not limited to Stripe, Amazon Web Services, Bubble, Google Analytics, Google Cloud Platform, Facebook, Twitter, LinkedIn, Instagram, and SendGrid. By using our services and utilizing these third-party services you are agreeing to their respective terms and conditions. Please note that we have no control over their policies, and we are not held liable for any disputes made between the user and these third parties. Third party products and services may be made available for the users on Neki’s platform. These products and services are there solely for the convenience of the user and Neki assumes no responsibility or liability for any of these third-party products or services.
10. Governing Law
10.1. These T&C shall be governed by and construed in accordance with the laws of the United States of America and the law of the State of New Jersey.
10.2. All disputes arising from the use of our site, services, or products shall be subject to the exclusive jurisdiction of state and federal courts located in New Jersey, United States of America.
QUESTIONS? CONCERNS? SUGGESTIONS?
Please visit the FAQs to learn more about Neki’s platform or contact us to report violations or pose any questions.