The Ark App Terms & Conditions

Church Terms

 

The Ark App is provided to you by WeKonnect USA, LLC (“WK”). The Ark App may only be used subject to the terms of this Agreement. Please review this Agreement carefully, as some clauses may limit or exclude your legal rights.

Acceptance of Terms

By clicking the Agree and Submit Application button:

  • The organization named in the Application Form connected to this Agreement (“the Organization”) is offering to enter a legally binding agreement with WK for the provision of the The Ark Application and related services;
  • The Organisation further agrees to be bound by the Stripe Services Agreement;
  • You agree that we may use any personal information you provide in accordance with our usual privacy practices, including disclosing your contact details to our third party payment processor;
  • You warrant and represent that you are authorized by the Organization to enter into a binding contract with WK; and
  • You warrant and represent that you have read and agree to comply with this Agreement.

Please note this Agreement is not accepted unless and until you receive confirmation from WK. At any time prior to our acceptance of your offer, WK may reject your offer for any reason without further notice to you.

In addition to the following terms, this Agreement includes the credit card payment pricing schedule published at http://thearkapp.com (as varied from time to time), and the information contained in the signup form (including data you have entered), here incorporated by reference.

Upon our confirmation of acceptance, this Agreement forms a legally binding agreement between the Organization and WK, binding from the day that WK notifies you that it has accepted the Organization’s application (“Effective Date”).

RECITALS:

  1. WK provides online donation, fundraising, and administrative services to churches, community organizations, companies and individuals.
  2. The Organization has requested that WK provide the Ark Application and related services on the terms and conditions set out in this Agreement.

IT IS AGREED

  1. Definitions

In this Agreement, unless the context requires otherwise:

Agreement means the agreement between WK and the Organisation, comprising this document, attached Schedule A, Application Form, Stripe Services Agreement, our privacy practices; and the credit card payment pricing schedule published at http://thearkapp.com (as varied from time to time);

Application means the application, created by WK, which enables the Organization to invite its members or clientto access the Ark App services on a mobile phone, tablet or any other device in relation to which the Application can operate, subject to the User License Agreement.

Application Form means the webpages (whether wholly or partially completed) which include information about the Organization as entered at http://thearkapp.com/signup/.

The Ark App Fees means the fees that relate to the Ark App Services as specified in the Application Form accepted by WK, specifically including the License Fee and any applicable Transaction Fees.

The Ark App Services refers to the services which include the granting of access by WK to the Organization and the Members to download the Application (or a shortcut to the Application), on the terms and conditions set out in this Agreement, and includes the web-based promotion of the organization activities, Donation and payment collection and other services as agreed between the parties and as set out at http://thearkapp.com/and labelled as the Ark App Services.

Donation means the payments made by Members to the Organization which are facilitated by WK as part of the Ark App Services.

License Fee means the monthly fee payable for access to the Ark App Services prior to processing any Donations or payments.

Member means a person who has downloaded the Application (or a shortcut to the Application) with the express or implied consent of the Organization, and has entered into a User License Agreement.

Organization means the Organization named in the Application Form.

Payment System means the secure payment system by which Members make Donations or payemnts to the Organization using the Application.

Receipt means a receipt for a Donation or payment.

Stripe Services Agreement means our payment processor’s terms of service, being the Stripe Connected Account Agreement including the Stripe Terms of Service (click here for Australia terms of service https://stripe.com/au/terms), as may be modified by Stripe from time to time.

Transaction Fees means the fees applicable to each Donation or payment processed through the Ark App Services, calculated at the rates specified in the accepted Application Form, as varied under clause 2. Transaction Fees may vary between different payment methods, and commonly include a flat flagfall charge plus a percentage of the total payment amount.

User License Agreement means the agreement to be entered into by the Member, (a copy of which is attached at Schedule A), which is agreed to by the Member before they use the Application and receive the Ark App Services.

Website means http://thearkapp.com/and any other website owned and/or operated by WK.

  1. Term

This Agreement will apply from the Effective Date and continue until terminated by a party in accordance with clause 16.

WK may vary the terms of this Agreement at our discretion, providing reasonable notice on our website, notice through the Ark Application, or by direct notice to the Organisation, as we deem appropriate given the scope, nature and expected impact of the change to the terms.

  1. Provision of the Ark App Services

Subject to the terms of this Agreement, WK will provide the Ark App Services as specified in the accepted Application Form.

WK must:

  • enable Members or clients to access and download the Application;
  • use all reasonable endeavours to ensure that Ark App is operative 24 hours per day, 7 days per week so that Members may make Donations and payments, receive information from the Organization, with the exception of periods of maintenance and/or upgrades;
  • provide the Organization with live access to reports about Members and the relevant services; and
  • respond to any enquiries from the Organization in relation to using the Website and/or the Application.
  1. Ark App Fees

The Organization will, in consideration of WK’s provision of the Ark App Services to it under this Agreement, pay to WK the Ark App Fees.

With the exception of the first payment (which includes setup fees) which is due and payable on the Effective Date, the Ark App Fees become due and payable monthly from the Effective Date, and will include:

  • the License Fee for the Ark App Services monthly in advance; and
  • all applicable Transaction Fees for Donations and payments processed through the Ark App.

Method of Payment

The Organisation authorises WK to automatically deduct the outstanding Ark App Fees from their nominated credit card each month for the duration of this Agreement. Payments are typically processed on the same day as the Effective Date (or the next business day) of each month.

If an automatic deduction as described above is unsuccessful:

  • WK may contact the Organization and request a replacement or secondary credit card facility, or
  • may arrange an alternative method of payment to the satisfaction of WK; and
  • WK is entitled to charge interest on amounts which remain unpaid for a period of at least 14 days after the day that the fees become due and payable, calculated at a rate of 5 per cent per annum over the Prime Rate, determined by the U.S. Federal Reserve Board. Interest will accrue and will be calculated daily and will be compounded monthly from the date that the fees become due and payable until full payment is made by the Organization.

Taxation

The Ark App Fees and any other amounts payable by the Organization under this Agreement are expressed exclusive of any sales tax, goods and services tax, or other value added tax applicable to any supply under this Agreement.

If any such tax is imposed upon a supply under this Agreement:

  • WK will provide a Tax Invoice itemising all such tax amounts; and
  • the Organisation must pay the full tax amount to WK with and in addition to the Ark app Fees; and
  • in the event that any such tax is later assessed as payable (after payment of the Ark App Fees), the Organisation must pay the full tax amount to WK within 30 days of receipt of an amended Tax Invoice itemising the tax.
  1. Third Party Payment Processor

Ark App uses a third party payment processor to facilitate the secure payment of Donations, payments and Ark App Fees.

Currently, payment processing services for Ark App are provided by Stripe, and are subject to the Stripe Services Agreement (click here for Australia terms of service https://stripe.com/au/terms),, incorporated by reference in this Agreement.

As a condition of Ark App enabling Donations and other payment processing services through Stripe, you must provide WK with accurate and complete information about you and your business, and you authorise Ark app to share that information and any transaction information related to your use of the payment processing services provided by Stripe.

WK reserves the right to replace Stripe with any other suitably secure and reliable third party payment processor at any time

  1. Donations

Members or clients may use the Ark Application to make Donations or payments to the Organisation. WK will, subject to the Member or client providing accurate contact information in connection with the Donation or payment:

  • as soon as practicable, provide all Members or clients who have made a Donation or payment with an acknowledgement by email of the payment status of their Donation or payment;
  • provide all Members or clients who have made a Donation with an acknowledgement by email of receipt of their Donation or payment; and
  • provide all Members who have made a Donation or payment with a Receipt.
  1. Repayment of donations

WK is not responsible for any reversed transactions or refunds to Members or clients.

If a Member or client advises WK that a Donation or payment has been made to the Organization in error (including any mistake, fraudulent use, or duplicate transaction), WK will notify the Organization. It is the sole responsibility of the Organization to resolve and refund any such errors, whether through the functionality of Ark App or by other means.

  1. Obligations of the Organization

For the term of this Agreement, the Organization must:

  • meet, obtain and comply (as the case may be) with any system or hardware requirements, registrations, permits, licenses, consents or permissions that the Organization is required to hold in order to validly request and accept Donations or payments (if applicable) and to otherwise use the Ark App Services (as applicable) as described in this Agreement;
  • comply with WK’s reasonable instructions regarding the use, installation and functionality of the Application;
  • keep all login usernames and passwords provided to the Organization by WK secure and confidential, except for their disclosure to the Member or client to whom the login and password belongs;
  • advise WK immediately if the Organization has any reason to believe that the login and password allocated to the Members or client have not been kept secure and confidential;
  • not reverse-engineer, deconstruct or in any way amend or change any of the programming or functional aspects of the Application;
  • immediately advise WK as soon as it becomes aware of any attempt by any person to reverse-engineer, deconstruct or otherwise change the programming or functional aspects of the Application; and
  • immediately advise WK if the Application ceases to function, or does not function in the manner intended.
  1. Intellectual Property Rights

License to WK:

The Organization grants to WK a non-exclusive license to use the Organization’s name, logos and trade marks in connection with the Website and the provision of Services. This license will automatically terminate upon the expiry or termination of this Agreement.

The Organization grants to WK a non-exclusive license to use, reproduce, adapt and communicate information provided by the Organization for the purpose of inclusion on the Website, and the provision of the Ark App Services, marketing purposes, or internal use by WK. This license will terminate 30 days after receiving written notice from the Organization notifying WK that it wishes to terminate this license. To avoid doubt, subject to such notice, this license will not automatically end upon expiry or termination of this Agreement.

License to the Organization

Subject to obtaining WK’s prior written consent to the particular use, WK grants to the Organization a non-exclusive license to use WK’s trademark in connection with the Organization’s promotion of a particular: fundraising or non-fundraising activity; or method of donating or make payemnts to the Organization.

WK grants to the Organization a non-exclusive license to use and to enable Members or clients to use the Application and the Website, on the terms set out in this Agreement. The license granted in sub-clause 7(a) will automatically terminate upon the expiry or termination of this Agreement.

  1. Removal of Content

WK will use reasonable endeavours to consult with the Organization prior to removing all or any part of the content on Ark App, the Application or Website but nonetheless WK reserves the right to remove any such content without consultation if WK, in its absolute discretion, considers that the content is:

  • unlawful, obscene, indecent, inappropriate, offensive or defamatory;
  • spam, unsolicited communication or denial of service traffic;
  • damaging, disruptive or attempts to bypass any security measure (including any malware, virus, trojan, or information security tool);
  • in breach any publicity, privacy or other civil right of any third party; or
  • is in breach of any third party intellectual property rights,

and it is not reasonable or practical in the circumstances to consult with the relevant party in a timely manner prior to removal.

  1. Warranties

WK warrants that it has:

  • obtained any registrations, permits, licenses, consents or permissions that WK is required to hold in order to validly request and accept donations and payments under this Agreement; and
  • the authority to enter into this Agreement, grant the licenses under clause 7, and be bound by the warranties contained in this clause 9.

The Organization warrants that:

  • it has obtained and/or will obtain any minimum system or hardware requirements, registrations, permits, licenses, consents or permissions that the Organization is required to hold in order to validly use the Ark App Services (as applicable) described in this Agreement;
  • all information provided by the Organization to WK and included on the Website or the Application:
    1. is true and correct;
    2. is not misleading or deceptive, defamatory or obscene;
    3. does not infringe a third party’s intellectual property rights; and may be lawfully published by WK;
  • all relevant information has been provided by the Organization to WK and included on the Website or the Application; and
  • it has the authority to enter into this Agreement, and be bound by the warranties contained in this clause 9.
  1. Indemnity

The Organization will indemnify and keep WK indemnified against all claims, costs, expenses, damages, liability or loss arising in relation to:

  • provision of the Services provided through the “Ark App” application and the Application to the Organization and the Members and clients; and
  • a claim made by any third person (which may include, but is not limited to, a Member) in connection with or arising out of the Organization’s use of the Ark App Services other than in accordance with this Agreement.
  1. Limitation of Liability

The liability of WK for a breach of this Agreement, statutory cause of action, common law or tort (including negligence) in any way is limited as follows:

  • WK will not be liable for the amount of any loss or damage suffered by the Organization for death or personal injury or damage to any real property or chattels caused by negligent or wrongful acts or omissions of WK;
  • WK will not be liable for indirect or consequential loss or damage, notwithstanding anything else in this clause 13 or any other clause of this Agreement; and Otherwise in respect of all other claims or liability to the Organization for all other proven loss and damage is limited, for an aggregate of all claims, to the subscription amounts paid or payable by the Organization to WK under this Agreement, during the period of 6 months prior to the claim or liability.
  1. Confidentiality

Each party agrees with each other party that all information in relation to the other party’s business including, without limitation, any trade secrets, operations know-how, or any information concerning the Organization, management and finance of the other party or in relation to WK or the Organization which is exchanged between them under this Agreement or acquired during the negotiations prior to execution of this Agreement is confidential and shall not be disclosed, shared or otherwise placed at the disposal of any person not being a party to this document except:

  • to employees, legal advisers, auditors and other consultants requiring the information for the purposes of this document;
  • with the consent of the party who supplied the information;
  • if the information is prior to the execution of this Agreement lawfully in the possession of the recipient of the information through sources other than the party who supplied the information;
  • if required by law;
  • if strictly and necessarily required in connection with legal proceedings relating to this document; or
  • if the information is or becomes generally and publicly available other than through the default of a party who shares the information.

The provisions of this clause 14 continue in full force and effect for a period of 3 years after the termination of this Agreement.

  1. Privacy Policy

WK will take reasonable steps to protect personal information from any unauthorised use, access, or disclosure or any other misuse.

Further information about our privacy practices are set out in our Privacy Policy.

  1. Termination

Basis of Termination

A party may terminate this Agreement for any reason by giving the other party 30 days’ written notice.

A party may immediately terminate this Agreement:

  • following a breach by the other party of any material provision of this Agreement; or
  • in the event the other party is connected with any occurrence of insolvency, bankruptcy or dissolution.

WK may immediately terminate this Agreement if the Organization engages in conduct that WK, in its absolute discretion, considers is harmful to WK’s reputation.

The Organization may immediately terminate this Agreement if WK engages in conduct that the Organization, in its absolute discretion, considers is harmful to the Organization’s reputation.

Consequences of Termination

Within 30 days after termination of this Agreement, WK will cease processing Donations or payments; and remove the Organization’s and the Members’ or clients access to the Website and the Application.

The Organisation is responsible for its own backup processes. WK reserves the right to delete or store information for backup and archival purposes continuing after termination of this Agreement, but does not guarantee or represent that any such information will be available or accessible to the Organisation.

  1. Force Majeure

In case either of the parties is totally or partially unable to fulfil one or more of the contract obligations as a result of acts or occurrences beyond the control, though partial, of the party involved such as, but not limited to, actions, omissions, impositions by local federal or national government authorities, fire, flood, earthquake and other natural disasters, Acts of God, war, revolution, strike, fuel shortages, shortage of raw materials, the party involved will be totally or partially relieved from fulfilling its contract obligations during the period of those acts or occurrences, provided that the party involved notifies the other party of the circumstances as soon as reasonably possible.

  1. Relationship Between the Parties

This Agreement will not be deemed to create a partnership, joint venture or agency relationship of any kind between the parties.

A party will have no right or authority expressed or implied to bind the other party to any other Agreement, obligation or undertaking.

  1. Variations To Agreement

WK may make modifications, alterations, changes or variations of any term or condition of this Agreement, by notifying the Organization in writing of the details of the amendment or modification. Any modification or change to the Agreement will take effect after a period of 14 days has elapsed from the date when the Organization is notified of the modification or change. The Organization may not make any changes or modifications to any term or condition of this Agreement without WK’s prior written consent.

  1. Severability

The provisions of this Agreement will be deemed to be severable and any invalidity of any provision of this Agreement will not affect the validity of the remaining provisions of this Agreement.

  1. Entire Agreement

This Agreement constitutes the entire Agreement between the parties and there are no other oral undertakings, warranties or agreements between the parties relating to the subject matter of this document.

  1. Notice

Form of Notice

Any notice or communication required or permitted to be made or given by the parties under this Agreement must be sent in writing to the addresses set out below for the parties or to such other addresses as may be given by written notice in accordance with this clause.

In the case of WK:

Address: P.O. Box 944, Franklin, TN 37065

Email: info@wekonnect.com

In the case of the Organization:

The details provided to WK as part of the initial online setup.

Effect of Notice

A notice, approval, consent or other communication takes effect from the time it is received unless a later time is specified in it.

Notices sent by post

If addressed by post, a letter is taken to be received:

  • In the same country on the third day after posting; or
  • If posted overseas, on the seventh day after posting.

Email

An email is taken to be received at the time shown in a delivery confirmation report generated by the sender’s email system.

  1. Governing Law

This Agreement is governed by and is to be construed in accordance with the laws in force in the State of Tennessee, USA. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Williamson County, Tennessee and any courts, which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those Courts.

 

End User Terms

 

  1. Terms of Use
    1. By clicking the “Accept” button below, and by using this App, you confirm that you have fully read and understood, and agree to be bound to, this User License Agreement (Agreement). If you do not agree to the terms of this Agreement, you must not use the App.
    2. You must be at least 18 years of age to enter credit card or other payment service details into the app.
    3. If you are under the age of 18, you agree that you have gained consent from an authorized parent or guardian to use this App.
    4. You agree to follow any lawful directions relating to the use of the App as directed by us or Organization that has made this App available for download.
    5. When entering information, including credit card or other payment service details into the App, you warrant that you are the person named on the relevant credit card, or you are the authorized user of the credit card or other payment service.
    6. This App is provided at no charge to you. As consideration for us providing you with the App, you agree to use the App according to the terms of this Agreement.
  2. Privacy
    1. The App collects information about you to allow us, the organization, and the organizations payment processor and merchant facility provider, to process your payment instructions, and provide you with access to information, and a means of communication with the orgainization.
    2. The App also collects small files of data that reside on your phone or other electronic device, and allow us to recognize you as our customer, and follow your use of the App. These files are called “cookies” and help us identify you if you return to the App from the same phone. Cookies allow us to pre-populate the App with your email address and other relevant information.
    3. If you do not provide the information required by the App, it is unlikely to work properly.
    4. You can access and update your personal information by going to the Settings part of the App, and varying your details.
    5. Information you enter into the App will be accessible by the organization, and by us, except for your credit card information, which will be securely transmitted to a third party payment processor, and to the merchant facility. The organization will not have access to your credit card numbers.
    6. Any information we have about you will be handled according to our privacy policy located at http://thearkapp.com/, and according to your organizations privacy policy, which is available on their website or by contacting them directly.
    7. We or the organization may provide your information to a third party if we are required by law to do so, or if we have an obligation to help a third party (such as the provider of the organization merchant banking facility) meet their legal obligations.
  3. To Uninstall
    1. For iPhones: Touch and hold the App icon on your phone’s home screen, until the icon starts to jiggle.  Then, touch the “x” on the icon that you want to delete. Then, tap “Delete”.
    2. For Android: Open the Google Android Menu > Go to the setting icon and select Applications > Click on Manage > A list of installed applications will appear > Slect the one to be uninstalled and simply click Uninstall.
    3. Please note that any information you provided through the App prior to uninstalling it may continue to be used by each entity noted in this agreement, in accordance with their respective privacy practices. As this is outside our control, you will need to contact each entity to correct or remove your information if desired.

 

  1. License
    1. We grant you a non-exclusive, non-transferable, revocable license to access and use the App and any information available on the App.
    2. The App’s structure, design, layout or functionality must not be reproduced, duplicated, reverse-engineered, copied, sold, resold, used or otherwise exploited for any commercial purpose without our express written consent.
  2. Mistaken Payment
    1. If you use the App to make a payment to your organization by mistake or other error, you must contact the organization to arrange for reimbursement. Because we do not handle your financial information (including credit card or other payment service details), we are unable to assist you in the reimbursement.
  3. Passwords
    1. By using the App, you are responsible for maintaining the confidentiality of your App-generated user identification, and password and for restricting access to the device that accesses and uses the App. 
  4. Usage Restrictions and Service Limitations
  5. You must not use Ark App or any information published on it to:

(i)                     defame, abuse, harass, stalk, threaten or otherwise cause offence to any person;

(ii)        communicate, publish or distribute any material that is unlawful, obscene, indecent, inappropriate, offensive or defamatory;

(iii)       scrape, index, copy or republish any content on Ark App;

(v)      distribute any content in violation of any third party intellectual property rights;

(vi)      distribute or link to any malware, virus or computer program with the effect of disrupting or damaging any system, or bypassing any security measure;

(vii)      breach any publicity, privacy or other civil right of any third party; or

(viii)     breach any applicable law or regulation.

  1. We do not warrant that Ark Aoo will be uninterrupted, error free, lag free or fit for any specific purpose.
  2. You are solely responsible for defects in your device, data, software, equipment or network.
  3. We are not responsible for any defects, delays or interruptions to the website or services caused by the impact, delay, action or inaction of any third party or force majeure event.
  4. We do not guarantee that you will have continuous access to the App or that your access or use will be error free. 
  5. Denial of access and termination
    1. We reserve the right at any time to:
    2. deny or terminate all or part of your access to the App where in our opinion, there are concerns regarding unreasonable use, security or unauthorized access or where you have in our view, breached any part of this Agreement;
    3. block or suspend your account, hide, alter or remove your profile or default settings, without prior reference to you;
    4. deactivate your account where we form the view that you have not used the App for a period of time; or
    5. terminate access to the App solely at our discretion for any other reason that is in our view, reasonable.
  6. Intellectual Property
    1. You acknowledge that you do not own any intellectual property rights whatsoever in the App or the content delivered to you via the App, and that all intellectual property rights, including trademarks, subsisting in the App belong to and remain vested in us, unless attributed to another person (such as your organization). 
    2. The App may contain our trade marks. No license, interest or right to or in any such trade marks of ours is granted to or conferred upon you.
  7. Disclaimer of warranties
    1. We do not guarantee the accuracy of the information contained in or accessed through the App. We do not guarantee the accuracy of, or endorse, the information contained in or accessed through the App that is provided by third parties (such as your organization).
    2. We do not guarantee the operation or performance of the App. You expressly agree that your use of the App is entirely at your sole risk.
  8. Limitation of liability
    1. You agree to be liable for any loss or damage which results from the use by an unauthorized person of your User ID or password.
    2. We will not be liable to you for any loss or damage which results from the App being unavailable to you for any reason (for example, due to server downtime attributable to malfunctions, upgrades, server problems, preventative or remedial maintenance activities or interruption in telecommunication supplies).
    3. We do not accept liability for any loss or corruption of electronically stored data or any damage to any electronic device sustained in connection with the use of the App.
    4. To the fullest extent permissible by applicable law, we disclaim liability for the breach of all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose or warranties concerning accuracy, currency or completeness. We will not be liable for any damages of any kind arising from the use of the App.
    5. Where our liability cannot be excluded under law our liability will be limited to, at our discretion, either re-supplying the App to you or attempting to repair the functionality of the App (but not your phone or electronic device) if it is not working.
  9. Jurisdiction
    1. This Agreement is governed by the law of the State of Tennessee, USA, through Binding Arbitration, in Williamson County, Tennessee.
  10. Changes
    1. We reserve the right to change the terms of this Agreement, or the functionality of the App (including ceasing to provide the organization’s content), at any time without prior written notification to you. Where possible, we will make reasonable endeavors to post a notice on the App describing any changes for a period of no less than 7 days. Any subsequent access to, or use of the App immediately following the change will constitute an acceptance of those modifications to the Terms.
  11. General
    1. No Waiver: Any failure by us to insist upon a strict performance of any of the terms of this Agreement will not be deemed a waiver of any subsequent breach or default of this Agreement.
    2. Entire Agreement: These End User Terms, incorporating our Privacy Policy, comprise the entire agreement between the parties in relation to your use and access to Ark App, and supersede all previous negotiations or agreements relating to Ark App.
    3. Legal Fees: In the event that we obtain legal assistance to enforce these Terms of Use for your actual or apparent breach of these terms, all legal fees (on a solicitor own client basis) incurred in enforcing these Terms of Use may be recovered from you as liquidated damages.
    4. Severability: Each provision of this Agreement is severable from the others and no severance of a provision will affect any other provision.