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Terms and Conditions

By accessing or using any part of the service, you agree to the following terms and conditions.

Terms and conditions for Registrations

The terms and conditions for registrations laid out below are applicable to the use of all Whydonate services from 01-12-2018. The use of the service includes but is not limited to the use of the online application and the use of Whydonate services based on this agreement. The inapplicability of one or several conditions to a certain type of use do not affect the applicability and force of the other conditions. If you agree to these terms and conditions, it is presumed that you are aware of the rights and duties laid out in these terms and conditions.

These terms and conditions are mainly applicable to the agreement between Whydonate and the causes that want to use the Whydonate platform to gain visibility in order to acquire more donations. To ensure that the registration process is as simple as possible and to keep the cost low, we use this method to enter into an agreement. If you do not wish to enter into an agreement, this registration process is not intended for you and we will not ask you to continue in the registration process or to fill out personal information on our website. If you do want to enter into an agreement with Whydonate, we ask that you carefully read through the conditions for registration below.

By signing up you agree to the terms and conditions below. You are expected to fill out all Whydonate’s questions honestly via the website. After you have successfully registered via the website, you will receive an email confirming your successful application. From that moment on there will be an agreement between you and Whydonate.  

1. Definitions

1.1 Whydonate; Stichting Whydonate, registered at Johan Huizingalaan 763A, 1066VH in Amsterdam under number 58490290, legally represented by Ms. F. Doornenbal, Mr. D.O.L.S. Boham and Mr. N.M. Corver.

1.2 Cause: Every charitable institution, fund and/or legal entity that is not-for-profit (meaning: (sports) association, foundation), individual with a societal goal, that would like to use the services of Whydonate to acquire donations from Users.

1.3 Users: Potential Users that can use the Whydonate platform to donate to the cause.

1.4 Platform: Software application and website by Whydonate that can be found via https://whydonate.nl.

1.5 External payment system: The Mollie external payment system. Information and terms and conditions for Mollie can be found at https://www.mollie.com

1.6 In writing: Any written or printed text that is send via post or via e-mail.

2. General

2.1 Whydonate’s activities mainly consist of making a Cause visible and findable online via all the possibilities that the platform offers, to give Users the possibility to and incite them to make donations via the Platform to the Cause.

2.2 To use Whydonate’s activities, the Cause needs to enter into an agreement with Whydonate by registering via the website. Once the Cause has verified this information and agrees to the registration conditions, the Cause accepts the offer made by Whydonate, which will lead to a binding agreement.

2.3 The cause registers by filling out the registration page on the website. It is mandatory for the Cause to fill out all the required information fully and truthfully via the website. Once the Cause has successfully registered via the website, they will receive an email verifying their registration.

2.4 If the Cause does not agree to this form of agreement, they must immediately and unequivocally inform Whydonate in writing.

2.5 Whydonate may determine at their own discretion whether the registered Cause satisfies the requirements that Whydonate has set and is free to reject and thereby not complete the registration.

2.6 These terms and conditions for registration can be modified by Whydonate at any time, except for in relation to a Cause during a pre-existing agreement. The present version entered into force on 01-12-2018.

3. Duration agreement

3.1 This is an indefinite agreement that starts on the date that Whydonate notifies the Cause in writing that the registration has been completed and that an agreement has been reached.

3.2 The agreement can be terminated by either party, without giving reasons with a minimal notice period of one month.

4. Rights and Duties Whydonate

4.1 Whydonate will do their best to facilitate the wishes of the Cause but is not bound by directions from the Cause in relation to the execution of the agreement.

4.2 Whydonate will put the Cause on the platform as quickly as possible after the Cause has registered. The page will be filled according to information provided by the Cause.

4.3 Whydonate has the right to modify or adjust the provided information if it improves the accessibility and/or quality of the platform.

4.4 Whydonate will always adhere to applicable laws and regulations related to fundraising, unless this cannot be reasonably expected.

4.5 Whydonate retains the right to temporarily suspend the service for the purpose of maintenance, adjustment or improvement of the Whydonate systems. Whydonate will, in principal, plan these suspensions outside of office hours and will notify the Cause in a timely manner of any planned suspension. Whydonate will never be liable for any compensation to the Cause in relation to planned suspension.

5. Rights and Duties Cause

5.1 Only a statutorily and legally authorized or duly authorized proxy can represent the legal person. If the Cause is not a legal person, but a natural person, then only that person themselves is authorized to sign up to Whydonate. If the representative of the Cause has not legally represented the cause, that person is liable for compensation for any damage to Whydonate.

5.2 The cause itself is responsible for confidentiality of the username and password provided by Whydonate. If the username and password fall into the hands of a third party, without fault of Whydonate, Whydonate is not liable for the consequences thereof. In case of suspected misuse of the account, to Cause must inform Whydonate as soon as possible.

5.3 The agreement will be executed on the basis of the information that was provided by the Cause. The Cause is responsible for the authenticity, accuracy and quality of the information they provide.

5.4 The Cause needs to adhere to all national and international laws and regulations relating to Causes and Fundraising at all times.

5.5 The Cause is obligated to spend all the funds received through Whydonate activities as is laid out in its statutes, regulations or personal description.

5.6 In case the Cause does not adhere to obligations mentioned in this article, this can never lead to default on the part of Whydonate and Whydonate can never be liable for the consequences of the violation.

6. Donations

6.1 All donations from Users that are donated to the Cause via the Platform, will be received by the Whydonate Foundation. The Whydonate Foundation will pay out the relevant amount to the Cause. The Whydonate Foundation’s cause is to contribute to more sustainable, more efficient and more transparent fundraising for the philanthropical sector.

6.2 The donations will be executed by the external payment system ‘Molly’. The costs for using the ‘Mollie’ payment system are dependent on the payment method and can be found in this table.

6.3 Whydonate keeps 5% of the initially donated amount without deduction of payment costs (donation fee) as compensation for the activities described in article 1.

6.4 When donations have been made to a cause through the payment system, the received amounts will be paid to the Cause around the 15th day of each next calendar month.

Example: Donations that came in in April will be paid out around the 15 May.

6.5 The Cause can see any transactions in the Whydonate account, so it can check the accuracy of the payment.

6.6 In case an automatic payment for a donation is reversed or the payment does not come through, but it has already been paid to the Cause, the reserved amount and the cost of the reversal will be deducted from the next payment that Whydonate makes to the cause. In case this is not possible, the amount will be paid to Whydonate via direct debit.

6.7 The cost of a reversal of a donation are €1,85 per reversal.

6.8 If Whydonate makes a payment without legal basis, then this will become immediately payable to Whydonate and the Cause is obliged to return the amount as soon as they are notified.

6.9 Whydonate is authorized to use another payment system without giving reasons, even if this means the cost structure will change.

Whydonate will inform the Cause of this immediately.

6.10 Whydonate is not liable for damage that arises from a (partial) failure of the external payment system.

7. Privacy

Check Whydonate’s Privacy and Cookie Statement here.

8. Intellectual Property Rights

8.1 The intellectual property rights that each party makes available in order to execute the agreement stay with the owner or with the third party that gave the right to use it to the owner.

8.2 Both parties only have a right of use of this intellectual property that is not exclusive and not transferable, unless explicitly agreed otherwise.

8.3 The right of use means that Users of the Platform have the possibility to share the Cause’s intellectual property rights via for example social media channels.

8.4 Whydonate is authorized to edit the Cause’s logo if this improves the quality and usability of the logos.

8.5 The Cause gives Whydonate the right to use the Cause’s logo as a Whydonate affiliate on the Platform.

9. Warranties

10.1 Defects to the software that are reported to Whydonate by the Cause or by a third party after the commencement of the Whydonate activity will be amended free of charge, unless they arose through fault of the Cause.

10.2 Any deficiencies that do not significantly limit the normal use of the platform do not fall under this warranty.

10. Liability

10.1 Whydonate’s liability towards the Cause, of any kind whatsoever, is limited per event (in which a related series of events counts as one event) to the fees that have been paid to Whydonate by the Cause in article 7.3.

10.2 The previous paragraph of this article does not apply if and when the said damage has been caused by an event that is the fault of the Cause.

10.3 Under any circumstances, Whydonate’s liability is limited to the direct damage to the Cause.

10.4 Whydonate is never liable for damage (including missing out on income for the Cause) that arises due to the (partial) lack of functioning of the Platform or Parts of the Platform that lead to a decrease in income for the Cause.

10.5 Whydonate has the right to reverse any damage to the client or to reverse it by repairing or improving the activities if and when possible.

10.6 Whydonate is never liable for immaterial damage to the Cause arising from Whydonate’s activities.

11. Data processing

11.1. The data that the User enters into the website of the Donation platform during a donation, are processed by Whydonate or via third parties (such as Mollie B.V.).

11.2 The User’s personal data is processed by Whydonate to:

  1. a) ensure the functioning of the Donation platform;
  2. b) send out the newsletters in which the User is informed of news related to Causes, Whydonate services and related matters. Every newsletter includes a link that the User can click on the unsubscribe;
  3. c) connect the User to (other) Causes, campaigns or projects on the Donation platform;
  4. d) use them for marketing or promotional ends related to Whydonate’s services in any way;
  5. e) use them for the commercial purposes of third parties;
  6. f) establish anonymized statistical data;
  7. g) secure the Donation platform;
  8. h) set up anonymized user statistics. Third parties that set up user statistics for Whydonate and perform web analyses can be granted access to automatically generated information, such as the User’s IP address.

12. Force Majeure

12.1 Neither the Cause nor Whydonate are bound to meet one or more obligations in case they are not able to as a result of force majeure. Examples of force majeure include a non-attributable shortcoming of third parties and any situation which the relevant party does not have a (final) say.

​12.2 Force majeure includes situations in which there is interrupted and/or blocked access to the Platform as a result of technical difficulties in the data, communications, operations of other Users or situations of non-fulfillment that arise from activities or omissions by the Cause.

13. Confidentiality

13.1 If and insofar the execution of the agreement leads to confidential information going from one party to another, this receiving party will only use this information to execute the agreement and limit the access to this information to persons that need to have this knowledge to fulfill their tasks. Parties ensure that these persons are bound to treat this confidential information in a confidential manner through an employment contract or non-disclosure agreement.

13.2 Information that was already public at the time the receiving party received the information or that was given to the receiving party by a third party as well without that third party imposing a confidential obligation, is not considered confidential information.

14. Non-fulfillment

14.1 In the case of a (provisional) suspension of payment, bankruptcy, cessation or liquidation of the Cause, Whydonate has the right to partially or entirely terminate the contract without the other party being liable.  

14.2 In case one of these parties does not fulfill the obligations within the agreement in an adequate and timely manner, this party will be in default and the other party has the right to terminate the agreement in part or in full without any notice of default, leaving the other rights of the terminating party in full force and effect and without any liability by the terminating party.

14.3 In the case of a termination as described in paragraph 2 or paragraph 3, all claims by the terminating party will be claimable by the other party immediately. The other party is obligated to take the necessary measures, so the terminating party can give effect to their rights.

14.4 In case of a termination or cancellation as meant in this article, the following obligations will continue until after the end of the agreement:  

  1. a) due payments;
  2. b) confidentiality;
  3. c) privacy;
  4. d) intellectual property rights;
  5. e) liability.

These will continue to be in effect as long as the parties can reasonably be expected make a claim to their effect.

15. Final Provisions

15.1 Dutch law is applicable to this agreement and these terms and conditions for registration. Any disputes arising from this agreement will be settled by the competent court in Haarlem or Amsterdam.

15.2 Whydonate can involve third parties to execute this agreement at their own discretion, provided he ensures that these third parties are subject to the same contractual obligations in relation to confidentiality and privacy as the Cause and it does not affect the contractual obligations of Whydonate towards the Cause.

15.3 Whydonate may convey rights and duties from the agreement on to third parties and will inform the other party of any such conveyance.

15.4 All amounts mentioned in these terms and conditions for registration are subjected to future price changes.  

Terms and conditions for Users

These terms and conditions are applicable to all services, including donations, via Whydonate from 01-05-2018. The use of these services includes but is not limited to the use of the Whydonate Donation Platform and the use of the Whydonate services as laid down in the agreement. In case not all terms are applicable to a certain use, this will not affect the applicability of the other terms. If the User agrees to these terms and conditions, it is assumed the User is aware of the rights and duties laid down in these terms and conditions. These terms and conditions also apply to the agreement between the User and Whydonate. To make donations as easy as possible and to keep the cost low, we create the agreement in this manner. If the User does not wish to enter into an agreement, these terms and conditions are not meant for the User and we ask the User not to move forward with the donation process, creation of a campaign or filling out of their information on the Donation platform. That way the User can prevent being bound by an agreement with Whydonate. If the User does wish to enter into an agreement with Whydonate, these terms and conditions apply.

1. Definitions

1.1 Whydonate; Stichting Whydonate, registered at Johan Huizingalaan 763A, 1066VH in Amsterdam under number 58490290, legally represented by Ms. F. Doornenbal, Mr. D.O.L.S. Boham and Mr. N.M. Corver.

1.2 Cause: Every charitable institution, fund and/or legal entity that is not-for-profit (meaning: (sports) association, foundation), individual with a societal goal, that would like to use the services of Whydonate to acquire donations from Users.

1.3 Users: Potential Users that can use the Whydonate platform to donate to the cause.

1.4 Platform: Software application and website by Whydonate that can be found via https://whydonate.nl.

1.5 External payment system: The Mollie external payment system. Information and terms and conditions for Mollie can be found at https://www.mollie.com/.

 

2. General

2.1 Whydonate makes it possible to make donations via the Platform to one or multiple Causes or campaigns and projects that Causes have set up.

2.2 Whydonate ensures that all donations that are done via the Platform end up with the Cause. Aside from the donation itself, the use of this Platform is free.

2.3 In case the User does not agree to this method of agreement, no donation can take place. In case an agreement has been reached against the will of the User, the User must inform Whydonate of this as soon as possible by sending an e-mail to hello@whydonate.nl.

2.4 These terms and conditions can be amended by Whydonate at any time, except in relation to the User during a pre-existing agreement. This version entered into force on 18-05-2018.

3. Donations

3.1 In case the User wishes to make a donation via the Platform, the User must accept these terms and conditions and successfully go through all the steps of the donation process and the payment process.

3.2 The User determines to which Cause, which amount and how often (single or recurring) they donate.

3.3 Whydonate will transfer this amount to the Cause after deduction of (transaction) costs. In case the Cause is an affiliate of Whydonate, there can be an offset of the services between Whydonate and the Cause.

3.4 In case the Cause is not an affiliate of Whydonate, the offset of the Whydonate services will take place on the basis of 0% deduction of the donation.

3.5 The Platform as well as the Website will mention whether a Cause is an affiliate of Whydonate.

3.6 The transaction cost of a donation differs depending on the payment method and can be found in this table. These are the costs of the transaction by our external payment system.

3.7 In case the Cause rejects the donation, the donation amount (minus Whydonate costs and transaction costs) will be returned to the account from which the payment was made within a maximum period of three months.

3.8 Payment of donations to Causes will be dependent of the relationship between Whydonate and the Cause and will be transferred to the Cause every month with a maximum delay of three months.  

4. Rights and Duties Whydonate

4.1 Whydonate will at all times adhere to applicable laws and regulations related to fundraising, unless this cannot be reasonably expected.

4.2 Whydonate has the right to modify or adjust the provided information if it improves the accessibility and/or quality of the platform.

4.3 Whydonate retains the right to temporarily suspend the service for the purpose of maintenance, adjustment or improvement of the Whydonate systems. Whydonate will, in principal, plan these suspensions outside of office hours and will notify the Cause in a timely manner of any planned suspension. Whydonate will never be liable for any compensation to the Cause in relation to planned suspension.

4.4 Although Whydonate aims to offer accurate, complete and up-to-date information from reliable sources, Whydonate does not provide information about the accuracy, completeness or up-to-dateness of the information.

4.5 If Whydonate offers links to Cause’s information, this does not mean that Whydonate recommends this offered information or these services. The use of such links is completely at your own risk. Whydonate does not accept liability for the content, the use or the availability of such information. Whydonate can in no way be a party to a conflict between the party that gives the information and the User that the information relates to.

4.6 Users of the Platform can place their own content on the Platform. Whydonate does not check or edit these in advance. Whydonate will investigate complaints about the content at all times and will adjust or delete the content where necessary. For complaints or comments, the User must contact us by sending an email to: hello@whydonate.nl.

5. Personal data

5.1 Whydonate’s starting principle is that giving out personal information to Whydonate is not mandatory. Whydonate collects the User’s personal data when the User fills them in or registers them via the Platform.

5.2 Whydonate and affiliated companies and/or organizations only use this personal data for the purposes laid out in article 6 (purposes of data processing).

5.3 Whydonate respects the privacy of the user and ensures that any personal information that the User provides Whydonate with is handled confidentially. Processing of personal data happens in accordance with all the requirements of the General Data Protection Regulation.

5.4 There are third-party systems integrated into the Platform that do not belong to Whydonate. Although these third parties have been carefully selected, Whydonate does not have any responsibility in relation to these third parties and how they handle the User’s data.

5.5 On the Platform, certain buttons have been added to be able to promote or share pages on social networks, such as: Facebook, Twitter, WhatsApp etc. These buttons are placed through a code that is supplied by the social networks themselves. Read these social media platform’s own privacy statements to know what they do with their User’s personal data.

6. Purposes of data processing

6.1 The data that the User fills out during a registration or donation on the Platform, are processed by Whydonate themselves or via Third Parties that the User uses to sign in (such as Facebook or Twitter).

6.2 The User’s personal data is processed by Whydonate to:

  1. a) have the Platform function;
  2. b) send the newsletters through which the User is informed of news when it comes to Causes, Whydonate’s services and related matters. Every newsletter has a link that the User can use to unsubscribe;
  3. c) link the User to (other) Causes, campaigns or projects on the Platform;
  4. d) use these for marketing or promotional purposes related to Whydonate’s services in any form;
  5. e) use for commercial purposes of third parties;
  6. f) put together anonymized statistical data;
  7. g) secure the platform;
  8. h) put together anonymized user statistics. Third parties that put together anonymized user statistics and execute web analyses for Whydonate can be supplied with automatically generated information, such as User IP-address.

7. Liability

7.1 Whydonate’s liability towards the User, of any kind whatsoever, is limited per event (in which a related series of events counts as one event) to the amount the User donated to Whydonate.

7.2 The previous paragraph of this article does not apply if and when the said damage has been caused by an event that can be attributed to the User.

7.3 Under any circumstances, Whydonate’s liability is limited to the direct damage to the User.

7.4 Whydonate is never liable for damage (including missing out on income for the Cause) that arises due to the (partial) lack of functioning of the Platform or Parts of the Platform that lead to a decrease in income for the Cause.

7.5 Whydonate has the right to reverse any damage to the client or to reverse it by repairing or improving the activities if and when possible.

8. Intellectual Property Rights Whydonate

8.1 If the User uses the Platform, they are prohibited from:

  1. a) installing the Platform on a device that does not belong to the user;
  2. b) making the Platform available to a (peer to peer) network or otherwise making it available.
  3. c) giving out a sub permission to the use of the platform;
  4. d) adjusting the platform, uncovering the source code and/or creating works derived from the Platform.

8.2 All intellectual property rights related to the content and lay-out of the Platform lie with Whydonate. Copying, distributing and any other use of these materials is not allowed without explicit written consent from Whydonate, except when the law says otherwise.

8.3 It is not allowed to include web pages or individual elements (such as images, videos or interactive applications) from the Platform in a frameset or to process them via another webpage, if the origin of the materials is not clearly stated.

8.4 Nothing that is laid down in these terms and conditions and/or on the Platform is intended to transfer any intellectual property rights and/or to grant any property rights to the User. The User can only use the Platform as described in these terms and conditions.

8.5 The User acknowledges and agrees that the Platform contains documents, other content and programs that are the property of Whydonate, licensors and/or users of Whydonate and that they are protected by applicable intellectual property rights, including but not limited to copyrights, database rights, neighboring rights, trademark rights and patents.

8.6 Under the conditions as set out in these terms and conditions, Whydonate grants the User a limited, personal, revocable, non-exclusive, non-sub-licensable, non-transferable right to look at and/or listen to the resources on the platform in the way and in the format that these documents are made available on the Platform.

8.7 It is explicitly not allowed to download, copy, amend, or make public these documents, programs and/or materials, or use them for direct or indirect commercial purposes or any other purpose other than the purposes mentioned above, unless Whydonate or the relevant rights holder has given permission. For instance, it is not allowed to request or re-use substantial parts of the Donation Platform or without prior written consent from Whydonate or to request or re-use non-substantial parts of the Donation Platform as intended in the Database Protection Act.

8.8 It is not allowed to delete, make unreadable, hide or amend any notices or mentions in relation to intellectual property rights.  

9. Uploading information / making information available

9.1 By making documents, data and/or materials available to Whydonate, the User claims that he is authorized to do so according to these terms and conditions and that the User has the right to grant these rights to Whydonate as laid down in these terms and conditions.

9.2 The documents, data and/or materials that the User makes available are not contrary to any law, and do not violate the rights of third parties, such as rights based on an agreement, intellectual property rights, privacy rights and other rights that are unlawful towards third parties or Whydonate. The User does not need permission or a license from any third party for the use of the documents on the Donation platform.

9.3 Under the conditions set in these terms and conditions, the User keeps the copyrights and other intellectual property rights that the User has in relation to the information that the User makes available to the visitors of the Donation Platform via the Donation Platform.

9.4 The user acknowledges and agrees that the User grants a free, unencumbered, worldwide, (sub)transferable non-exclusive license to Whydonate by making these data, documents and/or materials available to Whydonate (this includes uploading it to the platform) to:

  1. a) use, multiply, spread and make public the documents, data and/or materials in relation to the Whydonate service;
  2. b) to use and multiply (and allows third parties to use and multiply) the documents, data and/or materials in whatever media for marketing and/or promotional purposes in relation to the Whydonate service;
  3. c) grant the right to delete any documents, data and/or materials that have been made available from the Whydonate platforms, intentionally or unintentionally, for whatever reasons and without giving reasons, without creating liability in any way on Whydonate’s part towards the User or a third party as a result of such a deletion.

9.5 The user declares that they will not take actions that could violate any (intellectual property) rights of Whydonate or third parties. The User acknowledges and accepts that any unauthorized use of documents, data and/or materials violates these terms and conditions and any applicable laws, including but not limited to copyright law.

9.6 The user acknowledges and agrees that the documents, data and/or materials that the User makes available for Whydonate will be used by other Users of Whydonate. Whydonate does not accept any liability for the compliance with the terms and conditions by Whydonate users. The User also acknowledges that there is a possibility that the documents, data and/or materials that the User makes available to Whydonate can be used by third parties in a way that contradicts or is not in line with these terms and conditions.

9.7 Whydonate is not liable for any actions of third parties that contradict these terms and conditions or any laws or for any other unlawful conduct of third parties in relation to the documents, data and/or materials that were made available by the User.

9.8 The User ensures he has the full rights relating to these documents, data and/or materials that the User makes available to Whydonate and that the User is entirely authorized and entitled in relation to the license as is intended in these terms and conditions.

9.9 The User releases Whydonate and all affiliate companies and persons of all liability of third parties based on the claim that these documents, data and/or materials invade any applicable (intellectual property) rights of third parties or that are otherwise unlawful and for all liability that arise from the User’s actions that contravene these terms and conditions. All costs incurred and damages for Whydonate in relation to this liability must be covered by the User.

10. Final Provisions

10.1 Dutch law is applicable to this agreement and these terms and conditions for registration. Any disputes arising from this agreement will be settled by the competent court in Haarlem or Amsterdam.

10.2 Whydonate can involve third parties to execute this agreement at their own discretion, provided he ensures that these third parties are subject to the same contractual obligations in relation to confidentiality and privacy as the Cause and it does not affect the contractual obligations of Whydonate towards the Cause.

10.3 Whydonate may convey rights and duties from the agreement on to third parties and will inform the other party of any such conveyance.

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