These Terms & Conditions govern the use of the Website of SOS Children’s Villages Netherlands, as defined below. By using the Website you agree to these Terms & Conditions. Please read these Terms carefully to ensure that you are aware of your rights and obligations while using the Website. If you do not wish to agree to these Terms & Conditions, you may not use the Website.
Article 1 - Definitions
Account: The Users personal area, accessible through the Website by entering the Log-In Data, in which the User may start a Fundraise and view its Fundraises and profile;
Campaign: A campaign for SOS Children’s Villages, initiated by a business unit on the Website to raise donation in consideration of charity activities to be performed by SOS Children’s Villages, for which Users may start a Fundraise;
Donation: The payment that the User makes to a Campaign directly, or to a Fundraise;
Fundraise: A fundraise, started by a User on the Website via its Account for a specific Campaign, to which other Users and/or third parties may make Donations through the Website or directly to the User who initiated the Fundraise, of which the final amount will be donated to SOS Children’s Villages through the Campaign;
Intellectual Property Rights: All intellectual property rights and related rights, including copyrights, trademark rights, database rights, trade name rights and neighbouring rights as well as rights to know-how and sui generis intellectual property rights;
Log-In Data: The User’s email address and password that provide access to the Account;
SOS Children’s Villages: SOS Children’s Villages Netherlands is part of SOS Children’s Villages International which is a non-governmental organisation. It has its registered office and maintaining a place of business at Maassluisstraat 2 in (1062GD) Amsterdam, the Netherlands and is listed in the Commercial Register of the Chamber of Commerce under number 41197577;
Terms & Conditions: These Terms & Conditions of SOS Children’s Villages;
Transaction System: The transaction system made available by Buckaroo B.V. on the Website, to enable Users to make Donations;
User: The natural person who, whether or not acting in the course of a profession or business, visits the Website, starts a Fundraise and/or makes Donations;
Website: The Website of SOS Children’s Villages, including all the pages, is accessible through www.brighterfutures4girls.com
Article 2 - Applicability
2.1 These Terms & Conditions apply, to the exclusion of any terms and conditions of the User or third parties, to all agreements between SOS Children’s Villages and the User and the use made by the User of the Website, including the registration of an Account, starting a Fundraise and/or making Donations.
2.2 The Terms & Conditions may be amended and/or supplemented at any time by SOS Children’s Villages. The most up-to-date Terms & Conditions can always be found on the Website and will be brought to the User’s attention in its Account. By continuing using the Website after the renewed Terms & Conditions are applicable, the User irrevocably accepts the renewed Terms & Conditions. SOS Children’s Villages strongly advises Users to frequently review the Terms & Conditions. If the User does not agree with the renewed Terms & Conditions, his only option is to cease the use of the Website and terminate its Account.
2.3 If any of the provisions of the Terms & Conditions proves to be void or voidable, or is or becomes invalid in full or in part for any other reason, the remaining provisions of the Terms & Conditions will continue to apply in full. After notice, we will promptly change or remove the concerning voidable or invalid provision(s).
Article 3 - Website
3.1 The Website provides a platform, where Campaigns are made available for Users to make direct Donations and/or to initiate a Fundraise to raise Donations for that Campaign, in consideration of charity activities to be performed by SOS Children’s Villages as specified in the Campaign. In this regard, the User may register an Account and follow the process for a Fundraise and/or Donation on the Website.
3.2 Additional conditions may apply to the use of the Website, and in particular the (use of) the Transaction System by the User to make Donations. These conditions shall be made available on the Website.
3.3 SOS Children’s Villages will, to its best abilities, provide the Website in accordance with these Terms & Conditions, however the User accepts that the Website contains only the functionalities that he finds at the moment of use (“as is” basis). SOS Children’s Villages provides the Website on the basis of a best-efforts obligation. Except as expressly stated in these Terms & Conditions, SOS Children’s Villages makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of availability, fitness for a particular purpose, quality, safety, integrity or accuracy of the Website.
3.4 The User is solely responsible for the purchase and/or the proper operation of the infrastructure necessary to use the Website. SOS Children’s Villages is never liable for damage or costs on account of transmission errors, malfunctions or non-availability of computer, data or telecom facilities, including the internet.
Article 4 - Account
4.1 User may create an Account, by following the registration process on the Website. An Account is required if the User wishes to start a Fundraise. The Account provides the User a personal area where the User can find information about its Fundraise and view its profile.
4.2 The User guarantees that all provided (personal) data is up-to-date, correct and complete. If the (personal) data of the User is at any point no longer up-to-date, correct or complete, the User shall adjust or add the data required. The User is not allowed to register an Account in someone else’s name.
4.3 During the registration, the User must supply Log-In Data. The User is responsible for maintaining secrecy with regard to the Log-In Data for his Account. As soon as the User knows or has reason to suspect that his Log-In Data have come into the hands of unauthorized persons, the User must inform SOS Children’s Villages of this without delay, without prejudice to his own obligation to immediately take effective action, such as modifying his Log-In Data.
4.4 The User accepts and acknowledges that he is at all times responsible and liable for the use of the Website by third parties via the User’s Account. The User indemnifies SOS Children’s Villages against any and all damage and costs arising from and/or related to the access to or the use of the Website by third parties via the User’s Account.
4.5 The User may also register an Account using his Facebook account. The use of a Facebook account for the access to or use of the Website is for the risk and responsibility of the User. SOS Children’s Villages is not responsible with respect to the availability and well-functioning of Facebook, nor for the correct functioning of the link between the Website and Facebook. The User is not allowed to log into the Website and/or create an Account using the Facebook account of another User, person or company.
4.6 SOS Children’s Villages may at all times make functional, procedural or technical changes or improvements to the Website, and (temporarily or permanently) take out of service, restrict the use of or terminate Accounts, without becoming liable to the User.
Article 5 - Donation and Fundraise
5.1 The Website allows a User to directly donate money to Campaigns for SOS Children’s Villages by Donations, or to start a Fundraise to collect Donations, of which the final amount will be donated to SOS Children’s Villages via the Campaign.
5.2 The User may make a direct Donation to a Campaign, by completing the Donation process, including the Transaction System, available on the Website. A Campaign may offer different donation packages which the User can choose from. It is also possible to combine different packages.
5.3 In its Account, a User may start a Fundraise for a Campaign, to which Donations may be made for consideration, as specified in the specific Fundraise. User guarantees that it will perform the consideration to its best abilities in accordance with the specifications as set out in the Fundraise. The User may furthermore set an amount as a goal for the Fundraise.
5.4 Users and third parties may make a Donation in the form of a predetermined donation package to the Fundraiser through the Website, or make a Donation to the Fundraisers User directly. In the event a User receives a Donation directly, User guarantees that it will deposit the exact amount received in its Fundraise through its Account.
5.5 Donations are made in American Dollars. The User may select the country for which the Donation is made, and may opt to make the Donation anonymous. The Donation is effected by the Transaction System, which allows for different payment methods, including credit card or iDeal. The Donations shall be received by SOS Children’s Villages on behalf of a Campaign and/or Fundraise. Upon receipt by SOS Children’s Villages, the Donation is completed, non-changeable and non-refundable.
5.6 Upon reaching a pre-set goal, and/or at any other time during a Fundraise at the discretion of the User initiating the Fundraise, the User may release the donated amount in its Fundraise to the Campaign, as of which point the donated amount may be used on behalf of the Campaign to perform the acts of charity as specified in the Campaign. The release of the donated amount is irreversible.
Article 6 - Use of the Website
6.1 The User is not permitted to:
6.2 If SOS Children’s Villages knows or suspects that the User is acting in breach of the provisions of clause 6.1 or otherwise breaches the Terms & Conditions, SOS Children’s Villages will be entitled to issue instructions to the User which the User must comply with. SOS Children’s Villages will also be entitled to suspend access to the Account and/or the Website (temporarily or otherwise) and to amend or remove a Fundraise.
Article 7- Privacy
Article 8- Intellectual Property Rights
8.1 The Intellectual Property Rights in relation to the Website, including the information made available via the Website such as texts, look-and-feel, templates, video-, audio- photo-material, are held by SOS Children’s Villages or its licensors.
8.2 Under the conditions set out in these Terms & Conditions, SOS Children’s Villages will grant the User a limited, personal, revocable, worldwide, non-exclusive, non-sublicensable and non-transferable right to access and use the Website, insofar as is necessary for the non-commercial use of the Website. This license does expressly not entail the right for the User to publish, reproduce or make available the Website and/or any part thereof in another medium or for any third party.
8.3 Nothing in these Terms & Conditions is intended to transfer any Intellectual Property Rights to the User. The User shall refrain from any act that infringes the Intellectual Property Rights of SOS Children’s Villages or its licensors, including – but not limited to – the registration of domain names, trademarks or Google Adwords that are identical or similar to any object to which SOS Children’s Villages or its licensors holds Intellectual Property Rights, as well as the reproduction, modification, reverse engineering or publishing of the Website, for other purposes than those listed in the Terms & Conditions, unless permitted by applicable mandatory law
8.4 The User is not permitted to remove, make illegible, hide or modify notifications or statements with regard to Intellectual Property Rights.
8.5 All Intellectual Property Rights of the User in relation to content made available by User via its Account, in a Fundraise and/or in any other manner during the use of the Website, including but not limited to text, information and video-, audio- photo-material, will remain in the ownership of User. By using the Website, User grants SOS Children’s Villages a royalty-free, unencumbered, sublicensable, non-exclusive licence for using and reproducing the aforementioned content to the extent that this is necessary for providing the Website and/or for commercial purposes.
Article 9 - Term and termination
9.1 The User is at any moment entitled to discontinue the use of the Website and to terminate its Account for convenience (“opzeggen”).
9.2 If there are grounds to do so, without any further notification being required and without becoming liable to pay compensation, SOS Children’s Villages reserves the right to terminate the User’s Account (temporarily or permanently) or to delete Content, specifically in but not limited to cases in which the User, in SOS Children’s Villages’ opinion, has breached any of the provisions in these Terms & Conditions, without prejudice to SOS Children’s Villages’ right to take further legal action and/or its entitlement to compensation.
9.3 In the event of termination for cause (“ontbinding”) of the agreement for the use of the Website, no reversal will take place of that which SOS Children’s Villages has already delivered and/or performed and User has paid, including any Donations made by User.
Article 10 - Liability
10.1 SOS Children’s Villages accepts no liability for damages that result from the Website, an unlawful act, or any other cause, to the extent that is permitted under mandatory law.
10.2 When SOS Children’s Villages is liable to Users for damages arising from any cause whatsoever, this liability is at any time limited to the direct damages up to an absolute maximum of EUR 50,-- per event (a sequence of events will be regarded as one event).
10.3 Direct damage is understood to mean exclusively:
10.4 Any liability of SOS Children’s Villages for damage other than direct damage (“indirect damage”) as specified in article 10.3, including – but not limited to – consequential damage, loss and/or damage of data, loss in connection with claims, materials, services and/or software of third parties, loss of profits and lost sales, is excluded.
10.5 The limitations and exclusions of liability mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or willful recklessness on the part of SOS Children’s Villages or its managers (“own actions”).
10.6 The creation of any right to compensation is always conditional on the User reporting the damage to SOS Children’s Villages in writing a soon as possible after it has come about. Any claim for compensation vis-à-vis SOS Children’s Villages will be cancelled simply by the expiry of twelve (12) months after the damage first arose.
Article 11 - Warrenties and Indemnification
11.1 The User is liable for and indemnifies SOS Children’s Villages completely against any damage and costs which SOS Children’s Villages suffers or makes as a result of (i) an attributable breach of the Terms & Conditions by the User, (ii) any use the User makes of the Website, (iii) any use made of User’s Account, (iv) an unlawful act, or (v) any third party claims in relation to the use of the Website by User and/or User’s Account.
11.2 The User guarantees that he is entitled to use the Website, start a Fundraise and/or make Donations and that he will act in accordance with the Terms & Conditions. The User indemnifies and holds SOS Children’s Villages harmless against claims of third parties arising out of the User acting in any way unlawful.
11.3 The Website may contain links to third party websites that are not owned or controlled by SOS Children’s Villages. SOS Children’s Villages has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party websites.
11.4 SOS Children’s Villages solely provides the Website, on which Campaigns are made available for which Fundraises may be started and Donations be made. SOS Children’s Villages has no influence on, and is therefore never responsible or liable for, the use of the Website by other Users, the performance of the consideration offered in a Fundraise or Donations to be made by the User that initiated the Fundraise.
Article 12 - Miscellaneous
12.1 The Terms & Conditions and the use of the Website is subject to Dutch law. To the extent that national or international rules of law do not prescribe mandatory conditions to the contrary, any and all disputes arising from or related to the Website or the Terms & Conditions will be brought before the competent court in Amsterdam.
12.2 SOS Children’s Villages may transfer rights and obligations arising from these Terms & Conditions to third parties and will notify the User of this. When the User does not accept the transfer of rights and obligations he may discontinue the use of the Website and terminate his Account.