fbpx
Een gedeelte van het logo van Whydonate. Alleen het beeldmerk.

Terms and Conditions
This is to sets out the rights and responsibilities
of anyone using the site services.

Registration Conditions

Registration Conditions

These Registration Conditions apply to the Cause that wants to register and be visible on the Whydonate Platform in order to raise donations.

In order to keep the registration process as simple as possible and therefore cost-saving, an agreement is made between Whydonate and the Cause. If you, on behalf of the Cause, do not wish to enter into an agreement, this registration process is not intended for you and we ask you to stop the registration process and to fill out personal information on our website.

If the Cause agrees with these Registration Conditions, Whydonate assumes that it is aware of the rights and obligations as stated in these Registration Conditions.

These Registration Conditions 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 24-01-2019.

  1. Definitions

1.1 Whydonate; Stichting Whydonate, registered office at Johan Huizingalaan 763A, 1066VH in Amsterdam. Registered at the chamber of commerce 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) or individual with a societal goal, that would like to use the services of Whydonate to acquire donations from Users.

1.3 Users: A natural or legal person that uses the Whydonate Platform to donate to a Cause.

1.4 Platform: The Whydonate software application and website, that can be found via https://www.whydonate.nl, https://www.whydonate.eu, https://www.whydonate.de, and https://www.whydonate.be and https://www.whydonate.fr.

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. Registration Process

2.1 Whydonate makes it possible for Causes to become online visible and findable via the Platform and to incite Users to make donations via the Platform to the Cause.

2.2 To use the Whydonate Platform and services, the Cause has to register on the platform. If the Cause has registered and agreed with the Registration Conditions, an agreement is concluded between Whydonate and the Cause. After registration, the Cause is verified by Whydonate.

2.3 The Cause is obliged to fully and truthfully fill in the information requested in the registration process. After the Cause has successfully registered via the Platform, the Cause receives a verification e-mail.

2.4 Whydonate may determine at its own discretion whether the registered Cause satisfies the requirements that Whydonate has set and is free to reject and thereby not complete the registration. In that case, the agreement will be dissolved.

2.5 If the Cause does not agree to this form of agreement, they must immediately and unequivocally inform Whydonate in writing (post or e-mail).

  1. 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 providing reasons with a minimal notice period of one month.

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

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

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.

  1. Rights and Duties of the 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 Cause guarantees that documents, data and/or materials that the Cause makes available to Whydonate or on the Platform are not in violation of the law and do not violate the rights of third parties, such as intellectual property and/or privacy rights. Cause makes sure no permission or license from any third party is needed for the use of documents, data and/or materials on the Platform.

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

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

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

5.7 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 held liable for the consequences of the violation.

  1. Received 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 objective of the Whydonate Foundation is to contribute to more sustainable, more efficient and more transparent fundraising for the philanthropical sector.

6.2 The donations will be executed by our External Payment System (Mollie Payments). The costs for using the ‘Mollie’ payment system are dependent on the payment method and can be found in this table.

6.3 Whydonate charges 5% service fee of the initially donated amount without deduction of payment costs as compensation for the services provided and use of the Platform.

6.4 Donations are paid to the Cause around the 15th day of the next calendar month. For example: donations that took place in April, will be paid around the 15th of May.

6.5 The Cause can view all transactions in the Whydonate account in order to verify the correctness 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 does to the Cause. In case this is not possible, the reversed amount and the costs of the reversal will be charged by means of a direct debit.

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

6.8 If it turns out that a payment by Whydonate has been made without a legal basis, then this payment is immediately due by Whydonate and the Cause is obliged to refund the amount after the first notification.

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 has arises from a (partial) failure of the External Payment System.

  1. Personal Data and Privacy

7.1 If a Cause registers at our Platform, you will be asked to enter a number of (personal) data, for example the personal data of the authorized representative or person data of the Cause itself, if it concerns a natural person.

7.2 The personal data Whydonate collects, is needed to perform the agreement in a correct way. We only ask you to fill in personal data that we need to register the Cause and to perform the Whydonate services.

7.3 Whydonate respects the privacy of the Causes and Users. Personal data necessary to complete the registration, are treated confidentially and only shared with third parties, to the extent that is necessary to execute the agreement (for example our External Payment Provider). Processing of the personal data takes plae in accordance to the European General Data Protection Regulation.

7.4 Names of Users that donated to a Cause are visible for this Cause, unless a User has made an anonymous donation. As a recipient of these personal data, the Cause is regarded as a data controller within the meaning of the General Data Protection Regulation. The Cause guarantees that it deals in a responsible manner and in accordance with European privacy legislation with personal data made available to them (name and surname). Personal data made available, may not be used for commercial purposes.

7.5 More information about the processing of your personal data can be found in our separate privacy and cookie policy.

  1. 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 images or logos if this improves the quality and usability.

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

8.6 The Cause indemnifies Whydonate against claims from third parties relating to intellectual property rights on files, data and/or materials placed on the Platform by the Cause or supplied to Whydonate.

  1. Warranties

9.1 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.

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

  1. 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 The liability limitation in this title does not apply in case the damage is the result of intent or deliberate recklessness on the part of Whydonate.

  1. Force Majeure

11.1 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.

​11.2 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.

  1. Confidentiality

12.1 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.

12.2 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.

  1. Non-fulfilment

13.1 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.  

13.2 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.

13.3 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.

13.4 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.

  1. Final Provisions

14.1 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.

14.2 Deviations from these Terms of use are only valid by mutual, written agreement. The other provisions included in these Terms of use remain fully effective.

14.3 If any provision of these Terms of Use is deemed unlawful, void or unenforceable, the remaining provisions shall continue in full force and effect. Whydonate will replace any void part with clauses that are valid and of which the legal consequences, given the content and the meaning of these Terms of use, will correspond as much as possible with those of the void part.

14.4 In case of sale, transfer or merger Whydonate may transfer its rights and obligations from these Terms of use to a third party. User will be informed of any conveyance.

14.5 All amounts mentioned in these Registration Conditions are subject to future price changes.

14.6 If a provision in this Agreement requires that a notice must be made “in writing”, it is also fulfilled if the notice is sent by e-mail.

14.7 Dutch law applies to these Registration Conditions. If a dispute arises, Whydonate and Cause will endeavour to reach an amicable solution. If no solution can be found, disputes arising from this agreement will be submitted to the competent court in Haarlem or Amsterdam, according to Whydonate’s choice, unless otherwise determined by mandatory law.

Terms of Use

Terms of Use

The Terms of Use laid out below apply to persons and/or organisations that make a donation or initiate a fundraising campaign for a Cause through Whydonate services.

In order to keep donating as simple as possible and therefore cost-saving, an agreement is made between Whydonate and you as User. If you do not wish to enter into an agreement, this registration process is not intended for you and we ask you to stop the registration process and to fill out personal information on our website.

If you agree with these Terms of Use, Whydonate assumes that you are aware of the rights and obligations as stated in these Terms of Use.

The conditions of use were last modified on 24-01-2019.

  1. Definitions

1.1 Whydonate; Stichting Whydonate, registered office at Johan Huizingalaan 763A, 1066VH in Amsterdam. Registered at the chamber of commerce 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) or individual with a societal goal, that would like to use the services of Whydonate to acquire donations from Users.

1.3 User: A natural or legal person that uses the Whydonate Platform to donate to a Cause.

1.4 Platform: The Whydonate software application and website, that can be found via https://www.whydonate.nl, https://www.whydonate.eu, https://www.whydonate.de, and https://www.whydonate.be and https://www.whydonate.fr.

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. General

2.1 Whydonate makes it possible for Users to donate via the Platform to one or more Causes or actions. A User can also set up a fundraising campaign for a Cause.

2.2 Whydonate ensures that donations, made through the Platform, are paid out to the Cause. Besides the donation, the use of the Platform is free.

 

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 If User does not agree with the Terms of Use, no donation or fundraising can take place. If an agreement is concluded between User and Whydonate against the will of the User, User must immediately and unequivocally inform Whydonate by sending an e-mail to hello@Whydonate.nl

2.4 These Terms of Use 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 24 January 2019.

  1. Donations

3.1 In case a User wishes to make a donation via the Platform, the User must accept these Terms of Use 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 costs of a donation differ, depending on the payment method and can be found in this table. These are the costs of the transaction charged 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 terms of donations to a Cause are 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.  

  1. 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 by User provided information if it improves the accessibility and/or quality of the Platform.

4.3 Whydonate retains the right to temporarily suspend the Platform 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 hyperlinks 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 if necessary. For complaints or comments, the User or visitor must contact us by sending an email to: hello@whydonate.nl.

  1. Personal data & Privacy

5.1 If a User wants to make a donation or start a fundraising campaign, we ask you to enter a number of (personal) details during registration.

5.2 The personal data Whydonate collects from you as User, is needed to perform the agreement in a correct way. We only ask you to fill in personal data that we need to make a donation or set up a fundraising campaign.

5.3 Whydonate respects your privacy. Data of Users is handled confidentially and only  shared with third parties, to the extent that this is necessary to execute the agreement between Whydonate and User. An example of a third party with whom we share data is our External Payment Provider. Processing of the personal data takes place in a manner that is in accordance with the European General Data Protection Regulation.

5.4 More information about the processing of your personal data can be found in our separate privacy and cookie policy.

 

  1. Liability

6.1 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.

6.2 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.

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

6.4 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.

6.5 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.

6.6 The liability limitation in this title does not apply in case the damage is the result of intent or deliberate recklessness on the part of Whydonate.

  1. Intellectual property rights Whydonate

8.1 If the User uses the Platform, it is 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 or our licensors. 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 of Use 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 of Use.

8.5 Under the conditions as set out in these Terms of Use, 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.

8.6 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 Platform or without prior written consent from Whydonate or to request or re-use non-substantial parts of the Platform as intended in the Dutch Database Protection Act.

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

  1. 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 of Use and that the User has the right to grant these rights to Whydonate as laid down in these Terms of Use.

9.2 User guarantees that documents, data and/or materials that the User makes available are not in violation of the law and do not violate the rights of third parties, such as intellectual property and/or privacy rights. User makes sure no permission or license from any third party is needed for the use of documents, data and/or materials on the Platform.

9.3 Under the conditions set in these Terms of Use, 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 Platform via the Donation Platform.

9.4 By making data, documents and/or materials available to Whydonate (this includes uploading it to the Platform), the User acknowledges and agrees a free, unencumbered, worldwide, (sub)transferable non-exclusive license to Whydonate 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 Platform, 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 of Use 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 of Use 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 of Use.

9.7 Whydonate is not liable for any actions of third parties that contradict these Terms of Use 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 of Use.

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 of Use. All costs incurred and damages for Whydonate in relation to this liability must be covered by the User.

  1. Final Provisions

10.1 Deviations from these Terms of Use are only valid by mutual, written agreement. The other provisions included in these Terms of Use remain fully effective.

10.2 If any provision of these Terms of Use is deemed unlawful, void or unenforceable, the remaining provisions shall continue in full force and effect. Whydonate will replace any void part with clauses that are valid and of which the legal consequences, given the content and the meaning of these Terms of Use, will correspond as much as possible with those of the void part.

10.3 In case of sale, transfer or merger Whydonate may transfer its rights and obligations from these Terms of Use to a third party. User will be informed of any conveyance.

10.4 If a provision in this Agreement requires that a notice must be made “in writing”, it is also fulfilled if the notice is sent by e-mail.

10.5 Dutch law applies to these Terms of Use. If a dispute arises, Whydonate will endeavour to reach an amicable solution with the User. If no solution can be found, disputes arising from this agreement will be submitted to the competent court in Haarlem or Amsterdam, according to Whydonate’s choice, unless otherwise determined by mandatory law.

Menu
Top